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1. Domain Name Registration
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 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.
We shall not release any domain to another provider unless full payment for that
domain has been received by us.
2. Web Site Hosting And Email
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 Web Site allocated
to you only for lawful purposes. In particular, you represent, warrant and undertake
to us that.
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.
you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane or otherwise objectionable in any
way.
(b) any material containing a virus or other hostile computer program.
(c) 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.
you will not send bulk email whether opt-in or otherwise from our network. Nor
will you promote a site hosted on our network using bulk email.
you will not employ programs which consume excessive system resources, including
but not limited to processor cycles and memory.
We reserve the right to remove any material which we deem inappropriate from
your web site without notice. We do not host Warez, Adult or illegal MP3 content.
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 which we may from time to time prescribe and
shall make no use of the Server which 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, you warrant that the Services will not be
used by anyone under the age of 18 years.
Any access to other networks connected to Dass properties, Inc. must comply with
the rules appropriate for those other networks.
While we will use every reasonable endeavor 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.
3. Service Availability
We shall use our reasonable endeavors 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.
The Services provided to you hereunder and your account with us cannot be transferred
or used by anyone other than you. No more than one log-in 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 log-in sessions. If your account is found to have been transferred
to another party, or shows other activity in breach of this subclause, we shall
have the right to cancel the account and terminate the Services and/or this Agreement
immediately.
4. Payment
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. We reserve the right to
change pricing at any time although all pricing is guaranteed for the period of
pre payment.
Payment is due each anniversary month, quarter or year following the date the
Services were established until closure notice is given. If you choose to pay
by credit or debit card you authorise Dass properties, Inc. to debit your account
renewal fees from your card.
All payments must be in US Dollars.
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.
5. Termination
5.1 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.
5.2 If you break any of these terms and conditions we may suspend the Services and/or
terminate this Agreement forthwith without notice to you.
5.3 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.
5.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or terminate this Agreement
at any time. In the event of this You will be entitled pro rata refund based upon
the remaining period of membership.
5.6 You may cancel the Services at any time.
5.7 During the first 30 days of Services, You are entitled to a complete refund
of all fees paid with the exclusion of domain name registration, dedicated server
and data transfer fees should You decide to cancel the Services. You will not
be entitled to a refund on this basis if you have previously had an account with
Dass properties, Inc..
5.8 Where payment has been made by credit or debit card, any refund will only be
issued to the same credit or debit card.
5.9 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.
6. 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.
7. Limitation Of Liability
7.1 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 subclause 7.2.
7.2 Nothing in these terms and conditions shall exclude our liability for death
or personal injury resulting from our negligence.
7.3 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 which are
the subject of any such claim.
7.4 In any event no claim shall be brought unless you have notified us of the claim
within one year of it arising.
7.5 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.
8. 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 in this
Agreement 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.
9. Law
This Agreement shall be governed by and construed in accordance with California
law and you hereby submit to the non-exclusive jurisdiction of the California
courts.
10. Headings
Headings are included in this Agreement for convenience only and shall not affect
the construction or interpretation of this Agreement.
11. 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
which has not been made expressly in this Agreement. |