Terms | Clientserv Ltd

Terms & Conditions

Terms and Conditions

SECTION 1 – DOMAIN NAME REGISTRATION

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

1.a) Fees

As consideration for the domain name registration services provided by clientserv , you shall pay all applicable initial registration fees and renewal fees. 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 canceled. You agree that clientserv 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.

1.b) Dispute Policy

In applying for a domain name, you warrant that the registration is not made in bad faith and that the name does not conflict with another domain name.

If your domain name is challenged by a third party, you agree that in the event of a domain name dispute arising with any third party you will indemnify, defend and hold clientserv harmless.

1.c) Use of Your Information

As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes:-

i) your full name, postal address, e-mail address, voice telephone number and fax number if available;
ii) the name of an authorised person for contact purposes in the case of a registrant that is an organisation, association or corporation;
iii) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
iv) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
v) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and
vi) any remark concerning the registered domain name that should appear in the Whois data.

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 acknowledge that clientserv will allow some of the information that you provide during the registration process to be made publicly available as required by ICANN (The Internet Corporation for Assigned Names and Numbers) for the purposes of making available contact information regarding domain name registrations. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that clientserv may or must make available to the public or to private entities. clientserv will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in clientserv ‘s possession to review, modify or update such information.

1.d) 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.

1.e) 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.

1.f) Limitation of Liability

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

i) any loss of registration of a domain name;
ii) the use of your domain name;
iii) access delays or access interruptions to the registration systems of either clientserv or any applicable domain name registry;
iv) the non-delivery or misdelivery of data between you and clientserv , or between clientserv and any applicable domain name registry;
v) events beyond the control of clientserv or applicable domain name registry;
vi) the processing of this application;
vii) the processing of any modification to the record associated with your domain name;
viii) your failure to pay any fees hereunder.

Further, clientserv 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, even if clientserv has been advised of the possibility of such damages. In no event shallclientserv ‘s maximum liability exceed the total amount paid by you to clientserv for registration of your domain name during the prior 3 years. To the extent applicable state does not allow the limitation of liability for consequential or incidental damages, our liability is limited to the minimum extent permitted by law.

1.g) Indemnity

You agree to defend, indemnify and hold harmless clientserv 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. This indemnification is in addition to any indemnification required under the Dispute Policy.

1.h) Representations and Warranties

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

1.i) Breach and Revocation

Any breach by you of these Terms & Conditions must be remedied by you within 30 days of notice from clientserv . If you fail to cure the breach, the registration of the domain name may be revoked.

You also agree that at such time as clientserv 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, clientserv shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration.

SECTION 2 – HOSTING PACKAGES

2.a) 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 us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on all 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.

In addition, any site-selling or promoting bulk email services is not allowed.

Examples of non-acceptable content or links:

i) Pirated software;
ii) Hackers’ programs or archives;
iii) Warez sites;
iv) IRC Bots;
v) MP3;

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

2.b) Traffic Guidelines
Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 1Gb of free traffic per month:-

i) Sub-hosting – any domain housing additional users;
ii) Shareware, sound, video, image and multimedia archives;
iii) Mirror sites;
iv) Distribution points;
v) Any site whose primary purpose is file distribution.

2.c) CGI Scripts

Each account comes with its own cgi-bin. 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.

2.d) Chat Rooms
We do not allow clients to install their own chat rooms. These tend to use up massive system resources and we cannot allow it as an account option. We do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others.

2.e) Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

2.g) Commercial Advertising – Email
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. Advertising sites on other servers, which in turn contain links to a domain on our servers, is prohibited. 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. In addition, we will impose a £100.00 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.

2.h) Server Abuse
Any attempts to undermine or cause harm to a server is strictly prohibited.
2.i) Indemnification
The customer agrees to defend, indemnify, save and hold clientserv harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, asserted against clientserv , 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 clientserv against liabilities arising out of the following:-

i) any injury to person or property caused by any products sold or otherwise distributed in connection with clientserv ‘s server;
ii) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
iii) copyright infringement.

2.j) Refusal of Service

We reserve the right to refuse or cancel service at our sole discretion.

2.k) Disclaimer
clientserv will not be responsible for any damages your business may suffer. clientserv makes no warranties of any kind, expressed or implied, for services we provide. clientserv 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 clientserv and its employees. clientserv reserves the right to change or update its policies without notice.

2.i) Hosting minimum term
Our hosting packages come with a minimum term of 12months after any trial period. You can cancel at any time but you will be liable for the difference between what you have used and 12 months. We are bound by the same terms unless there has been a breach of this agreement where we can terminate at any point.

If any terms or conditions are not followed, this will result in grounds for immediate account deactivation.
SECTION 3 – GENERAL

3.a) Governing Law

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

3.b) General

These Terms & Conditions, together with all amendments or modifications to it, constitutes the complete and exclusive agreement between you and clientserv, 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 ofclientserv to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver byclientserv 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. clientserv 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 clientserv 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 clientserv

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