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the context admits: "The Agent" includes Soho Consulting, of 1133 Broadway, Suite 706,
New York NY 10010, United States, or any party acting on Soho Consultings
implicit instructions. "The Registrant" includes the person applying for
the domain name or any party acting on the Registrantīs instructions. "The
Registry" includes the relevant domain name Registry.
The Agent agrees as follows:
- To consider applications received for a domain name
registration &/or web hosting from the Registrant. To accept or reject
the application for a domain name registration & web hosting subject
to the rules and regulations of the relevant Registry who administer
name applications under that domain & under the laws of the United Kingdom.
- If the application is accepted by the Agent on receipt
of the full fees the Agent will register the relevant details with the
Registry to effect a full domain name registration.
- Once the Domain Name and the Registrantīs details have
been entered in the Register of Domain Names as a full registration
no refund of fees will be payable by the Agent.
- The Agent is entitled to register domain names on a
first come, first served basis, whether or not it has received payment
for their registration.
- Until the agent has confirmed the registration, there
is no guarantee that the domain name applied for will be entered in
the Register as such. The Registrant is advised not to take any action
in respect of the registration of a domain name before it becomes a
full registration.
- The Agent will supply DNS service to host the domain
name either on servers owned and operated by the Agent or on other third
party owned and operated servers.
- The Agent accepts no responsibility for the use of
any domain name on the register of domain names and in particular for
any conflict with trademarks, registered or unregistered, or with rights
to names in other contexts.
- The Agent will use its reasonable endeavours to ensure
that the appropriate details of the Registrantīs registration are correctly
entered and maintained in the register of domain names. In no circumstances
will the Agent be liable for any loss of profit, business suffered by
the Registrant.
- The Agents liability to the Registrant under the contract
or otherwise for proved liability for negligence is limited to 125%
of the registration fees paid in respect of a particular period of registration
or web hosting.
- All registrations remain the property of the Agent
until payment has been made in full. The Agent reserves the right to
withhold DNS service until all monies owed by the applicant have been
received.
- The Agent will not register domain names considered
by the Agent and at the Agentīs sole discretion to be of an explicit
sexual or indecent or racist nature.
The Registrant agrees as follows:
- The Registrant warrants to the Agent that neither the
registration of the Domain Name nor the manner in which the Domain Name
is directly or indirectly used infringes the legal rights of a third
party.
- The Registrant warrants to the Agent that the details
submitted by the Registrant to the Agent are true and correct, and that
future additions or alterations to those details will be true and correct.
- The Registrant indemnifies the Agent against any claim
that the registration of the Domain Name or the manner in which the
Domain Name is directly or indirectly used infringes the legal rights
of any third party and indemnifies the Agent against the reasonable
costs and expenses, however they may arise, incurred in defending or
dealing with such a claim.
- The Registrant indemnifies the Agent against any claim
that the contents, information, data, images, sounds or multimedia,
of the web site hosted by the Agent, directly or indirectly infringes
the legal rights of any third party and indemnifies the Agent against
the reasonable costs and expenses, however they may arise, incurred
in defending or dealing with such a claim.
- The Registrant agrees to place only legal & legally
acquired content, information, data & images on the Registrant's web
site hosted by the Agent, and agrees to remove any material when requested
by the Agent where in the Agent's considered opinion the publication
on that site of such material may constitute an illegal or libellous
act.
- The Registrant accepts that the Registry records of
the domain name applied for will show some of the details supplied by
the Registrant in respect of this domain name application. The Registry
may allow other organisations and members of the public to access the
data for the purpose of obtaining information about the registration
of the Domain Name. The actual detail made available by the Registry
to a third party is at the discretion of the Registry and no liability
for how this information is made use of by a third party is accepted
by the Agent.
Cancellation of Registration
of a Domain Name &/or Web Hosting:
- Cancellation of of any domain name registration or
web hosting requested by the registrant after the registrants' card
has been debited, or the requested domain name has been registered,
whichever comes first.
- No charge for cancellation will be made if the registrant
cancels the order prior to registration or card debit, whichever comes
first.
- Period of Registration of a Domain Name:
- The initial registration period is two years for all
domain names ending in .co.uk, .me.uk, .org.uk, .ltd.uk and .plc.uk
from the date of the application for registration. The initial registration
period for all other domains is one year. Thereafter, the registration
may be renewed indefinitely for further periods of one or more years,
on payment of the renewal fees applicable at the time of renewal and
as shown on the Agents web site.
- All transfers and renewals will be made on the Agents
Terms & Conditions & Prices current at the time of the transfer or renewal.
- Web hosting may be canceled up to one month after the
application date. In such cases the customer is given an immediate credit
of the full payment on his or her credit card, without question or unnecessary
delay on the part of Soho Consulting.
- All domain names which have hosting account accounts
must resolve to Soho Consultings servers. If you
change or modify your name servers addresses or zone files causing your
domain name not resolve to our servers it will be assumed by Soho Consulting
that you no longer require your hosting and the account will be closed.
Release of a Domain Name to another
Agent:
- Soho Consulting makes no charge for releasing a registered
domain name into the administration of another agent.
Anti-Spam Policies:
- The Agent reserves the right to to terminate without
notice the contract with any Registrant who commits spam or sends spam
(otherwise known as "Unsolicited Commercial Email") or who uses the
Agents' servers for spam or bulk emailing.
- DO NOT ever to attempt to send or provide receipt email
addresses and/or web sites for unsolicited commercial emails or pornography
using any of our servers. Your services will be terminated immediately,
and we will not enter into discussion regarding terminated spammers
accounts.
- This termination will be at the discretion of the Agent.
Period of Web Hosting:
- The initial period for web hosting & other related
services, is one month from the date of the application for those services.
Thereafter, the services may be renewed indefinitely for further periods
of one month or more, on payment of the renewal fees applicable at the
time of renewal and as shown on the Agents web site.
- All renewals will be made on the Agents Terms & Conditions
& Prices current at the time of the renewal.
Adult and Warez Hosting:
We won't allow our customers to run adult or warez sites,
because it jeopardises the quality of our other customers accounts.
Adult Material
Includes all pornography, erotic images, or otherwise lewd or obscene
content. The designation of "adult material" is left entirely to the discretion
of Soho Consulting.
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.
Use of our Servers:
Web sites and shell accounts are to be used by the primary owner only.
Customers running CGI or other scripts that use up an unreasonable amount
of CPU, memory, or load average will be immediately suspended. Furthermore
no customer may use more than 15% of system resources at any give time.
Customers are not permitted to resell, store, or give away web hosting
services off of their web site to other parties. Web hosting services
are defined as allowing a separate, third party to host content on the
owner's web site. Exceptions to this include ad banners, classified ads,
and personal ads. More than 90% of files stored by our servers must be
linked to web pages. Web sites that are found to contain either no html-encoded
documents or a large number of unlinked files are subject to warning,
suspension, or cancellation at the discretion of Soho Consulting. Any
customer who violates Soho Consulting Policies in abusing either space/site
transfer will be notified and given 2 days to remedy the problem. If the
problem is not resolved within the allotted period, the client will be
billed for the overages. To maintain the integrity of our shared hosting
service the following limitations apply: Sites may not store banners,
graphics or CGI scripts running from their account for use on other domains
either on or off Soho Consulting systems.
Commercial Advertisements with
E-mail - Spamming:
Unsolicited commercial advertisements are not allowed in e-mail, and will
likely result in account suspension or cancellation. Commercial advertisements
are unwelcome in most usenet discussion groups and on most e-mail mailing
lists. Inappropriate posting may result in account suspension or cancellation.
See the newsgroup or mailing lists charter for whether advertising is
allowed or not. Spamming, or sending a message to many different off-topic
newsgroups, is particularly unethical and will be treated as such.
Cancellation:
Soho Consulting reserves the right to cancel service at any time. Soho
Consulting can not be held responsible for any lost data, revenue, or
business from this act. If cancellation is caused by customers violation
of these policies, then no refund is due. Customers can cancel service
any time but no refund is due. Informing Soho Consulting to cancel service,
either by phone, email, fax, or an alternative method, does not constitute
an actual cancellation of services. When customers cancel their account
with Soho Consulting, the account will be deleted immediatley. It is advised
that the customer makes copies of all files needed, since once the account
is deleted there is no way to retrieve them. Furthermore, if a customer
cancels their account before the next billing period, Soho Consulting
can not be held responible for monies owed.
Payment policies:
All accounts are set up on a prepay basis. Although Soho
Consulting reserves the right to change prices of accounts or services
at any time all pricing is guaranteed for the period of prepayment. Payment
is due on each anniversary year or month following the date the account
was established. Clients will automatically be charged again at the end
of their prepay period unless notification has been given and acknowledgement
received by the customer.
If, when debiting a payment the card number is declined
Soho Consulting will immediately suspend the chargeable services supplied
until the outstanding charge is processed successfully. Soho Consulting
also reserves the right to suspend other services until the outstanding
debt is cleared. The customer is responsible for all money owed on the
account from the time it was established to the time that the customer
sends a cancellation request.
No invoices will be sent by surface or regular mail.
All invoices will be sent directly to customers via email shortly after
the online purchase has been made. At this point the customer's card will
be charged automatically.
All payment is in UKP.
Non-payment, Late Payment And/Or Insufficient Funds, Reactivation
Your account will be suspended and then deactivated if payment is not received by the due invoice date, if payment was returned for insufficient funds, or credit card declined 5 days after the payment due date. "Past due" meaning payment has not been received before the due date shown on our invoice. Payments that are past due are subject to a £10.00 late charge. If a payment is returned for insufficient funds, you will be responsible for any bank charges. Accounts that have been deactivated are subject to a new set-up fee upon reactivation including ALL hosting plans in the amount of £25.00 prior to reactivating. If account was terminated due to policy violations, we will not reactivate the account, or refund.
PAYMENT OPTIONS
In order to keep our costs down, Soho Consulting runs
a limited number of payment options.
Credit / Debit Cards:
Soho Consulting accepts Visa, MasterCard, Switch and Solo. Please note
that some cards may be declined by the issuing bank even if they are part
of the members alliance. These are often Visa Charge cards (such as Electron
in the UK).
It is hereby agreed by all parties
that:
- These terms and conditions constitute the entire agreement
between the Agent and the Registrant. All domain names ordered by the
Registrant by either electronic or written means are only accepted by
the Agent under the terms of this agreement.
- This contract may be assigned by the Agent.
- The Agent may change the terms and conditions of the
contract on renewal or transfer of the registration of the Domain Name
&/or web hosting.
- The Agent may not be held liable for the contents,
information, data, images, sounds or multimedia, placed on a web site
hosted by the Agent. The above does not affect your rights & obligations
under the consumer protection laws currently in force.
- Soho Consulting reserve the right to refuse, cancel, or suspend service at our sole discretion.
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