web hosting with flying porcupine


TERMS AND CONDITIONS

To complete the registration process you must read, and agree to be bound by, all of these Terms & Conditions.

1 Dispute Policy & registration agreement

You agree that in the event of a domain name being challenged by a third party, you agree to defend, indemnify and hold harmless Vision Internet Limited and any applicable domain name registry, and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action or demand related to your domain name or the use thereof.

In the following registry terms and conditions, you should pay particular attention to the terms dealing with the use and disclosure of personal data, and the Registrar's right to refuse registration if it does not receive the appropriate registration fee and (for Nominet UK) a completed reply form.

You agree to giving Vision Internet Limited the necessary authority to enter yourself into a contract with the appropriate domain name registry on their applicable terms and conditions listed below which you are agreeing to.

2 Fees

As consideration for the services you have selected, you agree to pay to us, the applicable service(s) fees. There will be a 'cooling off' period of 7 days from the date of the initial order in which you have the option to cancel any of our services except the purchase of domain names and the renewal of domain names. After the 'cooling off' period of 7 days, all fees payable are non-refundable.
You will be notified when renewal fees are due and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that Vision Internet Limited shall have no liability whatsoever with respect to any such cancellation, and that the domain name may be cancelled or reassigned in the event of delinquency.

3 Cancellations, Transfers, and Changes

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

4 Information

As part of the registration process, you are required to provide Vision Internet Limited with certain information and to update Vision Internet Limited promptly if the information changes in order for us to keep it current, complete and accurate. You are obliged to provide us with the following information:

You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of these Terms & Conditions and will be a basis for cancellation of your domain name.

You agree and acknowledge that we will make domain name registration information you provide available to ICANN (The Internet Corporation for Assigned Names and Numbers), to registry administrators, and to other third parties as ICANN and applicable laws permit. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that Vision Internet Limited may or must make available to the public or to private entities. Vision Internet Limited will not otherwise disclose your information to any third party unless it is required to maintain your domain name.

5. Right of refusal

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.

6. Use Policies

Your domain name may be suspended or cancelled in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.

7. Agents and Licenses

You agree that you are nonetheless bound as a principal by all terms and conditions provided herein.

You agree that if you license the use of your domain name to a third party, you remain the domain name holder and remain responsible for all obligations under these Terms & Conditions.

8. Limitation of Liability

You agree that we will not be liable to you or any other person for any loss that may occur due to:-

Further, Vision Internet Limited will not be liable for any indirect, special, incidental or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence) or otherwise. In no event shall Vision Internet Limited’s maximum liability exceed the total amount paid by you to Vision Internet Limited for registration of your domain name during the prior 3 years.

You are responsible for the security and transmission of your own data. You agree that Vision Internet Services will not be liable to you or any other person for financial losses due to a breakdown in security.

9. Representations and Warranties

You represent and warrant that all information provided by you in connection with your registration is complete and accurate. Vision Internet Limited makes no representation or warranties of any kind in connection with these Terms & Conditions. Vision Internet Limited does not represent or warrant that registration of your domain name will immunise you from challenges to your domain name.

10. Content

All services may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any UK or US law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, demeaning to others or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold Vision Internet Limited harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising are prohibited on all our servers. This includes sites that may infer sexual content, or that link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

We will be the sole arbiter as to what constitutes a violation of this provision.

Some accounts come with their own cgi-bins. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal server operation without prior warning.

We do not allow clients to install their own chat rooms without prior consultation with ourselves. These tend to use up massive system resources and can affect the performance of the server for others.

We currently do not allow IRC or IRC bots to be operated on our servers.

Our servers may not be the source, intermediary or destination address involved in the transmission of spam, flames or mail bombs. Your domain may not be referenced as originator, intermediary or reply-to address in any of the above. We consider spam to be any mass unsolicited message in the mediums of newsgroups and email. If you are found to have spammed then we will immediately, without warning, disable your domain. We reserve the right to determine what violates this policy.

Any attempts to undermine or cause harm to a server is strictly prohibited.

When your account is closed, all files (including web pages, etc.) will be deleted after 7 days.

Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of your data stored on our server.

Any violation will result in immediate deactivation of services without refund.

11. Bandwidth

If your bandwidth reaches the points where it has an adverse affect on other clients we reserve the right to disable your site until you can reduce your bandwidth usage. Each account includes a nominated amount of bandwidth, if you use more than this amount then you agree to pay for this bandwidth at a rate of $10 (ten US Dollars) per 1 GB.

12. Indemnification

The customer agrees to defend, indemnify, save and hold Vision Internet Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, asserted against Vision Internet Limited, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Vision Internet Limited against liabilities arising out of the following:-

13. Refusal of Service

We reserve the right to refuse or cancel service at our sole discretion at any time without notice.

Vision Internet Limited will not be responsible for any damages your business may suffer. Vision Internet Limited makes no warranties of any kind, expressed or implied, for services we provide. Vision Internet Limited disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays and any or all service interruptions caused by Vision Internet Limited and its employees. Vision Internet Limited reserves the right to change or update its policies without notice.

If any terms or conditions are not followed, this will result in grounds for immediate account deactivation without refund.

14. Governing Law

The contract shall be governed by English law, and you and Vision Internet Limited submit to the exclusive jurisdiction of the English Courts.

15. Breach and Revocation

Any breach by you of these Terms & Conditions can result in the registration of your domain name being revoked.

You also agree that at such time as Vision Internet Limited receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration, Vision Internet Limited shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration.

16. Agreement

These Terms & Conditions, together with all amendments or modifications to it, constitutes the complete and exclusive agreement between you and Vision Internet Limited, and supersedes and governs all prior proposals, terms & conditions or other communications.

Nothing contained in this Policy shall be construed as creating any agency, partnership or other form of joint enterprise between the parties. The failure of Vision Internet Limited to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by Vision Internet Limited 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 these Terms & Conditions is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of these Terms & Conditions. Vision Internet Limited may 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 Vision Internet Limited as reflected in the original provision.

No provision of these Terms & Conditions may be amended or modified by you except by means of a written document signed by an authorised signatory of Vision Internet Limited.