TERMS AND CONDITIONS - Domain
Names
Please read these Terms and Conditions before placing
any orders. Placing of ANY order with eSterling,
either in writing or verbally (eSterling will accept
a verbal order from a representative of a Client
in good faith) is subject to eSterling's standard
Terms and Conditions. These do not affect your statutory
rights under UK law.
1) SERVICE OBLIGATION
| 1.1 |
eSterling Limited will use reasonable
endeavours to ensure a prompt and continuing service
as described in the specification ("the Service")
but will not be liable for any loss of data resulting
from delays, non-deliveries, or service interruptions
caused by circumstances beyond the direct control
of eSterling Limited, or by errors or omissions
of the Customer. eSterling Limited specifically
excludes any condition of warranty as to the accuracy
of third party information received through the
Service. |
| 1.2 |
eSterling Limited will not be held
liable for indirect, economic or consequential loss
whatsoever. |
| 1.3 |
The liability of eSterling Limited
in contract or in connection with the supply of
the Service shall be limited in respect of any one
event or a series of two or more connected events
to the value of the domain name(s). |
| 1.4 |
Breach of Terms and Conditions
by customers shall lead to termination of Service
with no entitlement to refund. |
| 1.5 |
All fees paid are non-refundable
and once registered domain names cannot be changed
in their name or extension without the costs due
in the registration of a new name with the appropriate
registry costs. |
2) CONTRACT OF SERVICE
| 2.1 |
The contract period shall be for
the whole term of fees paid by the Customer until
the expiry of the valid domain name period usually
two years from the date of registration. |
| 2.2 |
eSterling Limited may elect to
suspend or terminate the Service immediately on
any default of payment by the Customer. |
| 2.3 |
From time to time parts of the
eSterling Limited network may be taken off-line
for repair or routine maintenance. eSterling Limited
will endeavour to give as much notice as possible
but will not be held liable for any unscheduled
downfall in the Network due to extraneous conditions
including but not limited to Act of God, inclement
weather, act of telephone or Governmental organisations
or power failure. |
3) IMPROPER USE AND LIABILITIES
| 3.1 |
The Customer shall acknowledge
that he/she will only use the Service for lawful
purposes. The Customer shall comply with the Acceptable
Use Policy ("AUP") , available on request,
which shall be considered as an integral part of
this agreement. eSterling Limited reserves the right
to revise the AUP from time to time. |
| 3.2 |
The Customer shall take reasonable
precaution to prevent the reception and transmission
of viruses to the eSterling Limited Network and
beyond and shall not attempt any intentional and
malicious damage to the eSterling Limited Network
or use the Service to affect other computers. |
| 3.3 |
It is the Customer's responsibility
to keep all user names and passwords secure and
not let third parties knowledge or access to them
or to store them on any computer in plain text or
in a format that is easily accessible. |
| 3.4 |
The Customer will notify eSterling
Limited immediately by telephone or e-mail in any
event of a username or password becoming known to
a third party. |
| 3.5 |
The Customer hereby indemnifies
eSterling Limited or its trading concerns against
any action taken by a third party resulting from
the Customer's use of the Service. |
| 3.6 |
The Customer shall notify eSterling
Limited of any action taken against them by a third
party and will not hold eSterling Limited liable
for any resulting costs. |
| 3.7 |
The Customer shall be responsible
and liable for any costs to telephone companies
by use of the Service from their point of connection. |
| 3.8 |
The Customer acknowledges that
eSterling Limited cannot exercise control over the
content of information passed across the Internet
and via the Service. |
| 3.9 |
The Customer agrees to conform
to the acceptable policies of connecting to other
Networks or computers across the Internet. |
4) SUB-LEASE/RE-SELLING RESTRICTIONS
| The Customer agrees not to re-assign,
re-sell, sub-lease or transfer their account in
any way, shape or form without the proper procedures
being followed as required by the appropriate domain
name registry. Contravention shall lead to immediate
termination of the Service to the Customer by eSterling
Limited. |
5) SERVICE AGREEMENT
| 5.1 |
The Customer has the right to withdraw
from or cancel their Service Agreement with eSterling
Limited at any time giving no less than 72hrs notice.
Any domain transfers should be made in writing via
email only and no refunds will be due for domain
registrations. |
| 5.2 |
Domain transfer requests -
provided all details are correct and procedures
followed by the customer - should be carried
out by eSterling Limited within 5 working days
of receiving the customer's email and the settlement
of all outstanding invoices/balances and including
the Domain Name transfer administration fee
of £75.00 + VAT per domain name. Domain
names transfers, either to an external company
or to another company within the Client's Group,
incurs the Domain Name transfer administration
charge. Non payment of the transfer administration
fee, or any outstanding debt will mean the refusal
of any Tag change request. |
6) DOMAIN NAME AGREEMENT
| 6.1 |
eSterling Limited will register
a domain to an individual and/or company on a per
domain basis and the individual or company is granted
exclusive use of this domain so long as all fees
are paid and the balance of any accounts are kept
up to date, at least 45 days prior to any registration
or renewal date. |
| 6.2 |
By registering a name you agree
to keep eSterling Limited and its associated companies
and its Directors fully and effectively indemnified
at all times against action brought about by any
person, persons or company against you in using
the name. You will assume liability and costs for
any such action and release eSterling Limited and
its associated companies should any such situation
arise. |
| 6.3 |
Any registered domain can be
used for any legal, decent and honest use on
the Internet and must not breach any UK laws.
The name cannot be used for any immoral or pornographic
use. The registrant agrees to have read and
accepted the terms and conditions of the appropriate
domain registry before ordering a domain name
for registration by eSterling Limited. By registering
a .uk domian name, you enter into a contract
of registration with Nominet UK on the following
terms and conditions (Nominet
Terms and Conditions) This is a separate
contract to any arrangement you may have with
any third party for the provision of internet
services. |
| 6.4 |
eSterling Limited shall not be
liable for indirect, incidental or consequential
damages, including loss of income, data, or information
in any event by use of the Service. |
| 6.5 |
eSterling Limited reserves the
right not to register or assign any domain name
for whatever reason. |
| 6.6 |
eSterling Limited reserves the
right to delete, suspend or re-assign any domain
name if payments have been defaulted upon and may
at its discretion levy admin charges in re-establishing
any domain or service thereof. |
| 6.7 |
eSterling Limited reserves the
right to vary the rate charged for domain name registrations
and renewals and/or modify the services offered
by notice via its website of any cost or service
changes. |
7) GENERAL TERMS AND LAW
| 7.1 |
eSterling Limited reserves the
right to carry out normal system housekeeping such
as creating back-ups. However do not accept responsibility
for ensuring that a Client's data will be fully
restorable if it has been amended by the client. |
| 7.2 |
If eSterling Limited suspect Illegal
Activity, we may notify the authorities and reserve
the right to carry out any necessary work on the
system which our lawyers advise us to do in the
protection of the system. |
| 7.3 |
This Agreement is governed by the
laws of the United Kingdom, and you consent to the
exclusive jurisdiction and venue of the Central
London County Courts or the London High Court in
all disputes arising out of or relating to your
use of the eSterling Limited service. |
| 7.4 |
You acknowledge that no joint venture,
partnership, employment, or agency relationship
exists between you and eSterling Limited as a result
of your use of eSterling Limited. You agree not
to hold yourself out as a representative, agent
or employee of eSterling Limited. You agree that
eSterling Limited will not be liable by reason of
any representation, act or omission to act by you. |
| 7.5 |
Each respective Registry (ie Nominet,
InterNic etc...) will notify the legal registrant
of the disputed domain(s) of their position
and liaise with all parties in dispuite as determined
by their respective terms and conditions of
service provision. eSterling Limited cannot
enter into any direct involvement with the resolution
of any dispute other than inform and relay to
its client any information supplied by the appropriate
Registry as we have no ultimate control over
of any domain assigned by any Registry. |
These Terms & Conditions are effective from
1/1/2002
© eSterling Limited. Copyright
1999-2008. All rights reserved.
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