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LCP
Communications - TERMS OF BUSINESS |
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IMPORTANT
NOTICE: All Users of services provided by LCP Communications,
by use of such services, accept the terms of business
set out in the form of Service Agreement which follows,
irrespective of the mode or manner of ordering employed
by the User when ordering the 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. |
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1.
DEFINITIONS |
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In this Service Agreement ("Agreement"), "you"
and "your" refer to each customer ("Customer")
and "we", "us" and "our"
refer to LCP Communications ("LCP Communications").
This Agreement explains our obligations to you, and your
obligations to us in relation to your use of our services.
By selecting LCPC's 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 LCP
Communications service(s) or to modify or cancel your
LCP Communications service(s) (even if we were not notified
of such authorization), this Agreement covers any such
service or actions. Any acceptance of your application(s)
for our services and the performance of our services will
occur at our offices in Teynham, Kent, the location of
our principal place of business. |
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2.
ACCURATE INFORMATION |
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As
further consideration for the LCP Communications 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. In particular you agree that if you fail to
notify us in writing by Royal-mail recorded-delivery
post of any change of address within four weeks of your
change of your address then we have the right to terminate
your contract with forthwith without notice to you.
Our address for such notifications is "Address
Changes, LCP Communications, 15 Station Row Cottages,
Teynham, Sittingbourne, Kent, ME9 9EA. |
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3.
FEES, PAYMENT AND TERM OF SERVICE |
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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. 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. |
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3.2
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 an administration charge of £25; |
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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. |
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3.4
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 its sole discretion, without prior notice to you. |
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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. |
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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; |
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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. |
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4.
DOMAIN NAME REGISTRATION |
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New
registrations
4.1
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 to you by way of invoice
sent by surface postal mail (no other method of communication
should be relied-upon!). Any action taken by you before
such notification is at your risk;4.2. You agree to
check the spelling of domain name(s) thoroughly on our
invoices and any and all correspondence sent to you
to ensure that the domain name(s) you requested is/are
spelt correctly is/are registered to the correct party.
You agree to notify us in writing within 48 hours of
becoming aware of any mistakes and you agree that we
will not be responsible for any loss or damage that
may arise if you fail to take such action (reference
limitation of liability clause below);4.3 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; 4.4 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 and charge you for our reasonable costs
and expenses in full. 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;4.5.
You agree that LCP Communications may list you as "Billing
Contact" for your domain name(s) in which case
your invoice will state "Client to pay InterNIC
direct". In these circumstances you agree to pay
your domain name renewal fees direct to Network Solutions
Inc (http://www.networksolutions.com <http://www.networksolutions.com/>)
when they fall due, unless we notify you otherwise by
registered surface mail. You agree that LCP Communications
will not amend your Billing Contact records with Network
Solutions Inc on your behalf. You agree to keep your
domain name records up to date with Network Solutions,
in particular the postal and email address of your Billing
handle and the registrant name and address. Details
of how to do this are available online at the web site
<http://www.networksolutions.com/> |
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Domain
name Modifications
4.6.
LCP Communications may under certain circumstances accept
your request(s) to make modifications to your Domain
Name records on your behalf but we have no obligation
to do so or to notify you that we have received such
a request; further our acceptance of your request(s)
to make such changes can only be notified to you in
writing by surface mail (not email) and by no other
means; if you fail to receive such an acceptance by
surface mail within fourteen days of making a request
you should assume we are not prepared to carry-out your
request and you should contact the central registrar
direct who will perform such modifications on your behalf;
if alternatively we agree to make such changes we reserve
the right to charge you an administrative fee for our
services; 4.7 You agree that if you request to transfer
a domain name to our services you are responsible for
ensuring that the annual registration fees are paid
for the domain name before and after the transfer takes
place, direct to the Central registrar (or your previous
ISP), unless you receive a written invoice from us for
such fees; 4.8 You agree that if you transfer a domain
name away from our services to another Internet Provider,
we will not be responsible for paying any domain name
fees or renewal fees unless you specifically request
a partial transfer in writing to us in which case LCP
Communications will continue to receive annual invoices
for the domain name(s); in cases where you request a
full transfer away from the LCP Communications service
you are responsible for liaising with the new ISP to
make sure that your domain name records have been amended
properly and you keep your new provider up to date with
your address in order that they can invoice you for
such fees; Please note an admin fee applies to release
of domain names. please see our web site for current
details.
We will not release or amend any domain name records
until full payment for that domain has been received
by us; 4.9. You agree that LCP Communications may choose
to offer to renew your domain name(s) after the initial
term but we have no obligation to do so. Specifically
we are under no obligation to remind you when your domain
name(s) need to be renewed, nor to invoice you renewal
fees, nor to pay your domain name renewal fees when
they become due. You agree to find out when your domain
names need to be renewed (your invoice has the term
and renewal date(s) ) and to contact us in writing if
you have not received a proforma invoice for your domain
name(s) from us within two weeks of the expiry date(s).
You agree to accept responsibility if a domain name
lapses for non-payment as a result of your failure to
contact us in writing by surface mail in these circumstances.
4.10. If you fail to pay any part of your domain name
fees within the agreed credit terms, we will have the
right to cancel your domain name, or let it lapse, or
at our discretion sell it or assign it to any other
party including ourselves to dispose of as we see fit,
without further notice to yourselves. In these circumstances
you authorise us to act as your agents in removing your
details from the domain name records. 4.11. We make
no representation that we can secure any new domain
name type for you or that any request to pre-register
such a new domain name type will be submitted by us
for registration, or that your request will be submitted
before any other request |
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5.
WEB SITE HOSTING, email and dial-up: |
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5.1.
Description of Services.
LCP Communications facilities allow you to send and
receive electronic mail via the Internet and publish
web site(s) on the World Wide Web. You must: (1) provide
all equipment, including a computer and modem necessary
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.
LCP Communications has set no fixed upper limit on the
number of messages you may send or receive through the
mail service or for the data you can upload to your
web site(s) or the number of web sites you can browse
using our dial-up; however, LCP Communications retains
the right, at our sole discretion, to restrict the volume
of messages transmitted or received by you, or uploaded
by you to your web site(s) in order to maintain the
quality of our services to other customers and to protect
our computer systems. We, in our sole discretion, will
determine whether or not your conduct is consistent
with this Agreement and any LCP Communications operating
rules or policies and may terminate your mail service
if your conduct is found to be inconsistent with this
Agreement or such rules or policies.5.2. LCP Communications
web space facilities allow you to publish web sites
to the Internet or World-wide-web. If you are designing
and publishing the web site yourself you must obtain
suitable web design software (by purchase if necessary)
and FTP upload software (by purchase if necessary).
Note that some web design packages contain FTP upload
software. LCP Communications has no obligation to provide
or recommend such software. LCP Communications POP3
email facilities allow you to store email messages on
our Providers servers. To receive this email you must
connect to the Internet and use suitable POP3 software
(e.g. Microsoft Outlook Express), which you may have
to purchase if necessary. LCP Communications has no
obligation to provide such or recommend such software.
5.3. In order to use the email and web services we must
host your domain name records. If you transfer your
domain name records to a third party in conjunction
with a live web site or for any other reason or allow
your domain name registration to expire, you will no
longer be able to use the email and web services. We
will not refund the fees you paid for our web or email
services if you elect to transfer your domain name record
to a third party. 5.4. 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; 5.5. You must keep current backups of
any data posted to our servers. You shall effect and
maintain adequate insurance cover in respect of any
loss or damage to data stored on the Server; 5.6 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; 5.6.1 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
authorise or permit any other person to do so; 5.6.2
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; 5.7 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;
5.8 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;
5.9 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; 5.10. Any
access to other networks connected to LCP Communications
must comply with the rules appropriate for those other
networks This specifically. but not exclusively, includes
NetKonect, Inweb and PSI Net; 5.11 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
and we shall be under no liability for non-receipt or
misrouting of email or for any other failure of email;
5.12 Our email forwarding services are free of charge
and should not be relied on for business purposes or
for any purposes where a failure of such services would
result in loss or damage of any kind. 5.13 Pornography
and sex-related merchandising are PROHIBITED on our
Providers server.5 .14 Spamming, or the sending of unsolicited
email, from our Providers server or using an email address
that is maintained on a LCP Communications machine is
STRICTLY PROHIBITED. |
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6
WEB DESIGN |
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6.1 All information on the pages produced for our clients
is provided on an 'as is' and 'as was' basis and has been
provided by the business to which it relates and as a
result, LCP Communications shall have no liability nor
responsibility to any person or organisation with respect
to any loss or damage arising from the information or
use of the information or on any pages linked to those
pages whether or not such pages were created or designed
by LCP Communications. 6.2. LCP Communications are under
no obligation and does not assume any obligation to monitor
and alter the information residing on or transmitted by
its client's pages. However any client of LCP Communications
agrees that LCP Communications may monitor the contents
periodically to (i) comply with any necessary laws, rules,
regulations or other governmental requests (ii) operate
its services properly and efficiently (iii) protect itself,
its clients and users of the pages.6.3. LCP Communications
shall not be liable in respect of any breach of the Contract
due to any cause beyond its reasonable control (Force
Majeure). |
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7.
TRAFFIC POLICY ADDITION: |
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7.1
Free Data Transfer is limited to a fixed amount of 500mb
per month . These amounts are clearly published on our
hosting page. 7.2 We reserve the right to charge for
each MB transferred in excess of those limits at a charge
stated on the hosting page. 7.3 We reserve the right
to change both the transfer limits and prices at any
time without notice. |
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8.
SERVICE AVAILABILITY |
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8.1.
Our email and web services are subject to scheduled
and unscheduled outages which will impact your ability
to use our services. We will use commercially reasonable
efforts to restore the service after any unscheduled
outages. 8.2 We shall not, in any event, be liable for
interruptions of Service or down-time of the Server;
8.3 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;
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9.
INTELLECTUAL PROPERTY RIGHTS |
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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; |
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10.
INDEMNITY |
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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; |
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11.
TERMINATION |
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Without
in any way limiting our rights under subclause 5.3
11.1 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; 11.2 if you
break any of these terms and conditions and you fail
to correct the breach within thirty (30) days following
written notice from us specifying the breach, we may
terminate this Agreement forthwith upon written notice;
11.3 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 terminate this Agreement forthwith without notice
to you; 11.4 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. 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
Web Site as we think fit; |
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12.
LIMITATION OF LIABILITY |
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12.1
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
11.2; 12.2 Nothing in these terms and conditions shall
exclude our liability for death or personal injury resulting
from our negligence; 12.3 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; 12.4 In any event no claim shall
be brought unless you have notified us of the claim
within one year of it arising; 12.5 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;
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13.
NOTICES |
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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; |
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14.
LAW |
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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. |
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15.
PRIVACY |
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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. 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 LCP Communications
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 |
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16.
HEADINGS |
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Headings are included in this Agreement for convenience
only and shall not affect the construction or interpretation
of this Agreement. |
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17.
ENTIRE AGREEMENT |
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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. |
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