Users and customers of services provided by Velnet.co.uk,
accept the terms and conditions of business set out below whether such
service was ordered via our web site or over the telephone.
1 We make no
representation that the domain name you wish to register is capable of being
registered by or for you or that it will be registered in your name. You should
not assume registration of your requested domain name(s) until you have been
notified that it has been registered.
2 The registration and use of your
domain name is subject to the terms and conditions of use applied by the
relevant naming authority; ICANN in the case of .COM/NET/ORG and Nominet in the
case of domain names ending with .UK 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;
3 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
4 We shall not release any domain to another
provider unless full payment for that domain has been received by us
5
All payments must be in UK Pounds Sterling. If your cheque is returned by the
bank as unpaid for any reason, we reserve the right to charge you a “return
cheque” charge of £25
6 All charges payable by you for the Services shall
be in accordance with the scale of charges and rates published from time to time
by us on our web site and shall be due and payable in advance of
our service
provision. Charges are exclusive of VAT which shall be paid additionally by you
at 17.5%
7 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;
8 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
9 if
you fail to pay any sums due to us as they become due, we may suspend the
Services and/or terminate this Agreement forthwith without notice to
you;
10 if you break any of these terms and conditions and you fail to
correct the breach within thirty (30) days following written notice from us
specifying the breach, we may terminate this Agreement forthwith
11 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 terminate
this Agreement forthwith
12 on termination of this Agreement or
suspension of the Services we shall be entitled immediately to block your Web
Site and to remove all data located on it. We shall be entitled to delete all
such data but we may, at our discretion, hold such data for such period as we
may decide to allow you to collect it at your expense, subject to payment in
full of any amounts withstanding and payable to us.
WEB HOSTING AND DIAL-UP SERVICE
These
Terms Of Service And Acceptable Use Policies ("Terms and Policies") are an
essential part of your relationship with Velnet Limited. By using your Velnet Limited account,
you agree to all of the Terms and Policies set out in this document.
1. General Terms and Policies. VELNET LIMITED is a private company
providing a private and commercial gateway to the Internet. Velnet Limited equipment and facilities
may be used to send electronic mail, conduct commercial transactions, access the
World Wide Web, newsgroups and private networks, engage in on-line chat
sessions, transfer files, enjoy audio and video programming, and otherwise
participate in all legal aspects of the Internet (these uses are referred to in
this document as "the Service"), subject to these Terms and
Policies.
The
Service is provided to authorised persons or organisations (referred to in this
document as "Subscriber" or "you").
Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be
bound by all of theses Terms and Policies. If you do not agree to be bound by these
Terms and Policies, you must cancel your account immediately and may not
thereafter use or attempt to use the Service.
Velnet
Limited grants you a non-exclusive right to access, use and display the Service
on any computers or other electronic display devices of which you are a primary
user. You may not assign,
sub-license or transfer any rights or obligations of the Service without the
express written consent of VELNET LIMITED.
2. Coverage. If you are an individual Subscriber,
these Terms and Policies apply to all persons who gain access through your
account. If you are a commercial
Subscriber, these Terms and Policies apply to all your employees, agents and/or
customers. In either instance, a
violation of these Terms and Policies by anyone using your account will be
treated as a violation by you.
3. Prices and Charges. Velnet Limited provides the use of our
portal and Internet access to you free of charge, but if through mis use or
through abuse on your part we incur any charges, we reserve the right to pass
these charges on to you.
4. Term. The Service is provided to you on for as
long as you wish to use it, but we may terminate your service if you as that we
terminate it, or if you use our services in a way that violates your terms of
use.
5. Grounds for Suspension and
Termination. You agree to comply
with these Terms and Policies, as well as the applicable rules, regulations and
policies of any network, bulletin board, newsgroup, web site or Internet Service
Provider accessed through the Service.
Any violation of either these Terms and Policies or the other rules,
regulations or policies noted above may serve as cause for Velnet Limited to
suspend or terminate your account.
You agree that Velnet Limited has the right, with or without notice, to
suspend or terminate your account upon the first or subsequent occurrence of any
of the following:
a. Using
the Service in a way, which constitutes violation of any applicable statute,
law, court order, tariff, regulation, or treaty (including, but not limited to,
intellectual property, communications, privacy, criminal and international
law);
Bussing
the Service in a manner intended to abuse or violate the privacy or property
rights of others, including but not limited to sending of unsolicited bulk
e-mail ("spamming"); this ground for suspension or termination is separate from
and in addition to the fees which will result from such
activity;
c. Using
the Service in an attempt to break security, or so as to actually break security
of any computer network (including the Service itself), or to access an account,
message, or file which does not belong to you;
d. Using
the Service in such a way as to forge or mis-represent headers, addresses, or
other identification in electronic mail or USENET postings, or using any other
method to disguise the sender's identity or location;
e.
Excessively using the Service in such a way as to limit the bandwidth available
to others.
f.
Posting commercial messages to a USENET group where the posting is not approved
by the specific USENET group in its charter;
g. Using
the Service to operate server programs, including, but not limited to mail
servers, IRC serves, game servers, ftp servers, Web servers, or streaming
audio/video servers.
h. Using
the Service to promote or solicit competing Internet
services;
I. Using
the Service for unauthorised relays through any third party systems;
j.
Attempting, in any way, to interfere with or deny service to any user or any
host on the Internet;
k. Using
the Service for mail bombing, which includes any instance where multiple
messages are sent to a specific destination with the intent to render the
recipient and/or the electronic system serving that recipient
dysfunctional;
l. Using
the Service to add or attempt to add addresses to any mailing list (yours or a
third party's) without the explicit positive consent of the addressee(s);
m. Using
the Service to forward or post "chain letters" (multiple forwarding) of any
type;
n.
Attempting to cancel, supersede, or otherwise interfere with email or USENET posts
other than your own;
o.
Engaging in harassment, whether through language, frequency, or size of messages;
p. Using
the Service to engage in syn flood attacks, which are defined as overburdening a
recipient computer system by sending a high volume of spurious data which
effective impedes or totally disables functionality of the recipient system(s),
or any other methods of denial-of-service attacks; or,
q.
Furnishing false data on your sign-up form, contract, or online application,
including providing fraudulent credit card or other payment
information.
No bill
credit will be given for a period of suspension. In the event of termination of your use
of the Service under this section, Velnet Limited may at its sole discretion
retain any or all amounts you have paid for use of the Service as liquidated
damages for your actions.
6. Security. You agree not to access or attempt to
access private areas of the Service.
You agree to notify Velnet Limited as soon as you become aware of an
unauthorized use of your account and/or any breach or attempted breach of
security on the Service.
7. Intellectual Property. Velnet Limited does not undertake to
examine or review messages, files, or other materials, which are accessible
through, pass through, or reside on the Service. Velnet Limited has designated Fedor
& co to receive complaints about alleged copyright infringement taking
place on Velnet Limited's facilities.
If you believe that your copyright(s) is being infringed by means of
material hosted on Velnet Limited's facilities, you need to provide a signed
notice in writing to Fedor & Co, 126 Woodville Road, Thornton Heath,
Surrey, CR 7 8LL. EMAIL: velnet@fendor.co.uk
Continuing a specific
identification of the allegedly infringing material and the location(s) on
Velnet Limited's facilities where the materials are to be found. Upon receipt of
such written notice, Velnet Limited will expeditiously remove or block access to
the allegedly infringing material, and provide notice to the person who had
posted that material. If Velnet
Limited receives a notification from that person indicating that the claim of
infringement was based upon mistake or misidentification, Velnet Limited will
send you a copy of that notification.
Unless you notify VELNET LIMITED of appropriate court action to restrain
the alleged infringement, the challenged material will then be restored or other
wise made accessible again.
8. Liability. You agree that use of the Service is at
your own risk. Except for
information, products, or services clearly identified as being supplied by
Velnet Limited, neither Velnet Limited nor any of its affiliates controls,
provides, operates, or is in any way responsible for any information, products,
or services accessible through the Service. VELNET LIMITED neither endorses nor
is responsible for the accuracy of third-party material(s), and you agree that
Velnet Limited is not responsible for any loss or damage caused by your use of,
or reliance on, such material(s).
You
understand and agree that you have sole responsibility for your posting of any
information or material to any site or newsgroup on the Internet, including but
not limited to postings to Web sites, whether residing on VELNET Limited
equipment or not, postings to newsgroups, and participation in any on-line chat
sessions. You agree to indemnify
and hold harmless VELNET LIMITED and its officers, directors, employees, and
other customers and subscribers from and against any claims, losses, costs,
liability, damages or expenses arising out of your
postings.
You
agree that, should you use the Service to send or receive voice communications,
VELNET LIMITED is not acting as a telecommunications carrier or telephone
company, that there is no representation made by VELNET LIMITED as to the
suitability of the Service for such use, and that all risk of connection,
transmission quality, and accuracy of communications is solely on you, and that
Velnet Limited has no liability of any sort for the failure or lack of quality
of such use of the Service.
You
agree to be liable for any damages or loss of service which results in damages
to VELNET LIMITED as a result of any spamming or other violations of Section 5
above. These damages include, but
are not limited to, system shut downs, retaliatory attacks or data flooding, and
loss of peering arrangements. You
agree that Velnet Limited may pursue any such claims against you in
Court.
You
agree that in no event will VELNET LIMITED have financial liability to you.
9. Warranty. VELNET LIMITED MAKES NO EXPRESS OR
IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE
SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE,
REGARDLESS OF WHAT YOU MAY HAVE TOLD Velnet Limited ABOUT YOUR INTENDED USE OF
THE SERVICE. NO ORAL ADVICE OR
INFORMATION GIVEN BY VELNET LIMITED OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR
OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE
SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Velnet Limited ARE PROVIDED ON AN
"AS IS, AS AVAILABLE" BASIS; VELNET LIMITED DOES NOT WARRANT THAT THEY WILL BE
ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Velnet Limited DOES NOT GUARANTEE THE
SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
10. Content. You understand and agree that
information and access available through the Service may include controversial,
sexually explicit, or other material that may be offensive to you or users for
whom you are responsible. VELNET
LIMITED has no responsibility for or control over such materials, and you take
sole responsibility for using any available screening software or other methods
of limiting access (specifically including the access of minors) to any material
you may find objectionable.
11. Dial-up Connection. Velnet Limited may terminate a dial-up
Subscriber's connection following prolonged period of inactivity as determined
by Velnet Limited in its sole discretion.
12. Privacy. Velnet Limited commits to follow
the controlling Federal and state laws respecting Subscriber privacy and data
access. Velnet Limited will not
provide names, addresses, telephone numbers, email addresses, or other
personally identifiable information on any Subscriber to any third party without
prior permission from that Subscriber, or as required under an appropriate court
or administrative directive, including a facially valid subpoena, or as
necessary to render the Service.
Velnet Limited may provide aggregate data on Subscribers to third parties
in the operation of Velnet Limited's business.
13. Disputes. You agree that any dispute between you
and Velnet Limited arising out of your use of the Service on in any way based
upon your subscription to and/or use of the Service which cannot be resolved
between you and Velnet Limited will be submitted by the aggrieved party for
binding arbitration under the auspices of the English law.
14.
Governing Law. These Terms
and Policies are governed in all respects under English
laws.
15.
Amendments. These Terms and
Policies may be amended in any respect at any time by VELNET LIMITED upon the
posting of the amended Terms and Policies on the terms of use section of the
Service. Your continued use of the
Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use
the Service as a result of any such amended Terms and Policies, you may provide
notice of your wish to terminate your use of the Service to Velnet
Limited.
RESELLERS
ALL
RESELLERS ARE BOUND BY THE ABOVE TERMS AND CONDITIONS AND ARE RESPONSIBLE FOR
ENSURING THEIR CUSTOMERS ARE BOUND.