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Domain Name Registration
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.
2. The registration and use of your domain name is subject to the
terms and conditions of use applied by the relevant Registry; you
shall ensure that you are aware of those terms and conditions and
that you comply with them.
3. You shall have no right to bring any claim against us in respect
of any refusal to register a domain name by the relevant registration
authority.
4. Any administration charge paid by you to us shall be non-refundable
notwithstanding refusal by the Registry to register your desired
name.
5. 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
Registry but will not be obliged to take part in any such dispute.
6. We shall not release any domain to another provider unless full
payment for that domain has been received by us.
Web Site Hosting And Email
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. You represent, undertake and warrant to us that you will use
the Web Site allocated to you only for lawful purposes and to promptly
inform us if this clause or any subclause of this clause has been
breached or you become aware that they may have been breached. In
particular, you represent, warrant and undertake to us.
3. 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.
4. you will not upload, post, link to or transmit:
4.1. any material which is unlawful, threatening,
abusive, malicious, defamatory, obscene, pornographic, blasphemous,
profane or otherwise objectionable in any way.
4.2. any material containing a virus or other
hostile computer program.
4.3. 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.
4.4 Adult Material - Includes all pornography,
erotic images, or otherwise lewd or obscene content. The designation
of "adult material" is left entirely to the discretion
of KD Internet.
4.5. Illegal Material - This includes copyrighted works,
commercial audio, video, or music files, and any material in violation
of any Federal, State or Local regulation.
4.6 Warez - Includes pirated software, ROMS, emulators,
phreaking, hacking, password cracking. IP spoofing, etc., and encrypting
of any of the above. Also includes any sites which provide "links
to" or "how to" information about such material.
4.7 Any file that you do not own the copyright
to in the first person, including mp3's, games (including mods,
patches, and add-ons), free software, shareware, etc.
5. 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.
6. you will not employ programs which consume excessive system resources,
including but not limited to processor cycles and memory.
7. Chat/IRC, web proxy and mailing list scripts are not allowed
on our network under any circumstances. Streaming media can be a
drain on web server resources and as such is not allowed. CGI based
message forums which use flat file databases are often found to
use excessive system resources, to avoid disappointment please use
a PHP/ASP message forum. The use of web cam applications which maintain
a constant FTP connection uploading an image at regular intervals
is forbidden.
8. any file you store on the Server will be reachable via a hyperlink
from a page on your site.
9. We reserve the right to remove any material which we deem inappropriate
from your Web Site without notice to you.
10. 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 but not limited to loss,
theft or unauthorised disclosure of your password or other security
information.
11. You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure
manner.
12. 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.
13. 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.
Service Availability
1. We shall use our reasonable endeavours 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. KD Internet will not be responsible for any damages your
business may suffer. We makes no warranties of any kind, expressed
or implied for services we provide. We disclaims any warranty or
merchantability or fitness for a particular purpose. The includes
loss of data resulting from delays, nondeliveries, wrong delivery,
and any and all service interruptions caused by KD Internet and
its employees. KD Internet reserves the right to revise its policies
at any time.
Payment
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, errors and omissions excepted and shall be
due and payable in advance of provision of the Services.
2. We reserve the right to change pricing at any time although all
pricing is guaranteed for the period of pre payment.
3. 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 but not obliged forthwith to suspend the provision
of Services to you.
4. All payments must be in UK Pounds Sterling.
5. If your cheque is returned by the bank as unpaid for any reason,
you will be liable for a "returned cheque" charge of £25.
Termination And Refunds
1. We shall be entitled to suspend the Services and/or terminate
this Agreement forthwith without notice to you If you:
1.1. fail to pay any sums due to us as they fall
due.
1.2. break any of these terms and conditions.
1.3. are a company and you go into liquidation
or suffer the appointment of an administrator or administrative
receiver or enter into a voluntary arrangement with your creditors.
2. 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
to a pro rata refund based upon the remaining period of prepayment.
3. Customers may cancel their account at any time. Fees are charged
on a prepay basis and are non-refundable.
4. During the first 7 days of Services, You are entitled to a refund
of the basic hosting plan rental fee should You decide to cancel
the Services. No full refunds or pro rata refunds will be made after
the first 7 days of service should You decide to cancel the Services.
5. Domain name registration fees, charges for additional data transfer
and charges for optional extras added to your account are not refundable
under any circumstances.
6. Where payment has been made by credit or debit card, any refund
will only be issued to the same credit or debit card.
7. On termination of this Agreement or suspension of the Services
we shall be entitled immediately to stop access to your Web Site
and to remove all data located on the Server.
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