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LCP Communications - TERMS OF BUSINESS

1. DEFINITIONS

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.

2. ACCURATE INFORMATION

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.

3. FEES, PAYMENT AND TERM OF SERVICE

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.

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;

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.

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.

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.

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;

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.

4. DOMAIN NAME REGISTRATION

Transfer Out
If you have decided that you wish to transfer away, please ensure that you have all the information you require to hand and that you have followed your new Hosts instructions regarding domain transfers before proceeding past this stage.

5. WEB SITE HOSTING and email

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.

6 WEB DESIGN

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).

7. TRAFFIC POLICY ADDITION:

7.1 Free Data Transfer is unlimited. 7.2We reserve the right to change both the transfer limits and prices at any time without notice.

8. SERVICE AVAILABILITY

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;

9. INTELLECTUAL PROPERTY RIGHTS

9 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;

10. 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;

11. TERMINATION

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;

12. LIMITATION OF LIABILITY

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;

13. NOTICES

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;

14. 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.

15. PRIVACY

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

16. HEADINGS

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

17. 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.