PLEASE NOTE: By use of our
services you are indicating that you have read and agree to
these Terms.
NOTE: Spamming, or the sending of
unsolicited email, from a Alamo Internet Limited server or using
an email address that is maintained on a Alamo Internet Limited
machine is STRICTLY PROHIBITED.
This Agreement is made between
Alamo Internet Limited of 96 Bondgate, Pontefract,
WF8 2LQ ("we" and also "AIL")and the
user
The following constitute the
terms and conditions under which Alamo Internet Limited trades
and supplies its services and related products. These
conditions, in conjunction with the details as shown on the
Alamo Internet Limited Order Form (where completed) represent
the totality of the agreement and form the Contract between
Alamo Internet Limited and the User.
Any agreed variation or
alteration to part of these terms and conditions as annexed to
this Contract will not invalidate the remainder or the whole.
Any alteration or addition to the supplies instructed on the
order will require to be the subject of a new order. Alamo
Internet Limited is entitled to suspend services if the User
does not adhere to any or several conditions of this Contract.
1. DEFINITIONS
In this Contract unless the
context otherwise requires:
"Service" or "Services" means
domain name registration, web hosting, Virtual Server hosting,
bandwidth provision, email and any other service or facility
provided by us to you.
"Server" means the computer
server equipment operated by us or provided by you in connection
with the provision of the Services;
"Virtual Server" means the area
on the Server allocated by us to you for use by you as a site on
the Internet;
"AIL" means Alamo Internet
Limited, incorporated in England, company number
4159053,
with the registered office at 96 Bondgate, Pontefract,
WF8 2LQ
"Contract" means the agreement
between AIL and the User incorporating these conditions, the AIL
Order Form (where completed) and AIL's published charges for the
provision of its services; References to "Agreement" shall,
where the context admits, be read as referring to the Contract
"Charges" means the charges as
agreed on the Order Form (where completed) and AIL's latest
published prices for products and services requested or incurred
by you
"bandwidth" means the allocated
transmission capacity, measured in bits per second, of the
network connection as specified in the Contract;
"data transfer" means all traffic
that passes through the Virtual Server including specifically
but not exclusively web traffic, email, FTP transfers and any
telnet session data;
"Site" means the premises or
location at which Service is or is to be provided under this
Contract;
"Equipment" means equipment which
is supplied by or on behalf of AIL to the customer or placed at
or on a Site for the purpose of providing Service;
"Internet" means the global data
network comprising Internet connected networks using TCP/IP
(Transmission Control Protocol/Intermit Protocol) Internet
Standards means the protocols and standards defined in the
following Internet documents: RFC 1009, 1122, 1123 and 1250 and
any future such protocols and standards as appropriate;
"User" means you, the Customer,
or any person who makes use of the services though you or on
your behalf;
"Initial Contract Term" means the
initial period of service as specified in clause 6;
"Extension Term" means each
successive period of twelve months after the Initial Contract
Term.
2. DOMAIN NAME REGISTRATION
2.1 We make no representation
that the domain name you wish to register is capable of being
registered by or for you or that it will be registered in your
name. You should therefore not assume registration of your
requested domain name(s) until you have been notified that it
has or they have been registered. Any action taken by you before
such notification is at your risk;
2.2 The registration and use of
your domain name is subject to the terms and conditions of use
applied by the relevant naming authority; you shall ensure that
you are aware of those terms and conditions and that you comply
with them. For UK domain registrations you shall ensure that you
are aware of the terms and conditions of Nominet UK, the UK
naming authority, that can be found at
http://www.nominet.org.uk/nominet-terms.html 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 or
cancellation of the domain name by the relevant naming
authority. Any administration charge paid by you to us shall be
non-refundable notwithstanding refusal by the naming authority
to register your desired name.
2.3 We shall have no liability in
respect of the use by you of any domain name; any dispute
between you and any other person must be resolved between the
parties concerned in such dispute. If any such dispute arises,
we shall be entitled, at our discretion and without giving any
reason, to withhold, suspend or cancel the domain name. We shall
also be entitled to make representations to the relevant naming
authority but will not be obliged to take part in any such
dispute.
2.4 We give no warranty or
representation that your domain name is or will continue to be
available for your use or that no domain name is or will be
registered which conflicts with your domain name or which
otherwise affects your use of your domain name.
2.5 AIL shall be entitled to
withhold the release of any domain name to another provider or
"tag holder" unless full payment of all amounts due to us at
that time for whatever reason has been received by us:
2.6 If payment is not received
for any domain name AIL may delete or retain the domain for
further sale.
2.7 You may request deletion of a
UK domain name registered with Nominet UK only within 7 days of
the application date for that domain name. There will be a
standard "deletion charge" of £25. Deletion requests after these
7 days will not be accepted.
3. VIRTUAL SERVER HOSTING and
EMAIL
3.1. We make no representation
and give no warranty as to the accuracy or quality of
information received by any person via the Server and we shall
have no liability for any loss of or damage to any data stored
on the Server.
3.2. You shall effect and
maintain adequate insurance cover in respect of any loss of or
damage to data stored on the Server.
3.3 You represent, undertake and
warrant to us that you will use the Virtual Server allocated to
you only for lawful purposes. In particular, you represent,
warrant and undertake to us that
3.3.1 you will not use the
Virtual 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;
3.3.2 you will not post, link to
or transmit:
(a) any material which is
unlawful, threatening, abusive, malicious, defamatory, obscene,
pornographic, blasphemous, profane or otherwise objectionable in
any way;
(b) any material containing a
virus or other hostile computer program;
(c) any material which
constitutes, or encourages the commission of, a criminal offence
or which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar
rights of any person which may subsist under the laws of any
jurisdiction.
Your attention is drawn to the
provisions of subclause 8.3 below.
3.4 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.
3.5 You shall observe the
procedures which we may from time to time prescribe and shall
make no use of the Virtual Server which is detrimental to our
other customers.
3.6 You shall procure that all
email is sent in accordance with applicable legislation
(including data protection legislation) and in a secure manner.
3.7 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.
3.8 Any access to other networks
connected to AIL must comply with the rules appropriate for
those other networks.
3.9 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 or from corruption by virus and we
shall be under no liability for non-receipt or misrouting of
email or for any other failure of email or damage to date or
operations.
3.15 Customers applying for a
DomainWarehouse Virtual Server will be restricted to no more
than 1GB of data storage space and no more than 300 domain names
in the AIL nameservers, unless otherwise stipulated on our web
site or by email communication to the customer. The Virtual
Server includes 5GB of bandwidth per month. Additional bandwidth
usage will be charged at current published prices
4. GENERAL RESELLING
4.1 If you are or become a
reseller of our Services you will continue to be bound by these
terms and conditions; you will be responsible for ensuring that
your customers are bound by terms and conditions that adequately
reflect and give effect to these terms and conditions.
4.2 You shall not incur or
purport to incur on our behalf any liability nor in any way
pledge or purport to pledge our credit or to make any contract
binding on us.
4.3 You may resell the AIL
Service provided that you have paid our Charges and that you do
so based on your own technical and legal responsibility and
never sell bandwidth or speed of service greater than that of
the Service you have contracted for with AIL. Furthermore you
must not purport or claim that the resale is a resale of the AIL
Service. You will hold AIL indemnified against any claims from a
party to whom you have resold and will ensure that your own
terms and conditions in any resale contract include and comply
with these terms and conditions. If AIL agrees any change in
Service this Contract is to be treated as varied accordingly.
5. AIL SERVICE
5.1 Connection to the AIL Service
is via a fixed telecommunications link or dial up connection.
This Contract, unless specifically stated on the Order Form,
does not include the provision of telecommunications services
necessary for connection to the AIL Service.
5.2 Requests relating to the
provision of Service are, unless otherwise agreed to be made or
confirmed in writing or by electronic mail.
5.3 AIL will use all reasonable
endeavours to adhere to any dates proposed by either AIL or you
for the provision of Service; however any such date is to be
treated as an estimate only and AIL accepts no liability for
failure to meet such dates.
5.4 AIL will use all reasonable
endeavours to provide reliable Service; however, it is not
practicable to provide Service free of faults and AIL does not
undertake to do so. In the event of a fault in Service, you must
report the fault
via our support system or by telephone to AIL's Technical
Support Dept. at the appropriate numbers or addresses or other
such numbers or addresses that AIL may from time to time
provide. Upon receipt of the fault report, AIL will take all
proper steps without undue delay to correct the fault. AIL shall
not, in any event, be liable for interruptions of Service or
downtime of a Server.
5.5 AIL may:
5.5.1 temporarily suspend for the purpose of repair, maintenance
or improvement, part or all of Service, without notice. AIL
undertakes to use reasonable endeavours to restore Service as
soon as practicable after any such suspension,
5.5.2 give or update instructions
regarding the use of Service which in AIL's reasonable opinion
are necessary in the interests of safety, or to maintain or
improve the quality of Service to AIL's customers. Any such
instructions shall, whilst they are in force, be deemed to form
part of this Contract,
5.6 Scheduled Maintenance -
"Scheduled Maintenance" shall mean any maintenance at any AIL
node of which the Customer is notified 24 hours in advance, and
maintenance that is performed during a standard maintenance
window on Tuesdays from 2 AM to 6 AM local time on any AIL node.
Notice of Scheduled Maintenance will be provided on the support
website at
http://www.domainwarehouse.co.uk/support or by email
directly to the recorded email address for the Customer.
5.6.5 The Customer is solely
responsible for providing AIL with accurate and current contact
information for the Customer's designated points of contact. AIL
will be relieved of its obligations in this agreement if AIL's
contact information for the Customer is out of date or
inaccurate due to the Customer's action or omission or if AIL's
failure is due to reasons of Force Majeure or other
circumstances beyond AIL's reasonable control (as defined in
clause 13 of these terms).
6. COMMENCEMENT and INITIAL
PERIOD OF SERVICE
The Service shall be for an
initial period as specified on the Order Form (where completed).
The Service, unless otherwise agreed on the Order Form (where
completed), shall be provided for an Initial Contract Term of
twelve months. The Initial Contract Term shall commence upon
connection. Connection shall be deemed to be effected when the
link is first live to the your Site or other such point as
requested by you, to the AIL network.
7. BANDWIDTH UTILISATION
If the bandwidth or speed of
Service used by you exceeds agreed quotas in a one month minimum
period an excess charge will be payable by you at current
published prices.
8. CONTENT and MISUSE
8.1 You will use all reasonable
endeavours to ensure that the AIL Service is used or includes
content that conforms to the laws of this country and will not
knowingly permit any illegal use or such use that will bring AIL
into disrepute.
8.2 You must not, nor must any
other person, use the Service: to send or receive any material
which is offensive, abusive, indecent, obscene, pornographic or
menacing, or in breach of confidence, copyright, privacy or any
other rights, to cause annoyance, inconvenience or needless
anxiety, or in breach of any provisions as contained within
clauses 3 and 4 of this Contract, or other than in conformance
with the acceptable use policies of any connected networks and
the Internet standards.
8.3 AIL may discontinue Service
immediately if the User is found to have carried out or
permitted any illegal or use that is prohibited by these terms.
If AIL suspends Service for contravention of the above
conditions of this clause, AIL can refuse to restore Service
until it receives an acceptable assurance from the User that
there will be no further contravention.
9. CHARGES and PAYMENT
9.1 All payments must be in UK
Pounds Sterling. If your cheque is returned by the bank as
unpaid for any reason, you will be liable for a "returned
cheque" charge of £25.
9.2 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 or on the Order Form (where completed) and shall be due and
payable in advance of our Service provision. Charges are
exclusive of 'Value Added Tax' which shall, if applicable, be
paid additionally by you at the rate prescribed by law on
submission by us of a proper VAT invoice.
9.3 You acknowledge that our
Services are provided using facilities provided to us by third
parties; AIL shall have the right, subject to 14 days prior
written notice to you, to increase our Charges at any time
during the Initial Contract Term or any Extension Term, whether
to reflect increase costs to us from such third parties or
otherwise. However, if such increase exceeds 10% of the Charge
in question prior to such notice you shall be entitled to
terminate the Contract by written notice to us given by you
within 7 days after service of our notice of increase to you. If
you do so terminate, you will remain liable for all Charges (at
the previous rate) up to the date the Contract ends.
9.4 All charges unless otherwise
agreed are payable in advance. Unless otherwise specified and
agreed, set-up and installation charges are payable on order.
AIL agrees to be party to this Contract upon AIL's acceptance of
cleared funds covering first invoice or the first payment under
the Order Form (where completed). Recurring charges are payable
on connection as defined in subclause 5.1 of this agreement and
thereafter on or before the same day (the due date) of all
subsequent months during the Initial Contract Term or any
Extension Term. If payment is not received on or before the due
date AIL reserves the right to immediately withdraw, suspend or
limit Service and will charge the User interest at the rate of
3% of the amount overdue per month.
9.5 Without prejudice to our
other rights and remedies under this Agreement, if any sum
payable is not paid on or before the due date, we shall be
entitled forthwith to suspend the provision of Services to you.
If such a suspension is imposed, you will be liable for a
"reconnection" charge of £25.
9.6 If suspension of service
occurs for any reason you will be liable for a "reconnection"
charge of £25.
10. DEFAULT
10.1 If you do not pay the
charges in accordance with the provisions of clause 9 of this
Contract, or break this Contract in any other way, or are
subject to bankruptcy or insolvency proceedings AIL can (without
prejudicing, losing or reducing any other right or remedy)
suspend Service, wholly or partially, without notice (but the
User remains liable during the suspension to pay charges for
Service), or terminate this Contract by immediate notice,
without prejudice to AIL's pre-existing rights.
10.2 Bankruptcy or insolvency
proceeding means bankruptcy proceedings or in Scotland
sequestration proceedings, becoming insolvent, making any
composition or arrangement with creditors or an assignment for
their benefit, any execution, distress, diligence or seizure: or
if the User is a company, being the subject of proceedings for
the appointment of an administrator, going into liquidation
whether voluntary or compulsory (except for the purpose of
amalgamation or reconstruction) or having a receiver or
administrative receiver of any assets appointed.
10.3 You continue to be liable to
pay all charges which are due for Service during any period in
which you do not comply with this Contract.
10.4 On termination of this
Agreement or suspension of the Services we shall be entitled
immediately to block your Domain Name Hosting or Virtual Server
and to remove all data located on it. We shall be entitled to
delete all such data but we may at our discretion hold such data
for such period as we may decide, to allow you to collect it at
your expense, subject to payment in full of any amounts
withstanding and payable to us. We shall further be entitled to
post such notice in respect of the non-availability of your
Virtual Server as we think fit.
10.5 For so long as any sum due
to AIL hereunder is unpaid or any other amount is due to or
properly claimed by AIL from you for services or goods supplied
or for any other reason, whether pursuant to these terms or
otherwise, AIL shall be entitled to retain any property owned by
you or lawfully in your custody or possession and which is held
by AIL or by its agents until such time as all amounts due to
AIL are paid and/or any issue between you and AIL is determined.
10.6 If AIL waives a breach of
Contract by you, that waiver is limited to the particular
breach. Any delay by AIL in acting upon a breach is not to be
regarded in itself as a waiver.
11. TERMINATION OF SERVICE
11.1 Service may be terminated by
either party on giving at least 30 days notice to the other
expiring on the last day of the Initial Contract Term or at any
time thereafter. If AIL gives notice you shall pay all charges
up to the expiry of the notice. If you give notice, you shall
pay all charges up to the expiry of the notice given by you.
11.2 AIL reserves the right
during the Initial Contract Term and at any time thereafter to
terminate this Contract by giving to you not less than 30 days
prior written notice of termination.
11.3 After the expiry of the
Initial Contract Term you may terminate the Service by giving
not less than 30 days prior written notice of termination, but
subject to subclause 11.4.
11.4. Your notice does not avoid
any other liability for Service already provided.
11.5 The Contract is a yearly
contract and if you continue Service beyond your Initial
Contract Term you will be liable to pay for the remainder of the
then current Extension Term even though Service ends before the
end of the Extension Term.
12. 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 the Order Form 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.
13. MATTERS BEYOND AIL'S
REASONABLE CONTROL
AIL is not liable for any breach
of this Contract or liable for any delay or failure in
performance of any part of these conditions and its commitments
when caused as a result of Force Majeure, war, civil disorder,
industrial disputes, inclement weather, acts of local or central
government or other competent authorities, and failure by other
service providers.
14. LIABILITY
14.1 You acknowledge that AIL has
no control over the information transmitted via the Service and
that AIL does not examine the use to which you put the Service
or the nature of the information you are sending or receiving.
AIL hereby excludes all liability of any kind for the
transmission or reception of information of whatever nature.
14.2 AIL undertakes no liability
whatsoever for the acts or omissions of other providers of
telecommunication service or for faults in or failures of their
apparatus.
14.3 AIL is not in any way liable
in contract or otherwise for loss whether direct or indirect of
business, revenue or profits, anticipated savings or wasted
expenditure, corruption or destruction of data or for any
indirect or consequential loss whatsoever.
14.4 AIL makes no warranty as
regards to its Services or equipment and will not be responsible
for any damage allegedly suffered or claimed by you for any
reason including but not limited to loss of data, wrong or non
deliveries and Service interruptions.
14.5 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 14.6.
14.6 Nothing in these terms and
conditions shall exclude our liability for death or personal
injury resulting from our negligence.
14.7 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.
14.8 In any event no claim shall
be brought unless you have notified us of the claim within one
year of it arising.
15. 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.
16. INTELLECTUAL PROPERTY
RIGHTS
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.
17. ASSIGNMENT
You may assign all or part of
this Contract to any other party only with the prior written
agreement of AIL. AIL reserves the right to assign all or part
of this Contract at any time to any subsidiary or associate
company of AIL.
18. LAW
This Agreement shall be governed
by and construed in accordance with English law and you hereby
submit to the non-exclusive jurisdiction of the English courts.
19. HEADINGS
Headings are included in this
Agreement for convenience only and shall not affect the
construction or interpretation of this Agreement.
20. 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.
© 2006 Alamo Internet
Limited. All Rights Reserved
All orders are subject to our standard
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