Users of services provided by Velnet Limited, accept the
terms and conditions of business set out below whether such service was
ordered via our web site or over the telephone.
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 not assume registration of your requested domain name(s) until you have been notified that it has been registered.
2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICCAN in the case of .COM/NET/ORG and Nominet in the case of domain names ending with .UK you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in
respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name;
3 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 naming authority but will not be obliged to take part in any such dispute
4 We shall not release any domain to another provider unless full payment for that domain has been received by us
5 All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, we reserve the right to charge you a “return cheque” charge of £25
6 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 and shall be due and payable in advance of
our service provision. Charges are exclusive of VAT which shall be paid additionally by you at 17.5%
7 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 forthwith to suspend the provision of Services to you;
8 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services
9 if you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you;
10 if you break any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach, we may terminate this Agreement forthwith
11 if you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith
12 on termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
WEB HOSTING AND DIAL-UP SERVICE
These Terms Of Service And Acceptable Use Policies ("Terms and Policies") are an essential part of your relationship with Velnet Limited. By using your Velnet Limited account, you agree to all of the Terms and Policies set out in this document.
1. General Terms and Policies. VELNET LIMITED is a private company providing a private and commercial gateway to the Internet. Velnet Limited equipment and facilities may be used to send electronic mail, conduct commercial transactions, access the World Wide Web, newsgroups and private networks, engage in on-line chat sessions, transfer files, enjoy audio and video programming, and otherwise participate in all legal aspects of the Internet (these uses are referred to in this document as "the Service"), subject to these Terms and Policies.
The Service is provided to authorised persons or organisations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
Velnet Limited grants you a non-exclusive right to access, use and display the Service on any computers or other electronic display devices of which you are a primary user. You may not assign, sub-license or transfer any rights or obligations of the Service without the express written consent of VELNET LIMITED.
2. Coverage. If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.
3. Prices and Charges. Velnet Limited provides the use of our portal and Internet access to you free of charge, but if through mis use or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.
5. Grounds for Suspension and Termination. You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of either these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Velnet Limited to suspend or terminate your account. You agree that Velnet Limited has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
a. Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);
Bussing the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity;
c. Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you;
d. Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or USENET postings, or using any other method to disguise the sender's identity or location;
e. Excessively using the Service in such a way as to limit the bandwidth available to others.
f. Posting commercial messages to a USENET group where the posting is not approved by the specific USENET group in its charter;
g. Using the Service to operate server programs, including, but not limited to mail servers, IRC serves, game servers, ftp servers, Web servers, or streaming audio/video servers.
h. Using the Service to promote or solicit competing Internet services;
I. Using the Service for unauthorised relays through any third party systems;
j. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;
k. Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional;
l. Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s);
m. Using the Service to forward or post "chain letters" (multiple forwarding) of any type;
n. Attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than your own;
o. Engaging in harassment, whether through language, frequency, or size of messages;
p. Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks; or,
q. Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Velnet Limited may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
6. Security. You agree not to access or attempt to access private areas of the Service. You agree to notify Velnet Limited as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
7. Intellectual Property. Velnet Limited does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Velnet Limited has designated Fedor & co to receive complaints about alleged copyright infringement taking place on Velnet Limited's facilities. If you believe that your copyright(s) is being infringed by means of material hosted on Velnet Limited's facilities, you need to provide a signed notice in writing to Fedor & Co, 126 Woodville Road, Thornton Heath, Surrey, CR 7 8LL. EMAIL: firstname.lastname@example.org
Continuing a specific identification of the allegedly infringing material and the location(s) on Velnet Limited's facilities where the materials are to be found. Upon receipt of such written notice, Velnet Limited will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Velnet Limited receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Velnet Limited will send you a copy of that notification. Unless you notify VELNET LIMITED of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
8. Liability. You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Velnet Limited, neither Velnet Limited nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. VELNET LIMITED neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Velnet Limited is not responsible for any loss or damage caused by your use of, or reliance on, such material(s).
You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on VELNET Limited equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless VELNET LIMITED and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You agree that, should you use the Service to send or receive voice communications, VELNET LIMITED is not acting as a telecommunications carrier or telephone company, that there is no representation made by VELNET LIMITED as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Velnet Limited has no liability of any sort for the failure or lack of quality of such use of the Service.
You agree to be liable for any damages or loss of service which results in damages to VELNET LIMITED as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Velnet Limited may pursue any such claims against you in Court.
You agree that in no event will VELNET LIMITED have financial liability to you.
9. Warranty. VELNET LIMITED MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Velnet Limited ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY VELNET LIMITED OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Velnet Limited ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; VELNET LIMITED DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Velnet Limited DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
10. Content. You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. VELNET LIMITED has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
11. Dial-up Connection. Velnet Limited may terminate a dial-up Subscriber's connection following prolonged period of inactivity as determined by Velnet Limited in its sole discretion.
12. Privacy. Velnet Limited commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. Velnet Limited will not provide names, addresses, telephone numbers, email addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. Velnet Limited may provide aggregate data on Subscribers to third parties in the operation of Velnet Limited's business.
13. Disputes. You agree that any dispute between you and Velnet Limited arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Velnet Limited will be submitted by the aggrieved party for binding arbitration under the auspices of the English law.
14. Governing Law. These Terms and Policies are governed in all respects under English laws.
ALL RESELLERS ARE BOUND BY THE ABOVE TERMS AND CONDITIONS AND ARE RESPONSIBLE FOR ENSURING THEIR CUSTOMERS ARE BOUND.