1.
Domain Name Registration
We make no representation that the domain name you wish to register is
capable of being registered by or for you or that it will be registered
in your name. You should therefore not assume registration of your
requested domain name(s) until you have been notified that it has or
they have been registered. Any action taken by you before such
notification is at your risk.
The registration and use of your domain name is subject to the terms and
conditions of use applied by the relevant naming authority; you shall
ensure that you are aware of those terms and conditions and that you
comply with them. You shall have no right to bring any claim against us
in respect of refusal to register a domain name. Any administration
charge paid by you to us shall be non-refundable notwithstanding refusal
by the naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain
name; any dispute between you and any other person must be resolved
between the parties concerned in such dispute. If any such dispute
arises, we shall be entitled, at our discretion and without giving any
reason, to withhold, suspend or cancel the domain name. We shall also be
entitled to make representations to the relevant naming authority but
will not be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment
for that domain has been received by us.
2. Web
Site Hosting And Email
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.
You shall effect and maintain adequate insurance cover in respect of any
loss or damage to data stored on the Server.
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.
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.
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.
you will not send bulk email whether opt-in or otherwise from our
network. Nor will you promote a site hosted on our network using bulk
email.
you will not employ programs which consume excessive system resources,
including but not limited to processor cycles and memory.
We reserve the right to remove any material which we deem inappropriate
from your web site without notice. We do not host Warez, Adult or
illegal MP3 content.
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.
You shall observe the procedures which we may from time to time
prescribe and shall make no use of the Server which is detrimental to
our other customers.
You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure
manner.
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.
Any access to other networks connected to Dass Properties, Inc. must comply
with the rules appropriate for those other networks.
While we will use every reasonable endeavor to ensure the integrity and
security of the Server, we do not guarantee that the Server will be free
from unauthorised users or hackers and we shall be under no liability
for non-receipt or misrouting of email or for any other failure of
email.
3. Service
Availability
We shall use our reasonable endeavors to make available to you at
all times the Server and the Services but we shall not, in any event, be
liable for interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any time and for any
reason, generally without notice, but if such suspension lasts or is to
last for more than 7 days you will be notified of the reason.
The Services provided to you hereunder and your account with us cannot
be transferred or used by anyone other than you. No more than one log-in
session under any one account may be used at any time by you. If you
have multiple accounts, you are limited to one login session per system
account at any time; user programs may be run only during log-in
sessions. If your account is found to have been transferred to another
party, or shows other activity in breach of this subclause, we shall
have the right to cancel the account and terminate the Services and/or
this Agreement immediately.
4. Payment
All charges payable by you for the Services shall be in accordance with
the scale of charges and rates published from time to time by us on our
web site and shall be due and payable in advance of our service
provision. We reserve the right to change pricing at any time although
all pricing is guaranteed for the period of pre payment.
Payment is due each anniversary month, quarter
or year following the date the Services were established until closure
notice is given. If you choose to pay by credit or debit card you
authorise Dass Properties, Inc. to debit your account renewal fees from your
card.
All payments must be in US Dollars.
Without prejudice to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date, we shall be
entitled forthwith to suspend the provision of Services to you.
5.
Termination
5.1 If you fail to pay any sums due to us as they fall due, we
may suspend the Services and/or terminate this Agreement forthwith
without notice to you.
5.2 If you break any of these terms and conditions we may suspend
the Services and/or terminate this Agreement forthwith without notice to
you.
5.3 If you are a company and you go into insolvent liquidation or
suffer the appointment of an administrator or administrative receiver or
enter into a voluntary arrangement with your creditors, we shall be
entitled to suspend the Services and/or terminate this Agreement
forthwith without notice to you.
5.4 No refunds will be made for Services suspended in accordance
with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or terminate
this Agreement at any time. In the event of this You will be entitled
pro rata refund based upon the remaining period of membership.
5.6 You may cancel the Services at any time.
5.7 During the first 30 days of Services, You are entitled to a
complete refund of all fees paid with the exclusion of domain name
registration, dedicated server and data transfer fees should You decide
to cancel the Services. You will not be entitled to a refund on this
basis if you have previously had an account with Dass Properties, Inc..
5.8 Where payment has been made by credit or debit card, any
refund will only be issued to the same credit or debit card.
5.9 On termination of this Agreement or suspension of the
Services we shall be entitled immediately to block your Web Site and to
remove all data located on it.
6.
Indemnity
You shall indemnify us and keep us indemnified and hold us harmless from
and against any breach by you of these terms of business and any claim
brought against us by a third party resulting from the provision of
Services by us to you and your use of the Services and the Server
including, without limitation, all claims, actions, proceedings, losses,
liabilities, damages, costs, expenses (including reasonable legal costs
and expenses), howsoever suffered or incurred by us in consequences of
your breach or non-observance of this Agreement.
7.
Limitation Of Liability
7.1 All conditions, terms, representations and warranties
relating to the Services supplied under this Agreement, whether imposed
by statute or operation of law or otherwise, that are not expressly
stated in these terms and conditions including, without limitation, the
implied warranty of satisfactory quality and fitness for a particular
purpose are hereby excluded, subject always to subclause 7.2.
7.2 Nothing in these terms and conditions shall exclude our
liability for death or personal injury resulting from our negligence.
7.3 Our total aggregate liability to you for any claim in
contract, tort, negligence or otherwise arising out of or in connection
with the provision of the Services shall be limited to the charges paid
by you in respect of the Services which are the subject of any such
claim.
7.4 In any event no claim shall be brought unless you have
notified us of the claim within one year of it arising.
7.5 In no event shall we be liable to you for any loss of
business, contracts, profits or anticipated savings or for any other
indirect or consequential or economic loss whatsoever.
8. Notices
Any notice to be given by either party to the other may be sent by
either email, fax or recorded delivery to the address of the other party
as appearing in this Agreement or ancillary application forms or such
other address as such party may from time to time have communicated to
the other in writing, and if sent by email shall unless the contrary is
proved be deemed to be received on the day it was sent or if sent by fax
shall be deemed to be served on receipt of an error free transmission
report, or if sent by recorded delivery shall be deemed to be served two
days following the date of posting.
9. Law
This Agreement shall be governed by and construed in accordance with
California law and you hereby submit to the non-exclusive jurisdiction
of the California courts.
10.
Headings
Headings are included in this Agreement for convenience only and shall
not affect the construction or interpretation of this Agreement.
11. Entire
Agreement
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.