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Terms and
Conditions
These terms apply to
domain name registration and Internet services provided by
Carpediem Internet Technologies Ltd (under the trading names of Carpediem-it, Php3hosting,
Php4hosting, Namesmadeez, Aretheyfree, Antiquegems) and PFL Worldwide Ltd.
In the following,
'we', 'our', or 'us' means Carpediem Internet Technologies Ltd or PFL Worldwide Ltd, and 'you', 'your' or
'the customer' means you the subscriber to our services. 'Services', or
'account' refers to services provided by us to you.
You are required to
adhere to these terms and conditions or any Acceptable Use Policies (AUP) as and
when these are published by us. If you breach these terms or those of our AUP we
reserve the right to terminate your account with us at our sole discretion
without notice or refund.
Carpediem Internet Technologies Ltd is an Internet Service Provider (ISP). Because we provide a wide
variety of Internet-related services, we require our clients to abide by the
terms of service (TOS) outlined below.
By requesting any
service with us, you will be deemed to have agreed to and accepted the terms and
conditions of use of the service.
We reserve the right
to vary the Conditions of Use and acceptable use policy for the service at our
sole discretion at any time and without prior notice. To be informed of changes
please subscribe to our mailing list.
Payment
Payment for our services
is required in advance. You will be notified when renewal fees become due and
will be expected to pay them within 14 days of notification. Payment may be made
by either: Debit/Credit card, or by Cheque in UK Sterling, Debit/Credit card US
Dollars, Debit/Credit card Euro's. If payment is not received within this period
the services may be suspended or cancelled. We reserve the right to charge
interest at 4% above the base rate set by the Bank of England on overdue
accounts. We reserve the right to charge a re-activiation fee on services suspended due to customer payment failure. We reserve the right to take legal action to recover any
debts.
Failure to make payment for domains registered will result in us "Taking Ownership" of said domains.
Cancellations
Customers can cancel their accounts at anytime by giving 7 days notice via e-mail/phone/letter. Once you receive confirmation of your request your account will be flagged for cancellation.
Customers making payment via standing order/invoice are required to give three months notice to terminate their accounts, failure to do so will result in an administration charge being applied to your account. This does not effect customers making payment via credit/debit card or paypal.
Continued use of supplied services after the pre-paid period will result in that periods fees' becoming due with immediate effect even if a cancellation request has already been confirmed.
Activation
Your account will be activated within 48 hours of placing your order. It takes this amount of time for domain registrations and transfers to go through. 90% of new orders are processed within 4 hours. Once your account is activated we will e-mail with full instructions on how to use your account.
Webspace
Each hosting account has
an agreed webspace limit. This limit is the total amount of files stored in your
home directory stored on our servers. You may use up to a maximum of the amount
of space for your type of account. If you exceed this limit, you will be first
warned via e-mail to either remove the files or you will be charged additional
fees. If the additional fees are not paid or the excess files are not removed we
reserve the right to remove the files at our discretion to bring you below your
agreed limit. Extra webspace costs can be found on the pricing page on the main
website.
Website
Design
We
take no responsibility for any information contained within any website that we
design. If any information is displayed incorrectly it is your responsibility to
inform us of any corrections that need to be made. We accept no responsibility
for loss of income or any actions taken against you for any information that is
displayed on your website.
Bandwidth
Each hosting account has
an agreed bandwidth limit. Bandwidth is the amount of data transmitted to/from
your account (E-mail, Shell, Website). Although we will allow a customer to go
over their bandwidth limit with in reason, we reserve the right to charge for
excessive usage. Failure to pay for excessive bandwidth will result in
suspension of the account. All bandwidth is measured between the first and last
day of a given month and accounts suspended due to high bandwidth usage will be
reinstated on the first day of the following month.
Excessive e-mail
will also be included in the bandwidth clause. You will be liable for excess
bandwidth charges if you send excessive e-mail from your account. You will be
given a written notice via e-mail prior to any charges being
incurred.
Dedicated servers and colo machines will be billed based on the 95th Percentile.
The e-mail
facilities we provide are intended to allow you to provide a professional
presence for you or your customers’ domains, they are not to be used to provide
a general-purpose e-mail service like hotmail.
SPAM/E-mail
SPAM is unsolicited
e-mail which is sent to individuals, usually thousands at a time. It is also the
practice of posting inappropriate material to one or more Usenet newsgroups.
These activities are harmful not only to the individuals receiving the messages
but also to Carpe Diem-IT. It can overload our equipment and disrupt service to
our clients. Because of this, SPAM is strictly prohibited. You may neither use
SPAM to publicize a site that we host, nor may you use our servers to send
SPAM.
Users of our service
should follow Netiquette at all times. We provide e-mail services as part of the
package of services. You must not send via e-mail any item which it is illegal
to send or possess and you must not send Copyright material or Intellectual
Property via e-mail 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 Carpe Diem IT, 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.
You must not use our
servers to send Unsolicited Commercial E-mail (UCE) or Unsolicited Bulk E-mail
(UBE)
You must agree to
accept all e-mail addressed for the webmaster,abuse and postmaster for your
account.
Domain Name
Registration
We will attempt to register
your domain names immediately, but it is possible for names to appear to be
available when placing an order but in reality to have been registered by
someone else (there is a lag in the whois database being updated after
registration occurs). If you register a name that subsequently turns out to have
not been available or we fail to register it we will of course issue a full refund. We will NOT issue a refund if the domains have been registered by yourself the customer somewhere else after placing an order with us. We cannot be held
responsible for any other costs incurred in connection with this, you should
check thoroughly that you have the domains (via whois) before publicising the
name in any way.
When registering a
domain name, you must have the right to use the name and by registering it you
are confirming that you do have that right.
The current offer for uk domains excludes existing customers due to us offering these domains are below cost.
You may register a
domain name on behalf of someone else, providing you have their permission prior
to registration. Any dispute arising from the registration of a domain name will
settled according to the dispute resolution policy of the relevant naming
authority (here for .com/.net/.org and here for .uk), in addition, you agree to indemnify us
for costs resulting from any such dispute.
You must also agree to the terms listed HERE
When registering co.uk,me.uk,org.uk you must agree to the following terms and conditions as supplied by Nominet Nominet Terms and Conditions
Names registered
under the .uk.com, .uk.net, .gb.com and .gb.net second level domains are not
actually owned by the customer, for those domains you are merely asking us to
point the name at an internet address and we are charging for doing so. You must
also agree with Nominations terms and
conditions when registering these name types. If the domain name
changes ownership the new owner must re-register the name and pay the full
registration fee.
For ltd.uk and
plc.uk domain names, the following stipulations apply:
- Certain words must be
removed from the registered company name before the domain name is generated,
these are known as the "reserved" words. They are "limited", "public limited
company" and the Welsh Language versions along with the abbreviations of these
words, e.g. ltd, plc, ccc. There are believed to be other "reserved" words
such as "International".
- Nominet may require a copy
of the certificate of incorporation of the applicant and a letter on company
letterhead, signed by a director or the company secretary of the applicant.
You will need to supply copies of the above and a company registration number
when ordering the domain.
Currently .com/.net/.org domains are registered with ICANN
approved Alabanza. If you decide to transfer the billing of a domain to another
ISP you must check first that they will accept names registered with Alabanza,
if not they may demand the name be moved to NSI (Network Solutions) for which a
$70 transfer fee is required. You will be liable for this fee. This does not
apply to simply changing the name server addresses for a domain.
As a domain owner you are responsible from the moment of registration to ensure that all contact information is current and accurate. Failure to keep this information up to date may result in the suspension of your domain name and loss of service.
You the customer are responsible to ensure your domain name is renewed prior to the time of expiry, expiry warnings are provided but due to the nature of e-mail we will not take responsibility for any lack of warning. Customer service can provide you with an expiry date for your domain upon request.
.net.uk domain names are
reserved for ISPs only. Please read Nominet's rules for .net.uk
domains first before ordering.
Once an order has been
received, either by telephone, fax, e-mail or via our online ordering system,
all fees become due.
We will not host or advertise
domain names which in themselves could be deemed offensive to
others.
You must
not promote services we supply, or your own sites hosted on or forwarded to by
our servers, using methods such as bulk e-mailing or excessive news group
postings.
Support
Support is only available for uploading, downloading,
viewing pages and for services we provide. No support will be given for
authoring or page design.
Passwords
It is your responsibility to keep you username and password
secure. If you feel that somebody has gained access to this information please
inform us immediately.
Copyright
Violations
Do not include any material on your web site which may
contain copyright violations. If your site contains copyrighted materials, you
must have the permission of the copyright holder.
Obscene,Indecent or Illegal
Materials
We do not allow adult-oriented web sites to be hosted on
our servers, nor do we condone the publication of any materials which may be in
violation of local ordinances or international laws. This includes but is not
limited to pirated software commonly known as 'Warez', Pornography or other
obscene material, Firearms and other weapons, Racist or other menacing material,
Material which breaches a third parties intellectual property rights including
copyright or other trade secrets,SPAM e-mail, including bulk e-mail software and
lists of e-mail addresses, except where all of the addressees have given their
permission, Other illegal activities and activities deemed to be in breach of
the Data Protection Act. Transmission of obscene,indecent or illegal materials
may lead to criminal penalties.
Pornography
The
hosting of adult orientated material is only permitted when using the specific
adult hosting account, any other sites will be shutdown without warning.
The
following additional conditions apply, breach of these will result in your
account being shut down without any warning or refunds
- No illegal images or content
- Pictures of Children or persons under the age of 18,
any sites found to be displaying such pictures will be shut down immediately
and the relevant authorities contacted.
- No Pictures of Animals involved in any sexual acts
- No pictures of forced sexual acts
Accounts will only be activated after a faxed order is received verification
of the credit card holders details and signature.
Defamation
If your site contains any material which defames an
individual, organization, race, colour, creed, ethnic group, country, etc., you
may be in violation of international laws. We do not condone these activities
and prohibit our clients from publishing such materials on the sites which we
host.
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 you
account. This includes, but is not limited to, bulk e-mailing and excessive news
posting. Such action may be treated as a violation of the Terms and
Conditions.
Network
Tampering
Any client found tampering with
our network or found using our network to tamper with another network faces
potential civil and criminal penalties. Any attempts to crash our servers or
otherwise disrupt service will lead to immediately termination of service and
possible criminal charges. Illegal or unauthorized access (often known as
"cracking" or "hacking") is strictly prohibited. You will also be liable for any
costs incurred. Any unauthorised use of our equipment is a criminal offence
under current UK law.
Shell Accounts
Eggdrop is a popular 'bot' used on Internet relay chat networks, primarily used to maintain control for the patrons of various IRC channels.
A IRC bouncer allows you to maintain a specific hostname when you connect to an IRC network, this redirects your connection via our servers.
Liability
We accept no responsibility for loss of data, information
in any form or other matters whatsoever which result from the use of this
service.
We 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
reserve the right to 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 our 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 us against the effects of any misuse or any
claims resulting from that misuse.
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 offline for
more than a total of 72 hours in any 30 day period, or if the service is
unavailable for more than seventy two consecutive hours. Compensation will be limited
to a maximum of the monthly fee for that period.
Backups
You are responsible for any material stored on our servers.
We shall not be held responsible for any loss, however caused, of this
material.
While we may provide backup
services (Free as well as paid services) we cannot guarantee the integrity of
the backuped data.
Restore fees are only charged
on a suscessful restore, failure to provide restores from our paid backup
service will result compensation limited to a maximum of the monthly fee for
that period
Contact
Information
You are
required to keep the contact details you provided to us up to date. We may use
these addresses to contact you by post or e-mail from time to time, but these
addresses will not be passed to any other companies, unless required in order to
register a domain name.
Refunds
Any
refunds due from us to you with regards to failure of service or inability to
register a domain name will be via a UK Sterling Check. No refunds will be paid
via our credit card company.Refunds on duplicate payments (Where the customer clicks refresh on the final payment screen) will be refunded minus 10% to cover our credit card processing costs.
Other
Activities
Any activities, whether lawful or
unlawful, which are harmful to our operations, reputation, or other clients,
especially activities which may restrict or inhibit others from using and
enjoying the services which we provide, are strictly prohibited.
We do
not monitor the communications of our clients to ensure that they comply with
our TOS or applicable law. However, if we become aware of harmful
communications, we may take any of a variety of actions, including termination
of a client's account with us and notification of local law enforcement. We also
reserve the right to claim for any costs incurred.
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.
We wish
to emphasize that all our clients are required to comply with the above terms of
service. In so doing, clients indemnify us for any violation by the client of
these terms of service or of law that results in loss to our network or the
bringing of any claim against us. This means that if we are sued because of
activities of the client that violate any law or this policy, the client will
pay any damages awarded against us, plus costs and reasonable legal
fees.
If any
part of these terms and conditions or any associated Acceptable Use Policies
shall be held invalid or unenforceable, this shall not affect the enforceability
of any other part of these terms and conditions and Acceptable Use
Policies
These terms and conditions
shall be governed by and construed in accordance with the laws of England and
the customer agrees to submit to the exclusive jurisdiction of the English
courts.
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