| 1. DEFINITIONS |
| 1.1 "Services" means
domain name registration, web site hosting, email and any other
service or facility provided by us to you. "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. |
| 1.2
"We" means Barracuda Computer Solutions Ltd. "You" means the Customer. |
 |
| 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. 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. |
| 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 shall not release
any domain to another provider unless full payment for that
domain and the transfer fee has been received by us; All domains
registered by Barracuda Computer Solutions Ltd shall reside on Barracuda Computer Solutions Ltd servers
pointing to Barracuda Computer Solutions Ltd web sites until the customer transfers
the domain or orders hosting services. |
 |
| 3. WEB SITE 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 or damage to any data stored on the Server. |
| 3.2 You shall effect
and maintain adequate insurance cover in respect of any loss
or damage to data stored on the Server. |
| 3.3 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: |
|
|
3.3.1 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 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.
|
| 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 Server which is detrimental to our
other customers. |
| 3.6 You shall procure
that all mail 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 Barracuda Computer Solutions Ltd 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 and we shall be under no
liability for non-receipt or misrouting of email or for any
other failure of email. |
 |
| 4. RESELLER TERMS AND
CONDITIONS |
| 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. |
| 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 No default by your
customers shall in any way affect, modify or limit your obligations
under this Agreement. |
 |
| 5. SERVICE AVAILABILITY
|
| 5.1 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.
|
| 5.2 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 30 days you will be notified of the reason. |
| 5.3 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 login 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. |
 |
| 6. PAYMENT |
| 6.1 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. |
| 6.2 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 and shall be due and payable in advance of our service
provision. |
| 6.3 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. |
 |
| 7. 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. |
 |
| 8. 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. |
 |
| 9. TERMINATION |
| Without in any way limiting
our rights under subclause 5.3 |
| 9.1 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. |
| 9.2 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. |
| 9.3 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. |
| 9.4 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. |
 |
| 10. LIMITATION OF LIABILITY
|
| 10.1 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 10.2; |
| 10.2 Nothing in these
terms and conditions shall exclude our liability for death or
personal injury resulting from our negligence; |
| 10.3 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; |
| 10.4 In any event no
claim shall be brought unless you have notified us of the claim
within one year of it arising; |
| 10.5 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; |
 |
| 11. 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 ancillary application forms 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. |
 |
| 12. 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. |
 |
| 13. HEADINGS |
| Headings are included
in this Agreement for convenience only and shall not affect
the construction or interpretation of this Agreement. |
 |
| 14. 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. |