Domain Express Internet Limited (henceforth referred to as Domain Express) will use reasonable efforts to supply a continuos service. However, Domain Express is not liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of Domain Express, or by errors or omissions of the client.
This agreement contains express warranties, undertakings
and obligations of Domain Express. All other conditions,
warranties, terms, undertakings and obligations of Domain
Express, whether implied by statue, common law, custom,
trade usage or otherwise and all duties of care, contractual
or otherwise, and all liabilities (if any) of Domain Express
arising there from are excluded to the extent permitted by
law.
You agree that we are not liable to you for any special
consequential damages which you may suffer as a result of
loss of business, contracts, profits, savings or otherwise.
Domain Express excludes any warranty as to the quality or
accuracy of information received through the service.
Domain Express is unable to exercise control over material
sent over the internet and excludes all liability of any
kind for the reception by the client of offensive, threatening
or obscene material, or material that is in breach of UK
or other applicable law.
The client may terminate this agreement at any time upon
giving Domain Express written notice to the address at the
bottom of the agreement.
Domain Express clients are liable for all charges levied
by their telephone service provider arising from the client's
use of Domain Express's Internet service.
TERMINATION OF SERVICE
Domain Express has the option to suspend the service immediately
upon breach by the client of any of the terms and conditions
of this agreement, including, without limitation, late or
non-payment of sums due.
From time to time Domain Express or its sub-contractors
need to carry out maintenance on the network, which may
involve shutting parts of it down. Domain Express will give
as much notice as possible and shall try to keep this work
to the period specified in the notice. Domain Express accepts
no liability whatsoever arising from such a suspension of
the service.
DOMAIN REGISTRATION SERVICES
Domain Names are registered by Domain Express with the relevant
Naming Authority under the Clients details given at time
of registration. Once Domain Express has accepted the order
for domain registration by the client, the Domain Name is
the property of the Client for a minimum of two years and
cannot be revoked. The client shall maintain all future
registration payments for their Domain Name until such time
that written notice of cancellation is submitted to Domain
Express fourteen days prior to the renewal date. Otherwise
Domain Express will invoice all clients that have purchased
a new Domain name through Domain Express on expiry of their
current registration period.
Domain Express does not warrant or guarantee that the
domain name applied for will be registered in your name
or is capable of being registered by you. Accordingly,
you should take no action in respect of your requested
domain name(s) until you have checked the WHOIS database
(see below) to see the status of your registration. All
invoices posted to customers are confirmation of payment
made only. Invoices are not a confirmation of domain registration,
which can only be determined by checking the WHOIS database.
Domain Express accepts no liability for consequential
loss of earnings and revenue incurred due to the client's
premature actions.
For UK (.uk) domain names Domain Express clients must
agree to the terms and conditions of the UK domain name
registrar, Nominet UK. These terms and conditions can
be found at http://www.nic.uk/terms.html
For top-level domain names (.com, .net, .org, info and
.biz) Domain Express clients must agree to the terms and
conditions of the ICANN domain name registrar, INWW (Internet
Names Worldwide). These terms and conditions can be found
at https://direct.internetnamesww.com/inww-terms.shtml
For .gb.com domain names Domain Express clients must
agree to the terms and conditions of the registrar, CentralNic.
These terms and conditions can be found at http://www.centralnic.com/terms.php
Domain Express clients can transfer their registered
domain name from Domain Express to another hosting company
at any time. Domain Express will charge an administration
fee of £10 + VAT to effect the transfer. Domain
Express will Endeavour to process all transfers on which
the administration fee has been paid within 5 working
days of the written request from the customer.
STANDARDS OF CONDUCT
Pornography and sex-related merchandising are prohibited
on Domain Express servers and sites will be terminated
without any refund of monies paid.
Spamming, or the sending of unsolicited email, from
a Domain Express server or using an email address that
is maintained on a Domain Express machine is strictly
prohibited. Domain Express clients may only use the Internet
for lawful purposes.
Domain Express clients agree to not knowingly use the
service: - to transmit or upload material that is obscene,
pornographic, threatening, offensive, defamatory, in breach
of confidence, in breach of any UK law, that any breach
of these obligations will allow Domain Express to terminate
the client immediately.
The client must keep the username and password secure
and not let them become public knowledge and that the
password will not be stored anywhere on a computer in
plain text, that if the password becomes known to another
unauthorized person they will inform Domain Express immediately.
The client agrees to fully and effectively indemnify
Domain Express against all losses, costs, actions, proceedings,
claims, damages, expenses, expenses (including legal expenses)
or liabilities, howsoever suffered or incurred directly
by Domain Express in consequence of the client's breach
or non observance of points above.
The client shall defend and pay all costs, damages,
awards, fees (including legal expenses) and judgments
awarded against Domain Express arising from breach or
breaches of points above. Domain Express may in its absolute
discretion defend such claims and may compromise such
claims with the consent of the client, such consent not
to be unreasonably withheld. The client shall provide
Domain Express with the assistance necessary to defend
such claims, at the client's sole expense.
If we think that you are abusing the capacity of the
Service we may terminate or suspend your right to use
it.
SOFTWARE AGREEMENT
Domain Express may supply, as part of this agreement,
licensed and unlicensed programs, protected by copyright
law. Your right to use the software is limited to the
terms and conditions enclosed with each program.
LIMITATION OF LIABILITY
Replacement or refund (at the option of Domain Express)
is the exclusive remedy if there is a defect. In no event
shall Domain Express or the other software providers be
liable for indirect, incidental or consequential damages,
including without limitation, loss of income, data, use,
or information, even if Domain Express or the other software
providers have been advised of the possibility of such
damages.
These terms and conditions are governed by English law.
The client and Domain Express both agree to submit to
the exclusive jurisdiction of the English Courts. The
Client and Domain Express both agree that a court may
strike out or override any part of these terms and conditions
if it considers them to be illegal, unenforceable or unfair
and in such cases enforce only the terms and conditions
as if the offending clause or clauses had never been contained
in them.
© 2005 Domain Express (
'DomainExpress' is a trading name of Freezone Internet
Ltd.) All rights reserved.
|
