| By
requesting an account with EZYSITE, you will be deemed to have agreed to
and accepted the terms and conditions of use of the service.
EZYSITE reserve
the right to vary the Conditions of Use and acceptable use policy for the
service at their sole discretion at any time and without prior notice.
Any decision made by EZYSITE in relation to this service shall be final.
These terms and
conditions specifically apply to hosting and domain registration customers.
Consultancy and Web Design clients may be subject to more appropriate Terms
and Conditions.
Domain Name Registrations
& Renewals
The party requesting registration
of any name certifies that, to her/his knowledge, the use of the name does
not violate trademark or other statutes. Registering a Domain name does
not confer any legal rights to that trade name and any disputes between
parties over the rights to use a particular name are to be settled between
the contending parties using normal legal methods.
EZYSITE have not carried
out trademark or related searches in respect of any name requested for
registration, and it is the responsibility of the party requesting registration
to do such a search. EZYSITE shall not under any circumstances be held
liable for any violations of trade mark or other statutes by any persons,
companies or organisations.
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 therefore
not assume registration of your requested domain name(s) until you have
been notified 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 your domain name 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.
We shall accept 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.
We shall not release any
domain to another provider unless full payment for that domain has been
received by us; Cancelled domain registrations shall be subject to our
standard administration fees, the naming authority fees will not
be payable. All cancellation applications must be received in writing not
later than one month from registration. All domains registered by EZYSITE
shall reside on EZYSITE servers pointing to EZYSITE websites until the
customer transfers the domain or orders hosting services. We reserve the
right to contact customers regarding customer services and/or special offers.
When a UK domain name is
registered in your name you will be subject to the terms and conditions
of Nominet UK which are available for inspection at http://www.nominet.org.uk/nominet-terms.html.
If an international domain
name is registered in your name you will be subject to the terms and conditions
of Bulk Register, our registration agent, which are available for inspection
at http://bulkregister.com/agreement.phtml.
Transfers; Customers wishing
to transfer their domains to another provider for hosting may do so free
of charge in most circumstances. However, any charges incurred by EZYSITE
in affecting any such transfer will be passed on directly to the customer.
The transfer shall be completed as soon as possible upon receipt of cleared
funds.
Web Hosting
Space
You may use up
to a maximum of the amount of space for your type of account. If you exceed
this limit, you will either remove files to bring you below the limit,
or pay extra for an upgrade of account. If you do not comply with this
condition, files will be removed by EZYSITE to bring your space usage below
the limit.
Bandwidth
EZYSITE customers
are, as standard, offered high bandwidth allowances. We will allow sites
to exceed the bandwidth allowance, within reason, but we reserve the right
to recharge for the excess bandwidth at £2 per 100Mb exceeded. If
a site exceeds the allowance by more than 1Gb, we reserve the right to
suspend web access to the account pending agreement between ourselves and
the client to ensure we do not exceed your ability to pay for it. All bandwidth
is measured between the first and last day of a given month and accounts
suspended due to high bandwidth useage will be reinstated on the first
day of the following month.
Disclosure
Your passwords
are your responsibility, and should not be disclosed to any third party.
You will notify us and change any password which you believe may have been
compromised.
Email
You must accept
mail to webmaster@yourdomain and to postmaster@yourdomain as a precondition
of using the service.
Support
Support is only
available for uploading, downloading and viewing pages. No support will
be given for authoring or page design.
Backups
You will be responsible
for retaining copies of your own data. EZYSITE do keep backups of our servers,
however we are unable to use these to backup any of your lost files, except
where this is due to a failure of the server.
Liability
EZYSITE accepts
no responsibility for loss of data, information in any form or other matters
whatsoever which result from the use of this service.
EZYSITE shall
not be held liable for any loss however occasioned as a result of the suspension,
removal or unavailability of a customer's web site or material stored within
it.
We may change
the service at any time. We shall not be liable for any consequential losses
you may suffer. We are not responsible for any use you make of EZYSITE's
services, for any charges that you incur with any third party, nor for
any software running on your host, except as documented within a separate
written agreement. You indemnify EZYSITE against the effects of any misuse
or any claims resulting from that misuse.
Site Contents
You will be responsible
for the content of your web site, including obtaining the legal permission
for any works they include and ensuring that the contents of these pages
do not violate English law. You will be held responsible for and accept
responsibility for any defamatory, confidential, secret or other proprietary
material available via your web site.
Your site may
not be used to distribute or advertise any of the following: software for
sending SPAM (bulk emails, excessive news postings, etc.). lists of email
addresses except where all the addressees have given their explicit permission.
any collection of personal data other than in accordance with the Data
Protection Act and the Data Protection Principles. We do not allow sites
offering MP3 files for download. Any such files will be automatically deleted.
Intellectual Property
Rights
You shall obtain any and
all necessary consents and clearances to enable you lawfully to make use
of all and any intellectual property rights through the Services, including
without limitation, clearance and/or consents in respect of your proposed
domain name.
Email
Exchanging email
with other Internet users is generally a matter of common sense and courtesy
to others. Users of our service should follow Netiquette at all times.
EZYSITE provides
email services as part of the package of services. You must not send via
email any item which it is illegal to send or possess and you must not
send Copyright material or Intellectual Property via email unless you have
permission to do so.
If spamming attacks
or mail bombs are perpetrated and it is considered necessary, in the sole
opinion of EZYSITE, then a public announcement will be made and this will
include the disclosure of the SENDER's identity. Accounts of spammers on
our network will be terminated.
Illegal
Advertisements
You may not advertise
your web site, or cause another person to advertise it, by techniques that
would be classified as abuse if they were carried out from a EZYSITE account.
This includes, but is not limited to, bulk emailing and excessive news
posting. Such action may be treated as a violation of the Terms and Conditions.
Suspension
and Termination
You may terminate
your service with us at any time, giving a minimum of 30 days notice. Any
pre-payments beyond the termination period will be refunded to you by cheque.
We may terminate
your account at any time with 30 days notice, except where these terms
and conditions have been breached, whereby immediate termination may be
enforced. In the event of immediate termination, you will not be refunded
any pre-payments.
EZYSITE reserves
the right to suspend or cancel any account at its sole discretion.
Payment
We require payment
in advance of service. You may pay quarterly, bi-annually or annually,
as agreed in advance and you may change this period at any time. We accept
payments by Credit Card, Debit Card or Cheque. You will be invoiced as
appropriate for the service. If your payment becomes overdue by one month,
we will suspend the account, and if following one month of suspension your
account remains unpaid, we will then terminate your account and delete
all associated files. We reserve the right to charge interest at 2% above
the base rate set by the Bank of England on overdue accounts.
Supply
of Service
We will use our
reasonable endeavours to maintain all our services. You will only be eligible
for compensation for service failures if our service is off-line for more
than a total of 48 hours in any 30 day period, or if the service is unavailable
for more than twelve consecutive hours. Compensation will be limited to
a maximum of the monthly fee for that period.
Illegal
Usage
EZYSITE permit
you to use its equipment for legal activity only, namely the hosting of
websites or e-mail services, or any other service we provide to you. You
may not use our service: for material of an adult nature; for sending bulk
unsolicited e-mails; for distributing copywrite material unless you have
prior permission from the owner; for publishing material that is not legal
under UK law; for sites encouraging nazi or terrorist activity. We provide
Telnet and FTP access to our clients to enable certain modifications in
relation to their own sites. You may not use this to access, view or modify
the accounts of any other client, or our root server information.
Any unauthorised
use of our equipment is a criminal offence under current UK law.
You will not
sell on or share use of the service, or any part of it, with any other
person except:
members of your
household at the same address,
your employer
or employees at the same address or
where specifically
agreed, in writing, with us.
Where you use
our service to reach networks and services not operated by us, you will
abide by the AUPs, Terms and Conditions imposed by the operators of those
networks and services. Any decision made by EZYSITE in relation to the
services provided, Conditions of Use and AUPs shall be final. These Conditions
of Use and all other legal relationships between us shall be governed by
and construed in accordance with English Law, and are subject to the exclusive
jurisdiction of the English courts. If any part of these Conditions of
Use or any AUP shall be held to be invalid or unenforceable, this shall
not affect the enforceability of any other provision of these Conditions
of Use or AUPs.
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.
Special
Offers/Discounts
Unless otherwise
stated or agreed in writing, discounts or special offer prices which may
be offered to the customer by EZYSITE will be valid only for the initial
period specified on order. Unless otherwise agreed, renewals will be charged
at the prevailing rate.
The Company
EZYSITE, as referred
to in this document and elsewhere on this Website, it the trading name
of the following UK Company:
EZYSITE
Ltd.
18 Oaklea
Mews
Aycliffe
Village
County Durham
DL5 6JP
United Kingdom
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UK Company Number:
03963566
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Please Note that
we do not charge VAT.
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