Web Hosting and Server Leasing Terms and Conditions

1. Definitions

1.1 Client means person, firm or company that purchases or agrees to purchase goods or services from the company

1.2 Company means Entia Media (is a trading name of Freshwebdevelopment Ltd, Company Registration No.: 5253467 GB )

1.3. Goods or Services means the item supplied by the company as specified in the order form

1.4 Contract means a contract for the supply of goods and services by Entia Media

2. Terms & Conditions

2.1 These terms and conditions here with shall apply to all contracts for the sale and supply of goods and services by Entia Media to the exclusion of all other terms and conditions which the client may purport to apply

2.2 By completing the order form, orders by the mode of telephone or logging into your account/ uploading files the client will be deemed to have accepted and agreed to these terms and conditions

2.3 Any variation of the terms and conditions shall be inapplicable unless agreed in writing by the company

2.4 We the company reserve the right to amend and update these terms and conditions at anytime without notice

3. Supply

3.1 The company agrees to provide the service to the client to the extent described in the client agreement from and according to the terms and conditions of this contract. The service level shall be deemed incorporated in to this contract

3.2 If the client's bandwidth reaches the point where it has an adverse affect on other clients we the company reserve the right to disable your site until you can reduce your bandwith usage

3.3 Each virtual server includes a nominated amount of bandwidth, if you use more than this amount then you agree to pay for this bandwidth at a rate of 5 UK Pounds per 500 MB of usage

3.4 The company reserves the right to vary the service level at anytime. Any such variations will not be such as to reduce the overall standard of service

4. Price & Payment

4.1 Price is exclusive of VAT, but the price will vary according to which package the client purchases

4.2 Payment by the client will be either on a monthly or yearly basis

4.3 Payment is due each anniversary month or year following the date the account was established. Clients will automatically be charged again at the end of their period unless closure notification has already been given.

4.4 Payment on a monthly basis will be by standing order or credit card after the first initial payment of the first month for UK clients and payment on a monthly basis for clients outsite the UK will be by credit card

4.5 The company reserves the right to vary the amount payable (monthly or yearly) from time to time, however we will give you 30 days prior written notice of any such variation

4.6 We do not offer any form of credit to clients

4.7 If the client's service or account is activated before payment is made then payment must be sent in full

4.8 If payment is not made and received in full within 7 days from the completion of the agreement all technical support for the site will be revoked. If payment is still not made in the following 7 day period the client's account will be deleted from our servers and all DNS services will stop

4.9 If your account is cancelled and is later reactivated an administration fee of £25.00 is levied on your account

4.10 Any returned cheques to clients will incur an administration fee of £35.00

4.11 The company has no obligation to carry out any work until full payment in advance has been received in clear funds.

5. Termination & cancellation

5.1 The initial term of this contract shall be the period described in the above and shall commence on the date of acceptance by the client. Thereafter the contract will continue on a monthly or yearly basis unless terminated according to the provisions below

5.2 All account cancellations must be done in writing, with at least 30 days notice. Notifications must include user name, principal contract name with valid signature and reason for cancellation. Third party cancellations are not accepted

5.3 If a client has ordered a service on a monthly subscription and leave within three months of joining there will be an administration fee of £45.00

5.4 In the event of improper use we the company reserve the right to cancel your account at anytime without notice

5.5 When your account is closed whether by 5.2, 5.4,5.8, 7.7 or any sections under 9.0, all files will be deleted

5.6 Any attempt to use the Supreme Control Panel for purposes other than its intended use will result in your account being terminated

5.7 Any improper use by the client under any sections under 9.0 will result in immediate termination of the Company's service

5.8 If a client has ordered a service on an annual subscription the company expect the client to commit for this period of time. If the client wishes to cancel within this service period, we the company will not make any refunds for any unused portions of the client's account. Whilst the company does not offer refunds the client have no obligation to continue using our service

• After the minimum contract period, customers may cancel any package by contacting the Customer Care team on +44 (0) 1206 302245 (Monday to Friday, 9:00am to 4:00pm UK time, excluding Bank Holidays). Customers must provide details of the account/package to close, including the account Owner Password for verification. Entia Media will not, under any circumstances, close an account without first confirming the Owner Password.
  
  
• Customers will be required to complete a Closure Confirmation form, authorising the permanent removal of all website and email services on the account, from our system.
  
  
• On receipt of a completed Closure Confirmation form, the account will be scheduled to close. Entia Media will acknowledge the closure by sending an email to the email address registered on the account.
  
  
• If Entia Media do not receive the completed Closure Confirmation form within 14 days of sending, the cancellation request will be discarded and the account/package will remain open.
  
  
• Any incentives that were offered to customers when opening their account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives, in the result of a cancellation.
  
  
• Entia Media reserves the right to cancel the service at any time.
  
  

6. Company's Liability

6.1 In no circumstances whatsoever will the company be liable for economic, indirect or consequential loss arising from delays or service interruptions

6.2 The company will not be responsible for loss occasioned by computer viruses, whether introduced by the Company's software or otherwise

6.3 To protect your privacy we will not distribute your name or e-mail address to any third party

6.4 We the company reserves the right to remove material deemed inappropriate from your web pages, without prior notice. Entia Media do not allow Adult, Warez, Illegal MP3 websites on their servers

6.5 We the company shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of services

6.6 Whilst the company shall expeditiously seek domain registration, the company shall not be liable in the event of the domain having been registered by some other person by the time the company seeks registration in which event a full refund will be paid to the client without any other liability on the part of the company for loss by the client

7. Client's Liability

7.1 It is the client's responsibility to carry out computer virus precautions

7.2 Data stored on our servers is backed up. It is the responsibility of the client to keep independent backup files of important data. We the company cannot be held responsible for any loss incurred from the client's inability to backup any files.

7.3 Telnet shell accounts are made available for editing and setting up your website. It is not a development platform for issues unrelated to your website

7.4 Clients must not leave their home directory at anytime

7.5 Clients must not attempt to gain the privileges of another user

7.6 Any interference with the following files will result in your telnet access being removed -.bash_history - .bash_logout - .bash_profile - .bashvc

7.7 Clients may have commercial use of web and ftp space. This privilege must not be abused. If the company believes that this or any other facilities have been abused by the client, this will result in an immediate termination of their account

7.8 Clients will be responsible for the content of their page/s including obtaining the legal permission for any works they include and ensuring that the contents of their page/s do not violate UK or any other laws that are applicable

7.9 The clients will be responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via their page/s

7.10 When seeking domain registration, the client will be responsible when placing an order to ensure that the domain has not been registered by some other person.

8. Password Security

8.1 The client will be given a login account, which is for personal use only. Clients must not divulge the password to any other people

8.2 The client shall taken reasonable precautions to ensure that it is not discovered by other people

8.3 The company reserves the right to change the password in the event of any suspected security breach

9. Improper Use

9.1 The company's service may only be used for lawful purposes by the client

9.2 Any breach of 7.9 shall be deemed a material breach of this contract and shall entitle the company to terminate the contract irrelevant whether the client is aware of the content of any material so transmitted or not

9.3 We the company do not allow adult, warez, illegal MP3 sites or IRC Bots

9.4 Clients may not store more data in their account than their allotted quota. The quota command may be used to examine their current disc usage and quota

9.5 Clients may not run server processes, such as talkers or IRC Bots from their login account

9.6 Clients must not participate in any form of unsolicited bulk e-mailing or spam

9.7 Any breach of the above provisions will result in an immediate withdraw of service provided by the company

10. Return and Refund Policy

10.1 Fees charged on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.

Customers will only be entitled to a refund when the service is within a trial period, or where the service is cancelled by Entia Media.

In the event that Entia Media cancels the customer's service, the customer will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Entia Media Terms of Service a refund may not be issued in the event of a cancellation.

Customers who cancel during the initial 30 day trial period will only be entitled to a full refund for their hosting fees, but will not be entitled to a refund for any additional services purchased. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.

Domain credits are non-refundable as they enable the purchase of domain names at discounted prices, based on an up-front commitment.

11. Chargebacks

By registering a UK domain name you are also bound by the following terms and conditions:-

WARNING: by registering a domain name within the .uk Top Level Domain (a “Domain Name”), you enter into a contract of registration with Nominet UK (“We”, “Our” or “Us”) on the following terms and conditions. This is a separate contract to any arrangement you may have with any third party for the provision of internet services.

Nominet is the Registry for all internet Domain Names ending in .uk and provides a public service for the .uk namespace on behalf of the Internet community. You can find out more information about Nominet from our web site at http://www.nominet.org.uk. Nominet is a not - for - profit company limited by guarantee which is performing services on a cost recovery basis. This is why we consider it reasonable to limit our liability in certain respects so that we may continue to offer our services in the interests of the whole internet community.

This Contract includes our current Rules For The .uk Domain And Sub-Domains (“Rules”) and the Policy and Procedure for our Domain Name Dispute Resolution Service (“Policy” and “Procedure” as appropriate). Copies of the Policy, Procedure and Rules are at NOMINET or can be obtained from us.

You may have registered a Domain Name through a third party (usually, but not always, your internet service provider). In these terms and conditions, the term “Agent” means such a third party.

1. What we will do

1.1. We will process your application to register a Domain Name and consider whether or not to accept it in accordance with the criteria laid down in the Rules;

1.2. If your application is accepted, we will inform you or your Agent. If your application is rejected, we will inform you or your Agent as soon as reasonably practicable and return to you or your Agent (as appropriate) any payments received;

1.3. Unless the current Rules of the relevant sub-domain state to the contrary, we will register Domain Names on a first come, first served basis. Until we accept your application, there is no guarantee that the Domain Name you applied for will be entered in the Register as such. We therefore recommend that you do not take any action in respect of a Domain Name until you have received confirmation from us that your application has been accepted.

1.4. After your application has been accepted, we will enter the Domain Name and other relevant details (namely the data described in clause 6 below, together with details of your Agent, if any) in the Domain Name register database for the requested second level of the .uk top level domain (the “Register”).

1.5. We will use the information in the Register entry for the Domain Name to enable the resolution of requests for the Domain Name, by pointing to the authoritative name servers listed in the Register Entry for the Domain Name. For further information about the technical requirements for registering a Domain Name, please contact your Agent.

1.6. After your application has been accepted and we have received your registration fee, we will issue you with a registration certificate and a reply form.

1.7. Subject to clause 8 below, we will transfer your Domain Name and update the Register accordingly on receipt of correctly completed transfer documentation from you and any relevant transfer fee applicable at the time of transfer. We will not transfer a Domain Name whilst it is the subject of legal proceedings or proceedings under our Dispute Resolution Service.

1.8. Please note that subject to clauses 8.5 and 8.6 we will not refund any fees after your Domain Name and details have been entered in the Register.

1.9. Subject to clauses 8.7 and 8.8 below, we will only make changes to the details contained on the Register (other than the registrant field), if we receive instructions and approval from you or your Agent.

1.10. Subject to clauses 8.7 and 8.8, we shall only alter the details contained in the “registrant” field of the Register if we receive authorisation directly from you.

2. What you must do

2.1. You must ensure that we receive the registration or renewal fee within one month after the issue of our invoice. For the avoidance of doubt, if you use an Agent it will be your responsibility to ensure that the Agent has paid the registration or renewal fee to us within one month of the issue of our invoice.

2.2. You must sign and return to us the reply form which we will send to you after registration or renewal as appropriate.

2.3. You must inform us promptly of any change in your registered details, and those of your Agent if applicable. It will be your responsibility to maintain and update any details you submit to us and to ensure that your details are up to date, and accurate. In particular, it is your responsibility directly or by your Agent to ensure that we have your full and correct postal address.

2.4. You must promptly inform us of any court proceedings brought in respect of the Domain Name.

2.5. Any name server listed in the Register entry for the Domain Name must respond authoritatively to requests for the Domain Name at all reasonable times.

3. Renewal of your Domain Name Registration

3.1. The registration period is two years from the date of entry into the Register of your Domain Name registration. Provided you pay us your renewal fee and subject to clause 8 below, you will have the right to renew the Domain Name registration by entering into a new Contract with us for further periods of two years.

3.2. Subject to clause 3.3 below, when the Domain Name registration falls due for renewal, we will contact your Agent (at the Agent’s address appearing in the Register) to request payment of the relevant renewal fee.

3.3. If no Agent is listed on the Register entry for the Domain Name, or if the Register entry for the Domain Name indicates that you wish to be invoiced direct, we will request payment of the relevant renewal fee direct from you at the registrant address appearing in the Register.

3.4. If we fail to receive the renewal fee within thirty (30) days of our making a request for the renewal fee, we will suspend your registration for at least 6 weeks and if we do not receive payment within the suspension period we will cancel your registration without further notice to you. During any period of suspension, we will not point to any name servers listed in the Register entry for the Domain Name, and you will be unable to use or transfer the Domain Name.

4. Exclusions and Limitations of Liability

4.1. Nominet does not carry out any investigation as to whether you are entitled to register or have any rights in the Domain Name. By registering the Domain Name we are not acknowledging that you have any rights in the name comprised in the Domain Name, and we are not authorising you to use the Domain Name in the course of trade.

4.2. Nothing in these terms and conditions limits or excludes our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.

4.3. We shall not be liable to you whether in contract, tort (including negligence) or otherwise for:

4.3.1. any loss of profit, revenue or other type of economic loss (whether direct or indirect);

4.3.2. loss of business or contracts;

4.3.3. loss of anticipated savings or goodwill; or

4.3.4. any losses which a court holds to be consequential, or indirect losses; arising out of or in connection with the Contract, including but not limited to:

4.3.5. any error or omission in entries to the Register; and

4.3.6. loss of registration and/or use (for whatever reason and whether temporary or otherwise) of the Domain Name.

4.4. All conditions and warranties which may be implied by law into any Contract with you are excluded to the fullest extent permissible by law.

4.5. Our aggregate liability to you whether under these terms and conditions or otherwise (including liability for negligence) shall not exceed £5,000.

4.6. If you are a consumer (ie you are not registering or intending to use the Domain Name in the course of a business, trade or profession) (a “Consumer”), the provisions of clauses 4.3 4.4 and

4.5 above will not apply to you.

4.7. Nothing in these terms and conditions will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.

5. Warranties

By entering into this agreement you consent to and warrant the following:

5.1 That you (or your Agent) have obtained the consent of any individual whose personal data is to be held on the Register in accordance with clause 6;

5.2 That the details and information submitted by you to us are true and correct, and that any future additions or alterations to your details and information will be true and correct, and that you will submit them in a timely manner. Unless you are a Consumer, you shall pay us (including the current or past members of Nominet UK’s Council of Management) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim resulting from your breach of this warranty; and

5.3 That by registering or using the Domain Name (in whatever manner) you will not knowingly infringe the intellectual property rights of a third party, that you are entitled to register the Domain Name, and that you have not registered the Domain Name in breach of trust. Our right to rely upon this warranty will continue to be available after completion of the registration process and will not be affected by any surrender, cancellation or transfer of the Domain Name. Unless you are a Consumer, you shall pay us (including the current or past members of Nominet UK’s Council of Management) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that your registration or use of the Domain Name directly or indirectly infringes the intellectual property rights of a third party.

6. Personal Data

6.1. The Register is a public register for the purposes of data protection legislation. The Register will include your name and postal address, telephone and fax number and email address together with any other relevant details. This information (if it refers to individuals) is ‘personal data’ for the purposes of data protection legislation.

Personal data submitted by you will be:

(a) Posted onto the Register;

(b) Posted onto the WHOIS database by us. The WHOIS database is provided on our web site at http://www.nominet.org.uk. Other Agents which provide an online Domain Name registration service may point to our WHOIS database. We will publish your name and address but will not publish your telephone or fax number or email address as part of the WHOIS database; and

(c) Used as part of the Public Register Subscription Service (“PRSS”), under which we provide a compressed form of the Register to subscribers. We provide the PRSS only to trusted third parties, based within the European Economic Area, under strict contractual terms which prohibit the use of PRSS data for the purposes of direct marketing. The PRSS enables subscribers to perform WHOIS queries and reverse look-ups. We will publish your name and address but not your telephone or fax number or email address as part of the PRSS;

(d) We may provide your personal data to governmental or law enforcement agencies at their written request in connection with the conducting of any investigation of criminal activities; and

(e) We will provide your personal data to third parties only if required to do so by a court order.

You may write to us to request a copy of the personal data held by us about you. We may charge a reasonable fee for the provision of such data. As required by the Data Protection Act 1998, we will adopt appropriate security procedures in relation to the storage and disclosure of information provided by you in order to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of your identity before we are able to disclose personal information to you. Other than the uses identified above, we will not disclose your personal information to others.

You should be aware that personal data posted on the WHOIS database may be accessible to countries outside the European Economic Area. By registering a Domain Name you consent to your personal data being transferred out of the European Economic Area and to our use of your personal data for the purposes specified above.

7. Domain Name Dispute Resolution Service

7.1. You will be bound by the Policy and Procedure of our Dispute Resolution Service which are incorporated into these terms and conditions and made a part of the Contract by reference. The current version of the Policy and Procedure can be found at our web site: http://www.nominet.org.uk/drs.html

7.2. If a dispute arises, you agree to be bound by the Policy and Procedure which are current at the time that proceedings under the Dispute Resolution Service are commenced until the dispute is over.

7.3. Neither we nor our directors, officers, employees or servants nor any expert shall be liable to a party for anything done or omitted in connection with any proceedings under the Dispute Resolution Service unless the act or omission is shown to have been in bad faith.

8. Termination/Cancellation, Suspension and Amendment of the Register

8.1. You or your Agent may surrender registration of the Domain Name by notice in writing to us at any time prior to our receiving payment.

8.2. After we have received payment for a Domain Name, only you (and not your Agent) may surrender the Domain Name.

8.3. After payment has been received but prior to the issue of a registration certificate you may surrender the registration by writing to us on headed notepaper which corresponds to the registrant address field of the Register entry for the Domain Name.

8.4. If a registration certificate has been issued, you may surrender the Domain Name by correctly completing the surrender of registration form (on the reverse of the registration certificate).

8.5. If you are a Consumer, then you may cancel the Contract by giving notice to us by any of the means set out in clause 10.4 below at any time up to and including 7 working days following the day on which the Contract is concluded, i.e. the date on which we give notice to you or your Agent that we have accepted your application to register a Domain Name. If you register or use the Domain Name in the course of a business, trade or profession, you will not have this right to cancel the Contract.

8.6. If you cancel the Contract in accordance with clause 8.5 then we will provide you or your Agent (as appropriate) with a full refund of our registration fee within 30 days from the day on which we receive notice of your cancellation. If we refund your Agent, you may have to seek direct from your Agent any further component of the fees which you have paid.

8.7. We may cancel or suspend the registration of a Domain Name by providing you with notice in writing in the event of the following:

8.7.1. if we do not receive your registration or renewal fees in accordance with clause 2.1 above;

8.7.2. if you are in breach of the terms of this Contract (including the Rules) and in the case of a breach which is capable of remedy you fail to remedy this within 30 days of receiving written notice from us to do so;

8.7.3. if we receive independent verification that you have provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date;

8.7.4. if you are in breach of the warranties contained in clauses 5.1 and 5.3 of the Contract; or

8.7.5. if the Domain Name is being administered in a way likely to endanger the operation of the Domain Name System.

8.8. We may transfer, suspend, cancel or amend the Domain Name registration in the following circumstances:

8.8.1. upon receiving written instructions from you to take such action together with any relevant fee;

8.8.2. upon receiving a copy of a perfected order of a court of competent jurisdiction requiring such action, or where the retention of a Domain Name by you would be inconsistent with the terms of a perfected court order received by us or any other legal requirements;

8.8.3. if such changes are necessary in order to correct an error relating to the Domain Name registration; or

8.8.4. following a Decision requiring such action or an agreement reached between the parties and approved by us relating to proceedings under the Dispute Resolution Service.

8.9. If a name server listed for the Domain Name registration does not respond authoritatively to requests for the Domain Name, we may remove the name server from the Register entry for the Domain Name.

9. Change of Agent

9.1. If you wish to change your Agent, you should first approach your current Agent to arrange this. If your approach is unsuccessful, we may at your request record a change of Agent directly onto the Register entry for your Domain Name registration. On receipt of your request, we will approach your Agent (unless exceptional circumstances apply). We will only comply with your request if:

9.2. we are satisfied that you have first approached your Agent, and that the approach has been unsuccessful; and

9.3. we are not informed by your Agent that there is an express term in your contract with your Agent which can prevent us from recording such a change.

10. General

10.1. If any clause of these terms and conditions is held to be unenforceable in whole or in part the other terms and the rest of the provisions shall continue to be valid and enforceable.

10.2. We may transfer our rights and obligations under the Contract to any third party. You may transfer the Contract, only on the transfer of the Domain Name, in accordance with clauses 1.7 and subject to clause 8 above.

10.3. The internet is an emerging and evolving medium and the regulatory and administrative framework under which we operate is constantly developing. For these reasons we reserve the right to make reasonable modifications to the terms and conditions of this Contract (including the Policy, Procedure and Rules) at any time during the term. We will only do so when we have good reason. No change will have the effect of requiring an increase in fees from you in advance of the next renewal of the Domain Name. Except where we are acting in pursuance of a statutory requirement or a court order, changes will be implemented across the board in all of our Domain Name contracts following a process of open public consultation. Each such change will be published in advance (where practicable, 30 days in advance) on our web site: http://www.nominet.org.uk/ and will become binding and effective upon the date specified therein. You should review our web site regularly in order to be aware of all such changes. If you do not agree with any change or proposed change to these terms and conditions you are entitled to terminate the Contract by providing us with thirty (30) days notice in writing, in which case you will receive a pro-rata refund of your registration fee in respect of any unexpired portion of the term.

10.4. If you wish to contact us our postal address is Nominet UK, Sandford Gate, Sandy Lane West, Oxford, OX4 6LB, England and our telephone number is +44(0) 1865 332211. Our offices are open from 9.00a.m. to 5.30pm (UK local time) Monday to Friday, except for public holidays. Except as set out in the Policy and Procedure any notice to be given under the Contract shall only be deemed to be served if delivered by hand or sent by pre-paid post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number. Except as otherwise set out in the Policy and Procedure the notice will be effective: if delivered, on delivery; if sent by fax or email, on the date of sending; and if by post, on the date of posting. For the avoidance of doubt, any notice sent to you will be deemed served if sent to the address appearing in your Registrant’s address field.

10.5. This contract is a binding document. Consumers should read it carefully and ensure that it contains everything you want and nothing you are not prepared to agree to. These terms and conditions, together with the Rules Policy and Procedure, constitute the entire agreement between you and us for the registration of the Domain Name, and supersedes all prior agreements, understandings and representations whether oral or written.

10.6. These terms and conditions shall be governed by the relevant Un

By registering a COM, ORG, NET, INFO, BIZ domain name you are also bound by the following terms and conditions:-

WARNING: by registering a domain name within the COM, ORG, NET, INFO, BIZ Top Level Domain (a "Domain Name"), you enter into a contract of registration with Tucows ("We", "Our" or "Us") on the following terms and conditions. This is a separate contract to any arrangement you may have with any third party for the provision of internet services. To view the terms and conditions of Tucows https://www.opensrs.com/docs/contracts/exhibita.htm

This Contract includes our current Rules For The COM/ORG/NET/INFO/BIZ Domain And Sub-Domains (“Rules”) and the Policy and Procedure for our Domain Name Dispute Resolution Service (“Policy” and “Procedure” as appropriate). Copies of the Policy, Procedure and Rules are at http://www.icann.org/dndr/udrp/policy.htm or can be obtained from us.