Where
the context admits: "We" includes Abode Hosting
or any party acting on Abode Hosting's implicit
instructions. "You" includes the person
purchasing the services or any party acting on the
customer's instructions. "The Registrant"
includes the person applying for a domain name or any
party acting on the Registrant's instructions. "The
Registry" the relevant domain names Registry.
"Server" means the computer server equipment
operated by us in connection with the provision of the
Services. "Web Site" means the area on the
Server allocated by us to you for use by you as a site on
the Internet. In consideration of the mutual covenants
herein, the parties agree to the following, which shall
apply during the term of this agreement:
1.
Domain Name Registration
1.1 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
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.
1.2 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.
1.3 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.
1.4 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
2.1. 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.
2.2 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.
2.2.1 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.
2.2.1 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.
(d)
any material which is forbidden by our acceptable use
policy which is published below.
2.2.3 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.
2.2.4 you will not employ programs which consume excessive
system resources, including but not limited to processor
cycles and memory.
2.2.5
any file you store on the Server will be reachable via a
hyperlink from a page on your site.
2.3 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.
2.4 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.
2.5 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.
2.6 You shall procure that all mail is sent in accordance
with applicable legislation (including data protection
legislation) and in a secure manner.
2.7 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.
2.8 Any access to other networks connected to Abode
must comply with the rules appropriate for those other
networks.
2.9 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.
2.10
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.
3.
Service Availability
3.1 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.
3.2 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.
3.3 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
4.1 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.
4.2 Payment is due each
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 Abode to debit your
account renewal fees from your card.
4.3 All payments must be in UK Pounds Sterling.
4.4 If your cheque is returned by the bank as unpaid for
any reason, you will be liable for a "returned cheque"
charge of £25.
4.5 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 Abode.
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
6.1 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
8.1 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
9.1 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.
10.
Headings
10.1 Headings are included in this Agreement for
convenience only and shall not affect the construction or
interpretation of this Agreement.
11.
Entire Agreement
11.1 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.
