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Terms Of Business
Where the context admits:
"We" includes Harlequin Domains, 29 Park Square, Lancaster, LA1
3EH United Kingdom or any party acting on Harlequin Domains implicit
instructions.
"You" includes the person purchasing the services or any party
acting on the customer's instructions.
"The Registrant" includes the person applying for a domain name
or any party acting on the Registrant's instructions.
"The Registry" the relevant domain names Registry.
"Server" means the computer server equipment operated by us in
connection with the provision of the Services.
"Web Site" means the area on the Server allocated by us to you
for use by you as a site on the Internet.
In consideration of the mutual covenants herein, the parties agree
to the following, which shall apply during the term of this agreement:
1. Domain Name Registration
1.1 We make no representation that the domain name you wish to
register is capable of being registered by or for you or that
it will be registered in your name. You should therefore not assume
registration of your requested domain name(s) until you have been
notified that it has or they have been registered. Any action
taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to
the terms and conditions of use applied by the relevant naming
authority; 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.
1.3 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.
1.4 We shall not release any domain to another provider unless
full payment for that domain has been received by us.
2. Web Site Hosting And Email
2.1. We make no representation and give no warranty as to the
accuracy or quality of information received by any person via
the Server and we shall have no liability for any loss or damage
to any data stored on the Server.
2.2. You shall effect and maintain adequate insurance cover in
respect of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use
the Web Site allocated to you only for lawful purposes. In particular,
you represent, warrant and undertake to us that.
2.3.1 you will not use the Server in any manner which infringes
any law or regulation or which infringes the rights of any third
party, nor will you authorise or permit any other person to do
so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way.
(b) any material containing a virus or other hostile computer
program.
(c) any material which constitutes, or encourages the commission
of, a criminal offence or which infringes any patent, trade mark,
design right, copyright or any other intellectual property right
or similar rights of any person which may subsist under the laws
of any jurisdiction.
2.3.3 you will not send bulk email whether opt-in or otherwise
from our network. Nor will you promote a site hosted on our network
using bulk email.
2.3.4 you will not employ programs which consume excessive system
resources, including but not limited to processor cycles and memory.
2.3.5 any file you store on the Server will be reachable via a
hyperlink from a page on your site.
2.4 We reserve the right to remove any material which we deem
inappropriate from your web site without notice. We do not host
Warez, Adult or illegal MP3 content.
2.5 You shall keep secure any identification, password and other
confidential information relating to your account and shall notify
us immediately of any known or suspected unauthorised use of your
account or breach of security, including loss, theft or unauthorised
disclosure of your password or other security information.
2.6 You shall observe the procedures which we may from time to
time prescribe and shall make no use of the Server which is detrimental
to our other customers.
2.7 You shall procure that all mail is sent in accordance with
applicable legislation (including data protection legislation)
and in a secure manner.
2.8 In the case of an individual User, you warrant that you are
at least 18 years of age and if the User is a company, you warrant
that the Services will not be used by anyone under the age of
18 years.
2.9 Any access to other networks connected to Harlequin must comply
with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavor to ensure the
integrity and security of the Server, we do not guarantee that
the Server will be free from unauthorised users or hackers and
we shall be under no liability for non-receipt or misrouting of
email or for any other failure of email.
3. Service Availability
3.1 We shall use our reasonable endeavors to make available to
you at all times the Server and the Services but we shall not,
in any event, be liable for interruptions of Service or down-time
of the Server.
3.2 We shall have the right to suspend the Services at any time
and for any reason, generally without notice, but if such suspension
lasts or is to last for more than 7 days you will be notified
of the reason.
3.3 The Services provided to you hereunder and your account with
us cannot be transferred or used by anyone other than you. No
more than one log-in session under any one account may be used
at any time by you. If you have multiple accounts, you are limited
to one login session per system account at any time; user programs
may be run only during log-in sessions. If your account is found
to have been transferred to another party, or shows other activity
in breach of this subclause, we shall have the right to cancel
the account and terminate the Services and/or this Agreement immediately.
4.
Payment
4.1 All charges payable by you for the Services shall be in accordance
with the scale of charges and rates published from time to time
by us on our web site and shall be due and payable in advance
of our service provision. We reserve the right to change pricing
at any time although all pricing is guaranteed for the period
of pre payment.
4.2 Payment is due each anniversary month, quarter or year following
the date the Services were established until closure notice is
given. If you choose to pay by credit or debit card you authorise
Harlequin to debit your account renewal fees from your card.
4.3 All payments must be in UK Pounds Sterling.
4.4 If your cheque is returned by the bank as unpaid for any reason,
you will be liable for a "returned cheque" charge of £25.
4.5 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.
5
Termination
5.1 If you fail to pay any sums due to us as they fall due, we
may suspend the Services and/or terminate this Agreement forthwith
without notice to you.
5.2 If you break any of these terms and conditions we may suspend
the Services and/or terminate this Agreement forthwith without
notice to you.
5.3 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 suspend the Services and/or terminate
this Agreement forthwith without notice to you.
5.4 No refunds will be made for Services suspended in accordance
with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or terminate
this Agreement at any time. In the event of this You will be entitled
pro rata refund based upon the remaining period of membership.
5.6 You may cancel the Services at any time.
5.7 During the first 30 days of Services, You are entitled to
a complete refund of all fees paid with the exclusion of domain
name registration, dedicated server and data transfer fees should
You decide to cancel the Services. You will not be entitled to
a refund on this basis if you have previously had an account with
Harlequin.
5.8 Where payment has been made by credit or debit card, any refund
will only be issued to the same credit or debit card.
5.9 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.
6. Indemnity
6.1 You shall indemnify us and keep us indemnified and hold us
harmless from and against any breach of these terms of business
and any claim brought against us resulting from the provision
of Services by us to you and your use of the Services and the
Server including, without limitation, all claims, actions, proceedings,
losses, liabilities, damages, costs, expenses (including reasonable
legal costs and expenses), howsoever suffered or incurred by us
in consequences of your breach or non-observance of this Agreement.
7.
Limitation Of Liability
7.1 All conditions, terms, representations and warranties relating
to the Services supplied under this Agreement, whether imposed
by statute or operation of law or otherwise, that are not expressly
stated in these terms and conditions including, without limitation,
the implied warranty of satisfactory quality and fitness for a
particular purpose are hereby excluded, subject always to subclause
7.2.
7.2 Nothing in these terms and conditions shall exclude our liability
for death or personal injury resulting from our negligence.
7.3 Our total aggregate liability to you for any claim in contract,
tort, negligence or otherwise arising out of or in connection
with the provision of the Services shall be limited to the charges
paid by you in respect of the Services which are the subject of
any such claim.
7.4 In any event no claim shall be brought unless you have notified
us of the claim within one year of it arising.
7.5 In no event shall we be liable to you for any loss of business,
contracts, profits or anticipated savings or for any other indirect
or consequential or economic loss whatsoever.
8.
Notices
8.1 Any notice to be given by either party to the other may be
sent by either email, fax or recorded delivery to the address
of the other party as appearing in this Agreement or ancillary
application forms or such other address as such party may from
time to time have communicated to the other in writing, and if
sent by email shall unless the contrary is proved be deemed to
be received on the day it was sent or if sent by fax shall be
deemed to be served on receipt of an error free transmission report,
or if sent by recorded delivery shall be deemed to be served two
days following the date of posting.
9.
Law
9.1 This Agreement shall be governed by and construed in accordance
with English law and you hereby submit to the non-exclusive jurisdiction
of the English courts.
10.
Headings
10.1 Headings are included in this Agreement for convenience only
and shall not affect the construction or interpretation of this
Agreement.
11.
Entire Agreement
11.1 These terms and conditions together with any documents expressly
referred to in them, contain the entire Agreement between us relating
to the subject matter covered and supersede any previous Agreements,
arrangements, undertakings or proposals, written or oral: between
us in relation to such matters. No oral explanation or oral information
given by any party shall alter the interpretation of these terms
and conditions. In agreeing to these terms and conditions, you
have not relied on any representation other than those expressly
stated in these terms and conditions and you agree that you shall
have no remedy in respect of any misrepresentation which has not
been made expressly in this Agreement.
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