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Where
the context admits: "We" includes Adult Space Unlimited,
Adult-Space-Unlimited.co.uk
or any party acting on Adult Space Unlimited's implicit instructions.
"You" includes the person purchasing the services or any party
acting on the customer's instructions. "The Registrant" includes
the person applying for a domain name or any party acting on the
Registrant's instructions. "The Registry" the relevant domain
names Registry. "Server" means the computer server equipment
operated by us in connection with the provision of the Services. "Web
Site" means the area on the Server allocated by us to you for use by
you as a site on the Internet. In consideration of the mutual covenants
herein, the parties agree to the following, which shall apply during the
term of this agreement.
By
using our services you agree to be bound by our terms and conditions
below:
1.
Domain Name Registration
1.1 We make no representation that the domain name you wish to register is
capable of being registered by or for you or that it will be registered in
your name. You should therefore not assume registration of your requested
domain name(s) until you have been notified that it has or they have been
registered. Any action taken by you before such notification is at your
risk.
1.2 The registration and use of your domain name is subject to the terms
and conditions of use applied by the relevant naming authority; you shall
ensure that you are aware of those terms and conditions and that you
comply with them. You shall have no right to bring any claim against us in
respect of refusal to register a domain name.
1.3 We shall have no liability in respect of the use by you of any domain
name; any dispute between you and any other person must be resolved
between the parties concerned in such dispute. If any such dispute arises,
we shall be entitled, at our discretion and without giving any reason, to
withhold, suspend or cancel the domain name. We shall also be entitled to
make representations to the relevant naming authority but will not be
obliged to take part in any such dispute.
1.4 We reserve the right to charge an admin fee no greater then £25 per
request for amendments to Domain Names no longer hosted by us
2.
Web Site Hosting And Email
2.1. We make no representation and give no warranty as to the accuracy or
quality of information received by any person via the Server and we shall
have no liability for any loss or damage to any data stored on the Server.
2.2. You shall effect and maintain adequate insurance cover in respect of
any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Web
Site allocated to you only for lawful purposes. In particular, you
represent, warrant and undertake to us that.
2.3.1 you will not use the Server in any manner which infringes any law or
regulation or which infringes the rights of any third party, nor will you
authorize or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious,
defamatory, blasphemous, profane or otherwise
objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a
criminal offence or which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar rights of
any person which may subsist under the laws of any jurisdiction.
2.3.3 you will not send bulk email whether opt-in or otherwise from our
network. Nor will you promote a site hosted on our network using bulk
email.
2.3.4
Any attempt to undermine or cause harm to a server, or customer,
of Adult Space Unlimited is strictly prohibited. This includes,
but is not limited to: using programs that consume excessive CPU
time; allowing the use of mail services, mail forwarding capabilities,
or autoresponders other than for the customer's own account; resale
of disk space without an appropriate reseller agreement; use of
servers for backup of files unrelated to the web site of the account;
or resale or remote access to CGI scripts installed on our servers.
No IRC related software is permitted on our servers. This includes
servers, bots, bouncers, or any other software that is used for
the purpose of creating, maintaining, or providing access to IRC
servers or channels. Accounts that are found to have such software
uploaded to their web space are subject to immediate suspension
and/or termination without notice.
2.4 We reserve the right to remove any material which we deem
inappropriate from your web site without notice. We do not host Warez, or illegal MP3 content (i.e. you may only upload MP3's if you own
the copyright
2.5 You shall keep secure any identification, password and other
confidential information relating to your account and shall notify us
immediately of any known or suspected unauthorized use of your account or
breach of security, including loss, theft or unauthorized disclosure of
your password or other security information.
2.6 You shall observe the procedures which we may from time to time
prescribe and shall make no use of the Server which is detrimental to our
other customers.
2.7 You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure
manner.
2.8 In the case of an individual User, you warrant that you are at least
18 years of age and if the User is a company, you warrant that the
Services will not be used by anyone under the age of 18 years.
2.9 Any access to other networks connected to Adult Space Unlimited must comply with
the rules appropriate for those other networks.
2.10 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 unauthorized 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.
Affiliates
3.1 We reserve the right to remove an affiliate account if it is found
that the said affiliate has conducted any of the following activities: the
sending of unsolicited email (aka spam/spamming), bulk off-topic
advertising / posting to newsgroups, performed an action that could or has
damaged our business reputation, or the reputation of any companies /
businesses connected with Adult Space Unlimited.
3.2 We reserve the right to increase / decrease commissions and
percentages to our affiliates at any time without reason, and to remove
the affiliate scheme altogether at any time.
3.3 Affiliates commission is calculated in $US (US DOLLARS) but paid by
cheque in £UK (UK POUNDS)
3.4 Affiliates will receive their commission when they have built up a
balance of $100 or more. When this amount is reached, their cheque will be
posted to them within 10 working days.
3.5 If a commission cheque is returned due to incorrect postage details
then any additional bank / admin charges will be deducted from the
affiliates commission before it is resent to a corrected address.
4.Web
Site Hosting Service Availability
4.1 We shall use our reasonable endeavours 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.
4.2 We shall have the right to suspend the Services at any time and for
any reason, generally without notice, but if such suspension lasts or is
to last for more than 7 days you will be notified of the reason.
4.3 The Services provided to you hereunder and your account with us cannot
be transferred or used by anyone other than you. No more than one log-in
session under any one account may be used at any time by you. If you have
multiple accounts, you are limited to one login session per system account
at any time; user programs may be run only during log-in sessions. If your
account is found to have been transferred to another party, or shows other
activity in breach of this subclause, we shall have the right to cancel
the account and terminate the Services and/or this Agreement immediately.
5.Web
Site Hosting Payment
5.1 All charges payable by you for the Services shall be in accordance
with the scale of charges and rates published from time to time by us on
our web site and shall be due and payable in advance of our service
provision. We reserve the right to change pricing at any time although all
pricing is guaranteed for the period of pre payment.
5.2 Payment is due each month or year until closure notice is given. If
you choose to pay by credit or debit card you authorize Adult Space
Unlimited's
credit card / debit card processing (Paypal) to debit your account
renewal fees from your card.
5.3 All payments must be in either $US (US dollars), £UK (UK pounds) or
Euro.
5.4 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.
5.5 If you pay yearly we will deduct 10% from the 12 months fee
6. Web Site Hosting Termination
6.1 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.
6.2 If you break any of these terms and conditions we may suspend the
Services and/or terminate this Agreement forthwith without notice to you.
6.3 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.
6.4 Refunds will be given at the discretion of the Company Management
including refunding of upfront yearly fees
6.5 We reserve the right to suspend the Services and/or terminate this
Agreement / your account at any time with no notice or reason.
6.6 You may cancel the Services at any time. Cancelling payments (FuturePay)
to us on monthly paid plans will result in the immediate suspension of the
service(s). For annually paid plans the account will be suspended at the
end of the 12 month period. Partial refunds will only be given on annual
plans.
6.7 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.
7.
Web Site / Company Logo Design Services
7.1 Amendments to any logo will incur a fee, except in circumstances where
we have made an error
7.2 We will deliver your logo via email within 5 working days or 2 working
days if you choose our rush service
8.
Web Site Submission Services
8.1 No refunds will be given on submission services
9. Web Site Design Services
9.1 No work will start on the design of a website until: i) we have
received full payment, ii) we have received all requested information from
the customer such as: text for the web pages etc.
9.2 Once work has started on the design we will only refund a percentage
for work uncompleted if a refund if requested.
10. Resellers
10.1 Resellers may cancel their account at anytime by emailing us with
their account number, username and password.
10.2 Additional reseller resources are only available in units, as per our
website.
10.3 The reseller will be responsible for their customers and must ensure
that their customers do not break any parts of our terms and conditions.
10.4 If a resellers customer is found to be sending unsolicited email (aka
spam) the reseller must warn the customer that if this is repeated their
account will be terminated. If a reseller allows such actions to continue,
we have the right to remove the offending customer.
10.5 If a reseller fails to pays for any reseller unit we reserve the
right to suspend the resellers account and stop their customers from using
our resources.
10.6 We will not be held liable for the actions of our resellers.
10.7 Resellers must act in a professional business manner at all times.
10.8 A reseller may sell their customers to us at a price we set.
10.9 Resellers must not create web hosting packages that contain features
that we do not offer.
11. Adult website hosting
11.1 We do not under any circumstances allow adult content that contains
any person under the age of 18.
11.2 Adult hosting customers agree for us to check their content on a
daily basis to protect against underage and / or illegal content.
11.3 Any customer found to be hosting underage and / or illegal content
i.e., child porn will have their account terminated immediately with no
refund and the
offending content will be passed to the Police/FBI on ALL occasions.
11.4 Adult hosting is charged at £2.50 per 1,000 MB's of monthly transfer
for over quota bandwidth
12. Credit / Debit Card Chargebacks
12.1 If a services have been used and the customer requests their bank to
recall the payments made (sometimes called a chargeback) then legal action
will be taken against the customer to recover such payments in all
circumstances.
12.2 All actions of fraud are automatically reported to the police.
12.3 Any cases of underage porn on our servers will automatically be
reported to the police and we will work with such bodies to ensure that
legal action is taken against you. We will never tolerate such actions.
13.
This agreement
13.1. By performing any transactions on this web site you agree to these
terms and conditions.
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