Terms & Conditions
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, images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Visualweb Ltd.
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. Visualweb Ltd 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 Visualweb Ltd and its employees. Visualweb Ltd 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.