VirtualServers Term and Conditions
Please note that The Company provides internet based services – web hosting, email, domain management and additional internet services. The Company reserves the right to suspend or cancel a Customers’ access to any or all services when an account has been inappropriately used or otherwise. We reserve the right to change our Terms and Conditions when necessary due to the continual evolving nature of our business. It is your responsibility to ensure that you are up to date with our Terms and Conditions.
By signing up for any service you agree to be bound by all terms and conditions irrespective of the mode or manner of ordering employed by you when ordering our 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.
General Terms and Conditions applicable to all services follow:
In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to The Company. This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting our 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 service(s) or to modify or cancel your service(s) (even if we were not notified of such authorisation), this Agreement covers any such service or actions.
2. ACCURATE INFORMATION:
As consideration for the 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.
3. FEES AND PAYMENT, REFUNDS -TERMS, RENEWALS AND TERMINATIONS:
3.1 As consideration for the Service(s), you agree to pay the applicable Service(s) fees set forth on our Web site at the time you request the Service. All fees are due immediately and are non-refundable as provisioning of your service commences immediately. Each domain name registration is for an initial term, or such longer term as you may order or as may be required by a particular registry administrator, and is renewable thereafter for successive periods, as set forth during the renewal process. Where a domain name is given free with another service, e.g. web hosting, the domain is free of charge for the initial registration period only. Subsequent years renewal will be charged at the prevailing rate listed on our website.
3.2.1 All payments must be in US Dollars. If your check is returned by the bank as unpaid for any reason, or if your credit card is declined you may be liable for an administration charge of up to $45.
3.2.2 All monthly packages must be paid by a recurring method of payment and as per agreed payment terms. Failure to do so will result in contact from our Collections Department and an admin fee of $35 may be incurred each time a letter is issued.
3.3 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.
3.4 You agree to pay all taxes related to the Service(s) provided to you hereunder. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less
3.5 In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or renewal fee, you acknowledge and agree that the Service for which such fee has not been paid within 14 days of the due date may be suspended, cancelled or terminated, in our sole discretion, or, in the case of a domain name, transferred to us as the entity that has paid the applicable fee to the registry. After 21 days of the payment due date, we reserve the right to cancel the service. In addition, we reserve all rights regarding such domain name registration including, without limitation, the right to make the domain name registration available to other parties for purchase. We will reinstate any such Service solely at our discretion, and subject to our receipt of the applicable Service or renewal fee and our then-current reinstatement fee.
3.6 ALL FEES ARE NON-REFUNDABLE , IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM. We reserve the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at our sole discretion, without prior notice to you.
3.7 You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you 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.
3.8 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;
3.9 Due to the nature of domain name registration, all sales are final. No refunds can be issued once a domain name is registered. We may take all remedies available to collect fees owed.
TERM OF SERVICE
3.10 Unless otherwise specified, each service is for an annual term, and unless otherwise specified at time of commencement of service, all services will incur an annual fee. To protect your services all services will renew automatically unless you opted out of the auto renew process. Auto renewal is a service offered by Easyspace to protect the customer, whereby products and services, except those subscribed to on a monthly basis, will by default be automatically renewed prior to expiration date. If you have opted out of auto renew it will be your responsibility to renew or cancel services that you no longer require at the appropriate time. A number of attempts will be made to process the automated renewal of customer products and services. Auto Renewal attempt one will take place 30 days prior to expiration date of a service. Should this attempt fail, a second attempt will take place 14 days prior to expiration. If this second attempt fails than a third attempt will take place 7 days prior to expiration. If this third attempt fails, then a final attempt will be made 1 day prior to expiration of your service. Should this attempt also fail, then the product must be renewed manually via the control panel or by calling our sales team.If your chosen payment method is not authorised by your credit card provider, bank or if you do not have a card assigned to auto renew, you hereby authorise us to seek payment from any other credit card or direct debit registered against your account at any of the uplift dates. If a service is set for automatic renewal and the default card has expired we reserve the right to attempt an uplift as the card may have been renewed.
Customers will have the option within the Control Panel to opt out of the Auto renew service, however an additional £ 3 fee will be added to all renewals administered manually. Additional payment terms will apply to certain services.
You are solely responsible for ensuring that your services are renewed and you are solely responsible for ensuring there is adequate funding for the services to be renewed. For all packages purchased for a monthly term there is a minimum contract length of 3 months from date of purchase.
3.11 Any renewal of your Services with us is subject to our then current terms and conditions, including, but not limited to, payment of all applicable Service fees at the time of renewal and, in the case of renewal of a domain name registration, the registry administrator's acceptance of such renewal. Except with respect to Services to which you subscribe on a monthly basis, we will attempt to provide you a renewal reminder prior to the renewal of your Services at least sixty (60) days in advance of the renewal date. In the case of domain name registrations, we will attempt to send this reminder by email to the administrative contact on file for the domain name registration. Additional payment terms apply to certain services, as set forth in this Agreement.
3.12 You are solely responsible for ensuring the Services are renewed. WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
3.13 Except as otherwise provided in this Agreement, you agree that, during the term of this Agreement, we may: (1) revise the terms and conditions of this Agreement; and/or (2) change the Services provided under this Agreement, in whole or in part, at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the Service(s) on our Web site, or upon transmission to you at the e-mail address or postal address provided by you for the registrant or administrative contact of your domain name, or such other email address as you may provide in connection with any Service purchased from Us; provided, however, that terms and conditions for new services shall be effective immediately upon posting on our Web site and will be applicable to you when you order such new Service(s). Your continued use of any Service(s) purchased through us shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by us, each with the new modifications. If you do not agree to any of such changes, you may request that your Service(s) be cancelled or that your domain name registration be transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by us from time to time.
3.14 We shall have the right to terminate this Agreement by notice in writing to the Customer if any of the following events occur
3.15 Customer fails to make any payment when it becomes due to us.
3.16 Customer is in beach of any of its obligations under this Agreement
3.17 A receiver or liquidator is appointed over the Customer or any of its assets
3.18 Customer enters or proposes to enter into any arrangements with its creditors, including voluntary arrangements
3.19 If the Client terminates this Agreement during the contract period other than because The Company has increased its Charges or materially changed the terms of this Agreement to the Client's detriment, the Client must pay us the applicable Charges for the remainder of the contract period.
3.20 Either party may terminate this Agreement or the Service provided under it forthwith by notice to the other if
3.21 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
3.21.1 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
3.21.2 the other fails to pay any Charges when due; or
3.21.3 the other party passes a resolution for discontinuing operations or a court makes an order to that effect; or
3.21.4 the other party ceases to carry on its business or substantially the whole of its business; or
3.21.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer is appointed over any of its assets; or
3.21.6 If the bandwidth used for traffic to and from the web site is deemed by us to affect the performance of other client websites. Notwithstanding any other remedies it may have under these Terms and Conditions or in law, we reserve the right to charge you a suitable monthly fee.
3.22 If any of the events detailed above occur as a result of our default, we may request that you disconnect the Service or any part of it without prejudice to our right to terminate this Agreement. Where the Service or any part of it is disconnected under this paragraph, the Client must pay the Charges for the Service until this Agreement is terminated.
3.23 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights.
3.24 On termination of this Agreement for any reason: we shall have the right immediately to remove any Apparatus from the Premises; and all amounts owing for the Service shall be due and payable in full on demand whether or not then due and Client shall have no right to withhold or set off such amounts; and we may delete all e-mail, Websites, and other data stored on the Service by the Client and re-use the e-mail addresses, domain names not held by the Client and Web-spaces. We shall not exercise this right for four weeks in the case of termination by us other than for breach by Client; and we shall transfer any domain names held by the Client to another ISP at the prevailing domain name transfer charge.
3.25 Consequences of Termination
3.25.1 . Upon the termination of any Agreement for any reason whatsoever: the Client shall promptly return to us all copies of Software in his possession; and we may cease to host the Web Site or any service with immediate effect; and each party shall on request promptly return any documents or papers relating to the business of the other party (including any of the other party's Confidential Information) which it then has in its possession or control.
3.26.1 We may assign or otherwise transfer this Agreement at any time. Client may not assign or otherwise transfer this Agreement or any part of it without our written consent.
3.27 SUSPENSION, CANCELLATION, TRANFER OR MODIFICATION OF SERVICE(S)
3.27.1 You acknowledge and agree that we may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in our sole discretion and without notice to you. You also acknowledge and agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. Without limiting the foregoing, we may, in our sole discretion, suspend, cancel, transfer or modify a domain name registration (a) to correct mistakes made by us, another registrar, or the applicable registry administrator, (b) to resolve a dispute related to that domain name, (c) within thirty (30) calendar days of the creation date of that domain name registration, (d) if you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by us, (e) if you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (f) if you use a domain name in connection with unlawful activity.
3.28 INTELLECTUAL PROPERTY RIGHTS:
3.28.1 You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name or content on your website;
3.29.1 You agree to defend, indemnify and hold harmless the company, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to (i) your use of or connection to the Services, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular Service registered in your name, (ii) your use of any domain name registration or other Service; (iii) your Content; (iv) your breach or violation of any term, condition, representation or warranty of this Agreement; or (v) your violation of any rights of others. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
3.29.2 You additionally agree to indemnify, defend and hold harmless the applicable registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.
3.30 LIMITATION OF LIABILITY:
3.30.1 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;
3.30.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence;
3.30.3 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;
3.30.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising;
3.30.5 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;
3.31. FORCE MAJEURE:
3.31.1 Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, provided that the party relying upon this section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, we may immediately terminate this Agreement and shall have no liability therefore.
3.32.1 Any notice to be given by you to us must be sent by recorded delivery to us at the address appearing in this Agreement or ancillary application forms or such other address as we may from time to time have communicated to the you in writing; notices sent shall be deemed to be served two days following the date of posting;
3.33.1 This Agreement shall be governed by and construed in accordance with Scottish law and you hereby submit to the non-exclusive jurisdiction of the Scottish courts.
3.34.1 Our privacy statement sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, we have the right to terminate this agreement forthwith without notice to you. We will not refund any fees paid by you if you terminate your Agreement with us. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement and we will take reasonable precautions to protect your personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party's personal data has been collected, (ii) the intended recipients or categories of recipients of the third party's personal data, (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information. Even if you intend to license the use of our domain name registration services to a third party, you will remain our customer and you are responsible for complying with all terms and conditions of this Agreement. Subject to the requirements of our privacy statement, in order for us to comply the current rules and policies for the domain name system, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a domain name: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s); (iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s); (v) the corresponding names of those nameservers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration. We, as are all accredited domain name registrars, are also required to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.
3.35.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
3.36. ENTIRE AGREEMENT:
3.36.1 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.
3.37. DISCLAIMER OF WARRANTIES
3.37.1 THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," AS AVAILABLE BASIS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR IN SECTION 1(A) OF THIS AGREEMENT, THE COMPANY LIMITED MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SERVICE GUARANTEES, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. THE COMPANY LIMITED FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY: (i) THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR (iv) THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY US, ITS EMPLOYEES, LICENSEES OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNISE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
3.38.1 You agree and acknowledge that any acceptance of your application for the Services and the performance thereof will occur at our offices in the UK , the location of our principal place of business.
3.38.2 Except as otherwise set forth herein, your rights under this Agreement are neither assignable nor transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement void at our option. You agree not to resell any of the Services without our prior express written consent unless you have a reseller arrangement. 3.38.3 Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Except as expressly stated herein, this Agreement shall not be construed to create any obligation by us to any non-party to this Agreement.
The failure of the company to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 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. We 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 the company as reflected in the original provision.
SPECIFIC TERMS FOR SERVICES
The following terms relate directly to services:
4. DOMAIN REGISTRATION
Domain Names have a variety of basic rules for registration including acceptable characters. Whilst these vary in some respects from registrar to registrar there are some fundamental rules which apply to all. As a guideline, see the following:
From 3 to 63 characters.(Not including the extensions)
May not begin or end with a hyphen
Only for bona-fide business use
Must have less than 63 characters.(Not including .TV)
May not begin or end with a hyphen
From 3 to 63 characters.(Not including the extensions)
May not begin or end with a hyphen
NOTE: Domain names are not case sensitive. This means that an uppercase and a lowercase letter are considered to be the same. (AAA.com. aaa.com, and AaA.com are all the same domain name.)
Acceptable characters include letters (A-Z), numbers (0-9), and hyphens (-).
1. These domain names may not begin or end with a hyphen.
2. Must have more than 3 characters and less than 64 characters. (not including .com, .net, .org or .info)
Acceptable characters include letters (A-Z), numbers (0-9), and hyphens (-).
1. These domain names may not begin or end with a hyphen.
2. Must have more than 3 characters and less than 64 characters. (not including .biz)
3. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purpose.
Acceptable characters include letters (A-Z), numbers (0-9), and hyphens (-).
1. These domain names may not begin or end with a hyphen.
2. Must have less than 64 characters. (not including .tv)
.co.uk (and other .uk domains)
Acceptable characters include letters (A-Z), numbers (0-9), and hyphens (-).
1. These domain names may not begin or end with a hyphen.
2. Must have more than 3 characters and less than 64 characters. (not including .com, .net, .org or .info)
As stated previously this list is not exhaustive. We make every effort to ensure that our registration systems do not allow you to bypass these registration rules however there are some occasions where this may not be possible and our checking procedures may fail. Clients are always advised to seek guidance if they are at all unsure about the domain name they have chosen and its validity. Due to the variety of possible causes for the failure of the domain name validity checker, we cannot be held responsible if a customer attempts to register an invalid domain and that this request is subsequently accepted by our systems. Acceptance of the invalid order by our systems does not constitute acceptance of the domains registration by the relevant domain registry.
Generic Top Level Domain Registrations
4.1 Our sister company, Easyspace Ltd. Is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for various generic top-level domain names including .com, .net, .org, .biz, .info, and .name ("gTLDs"). Easyspace Limited will be providing us with domain name services that we in turn provide you.
4.2 Registrant agrees, as a condition to submitting this Registration Agreement, and if the Registration Agreement is accepted by us, that on successful registration of any domain name under this Agreement, the Registrant is bound by our current dispute policy and the dispute policy procedures. Registrant acknowledges that the dispute policy described in this clause 4 is the Uniform Domain Name Dispute Resolution Policy (the "URDP Dispute Policy"). Registrant agrees that in respect of the pre-registration or registration of any domain names, other dispute policies may apply as specified by the registry administrator of those domain names from time to time. Registrant agrees that we may change or modify the UDRP Dispute Policy, incorporated by reference herein, at any time. Registrant agrees that Registrant's maintaining the registration of a domain name after changes or modifications to the UDRP Dispute Policy become effective constitutes Registrant's continued acceptance of these
changes or modifications. Registrant agrees that any dispute relating to registration or use of its domain name will be subject to the provisions specified in the UDRP Dispute Policy. Without prejudice to other potentially applicable jurisdictions, Registrant submits to the jurisdiction of the courts as provided in the UDRP Dispute Policy. The UDRP Dispute Policy can be viewed at our company website.
4.2.1 Should you seek to register a .TEL op level domain, you must agree to be bound by the following additional terms:
4.2.2 Responsibility for Content. The Registrant is solely and fully responsible for all information, data and text (“Content”) provided in connection with the .Tel Domain Name. The name service provider, its service providers and designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content.
4.2.4 Representations and Warranties. By submitting a request for a domain name, Registrant represents and warrants that:
to its knowledge, the Content does not and will not infringe upon or otherwise violate the rights of any third Party;
it does not intend to use the Content for any unlawful purposes;
it will not knowingly submit Content in violation of any applicable laws or regulations or of the rights of any third parties; and
it will comply with the TLD Requirements.
4.2.5 Communications with the Registrant. Registrant hereby agrees that Telnic shall have the right to communicate directly with the Registrant in connection with any issue relating to a domain name and the Registrant’s membership of the .tel community. The Registrant will respond promptly to such communications from Telnic and will resolve any errors in Content notified to the Registrant.
4.2.6 Jurisdiction and Applicable Law. Any dispute, controversy or claim between the Registrant and Telnic relating to a Domain Name or a request for a Domain Name shall be subject to the laws of England and Wales and the Parties submit to the exclusive jurisdiction of the courts of England and Wales.
Country Code Top Level Domain Registration and Administration
4.3 In addition to registering and renewing gTLD domain name registrations, we also register and renew various country code top level domains ("ccTLDs"). The registry administrator for each ccTLD varies by individual country code. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by these registry administrators for their respective registries only. We may, in our sole discretion, elect to discontinue offering registrations or renewals of some or all ccTLDs.
No Guarantee of Registration or Renewal
4.4 Easyspace Ltd., as a domain name registrar, upon accepting your application to register or renew a domain name, is your sponsor for that application. No domain name registrations shall be deemed effective unless and until we deliver the domain name registration or renewal application you provide us to the appropriate registry administrator, as applicable, and that registry administrator accepts your application and activates your domain name registration or renewal. You will be entitled to a refund only if your registration is unsuccessful.
4.5 You acknowledge and agree that the company does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available or you are able to complete an order with respect to such name. You also understand that the company cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that the company is not responsible for any inaccuracies or errors in the domain name registration or renewal process. You are solely responsible for making sure that your registration or renewal has been properly processed. You further acknowledge and agree that the company may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that the company is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.
4.6 By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate, and your contact information will be kept current; (b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not use the domain name in violation of any applicable laws or regulations or the company’s rules or policies. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights.
Domain Name Registrant
4.7 We consider the entity named as the administrative contact for the domain name at the time the controlling user name and password are secured to be the registrant of that domain name and that entity is your agent with full authority to act on your behalf with respect to the domain name registration or any other services obtained from us, including (but not limited to) the authority to terminate, transfer (where permitted by the Agreement), or modify such services, or obtain additional services.
4.8 The transfer of a domain name to another registrar or a new registrant by the existing registrant may result in any services associated with the domain name being terminated.
Provisions for Non-Roman Alphabet Names
4.9 You acknowledge and agree that the company cannot guarantee the functionality of non-roman alphabet language domain names, or that its non-roman alphabet language registration service will be error-free, in that the company cannot know with certainty whether or not the non-roman alphabet language domain name you are seeking to register or renew will be translated properly by the Internationalized Domain Name System. Furthermore, you acknowledge that the company or the registry administrator may be required to suspend, modify or cancel your non-roman alphabet language registration in order to comply with new ICANN or IETF rules, regulations or standards that apply to such registrations.
Changes to this Agreement or to Additional Rules or Policies
4.10 You agree that the company may modify this Agreement, as well as any additional rules or policies that are or may be published by the company as necessary to comply with Easyspace’s ICANN agreement, or with any other agreements that the company is currently bound by or will be bound by in the future, or for any other reason in the company’s sole discretion.
Domain Registration Information and Its Use
4.11 In addition to such other information that we may require you to provide in order to obtain the Services, the company requires that you submit the following information in connection with domain name registration, administration and renewal services:
4.11.1 Domain Name Registration, Administration and Renewal Services
The information you are obligated to provide and keep current in connection with your use of the company’s domain name registration, administration, and renewal services is the following:
Your full name (or the name of the entity and authorized contact person, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, where available;
The domain name being registered; and
The name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration.
You acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed, in the company’s sole discretion.
4.11.2 Additional Information Maintained
In addition to the information you provide, we maintain records relating to any domain name application received by The Company, as well as any domain name registered through, administered, or renewed by The Company through Easyspace Ltd. We also maintain records relating to other Services that we provide to you. These records may include, but are not limited to:
The original creation date of a domain name registration, renewal, or request for Services;
The submission date and time of a registration or renewal application, or request for Services to us and by us to the proper registry;
Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us;
Records of your account, including dates and amounts of all payments and refunds;
The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
The corresponding names of those nameservers;
The name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name;
The expiration date of a domain name registration; and
Information regarding all other activity between you and us regarding your use of the services.
4.12 In the event that (i) in applying for Service(s) or the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
4.13 You acknowledge and agree that wilfully providing inaccurate or unreliable information or wilfully failing to update information promptly will constitute a material breach of this Agreement that will be a sufficient basis for cancellation of your domain name registration or Service(s), in our sole discretion. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to an inquiry by The company Limited concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be a sufficient basis for cancellation of your domain name registration.
4.14 You agree and understand that the foregoing registration data will be publicly available and accessible on the WHOIS directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Accreditation Agreement, available at ICANN's site. For bulk services in respect of the registration data which are provided by Easyspace Limited, if the Registrant does not consent to the use of such information for inclusion in registers and data bases produced by The Company Limited or its licensees, then the Registrant is required to provide non consent verification stating name, address, date and signed by the appropriate authorised individual. This must be sent to Lister Pavilion, Kelvin Campus, West of Scotland Science Park, Glasgow , G20 0SP , UK .
4.15 You hereby consent to any and all such disclosures and use of, guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any Services (including any updates to such information), whether during or after the term of your registration of a domain name or other Services. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by The Company.
4.16 We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
4.17 The Company will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorised access or disclosure or use, or alteration or destruction, of that information. The company Limited will have no liability to you or any third party to the extent such reasonable precautions are taken.
Ownership of Data
4.18 You acknowledge and agree that The Company owns all database, compilation, collective and similar rights, title and interest worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to The Company a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (a) the original creation date of a domain name registration or other Service, (b) the expiration date of a domain name registration or other Service, (c) the name, postal address, email address, voice telephone number, and where available fax number of the contact person for a Service, or of the registrant, technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any other information concerning a registered domain name or Service that appears or may appear in a WHOIS database or The company Limited database, and (e) any other information we generate or obtain in connection with the provision of the Services. The company Limited does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name and The company Limited databases.
Transfers; Agents and Licenses
4.19 You agree that you may not transfer a domain name registration to another domain name registrar during the first sixty (60) days from the effective date of the initial domain name registration with us. After that time, you may transfer your domain name registration to a third party domain name registrar of your choice, subject to our then-current policies and procedures incorporated herein by reference.
4.20 You agree that, if you are using the Services for someone else, you represent and warrant that you have: (a) provided notice to that third party of your intent to purchase the Service(s); (b) obtained that third party's express consent to purchase the Service(s) on its behalf; and (c) the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the UDRP. (A current copy of the UDRP is available at www.VirtualServers.com.com/UDRP-policy.htm). You accept liability for harm caused by wrongful use of the Services.
4.21 You agree that if you license the use of a domain name or other Service registered in your name to a third party, you nonetheless remain the Service holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own 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 the domain name registration or Service. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name registration, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.
4.22 You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including The Company) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that The Company shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as The company receives what reasonably appears to be (a) an authentic notification from a court of competent jurisdiction, or (b) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.
4.23 Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Scotland , as if the Agreement was a contract wholly entered into and wholly performed within Scotland . Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration, any action to enforce this Agreement or any matter relating to your use of the company Limited site shall be brought exclusively in the courts of Scotland .
4.24 Notwithstanding the forgoing, for the adjudication of third party disputes (i.e., disputes between yourself and another party, not The company Limited) concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) England and Wales.
4.25 You agree that, unless other instructions are posted on The Company’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
Parked Domain Holding Pages
4.27 The default holding page used by VirtualServers.com displays advertising links. All advertising links are dynamically generated. For customers who do not want links appearing under their domain, a replacement page must be uploaded. This can be done by creating a new page and uploading (if you have hosting) or by taking advantage of the free web page available to all domain holders via the VirtualServers.com Control Panel
5. SERVICE AVAILABILITY:
5.1. Our services are subject to scheduled and unscheduled outages which will impact your ability to use our services. We will use commercially reasonable efforts to both inform you well in advance of scheduled outages and restore the service in the event of a scheduled or unscheduled outage.
System Performance Degradation
5.2 The Company depends upon its own and third party, including registry administrators, computer systems to provide the Services, and to provide timely information to its customer service team. Occasionally, these computer systems are subjected to exceptional volumes of incoming data, service requests, processes, electronic mail messages, and/or WHOIS queries that result in significant degradation of system processing and response time. Regardless of the reason, in those instances when there is system performance degradation, The Company reserves the right, in its sole discretion, to filter or block electronic messages, data and/or processes originating from or travelling to the identified sources of the high volume traffic. The Company will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. The Company further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic. 5.3 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; 5.4 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.
6. NETWORK CONNECTIVITY & BANDWIDTH
6.1 Whilst every effort is made to guarantee the bandwidth there may be downtime incurred. You accept that this may occur and there is no liability on us other than what is reflected in our SLA.
6.2 Any access to other networks through the Services must comply with the rules appropriate for those other networks.
6.3 We may assign to the Server on a temporary basis a number of Internet Protocol Addresses ("IP Addresses") from the address space assigned to Us by the RIPE. You acknowledge that the IP Addresses are the sole property of The company, and are assigned to You as part of the Services, and agree that You will have no right to IP Addresses upon termination of this Agreement. We reserve the right to change the IP Address assignments at any time.
6.4 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Services.
7.1 With the purchase of our services, we grant you a non-transferable, nonexclusive license to use software, in object code form only and only for your internal needs on the Hardware provided.
7.2 You agree that You will not:
7.2.1 Copy the Software.
7.2.2 Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software.
7.2.3 Sell, lease, license, transfer or sublicense the Software or the documentation.
7.2.4 Write or develop any derivative or other software programs, based, in whole or in part, upon the Software.
7.3 This Agreement transfers to you neither title nor any intellectual property rights to the Software, documentation, or any copyrights, patents or trademarks, embodied or used in connection therewith, except for the limited license to use in Section 12.1.
7.4 Any third party software is supplied to you on the basis of the relevant third party's license terms with which you agree to comply.
7.5 We will use Our reasonable endeavours to check the Software for the most commonly known viruses prior to delivery to you. However, you are solely responsible for virus scanning the Software and we give no warranty that the Software will be free from viruses.
7.6 You acknowledge that software in general is not error-free, and agree that the existence of such errors will not constitute a breach of this Agreement.
8. SUPPORT& MANAGEMENT SERVICES
8.1 We will install the Software detailed in the product specification onto the Hardware in our standard configuration free of additional charge.
8.2 We will endeavour to apply security patches or take mitigating action such as blocking certain network traffic to maintain the integrity of the Server when we are made aware of a security vulnerability in Software installed as standard and we deem a threat considering the intended use of the Services for web site hosting. However we do not warrant that the Software will be free from defects or vulnerabilities nor that the Server will be free from unauthorised users or hackers.
8.3 We are not obliged to install onto the Server any additional software for you or modify the configuration of existing software from its default. You acknowledge that should we agree to do so, a charge may be made to cover employee time.
8.4 We provide technical support relating to the Server and Software physically functioning. We do not offer technical support for application specific issues such as CGI programming, HTML or any other such issue.
8.5 We do not provide technical support for your customers.
8.6 Our obligation to provide support and management services will not extend to:
8.6.1 Software or systems not installed as standard by us.
8.6.2 Software or systems configured or modified by you other than through the provided web based control panel.
8.6.3 Correction of faults arising from your failure to comply with instructions or recommendations provided by us directly or through documentation and manuals.
8.6.4 Rectification of lost or corrupted data.
8.7 We may at any time and from time to time improve, correct or otherwise modify all or any of the Services (including substituting Software and/or Server with software or equipment of similar specification) provided that such modification does not materially affect provision of the Services to the you. We will endeavour to give you reasonable notice of any such modification, where this is reasonably practicable.
9. DATA BACKUP
9.1 Unless you purchase a data backup product as an additional cost option, We will make no backups of the data stored on the Server beyond that which is advertised.
9.2 In the event that you purchase a data backup product we will endeavour to make backups of the data stored on the Server and make them available to you in accordance with the specification of the data backup product.
9.3 Regardless of whether you purchase a data backup product, we shall have no liability for any loss or damage to any data stored on the Server or backup mediums.
9.4 We recommend that you make a backup of all data on the Server regardless of whether you have purchased a data backup product. We will not be held liable if a backup is not available to you.
10. USE OF SERVICES
10.1 You shall keep secure any identification, password and other confidential information relating to your account or the Services and shall notify us immediately of any known or suspected unauthorised use of the Services or breach of security, including but not limited to loss, theft or unauthorised disclosure of Your password or other security information. 10.2 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Services which is detrimental to our other customers. 10.3 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. 10.4 You are solely responsible for the content of any postings, data or transmissions using the Services or any other use of the Services by you or by any person or entity. 10.5 You represent, undertake and warrant to us that neither you or any person or entity will use the Services for illegal, disruptive or objectionable purposes. 10.5.1 You will not upload, post, link to or transmit: 10.5.2.1 any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way. 10.5.2.2 any material containing a virus or other hostile computer program. 10.5.2.3 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. 10.5.3 All email sent using the Services, or which refers to content hosted on the Services will be in accordance with applicable legislation (including data protection and electronic communications legislation). 10.5.4 You will not use the Services in any manner which interferes with, or disrupts, other network users, services or equipment including, without limitation, unsolicited advertising or chain letters, inappropriate news group or forum posts, wrongly impersonating another user and falsifying one's network identity. 10.5.5 You will not use the Services to make or attempt to make unauthorised entry to any other machine accessible location, via the network. 10.5.6 You will not use the Services to host an Internet Relay Chat (IRC) server or bot that is part of or connected to another IRC network or server. 10.6 If we have reasonable grounds to believe that you are or have been utilising the Services for any such illegal, disruptive or objectionable purpose, we may immediately, without prior notice to you: 10.6.1 Suspend the Services.
10.6.2 Terminate this Agreement.
10.6.3 Amend, remove from the Server or prevent access to the offending material or content.
10.7 You shall defend, indemnify and hold harmless us from and against all liabilities and costs (including reasonable solicitor's fees and litigation expenses) from any and all claims by any entity arising out of your use of the Services, including those without consent.
11.1 We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to You If you: 11.1.1 fail to pay any sums due to Us as they fall due.
11.1.2 break any of these terms and conditions.
11.2 Without prejudice to our other rights and remedies, We may at our sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:
11.2.1 Notified or unscheduled upgrade or maintenance of our IT systems.
11.2.2 Issue by any competent authority of an order which is binding on us which affects the Services.
11.2.3 We deem at our sole discretion that the network or system resources used by you in relation to the Services warrants suspension to protect the services provided by us to all or any of our other customers.
11.3 You may cancel the services at any time after the minimum term stated during sign-up. If you wish to cancel your server with us before your term is over, you may do so automatically through your control panel. No refund will be made on the service.
11.4 On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your server and to remove all data located on the server.
11.5. Special offer specific terms and conditions will be displayed on the special offers page where appropriate
12 Additional Virtual Server products
Bursting of RAM allocation on Virtual Server packages
The bursting feature is intended to be for short term usage. Examples of short term usage include installation of software or a spike in traffic which requires additional memory temporarily. If usage of bursting on the virtual server is shown to be in excess of what is considered normal usage, VirtualServers.com reserve the right to suspend any or all of the service at any time, without prior notice, explanation, or recompense.
VirtualServers.com may offer add on services such as an automatic backup option.
VirtualServers.com shall use reasonable efforts to provide Automatic Backup services on a 24 hours a day,7 days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Automatic Backup services may be inaccessible for reasons including but not limited to: (a) malfunctions; (b) maintenance procedures or repairs that VirtualServers.com may undertake from time to time; or (c) things beyond the control of VirtualServers.com or that are not foreseeable by VirtualServers.com, including, without limitation, interruption or failure of digital transmission links, hostile network attacks, IP congestion and any other failures outwith our control.
This information is for customers who may wish to have additional ports opened.
If the request for additional ports is made within the first 5 days of the sale, additional ports will be provided free of charge.After the initial 5 days, this managed service will incur a charge.
SCHEDULE A: Terms and Conditions Regarding Use of Microsoft Software
This document concerns your use of Microsoft software, which includes computer software provided to you by US as described below, and may include associated media, printed materials, and "online" or electronic documentation (individually and collectively "SOFTWARE PRODUCTS"). We do not own the SOFTWARE PRODUCTS and the use thereof is subject to certain rights and limitations of which The company needs to inform you. Your right to use the SOFTWARE PRODUCTS is subject to your agreement with Us, and to your understanding of, compliance with and consent to the following terms and conditions, which WE do not have authority to vary, alter or amend.
"Client Software" means software that allows a Device to access or utilize the services or functionality provided by the Server Software. "Device" means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, "smart phone," or other electron device. "Server Software" means software that provides services or functionality on a computer acting as a server. "Redistribution Software" means the software described in Paragraph 4 ("Use of Redistribution Software") below.
A.1. Ownership of Software Products
The SOFTWARE PRODUCTS are licensed to Us from an affiliate of the Microsoft Corporation ("Microsoft"). All title and intellectual property rights in and to the SOFTWARE PRODUCTS (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE PRODUCTS) are owned by Microsoft or its suppliers. The SOFTWARE PRODUCTS are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the SOFTWARE PRODUCTS does not transfer any ownership of the SOFTWARE PRODUCTS or any intellectual property rights to you.
A.2. Use of CLIENT SOFTWARE
You may use the Client Software installed on your Devices by Us only in accordance with the instructions, and only in connection with the services, provided to you by Us.
A.3. USE OF REDISTRIBUTION SOFTWARE
In connection with the services provided to you by Us, you may have access to certain "sample," "re-distributable" and/or software development ("SDK") software code and tools (individually and collectively "Redistribution Software"). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS ("SPUR") APPLICABLE TO US, WHICH TERMS MUST BE PROVIDED TO YOU BY US. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by Us.
You may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you may (a) make one (1) copy of Client Software on your Device as expressly authorized by Us; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Us upon notice from Us or upon transfer of your Device to another person or entity, whichever first occurs. You may not copy any printed materials accompanying the SOFTWARE PRODUCTS.
A.6. Limitations on Reverse Engineering, De-compilation and Disassembly
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable law, notwithstanding this limitation expressly permits such activity.
A.7. No Rental
You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the SOFTWARE PRODUCTS to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE PRODUCTS.
Without prejudice to any other rights, We may terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.
A.9. No Warranties, LIABILITIES OR REMEDIES BY MICROSOFT
ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY US AND NOT BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.
A.10. PRODUCT SUPPORT
Any product support for the SOFTWARE PRODUCTS is provided to you by Us and is not provided by Microsoft or its affiliates or subsidiaries.
A.11. NOT FAULT TOLERANT
THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
A.12. EXPORT RESTRICTIONS
The SOFTWARE PRODUCTS are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCTS, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
A.13. LIABILITY FOR BREACH
In addition to any liability you may have to Us, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
SCHEDULE B: Microsoft Licenses Provided With Products
This document details the type of Microsoft license together with key usage rights and restrictions of such license as is provided with Our range of dedicated server products. These rights and restrictions are not exhaustive and it is Your responsibility to ensure that Your use of the Services complies with the Microsoft license provided. Should You wish to use the Services in a manner which does not comply with the Microsoft license provided as standard You must make arrangements with Us to obtain the appropriate license type.
B.1. Windows Server 2003 Web Edition
Windows Server 2003 Web Edition Processor License. The Server Software may be used solely for deployment of Web pages, Web sites, Web applications, Web services, and POP3 mail serving. You may install web server software (for example, Microsoft Internet Information Services), non-enterprise database engine software licensed to support not more than twenty-five (25) concurrent Users (for example, Microsoft SQL Server Desktop Engine), or web availability management software (for example, Microsoft Application Center). These applications may access data from any one or more of the following applications deployed on a separate Server: (i) database software (such as Microsoft SQL Server), and or (ii) business application software (for example, enterprise email, enterprise resource planning, and customer relationship management). Any other usage of the Server Software is not permitted.
B.2. Windows Server 2003 Standard Edition
Windows Server 2003 Anonymous Processor License. You may allow only the following Users to use or access the Server Software: (i) Users who access the Server Software solely through the Internet and are not authenticated or otherwise individually distinguished by the Server Software or a Multiplexing Service (for example, by browsing a public website anonymously). (ii) Users who access and use the Server Software solely as a platform for server applications (excluding applications that have direct or indirect interaction with Windows authentication services (when user or application credentials are exchanged between the Server Software and a User or Device), for example without limitation Microsoft Exchange Server and Microsoft SharePoint Portal Server). A "Multiplexing Service" is a software application or service accessing or using the Server Software at the request of or on behalf of a User. No other Users may use or access the Server Software with the limited exception that you may permit up to five (5) other Users to use or access the services of a Server running the Server Software.
B.3. SQL Server 2000 Standard Edition
SQL Server 2005 Standard Edition Processor License.
Virtual Server Promotions
August 2009: 50% off all virtual servers
- 50% discount applies to new server purchases only. Renewals will not be discounted.
- All Ruby, MetaTrader, Edge and Swarm servers are included in this offer.
- 50% discount applies to both monthly and annual contracts.
- Discount applies to first 12 months of contract only, regardless of whether paid monthly or annually.
- Customers owning a virtual server for less than 12 months will have discount applied to months of ownership only (i.e. if cancelled after 5 months, discount will end after 5 months).
- 50% discount applies to servers only. Addons such as distribution packs, Control Panels, domain names etc will not be discounted.
- Virtualservers.com reserves the right to end this offer at any point without notice.
- Virtualservers.com reserves the right to update the terms and conditions of this offer at any point with notice.
- Offer ends on 14th September 2009
Swar m Server Offer - Date: June 2010
The Swarm server offer will end in Dec 2010. All cusotmers will continue to get their servers at the rate as of December 2010.