General terms and conditions
These General Terms & Conditions, together with any applicable Service Specific Terms, Data Processing Agreement (‘DPA’), Special Offer Terms, and the Acceptable Use Policy, set out the terms by which Site Sphere Ltd. will provide services to our customers. You accept these General Terms and Conditions and the DPA by creating a Site Sphere Ltd account and using the services.
By creating a Site Sphere Ltd account and using the services, you are deemed to have accepted these General Terms and Conditions.
The terms “We,” “Our,” or “Us” shall refer to Site Sphere Ltd and any associated group companies, and “You,” “Your,” or “Customer” shall be deemed as the person/company representative accepting these General Terms and Conditions. These terms constitute a binding and enforceable legal contract between Site Sphere Ltd and any associated group companies and you.
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Changes and updates
- We reserve the right to, with or without notice, change or update these General Terms and Conditions, the Service-Specific Terms & Conditions, including any technical specification relating to the services, the Acceptable Use Policy, the Privacy Policy, and any information relating to the services, occasionally, to comply with law or to meet our changing business requirements. We reserve the right to change or update these Terms and Conditions at any time.
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Age, condition, and authority
- You represent and warrant that by signing up for our services, you are at least eighteen (18) years of age and legally capable of entering into a contract. You must meet certain conditions to have a Site Sphere Ltd account.
- Alternatively, if you are purchasing services on behalf of a company/third party, you represent and warrant that you have the authority to do so, which in turn is bound by these Terms and Conditions.
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Duration and Renewal of services
- Unless otherwise specified, services are provided for a minimum contract term of 12 months and, unless cancelled in accordance with Clause 6, will automatically be renewed for further periods. This section provides details about your contract term, our automatic renewal policy, and your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.
- Automatic renewals are to ensure that you do not experience interruption or loss of services. Unless you turn off the automatic renewal, your services will automatically be renewed for further periods. (Please note that domains may be subject to different terms in respect of renewals).
- When entering into a contract as a consumer (not in the course of conducting business), the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulation 2013 allows you to cancel the contract at any time within fourteen working days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the services, you agree to us commencing supply of those services before the fourteen-working-day cooling-off period has expired. As a result, you will not have the right to cancel the contract under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulation 2013.
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Payment and Change of Services
- All services must be paid for in advance, unless otherwise stated differently. This section provides details on how payments are processed for the services provided by Site Sphere Ltd.
- All payments must be made in British pounds sterling, inclusive of applicable taxes.
- If you have purchased a “pay as you go” service, then payment will be required monthly in advance. If you have purchased services on a fixed-term basis, then you will be required to pay according to the payment agreement you selected, either in advance or by way of monthly installments throughout the year.
- Site Sphere Ltd will automatically generate an invoice in respect of the next period at the end of the current period unless you have cancelled your services in accordance with Clause 6.
- Payment will be taken via the chosen payment methods specified within the control panel and will be non-refundable. In cases of failed payment, the invoice will be considered overdue and immediately payable.
- All invoices will be made available to you via the ‘Invoices and Renewals’ section of your control panel. You can also opt to have the invoices sent to an email of your choice via your control panel.
- You are required to have a valid credit/debit card and PayPal account registered to your account at all times. Failure to do so will result in restricted access to your account. If you cancel your credit/debit card and PayPal account for any reason, you must update your account and provide details of a current valid payment card and PayPal account. You need to keep your payment details up-to-date at all times.
- Site Sphere Ltd reserves the right to change the prices and nature of our services by giving you 30 days written notice of those changes. Notice of changes to prices and services will be given by email to the email address we hold for your account. Only when the service reaches the end of its current term does any price change become effective. You will be charged the new price when the service is automatically renewed at the end of the current term. We reserve the right to introduce changes to your services.
- Payments processed by PayPal are subject to PayPal’s terms and conditions of service, and Site Sphere Ltd makes no representations or warranties with respect to those services.
- We reserve the right to interrupt, cancel, or suspend all services until payment is received in full and all outstanding charges are cleared. Any non-payment of a recurring invoice may be subject to an administration charge. You are responsible for all money owed to us under these terms until your contract is terminated. You are also responsible for any additional costs incurred by us in taking steps to recover any sums due by you.
- We reserve the right to pass your debt onto a third-party debt recovery agent, and you accept all liability for the recovery of our costs from you.
- If you withdraw any payments made via a bank, credit card, or PayPal (a “chargeback”), we reserve the right to interrupt, suspend, or cancel your services and/or charge a fee. Such action is without prejudice to our right to recover any and all outstanding sums from you and your obligation to pay the same to us.
- If you withdraw any payments made via a bank, credit card, or PayPal (a “chargeback”) for a domain registration or domain renewal, then Site Sphere Ltd. will become the registrant (owner) of the domain.
- Any unused credit notes on your account will be taken in payment of your service. Where the value of the unused credit note is less than the total payment due, the remainder of the balance will be taken from the current payment method on your account.
- You agree that Site Sphere Ltd will store your card details so that regular payments to Site Sphere Ltd can be made. We refer to this as a Continuous Payment Authority (CPA).
- Site Sphere Ltd will provide you with invoices detailing the payment amount and which payment method will be or has been used.
- Site Sphere Ltd reserves the right to make changes to any payments where Site Sphere Ltd, in their reasonable opinion, believes they are necessary and in accordance with this Agreement.
- In accordance with the CPA, Site Sphere Ltd. will provide you with a confirmation order by email.
- The CPA details can be amended at any time by contacting Customer Support:
- You agree that the CPA is effective and will remain so until you change or cancel your payment method with Site Sphere Ltd. No fees are charged for a change in payment method.
- You agree that if you cancel your CPA, your services may be cancelled. You agree to continue to pay for the services in accordance with this Agreement.
- Site Sphere Ltd reserves the right to cancel your CPA if Site Sphere Ltd is no longer able to take payment from the stipulated payment method.
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Refunds
- All fees for services are nonrefundable.
- In the event that Site Sphere Ltd chooses to cancel Your service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term.
- If you breach these terms, you will not be entitled to a refund in the event of a cancellation.
- Domain credits are non-refundable, as they enable the purchase of domain names at discounted prices based on an up-front commitment.
- Credit notes can only be used for payment (or partial payment) of your service and are non-refundable.
- Unused reseller funds on account will only be recoverable when the account is closed.
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Cancellation
- Fasthosts will provide the services for the period stated on the order confirmation, which shall then automatically renew for further periods, subject to termination by:
- You are providing notice to Site Sphere Ltd. at least 30 days prior to the next renewal date.
- You may cancel your services with Site Sphere Ltd at any time by providing 30 days notice, provided those services are not subject to a minimum contract term.
- Once Site Sphere Ltd accepts your cancellation request, you will be provided with written confirmation of such request. For clarity, your cancellation request will not be deemed to have been received and accepted until we have issued our written confirmation to you.
- We reserve the right to cancel and/or withdraw your service at any time for any reason by providing you 30 days’ written notice.
- Without prejudice to its other rights and remedies, Site Sphere Ltd may, in its sole discretion, either permanently or temporarily suspend and/or terminate the services and will have no liability to provide the services if an event occurs and Site Sphere Ltd deems it to be appropriate to terminate the Agreement.
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Our obligations
- We agree to provide the services to you in accordance with these terms.
- We will use reasonable endeavours to supply the services to You as soon as it is reasonably practicable, and in the event that We become aware of any reason for delay, We shall notify You.
- We will not be liable to you if we, using our best endeavours, fail to supply the services within a specific timescale.
- We reserve the right to improve, modify, or change the services provided to you, and we will use reasonable endeavours to notify you as soon as it is reasonably practicable to do so.
- We will provide the services to you using reasonable skill and care, but at all times this will be subject to any downtime caused by scheduled or emergency maintenance or repair. We will use our reasonable endeavours to ensure that any disruption to the services is minimal and any scheduled work takes place during off-peak hours when possible. We will not be liable to you or any third party for losses whatsoever caused by any such downtime, whether emergency or scheduled.
- To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided by Site Sphere Ltd to You on an “as is” and “as available” basis, and no warranty or representation (express or implied) of any kind is given in connection with this Agreement, including as to satisfactory quality and fitness for a particular purpose. Site Sphere Ltd gives no warranty or representation that:
- the Services will meet Your requirements;
- the Services will be provided on an uninterrupted, timely, secure or error-free basis; or
- Any results obtained from use of the Services will be accurate, complete, or current.
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Your obligations
- You agree to use the services in line with our Acceptable Use Policy. Site Sphere Ltd reserves the right to remove content from the services or suspend the services immediately where it reasonably suspects such content breaches the Acceptable Use Policy. You agree to our Acceptable Use Policy at all times.
- You shall indemnify Site Sphere Ltd against all damages, losses, and expenses arising as a result of any action or claim that the data, content, and/or any other material breaches the Acceptable Use Policy.
- In the event that Site Sphere Ltd removes data or content from the services and/or suspends your site pursuant to clause 8.1 and later reinstates such content and/or resumes the services, you shall indemnify Site Sphere Ltd against all damages, losses, and expenses arising as a result of any action or claim that such content and/or data and/or the services breach the Acceptable Use Policy.
- You agree that you are solely responsible for the use of your Site Sphere Ltd account and your use of the services, including any content that you submit. You are responsible for all the activity that takes place on your account.
- All services are intended for use by you only. Should you choose to resell, store, or give away web hosting services to other parties, you agree that such activity will be undertaken at your own risk. You also accept responsibility for ensuring that all end users abide by all of our terms.
- Site Sphere Ltd accepts no liability to you or any third parties for losses arising from the reselling of services as detailed in Clause 8.5.
- Site Sphere Ltd reserves the right to suspend access to the automated management facilities of the reseller account, including the API (Application Programming Interface), if a customer’s use is deemed to be affecting the platform for which Site Sphere Ltd delivers the services.
- If you exceed the limits on Site Sphere Ltd.’ database products (MS SQL and MySQL), then we will automatically charge you for the additional space you use at Site Sphere Ltd.’ current prices.
- You agree that it is your responsibility to keep your password(s) confidential and to change the password on a regular basis. Site Sphere Ltd is not responsible for any data losses or security issues due to stolen passwords or any passwords that you have intentionally or accidentally disclosed to any third party. You are responsible for keeping your account passwords secure.
- You accept full responsibility for any purchases or modifications made within your control panel by you or by third parties using your account password.
- You warrant that the contact information that you provide to us is correct and that you accept responsibility for keeping this information up to date at all times. You agree that we may suspend access to your account and the services if we reasonably believe that the information you have supplied is inaccurate.
- You agree that you will provide to Site Sphere Ltd., if necessary, verification identification documents (including but not limited to a driving license and passport) for verification purposes only. Please be advised that in line with our retention policy, copies of these will be removed from our internal systems when no longer necessary.
- You agree that you will immediately notify Site Sphere Ltd on becoming aware of any unauthorised use of all or any of the services and/or your control panel.
- Site Sphere Ltd reserves the right to terminate immediately, in its sole discretion, the services if we deem that a customer is being abusive to our staff. You will be responsible for any and all claims, losses, liabilities, damages, costs, and expenses incurred or suffered by Site Sphere Ltd (together ‘Claims’) arising therefrom and shall indemnify and hold Site Sphere Ltd harmless on demand for such Claims.
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Data
- All data created or stored by you within our applications and servers are your property. We make no claim of ownership of any web server content, email content, or any other type of data contained within your server space or within applications on servers owned by us.
- You are responsible for ensuring that you maintain adequate and up-to-date copies of all of your data that you upload onto our servers or build through our tools. This should include, but not be limited to, all written content, images, photographs, and screenshots of your data. You are responsible for making backups of your data.
- In the event of loss of or damage to your data arising out of your actions or actions undertaken on your behalf, we will not provide you with access to any data stored by us for archiving or backup procedures except at our sole discretion.
- In the event of loss of or damage to Your data, howsoever caused, We, in no circumstances, will be liable to recover Your data. We will not provide you with access to any data stored by us for the purposes of our platform stability and business continuity.
- In the event of loss of or damage to Your data relating to a failure in our systems or servers, We will make reasonable commercial efforts to assist You with restoring it. Notwithstanding this, however, you accept full responsibility for maintaining adequate backup copies of all your data.
- You shall indemnify Us and hold Us harmless against all damages, losses, and expenses arising out of a third-party claim of intellectual property infringement in respect of Your content, data, or domains.
- You acknowledge and agree that you are responsible for and will comply with all requirements regarding the collection, use, processing, storage, protection, disclosure, transfer, and destruction of personal data that you have submitted as part of your use of the services. Where you submit any personal data relating to a third party as part of the Services, you must have the permission and a lawful basis to share that information with us in connection with the Services. To the extent that we access or hold personal data that is submitted by you for use with the Services, the terms of our Data Processing Agreement, which are hereby incorporated by reference, shall apply, and the parties agree to comply with such terms.
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Liability
- Fasthosts shall not be liable for any loss or damage of whatsoever nature suffered by you arising out of or in connection with any breach of these terms by you or any act, misrepresentation, error, or omission made by you or on your behalf. Site Sphere Ltd will not be liable for any damages, subject to specific laws.
- Site Sphere Ltd will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data, or goodwill howsoever arising suffered by you or for any wasted management time or failure to make anticipated savings or liability you incur to any third party arising in any way in connection with these terms or otherwise, whether or not such loss has been discussed by the parties pre-contract, or for any account for profit, costs, or expenses arising from such damage or loss.
- No matter how many claims are made and whatever the basis of such claims, Site Sphere Ltd.’ maximum aggregate liability to You under or in connection with these terms in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in these terms), whether such claim arises in contract or in tort, shall not exceed a sum equal to the fees paid by You for the services in relation to which Your claim arises during the 12-month period prior to such claim.
- None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Site Sphere Ltd, its employees, or its subcontractors.
- Site Sphere Ltd shall not be liable for any interruptions to the services or outages arising directly or indirectly from:-
- interruptions to the flow of data to or from the internet;
- changes, updates or repairs to the network or software which it uses as a platform to provide the services;
- the effects of the failure or interruption of services provided by third parties;
- factors outside of Site Sphere Ltd’ reasonable control;
- Your actions or omissions (including, without limitation, breach of Your obligations set out in these terms) or those of any third parties;
- problems with Your equipment and/or third-party equipment;
- Interruptions to the services requested by you.
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Confidentiality
- Each party agrees that it will keep confidential and will not (whether directly or indirectly) disclose, use, copy, or modify any confidential information belonging to the other without the prior written consent of the other except to such individuals and to such extent as may be strictly necessary for the performance of the Agreement. In this clause, ‘confidential information’ means all information of a confidential nature that a party has or acquires (whether directly or indirectly), including the other party’s know-how, trade secrets, plans, developments, financial, commercial, technical, tactical, strategic, marketing, operations, customer or product information, personnel information, any information agreed to be or marked as confidential, any other information a party knows, or could be reasonably expected to know, is confidential, and any other such information related to or concerning a party’s business.
- The provisions of clause 11.1 do not apply to Confidential Information which is or becomes public knowledge (otherwise than by breach of this clause) or was in the possession of the party concerned without restriction as to its disclosure before receiving it from the disclosing party; or is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; and nothing in this clause 11 prevents either party from disclosing any Information for a proper purpose to a public authority or any regulatory body, or to a court of law in the United Kingdom or elsewhere in legal proceedings, or to its senior management, its auditors, bankers, lawyers or other professional advisers.
- This clause 11 shall survive the termination or expiry of our General Terms and Conditions for a period of five years.
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Force Majeure
- Fasthosts shall not be responsible for any event or sequence of events beyond Site Sphere Ltd reasonable control which prevents it from, or delays it in providing any services or performing any obligation under these terms including, but not limited to any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of Site Sphere Ltd (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm, epidemic, pandemic, energy outages or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.
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Non-waiver
- The failure of Site Sphere Ltd to require your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Site Sphere Ltd of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
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Survival
- The provisions, terms, conditions, representations, warranties, covenants, and obligations contained in or imposed by these terms, which by their performance after the termination of your contract, shall be and remain enforceable notwithstanding the termination of these terms for any reason. However, neither party shall be liable to the other for damages of any sort resulting solely from terminating your contract in accordance with its terms, but each party shall be liable for any damage from any breach by it of these terms.
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Notice
- You agree that any notice or communications required or permitted to be delivered under these terms by Site Sphere Ltd to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.
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Governing Law
- Except as otherwise set forth in the Domain Dispute Policy, your rights and obligations under these terms shall be governed by English law, and you submit to the exclusive jurisdiction of the English courts.
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Assignment
- You shall not assign, sublicense, or transfer your rights or obligations under these terms to any third party without the prior written consent of Site Sphere Ltd. However, in the event that Site Sphere Ltd consents to such an assignment, sublicense, or transfer, then these terms shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
We may assign our obligations to a third party without your consent or notice to you.
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Entire Agreement
- These terms constitute the entire agreement between the parties, and the agreements are representations or warranties, express or implied, statutory or otherwise, and no agreements are collateral hereto other than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals, or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
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Relationship of the parties
- Nothing in these terms shall be construed as creating an agency relationship, partnership, or joint venture between the parties.
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Severability
- In the event that any provision of these terms shall be unenforceable or invalid under any applicable law or be so held by an applicable court decision, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole. Site Sphere Ltd will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Site Sphere Ltd as reflected in the original provision.
By purchasing a server from Site Sphere Ltd (we, us, our), you (customer, you, your) agree to these terms and conditions. These terms and conditions are supplementary to the Site Sphere Ltd.’ General Terms and Conditions.
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Your Obligations
- You represent and warrant that you have or have access to the knowledge and expertise necessary to configure, maintain, monitor, and secure your server.
- You are responsible for any authorised users on the server.
- You are solely responsible for securing your server against any unauthorised use.
- You are obliged to back up your data in accordance with our General Terms and Conditions.
- If you have reason to believe that a third party is using your platform or web space without authorisation, you are obliged to inform us immediately.
- You agree to not offer or disseminate copyrighted content without authorisation.
- Importing and installing operating systems, images, and other external content is done at your own risk. We assume no liability for third-party content and applications and damage resulting from the installation and use of third-party materials.
- You agree to follow the technical instructions provided by us.
- You agree to cooperate and follow Site Sphere Ltd.’ instructions regarding software upgrades for the purposes of maintaining the security and stability of the services provided. We accept no liability for the consequences resulting from failure to do so.
- You agree to fulfil all the license requirements, including those from third parties.
- If You use any software that has not been purchased through Us on Your system, You warrant that You are duly licensed to use the software, that the license grants sufficient rights to Us to provide the services in accordance with these terms and conditions, and that You are a party to an appropriate written license agreement with the software provider.
- You must remain in possession of the required original software license(s). We may request proof of license(s) at any time.
- If you fail to provide us with confirmation of a license(s), we reserve the right to suspend and/or terminate your contract with us and continue to charge for any outstanding fees and any related penalty fees, which we are liable for under the licensing agreement with software providers.
- You shall indemnify Us for any costs, claims, losses, damages, liabilities, demands, and/or expenses, including legal costs, incurred and/or suffered as a result of any failure by You to be appropriately licensed in respect of software that was not purchased through Us.
- We are subject to rights of audit where it acts as a reseller for third-party software. You acknowledge and agree that we may regularly run a series of scripts on your server(s) to determine what software is held on the server and how many users have access to each piece of software and assess any additional fees that may be payable and shall provide reasonable and prompt assistance in relation to any information or audits requested by such third-party software suppliers.
- You agree to provide us with access to your server upon request in order that we can comply with our obligations to third-party suppliers.
- With regard to any third-party licenses for software programs that we use for its cloud platform, you acknowledge that the trademarks and other intellectual property rights belong to the third parties.
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Our Obligations
- We agree to maintain the server hardware.
- We reserve the right to migrate your server, the server software, or parts for technical or security reasons (e.g., end of life of the software, end of support).
- We reserve the right to offer a different version of the application that we consider most appropriate and to modify the available applications at any time in line with new versions or in cases where weaknesses are detected.
- We reserve the right to disconnect the server from the network and/or terminate your contract with us without prior notice if you have breached your obligations.
- Occasionally, we need to remotely access your server to respond to an incident.
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Cloud, Virtual and Dedicated Server Service Level Agreement
- At Site Sphere Ltd we aim to deliver the highest possible levels of uptime and agree that the hardware on which your cloud server or virtual machine is based, or server hardware, and service-critical infrastructure, including power and network connectivity, will be available for 99.99% of the time (excluding scheduled maintenance, advance notice of which will be given wherever possible).
- In the event of an outage to one of these service components that results in server downtime, customers may be entitled to claim a service credit of one day’s service fee for every hour that the server is unavailable, depending upon the outage circumstances. We will measure the outage period from the moment you report the problem until we confirm the restoration of service.
- Any calendar month allows for SLA claims up to a maximum of one month’s service fee.
- Outages caused by third-party software installations or other modifications to the default server operating system as deployed do not fall within the terms of this Service Level Agreement.
- Site Sphere Ltd. offers a service uptime guarantee of 99.99% of available access per month on our web hosting products (excluding scheduled maintenance, advance notice of which will be given wherever possible).
- Site Sphere Ltd. is not responsible for outages outside of our control that may block or hinder access to your site, including the following: (1) Network conditions across the internet (outside of our network), such as between your ISP and our data centre; (2) DDoS or other attacks on our servers; (3) problems with your ISP’s network, browser, or DNS caching issues; (4) interruptions caused by you from custom coding, scripting, or the installation of 3rd party applications; (5) causes and events beyond our control that are not reasonably foreseeable; (6) outages caused by you as a result of illegal activity or activity for which the system was not designed.
- Should your site become unavailable in a particular month (as determined and confirmed by Site Sphere Ltd), we will provide a service credit of 5% of the paid fee for the month for every hour that your website is unavailable, up to a maximum of the full amount paid per month for the service (excluding any additional paid services). The period of the outage will be measured from the time you report the problem to our confirmation of service restoration.
- Outages caused by third-party software installations or other modifications to the default server operating system as deployed do not fall within the terms of this Service Level Agreement.
Performance hosting terms and conditions
- PERFORMANCE HOSTING is a premium version of shared hosting for customers who need greater capacity, less contention, or more flexibility whilst Site Sphere Ltd continues to manage the shared hosting.
- These Performance Hosting Terms and Conditions are supplemental to (and do not replace or supersede) any other terms and conditions that apply to the products and services that you buy from us. Together all of the terms and conditions that apply to you form the “Agreement.” We reserve the right to vary these terms and conditions at our absolute discretion and without notice.
- We reserve the right to modify this service at any time.
- You must accept and comply with the terms of the licenses for any and all third-party applications installed on your servers.
- You accept full and sole liability for any and all third-party applications that you choose to use in conjunction with this service.
- Performance Hosting does not entitle you to any other products and services. Additional terms and conditions will apply to other products and services that you wish to take.
- Performance Hosting is only available if you use the following products:
- Ignite;
- Momentum;
- Ultimate;
- WordPress
- Start;
- Grow;
- Scale; or
- Pro
(collectively the “Products”)
- Whichever of the products you have will affect and potentially limit the number of sites that can be hosted using performance hosting. You should assess whether Performance Hosting is suitable for you prior to purchase.
- Performance Hosting for Start, Grow, Scale, Pro, Ignite, Momentum, and Ultimate products can only be used in conjunction with websites hosted on Linux.
- Charges for performance hosting are bespoke to you. You will be told what the charges are at the time you make an inquiry, and if you order Performance Hosting, the charges will be added to your current invoice and are payable in accordance with the Agreement.
- Performance hosting will mean that there will need to be an additional monthly reboot of the shared hosting system, and there may be additional planned maintenance. This will take place outside of normal planned maintenance times. Rebooting and additional maintenance due to performance hosting will not count as a breach of any service levels that are offered to you under the Agreement.
- You will not be given root access to install packages of your own choice not already supported by our platform; neither will Site Sphere Ltd install packages for you or specific versions of packages beyond those already supported within the platform.
- The storage quota available to you in Performance Hosting is determined by whichever of the products you have. Any plans with unlimited storage are subject to a limit of no more than 500GB on Performance Hosting. You must keep your account below this limit, and you can log into your control panel at any time to check your usage. The storage quota is a combination of all files stored on your web space.
Email
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Use of Microsoft Outlook Software
- Fasthosts Exchange Mail accounts, if purchased, will include licensing for Outlook Client Software. The license fee is included in the monthly Site Sphere Ltd. service fee. Mailbox owners are permitted to install the software once on one PC for each Microsoft Exchange mailbox. Sharing of a single mailbox is not permitted unless additional licenses are purchased on a monthly basis for each user. If you cancel your Site Sphere Ltd Exchange Mail account, you are responsible for uninstalling any Outlook software that is licensed to you as part of the Site Sphere Ltd service.
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Size of mailbox
- Each mailbox has a storage quota. This is in place to protect your account and others from potentially large volumes of email sent to a single address that could materially affect the email system server. Additional storage can be purchased through your control panel. It is the mailbox owner’s responsibility to ensure that his/her mailbox does not reach its allocated level. Site Sphere Ltd cannot be responsible for email lost due to full mailboxes. You can check your mailbox size from your control panel.
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Service availability
- Fasthosts monitors the server as a whole but does not monitor individual mailboxes. The Exchange server uses SMTP, a “store-and-forward” email protocol, to deliver outbound messages. This protocol does not guarantee immediate delivery of email messages. By default, the Exchange server makes a delivery attempt every ten minutes three times; thereafter, the server will attempt message delivery every fifteen minutes. If there is no successful delivery attempt within twelve hours, a delay notification will be emailed to the sender. If there is no successful delivery attempt within two days, the message will be returned to the sender.
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Security
- Fasthosts makes every reasonable effort to ensure mailbox security at all times. We do this through a combination of various network security policies, load balancing, and redundant systems. We make every reasonable effort to ensure the integrity of data on Site Sphere Ltd. systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner’s responsibility to notify Site Sphere Ltd. We cannot guarantee that we will be able to restore data, and we accept no liability for any loss of such data.
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Server storage capacity
- Each Exchange account is allotted an aggregated storage capacity initially equal to the total storage capacity of each mailbox. This storage capacity is shared among all mailboxes and public folders within your account; the quota cannot be exceeded. For an additional fee, you may increase your account storage capacity at any time from within the control panel.
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Mailbox and Public Folder storage capacity
- In addition to the aggregate account storage capacity, each mailbox and public folder also has its storage limit. When the storage capacity is reached on an individual mailbox or folder, the Exchange servers shall stop sending or receiving messages. Site Sphere Ltd is not responsible for service unavailability or data loss caused by any mailbox or folder exceeding its storage capacity. To prevent such occurrences, you can manage mailbox and public folder storage limits at any time from within the control panel.
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Anti-virus checking
- Fasthosts installs antivirus software on its email servers for all Advanced and Exchange mailboxes. This software is configured to check messages coming to the email server. If a virus is detected, the message is deleted. No notification is sent to either the recipient or the sender of the message. Messages sent between mailboxes on the Site Sphere Ltd platform are not checked.
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Anti-SPAM message filtering
- Fasthosts runs anti-SPAM software on its email servers for all Advanced and Exchange mailboxes. You can determine the levels of spam protection from within your control panel.
- Site Sphere Ltd also runs anti-SPAM software on outbound email from all mailboxes and reserves the right to mark or delete any messages determined to be SPAM.
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Use of email account
- If Site Sphere Ltd identifies a mailbox or domain that is causing problems, we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.
- For details of what is not allowed by Site Sphere Ltd. and its policies on spam and illicit material, please see the Site Sphere Ltd. Acceptable Use Policy.
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Email retrieval and timescale
- Fasthosts’ policy on maintaining stable data-transfer levels includes a deletion process for email as follows: (i) all mail in IMAP “Trash” folders will be deleted automatically after 7 days. Such mail is checked daily; (ii) if a mailbox is not accessed for 60 days, either by POP or IMAP, all mail over 90 days old will be deleted automatically. This process will be repeated daily until the mailbox is accessed again; (iii) root mailboxes that are not accessed for 90 days will have their quota reduced to 1MB automatically (with any existing mail over this new quota deleted). If the Root mailbox is accessed again, its quota will be increased back to the original allocation (Root mailboxes being Standard mailboxes). Note that after 90 days, the Root mailbox will have already undergone a cleanup after 60 days of inactivity. Site Sphere Ltd does not accept any responsibility whatsoever for any deleted mail.
By using this service from Site Sphere Ltd Internet Limited (“Site Sphere Ltd,” “We,” and “Our”), you (“You,” “Your,” or “Customer”) agree to the terms and conditions set forth herein. The provisions contained in these Domain Name Terms (the “Agreement”) incorporate and are supplemental to Site Sphere Ltd.’s General Terms and Conditions of Service and any other applicable terms and conditions related to your Service, by which you are also bound.
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The following terms and conditions apply to the domain registration service:
- You acknowledge and recognise that the domain name system and the practice of registering and administering domain names are continuously evolving and that we may modify this agreement and any other applicable terms and conditions related to this service as necessary, from time to time, to comply with any agreements by which we are or will be bound and to adjust to changing business circumstances. We will notify you of these changes by e-mail.
- Your continued use of the registered domain name constitutes acceptance of this Agreement and any other applicable terms and conditions related to your Service and amendments, including acceptance of the terms and conditions required of Us by Our domain name services providers, the registrar Tucows Inc. and/or IONOS SE, and the registry Nominet UK, to which You are bound. By registering domain names, you are entering into a contract with either IONOS SE and/or Tucows Inc. and/or Nominet UK, a copy of which is at the end of this document, the Master Domain Registration Agreement, the Terms and Conditions of Domain Name Registration, and the IONOS SE Registration Agreement. If at any time you do not agree to such modifications to the terms, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.
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Domain Name Registration
- We have been granted the right to provide Internet domain registration services.
- ICANN oversees all domain registries and registrars. Verisign Inc. is the registry administrator responsible for the .com, .net tld domains. Nominet is responsible for the .uk tld domain and the second-level domain (sld) .co.uk, .org.uk, .ltd.uk and .plc.uk extensions. EURID is responsible for the .eu ccTLD domain. You can find information about ICANN’s Registrants Rights and Responsibilities document here: https://www.icann.org/resources/pages/registrant-rights-2013-09-16-en.
- Upon receipt of your domain name registration information, we shall submit the information to the registry administrator for the appropriate domain extension for approval and processing. The registry administrator then puts into effect the domain name registration.
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Selection of a domain name
- You represent that, to the best of your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
- If you are registering a domain name during the finite period of time when owners of trademarks and service marks have priority to do so (“Sunrise Period”), you acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted on the conditions applicable to those new domain names and their Sunrise provisions which may include a minimum registration term.
- By registering or renewing a .uk top-level or second-level domain and agreeing to these terms & conditions, You agree that You have read and agree to the Nominet Terms & Conditions of Domain Name Registration. If You are registering the domain for a third party, You warrant that the third party for whom you register the domain name have read and agree to the Nominet Terms & Conditions.
- Upon submitting a registration through Your control panel, We will submit your application to the relevant registry for processing. However, it is Your responsibility to check using WHOIS that Your domain registration has been successful twenty-four hours after payment has been made to Us. To check that the contact details assigned are correct and valid please see ‘Domain Contacts’ via Our control panel.
- Site Sphere Ltd is not liable for and does not guarantee the registration of any applied for domain names. Site Sphere Ltd’ General Terms and Conditions also apply.
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Name restrictions
- Registrations in the .name top-level domain must constitute an individual’s “Personal Name”. For purposes of the .name restrictions (the “Restrictions”), a “Personal Name” is a person’s legal name, or a name by which the person is commonly known. A “name by which a person is commonly known” includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
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Fees
- In consideration for Us providing domain name registration Services to You, You agree to pay Us, prior to the approval of the desired domain name registration, the amounts set forth in Our Price Schedule which is located in Your Customer control panel, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.
- Your application will not be registered until We have received payment of the registration fee from You. If We do register a domain name prior to payment of the registration fee, We reserve the right to cancel the registration or restrict use of the domain name until payment has been received from You.
- All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.
- In the event of a charge back by a credit card company or other payment provider authorised by Us, the domain name registration shall be transferred to Us as the paying entity for the registration. We may reinstate Your domain name registration at Our sole discretion upon receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently £25, but this is subject to change in Site Sphere Ltd sole discretion.
- Payment must be made by credit card or other methods We indicate in Our registration application or renewal form. We will renew Your domain name for You provided Your credit card or other billing information is available and up to date. If Your billing information is not accurate and You wish to renew Your domain name registration, we will contact You to update this information and charge accordingly.
- Domain credits are non-refundable as they enable the purchase of domain names at discounted prices, based on an up-front commitment.
- Domain credits can be used for new registrations via the control panel, and will automatically be used for renewals of existing appropriate domain names. Domain credits expire two (2) years after purchase. Unused domain credits will be deleted from your account. UK domain credits can only be used for one (1) and ten (10) year registration/renewal periods. Eu domain credits can only be used for one (1) year registration/renewals and all other tld’s credits can be used between one (1) to ten (10) years.
- All prices are exclusive of VAT and are subject to a minimum one (1) year contract
- Redemption FeesIf deleted, expired domains are considered to reside in the thirty (30) day Redemption Grace Period (‘RGP’). During the RGP, expired domains are returned to the registry and where applicable may be redeemed by You for a redemption fee and Our fees can be found below;
Registrar |
Days after domain expiration |
Redemption Fee |
Tucows Domains |
Forty (40) days following domain expiration |
£200 + VAT this includes one (1) year renewal of the domain |
IONOS SE Domains |
Ten (10) days following domain expiration |
£90+ VAT this includes one (1) year renewal of the domain |
Tucows .EU Domains Quarantine |
One (1) day following domain expiration |
£100 + VAT this includes one (1) year renewal of the domain |
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Free domain name registration
- If You opt to take advantage of Our free domain name registration You will automatically be charged for the renewal of the domain thirty (30) days prior to its expiry.
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Term
- This Agreement and any other applicable terms and conditions related to your domain name registration(s)shall remain in full force during the length of the term of Your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should You choose to renew or otherwise lengthen the term of Your domain name registration, then these terms and conditions will apply.
- To ensure Your domains are not lost We operate a positive renewal system on all Our domains. Your domain will automatically renew for the term it was registered for unless You opt-out of this Service through Your control panel or update the renewal period prior to any renewal. This is not refundable and it is Your responsibility to ensure valid and correct contact and payment details are on Your account at all times, failure to do so can lead to suspension.
- Our domain renewal process is automated, however, it is Your responsibility to check that Your renewal has been successful within one (1) month of the renewal date. You will automatically be charged for the renewal of the domain thirty (30) days prior to its expiry.
- You can check your domain renewal updated expiry date for .uk domains byusing Nominet’s WHOIS search at https://www.nominet.uk/lookup/, and for all other domains we recommend using the https://lookup.icann.org/ website domain lookup facility.
- Ownership of data
- You agree and acknowledge that We own the following:
(a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database;
(b) all information and derivative works generated from the domain name database; and
(c) information for the registrations for which We acts as the registrar including:
(d) the original creation date of the registration;
(e) the expiration date of the registration;
(f) the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;
(g) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
(h) other information generated or obtained in connection with the provision of domain name registration and management Services, other than the domain name being registered, and the IP names and addresses of the primary nameservers and any secondary nameservers.
- We do not have any ownership interest in Your specific personal registration information outside of Your right in Our domain name database.
- Transfer of ownership
- The person named as the Registrant shall be the “Registered Name Holder.” The person named as “account contact” at the time the controlling account was secured shall be deemed the designate of the Registrant with the authority to manage the domain name. Registrant agrees that prior to transferring ownership of the domain name to another person (the “Transferee”) Registrant shall require the Transferee to agree, in writing to be bound by the Registration Agreement with the Registrars. If the Transferee fails to be bound in a reasonable fashion (as determined by Tucows and/or IONOS SE as applicable in its sole discretion) to these terms, any such transfer will be null and void. Registrant explicitly authorises Tucows and/or IONOS SE as applicable to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf. Upon making changes to the Registrant first name, last name, company name and/or email address, a sixty (60) day transfer lock will be applied to the domain registration.
- For UK domain names the transfer of ownership can be actioned via the Your control panel by the person named as account contact at the time the controlling account was secured who shall be deemed the designate of the Registrant with the authority to manage the domain name. The Registrant shall be required to agree, in writing to be bound by the Registration Agreement with the Registrar.
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Domain name dispute policy
- You agree to be bound by the Domain Name Dispute Policy (the “Dispute Policy”), as amended from time to time, which is hereby incorporated and made a part of these terms by reference.
- The Dispute Policy governs any dispute between You and any party other than Us over the registration and use of the domain name. The specific disputes which are subject to the Dispute Policy are contained in the Dispute Policy. You agree that You will be subject to the provisions specified in the Dispute Policy in effect at the time the domain name registration is disputed by a third party.
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Domain name registration information and its use
- Information You are required to submit:
- As part of the registration process, You are required to submit to Us and to keep up to date the following information in connection with Your application for domain name registration:
(a) the domain name to be registered;
(b) the domain name holder’s name and mailing address;
(c) the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name; and
(d) the name, mailing address, email address, telephone number and fax number of the billing and technical contact for the domain name.
- You shall provide and maintain updated information at all times with Us. We at Our discretion may refuse to renew any registrations unless You maintain current and updated information at all times.
- We may from time to time request additional information from You in the form of photo ID or utility bills. While not obligated to provide the additional information, You should provide the additional requested information to ensure that You will obtain all the products and Services which We make available to domain name registrants.
- Additional Information Maintained about Your Registration
- In addition to the information You provide, We maintain additional information relating to Your domain name registration, including:
(a) the original creation date of the registration;
(b) the date and time the registration application was submitted to Us and the appropriate registry;
(c) communications constituting registration orders, modifications, or terminations and related correspondence;
(d) records of account for Your domain name registration, including dates and amounts of all payments and refunds;
(e) the IP names and address of the primary name servers and any secondary name servers;
(f) the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;
(g) the name, mailing address, email address, telephone number, and fax number of the domain registrant for the domain name;
(h) the expiration date of the registration; and (i) other information regarding all other activity regarding Your domain name registration and related Services.
- Obligations Relating to Data Provided by You:
- If in registering a domain name You provide information about a third party, You hereby represent that You have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party’s information as set forth in these terms.
- Disclosure and Use of Registration Information:
- You agree to authorise Us to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit.
- In addition, You acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that We may or must make available to private entities, and the manner in which such information is made available.
- You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action You may have arising from such disclosure or use of the domain name registration information.
- You may access Your domain name registration information in Our possession to review, modify or update such information, by accessing Your control panel, available at Our website at www.Site Sphere Ltd.co.uk.
- We will not process any personal data about any person that we obtain from You in a way incompatible with the purpose and limitations described in these terms. We will take reasonable precautions to protect the information We obtain from You from loss, misuse, unauthorised access or disclosure, alteration or destruction of that information.
- Agents and licences
- You agree that in the event You register a domain name for another entity, You represent that You have the authority to bind that entity as a principal to all terms and conditions contained in these and any other applicable terms.
- You acknowledge and agree that if You license the use of Your registered domain name to a third party, You remain the domain name holder of record and remain responsible for all obligations under the registrar’s and/or registry’s terms, including payment obligations, and providing and updating Your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with domain name and domain registration.
- In any circumstance where You are registering a domain for a third party, You agree that You must (in advance):
(a) Make Your customers aware of the prices associated with domain name registration, renewal and maintenance.
(b) Give details of the domain name related services You provide, which are relevant to this customer, information on how to invoke the service, any prices payable and how long You take to carry out the service.
(c) Make Your customers aware of changes to Your prices.
(d) Detail the method, availability and cost of customer service provided.
(e) Act quickly after getting a request from Your registrant to take some action for them; and
(f) Update the registrant’s details soon after You know that the current ones are out of date or wrong.
- Registrant Data
- You must not knowingly provide inaccurate or incomplete quality registrant data. If You find out that a registrant has provided inaccurate or incomplete quality data You should attempt to correct the data.
- If You receive a request to register a domain name for Your customer You must register the domain name in Your customer’s name. You may only register the domain name in Your or Your organisation’s name with the explicit prior written consent of Your customer.
- You agree that if You register a domain on behalf of a third party, We can pass on the contact details of that third party to the registry administrator if required to do so by the registry.
- Changing domain name registrants name for a .uk domain name:
- To change the registrants name for a .UK domain name within thirty (30) days of registration, please contact us through the ‘support’ area of Your control panel.
- We require you to indemnify Us against any legal proceedings and You must agree that your request is genuine.
- You also have the facility to change registrants names via your online account with Nominet UK. Nominet UK will charge for this process.
- If the registrants name listed on your domain record does not meet the registry’s requirements, please contact Our support department by emailing registrants@Sitesphere.uk in the first instance to see whether we are able to resolve this issue for You, however, this is not possible in all cases so you may be referred to the registry (Nominet UK).
- Changing domain name registrants name for gTLD domains:
- To change the registrants name for gTLD domains, the facility is available via Your control panel. However, if you change the details of the registrant after registration then you will require written consent from the current registered owner to action this change.
- Please note that at any time We may ask you to provide evidence that you have the authority to change the registrants name of any domain name managed by Us.
- Failure to gain the current owners written consent to change the Registrant details for any Domain Name may result in Us reverting any changes made to the original registrant details.
- Limitation of liability
- You agree that We shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with there terms, even if We have been advised of the possibility of such damages, and in particular We will not be liable for the following:
(a) suspension or loss of Your domain registration;
(b) use of Your domain name registration;
(c) interruption of Your business;
(d) access delays or interruptions to any web sites accessed by Your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;
(f) events beyond the reasonable control of Us;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policy.
- We shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to Your application, receipt of, or failure to receive a domain name registration.
- Our maximum aggregate liability shall not exceed the greater of:
(a) the total amount paid by You for registration of the domain name; or
(b) £50.00 (UK Pounds).
- Indemnification of Us
- You agree to defend, indemnify and hold harmless Us and the registry administrator, including Us and its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs ( including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.
- You also agree that in the event a domain name dispute arises with any third party, You shall indemnify and hold Us harmless pursuant to the terms and conditions contained in the Dispute Policy.
- Representations and warranties
- You represent and warrant that:
(a) all information provided in connection with Your domain name registration is accurate; and
(b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.
- You acknowledge and agree that all domain name registration Services provided to You by Us are provided on an “as is” basis. We make no representations or warranties of any kind, express or implied, in connection with these terns or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose. We make no representation or warranties of any kind that registrations or use of domain name under this Agreement will protect You from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to You.
- Breach and revocation
- We reserve the right to suspend, cancel, transfer or modify Your domain name registration in the event that:
(a) You materially breach this Agreement or any other applicable terms that relate to this Service;
(b) You use Your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
(c) You use Your domain name in connection with unlawful activity;
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in these terms; or
(e) You use Your domain name in connection with material that is slanderous to UKreg, Us or other associated companies.
- You further acknowledge and agree that Your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Us) or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by Us, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.
- You also agree that We shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as We receive a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
- You acknowledge and agree that:
(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to our enquiries concerning the accuracy of contact details within fifteen (15) calendar days of request; shall constitute a material breach of this Agreement or any other applicable terms that relate to this Service and will be sufficient basis for cancellation of Your domain name registration.
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No Guarantee
- You acknowledge that registration or reservation of Your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name.
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Specific TLD Registration Agreements
- Terms and conditions for .UK domain names
- Terms and conditions of .uk purchase
- Please note that customers who own the qualifying domain have the .uk equivalent automatically reserved for them until 10th June 2019, as long as that domain remains registered to them.
- If at any time You decide not to renew Your existing qualifying domain, the reserved .uk equivalent will automatically become available.
- Terms and conditions for gTLD and nTLD domain names can be found for IONOS SE here and for Tucows Inc here
- .xxx domain names general availability