DEFINITIONS

"We" "Us" "Our" means Netaddress Limited or any party acting upon our instructions. "You" "Your" means the person applying for the registration of a domain name or for the use or provision of any of the services supplied or provided by us and includes any person acting upon your instructions. "Server" means any computer server equipment used by us in connection with the supply or provision of any of our services to you. "Service" "Services" means any service supplied or provided to you by us whether payment for such services is required or not and whether payment for such services has been made or not.

IMPORTANT NOTICE

All users of services provided by us, by use of such services, accept and indicate their agreement to the Terms & Conditions set out below, irrespective of the mode or manner of ordering employed to order the services.

WEB DESIGN

You will pay to us a sum equivalent to 25% of the projected design costs of any web site to be designed for you by us prior to us commencing work. Any variation to the projected design costs as may occur from time to time during the course of the design process will be notified to you and we may, at our entire discretion, require you to pay to us a sum equivalent to 25% of the total of any such variation before we undertake such work as the variation entails.

Upon satisfactory completion of your website you will pay to us the full balance of the design costs and any other charges that remain outstanding within 30 days from the date of issue of the relevant invoice.

All unique design work, including any graphic material, remains our property and under our sole ownership until full payment has been received by us.

We reserve the right to include a definition, description, hyperlink and screenshots of any web site design by us for inclusion in our own web design portfolio.

Any textual and/or graphical content required by us to enable us to complete your website will be supplied to us within a period of 6 months from the commencement of your website unless an alternative period has been agreed by us and notified to you in writing.

In the event that we are unable to complete your website for whatever reason, we may refund to you such portion of any monies that have been pre-paid by you that we deem appropriate in the circumstances. Any such refund will be at our entire discretion.

All information passed by you to us as part of the web design process shall remain strictly private and confidential. Under no circumstances will any such information be passed to any third party unless we are instructed to do so by a recognised legal authority under English law.

DOMAIN NAME REGISTRATION

We make no representation that the domain name that you wish to register is capable of being registered by or for you. You should therefore not assume registration of your requested domain name(s) until we have notified you that it has or they have been registered. Any action taken by you before such notification is at your risk.

The registration and use of all domain names is subject to the terms and conditions of use applied by the relevant Naming Authority. You shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Naming Authority to register your desired name.

The Rules and the Terms & Conditions for the Registration of Domain Names, issued by Nominet UK, can be found at http://www.nominet.org.uk/terms.html

Terms of the Registration Agreement and of the Dispute Policy, issued by Internet Names World Wide, can be found at http://www.melbourneit.com.au/policies/

We shall have no liability in respect of the use by you of any domain name. Any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute

You agree to indemnify us and the relevant Naming Authority in full against all claims, damages, penalties and expenses arising from any third party allegation that the name registered infringes any rights owned by a third party.

No domain name will be released to another provider unless we have received full payment for that domain name and the relevant administration fees.

WEB HOSTING and E-MAIL

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the server and we shall have no liability for any loss or damage to any data stored on the server.

You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the server.

You represent, undertake and warrant to us that you will use the server space allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:

(a) you will not use the server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.

(b) you will not post, link to or transmit:

(i) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.

(ii) any material containing a virus or other hostile computer program.

(iii) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

(iii) any bulky multi-media files eg: sound, video or streaming media files. These include .avi, .mpeg, .mp3, .wav, .real, .wmv files. Flash mutlimedia is, however, permitted.

(c) you will not send bulk email whether opt-in or otherwise, nor will you host a site promoting or otherwise involved in the use of bulk email.

(d) you will not employ programs or files which consume excessive system resources, including but not limited to processor cycles and memory.

We reserve the right to remove any material that we deem inappropriate without notice.

We do not permit the hosting of

(a) warez - includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

(b) adult material - includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the our discretion.

(c) illegal material - this includes copyrighted works, commercial audio, video, or music files, and any material in violation of any federal, state or local regulation

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

You shall observe the procedures that we may from time to time prescribe and shall make no use of the server that is detrimental to our other customers.

You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

In the case of an individual user, you warrant that you are at least 18 years of age and, if the user is a company, firm or other business, you warrant that the services supplied or provided by us will not be used by anyone under the age of 18 years.

While we will use every reasonable endeavour to ensure the integrity and security of the server, we do not guarantee that the server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

We reserve the right to suspend or cancel access to any or all services if we, at our entire discretion, consider that the service is being, or has been, used inappropriately.

We reserve the right to refuse service and /or access to our servers to anyone.

Use of bandwidth on your account is restricted to 2000mb per month.

We reserve the right to cancel service at any time. All fees paid in advance of cancellation will be refunded on a pro-rata basis if we institute our right of cancellation. If cancellation is caused by any violation by you of these terms and conditions, no refund will be due.

You may cancel your account with us at any time by giving us notice of such cancellation at least 7 days before the next regular payment of your account falls due. Such notice must be made to us in writing.

All monies paid by you are non-refundable and you will not be entitled to a refund for any portion of the hosting period that may remain unused following your cancellation of your account.

You are not permitted to resell or give away any part of the server space allocated to you.

SERVICE AVAILABILITY

We shall use our reasonable endeavours to make available to you at all times the server and the services but we shall not, in any event, be liable for interruptions of service or down-time of the server.

We shall have the right to suspend the services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.

Neither the services provided to you nor your account with us can be transferred or used by anyone other than you. No more than one login session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time. User programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub-clause, we shall have the right to cancel the account and terminate the services and/or this agreement immediately.

PAYMENT

All charges payable by you for the services shall be in accordance with the scale of charges and rates published by us from time to time and shall be due and payable in accordance with the terms as contained within the relevant section of our website. We reserve the right to change our payment terms and pricing at any time although all pricing is guaranteed for the period of pre payment.

If payment for services is required to be made by credit or debit card, you authorise us to debit your account renewal fees from your card at the intervals indicated within the relevant section of our website until we receive notification from you that the relevant service is to be cancelled. Any such notification must be received by us at least 7 days before the next renewal payment is due and must be received by us in writing.

All payments must be in UK Pounds Sterling.

If any cheque issued by you is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.00

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of services to you.

All fees and charges shown that relate to the provision of services exclude VAT @ 17.5%

TERMINATION

If you fail to pay any sums due to us as they fall due, we may suspend the services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions we may suspend the services and/or terminate this Agreement forthwith without notice to you.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the services and/or terminate this Agreement forthwith without notice to you.

Upon termination of this Agreement or the suspension of services we shall be entitled immediately to remove from the server all data associated with your account.

INDEMNITY

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services and the server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

LIMITATION of LIABILITY

All conditions, terms, representations and warranties relating to the services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to nothing in these terms and conditions excluding our liability for death or personal injury resulting from our negligence.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services that are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.

In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing on our website or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall, unless the contrary is proved, be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or, if sent by recorded delivery, shall be deemed to be served two days following the date of posting.

LAW

This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

HEADINGS

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

ENTIRE AGREEMENT

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation that has not been made expressly in this Agreement.

We reserve the right to revise our terms & conditions at any time.

Copyright © Netaddress Ltd 2001