Information: Terms & Conditions
|All Users of services provided by AWNET, by use of such services, accept the terms of business set out in the form of Service Agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.
This Agreement is made between us and you as defined in (1) below. The date of this Agreement is the date you order our services.
|In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to Stethoscope Ltd trading as AWNET. This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting AWNET's service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional AWNET�s service(s) or to modify or cancel your AWNET�s service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in Hayling Island, Hampshire, the location of our principal place of business.
|2. ACCURATE INFORMATION.
|As further consideration for the AWNET�
's service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the application process; and (2) maintain and update this information as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. In particular you agree that if you fail to notify us in of any change of address within four weeks of your change of your address then we have the right to terminate your contract with forthwith without notice to you. Our address for such notifications is "Address Changes, AWNET, 28 Wittering Road, Hayling Island, Hampshire PO11 9SP"
|3. FEES, PAYMENT AND TERM OF SERVICE
|3.1. All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, or if your charge card declines you will be liable for a administration charge of �25. Accounts in arrears or suspension will not be modified until such a time as all arrears are settled in full.
3.2 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 'Value Added Tax' which shall be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice;
3.3 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you;
3.4 Domain name fees are refundable only if you cancel this agreement within 48 hours of registration. AWNET may take all remedies available to collect fees owed. If you qualify, we may extend payment terms to you under our Business Credit Program.
3.5 Unless otherwise specified, each AWNET service is for a 12 month term only.
|4. 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 AWNET and keep updated 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 contact for the domain name.
You shall provide and maintain updated information at all times with AWNET. AWNET at its option may refuse to renew any registrations unless you maintain current and updated information at all times.
|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 zone contact 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 this Agreement.
|Disclosure and Use of Registration Information
|You agree to authorize AWNET to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree AWNET may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through WHOIS service, for targeted marketing, or for any other purpose as required or permitted by ICANN and applicable laws.
In addition, you acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information AWNET may or must make available to the public or 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 AWNET's possession to review, modify or update such information, by accessing our domain manger service, or similar service, available at our web site at http://www.awnet.co.uk.
We will not process any data about any identification natural person that we obtain from you in a way incompatible with the purpose and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
For domains registered through bodies other than ICANN you must have read and agree to abide by the terms and conditions.
Specific Terms and conditions relating to bodies other than ICANN can be found at the end of this document.
|5. DISPUTE POLICY
|You agree to be bound by the AWNET Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found here
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.
You also agree that in the event a domain name dispute arises with any third party, you shall indemnify and hold AWNET harmless pursuant to the terms and conditions contained in the Dispute Policy.
|5. CHANGES TO REGISTRATION AGREEMENT AND DISPUTE POLICY
|You acknowledge and recognize that the domain name system and the practice of registering and administering domain names are continuously evolving, and acknowledge and agree that AWNET may modify this Agreement and the Dispute Policy as necessary from time to time to comply with any agreements by which AWNET is or will be bound, and to adjust to changing business circumstances.
Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.
|6. Web site, email and Database Hosting
|6.1. Description of Services. AWNET facilities allow you to send and receive electronic mail via the Internet and publish web site(s) on the World Wide Web. You must: (1) provide all equipment, including a computer and modem necessary to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection. AWNET has set no fixed upper limit on the number of messages you may send or receive through the mail service or for the data you can upload to your web site(s) or the number of web sites you can browse using our dial-up; however, AWNET retains the right, at AWNET' sole discretion, to restrict the volume of messages transmitted or received by you, or uploaded by you to your web site(s) in order to maintain the quality of our services to other customers and to protect our computer systems. We, in our sole discretion, will determine whether or not your conduct is consistent with this Agreement and any AWNET operating rules or policies and may terminate your mail service if your conduct is found to be inconsistent with this Agreement or such rules or policies.
6.2. AWNET Web Space facilities allow you to publish web sites to the Internet or World-wide-web. If you are designing and publishing the web site yourself you must obtain suitable web design software (by purchase if necessary) and FTP upload software (by purchase if necessary). Note that some web design packages contain FTP upload software. AWNET has no obligation to provide or recommend such software.
AWNET POP3 email facilities allow you to store email messages on our servers. To receive this email you must connect to the Internet and use suitable POP3 software (e.g. Microsoft Outlook Express), which you may have to purchase if necessary. AWNET has no obligation to provide such or recommend such software.
6.3. In order to use the email and web services we must host your domain name records. If you transfer your domain name records to a third party in conjunction with a live web site or for any other reason or allow your domain name registration to expire, you will no longer be able to use the email and web services. We will not refund the fees you paid for our web or email services if you elect to transfer your domain name record to a third party.
6.4. 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;
6.5. You must keep current backups of any data posted to our servers. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server;
6.6 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;
6.6.1 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;
6.6.2 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;
6.7 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;
6.8 You shall observe the procedures which we may from time to time prescribe and shall make no use of8 the Server which is detrimental to our other customers;
6.9 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;
6.10. Any access to other networks connected to AWNET must comply with the rules appropriate for those other networks.
6.11 While we will use every reasonable endeavour 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;
6.12 Pornography and sex-related merchandising are PROHIBITED on any AWNET server.
6.13. Spamming, or the sending of unsolicited email, from a AWNET server or using an email address that is maintained on a AWNET machine is STRICTLY PROHIBITED.
|7. CONTACT WITH AWNET
|You acknowledge and recognize that all contact with AWNET in the first instance should be made via the online form available on our website here, or via our postal address.
|8. OWNERSHIP OF DATA
|You agree and acknowledge that AWNET owns 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 AWNET acts as the registrar including:
(i) the original creation date of the registration;
(ii) the expiration date of the registration;
(iii) 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;
(iv) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
(v) other information generated or obtained in connection with the provision of domain name registration services, other the domain name being registered, and the IP names and addresses of the primary nameserver and any secondary nameservers.
AWNET does not have any ownership interest in your specific personal registration information outside of your right in our domain name database.
|9. AGENTS AND LICENSES
|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 this Agreement.
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 this Agreement, 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.
|10. SERVICE AVAILABILITY
|10.1. Our email and web services are subject to scheduled and unscheduled outages which will impact your ability to use our services. We will use commercially reasonable efforts to restore the service after any unscheduled outages.
10.2 We shall not, in any event, be liable for interruptions of Service or down-time of the Server;
10.3 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 30 days you will be notified of the reason;
10.4 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 sub-clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately;
|11. LIMITATION OF LIABILITY
|You agree that AWNET 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 this Agreement, even if AWNET has been advised of the possibility of such damages, and in particular AWNET 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 AWNET;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policy.
AWNET 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.
AWNET's maximum aggregate liability shall not exceed the greater of:
(a) the total amount paid by you for registration of the domain name; and
(b) �50.00 (UK Pounds).
|12. INDEMNIFICATION OF AWNET
|You agree to defend, indemnify and hold harmless AWNET and the registry administrator, including our 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.
|13. 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 AWNET are provided on an "as is" basis. AWNET makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose. AWNET makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.
|14. BREACH AND REVOCATION
|AWNET reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that:
(a) you materially breach this Agreement;
(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; or
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement.
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 AWNET) 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 AWNET, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.
You also agree that AWNET 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 AWNET receives 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 AWNET's inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request;
shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
|15. OTHER TERMS AND CONDITIONS
|Force Majeure. AWNET shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, 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.
Non-Waiver. The failure of AWNET to require your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by AWNET of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Survival. The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.
Notice. You agree that any notice or communications required or permitted to be delivered under this Agreement by AWNET to you shall be deemed to have been given if delivered by e-mail, overnight mail in accordance with the contact information you have provided.
Governing Law. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all contemplated by this Agreement shall be governed by the laws of the United Kingdom.
Legal Fees. If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
Assignment. You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without the prior written consent of AWNET However, in the event that AWNET consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
|Entire Agreement.This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. 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 here in.
Amendment in Writing This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of AWNET
Further Assurances. The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
Relationship of the Parties. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
Joint and Several Obligations. If any party consists of more than one entity, their obligations here under are joint and several.
No Third Party Beneficiaries. This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
Severability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. AWNET 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 AWNET as reflected in the original provision.
|Specific Domain Name Registration Agreements for .UK domains may be found by choosing the link to Nominet here (www.nominet.uk/uk-domains/policies/).