Terms & Conditions
All users of services provided by spacemonsters.com, 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.
1. DEFINITIONS
"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.
2. DOMAIN NAME REGISTRATION
These are standard terms and conditions which have been set out by the internet naming organisations.
SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) will:
Consider all submitted requests for domain name registration and accept or reject them in accordance with guidelines set by Nominet UK and ICANN.
Upon acceptance of registration requests submit names for registration and make full registration upon receipt of payment.
The registrant agrees that all details submitted in respect of a domain name registration are true and correct and any alterations made after the initial registration will be also.
Once a registration request has been completed no refunds will be made by SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM).
SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) reserves the right to halt the registration of a domain name if outstanding monies are owed to them by the registrant.
SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) process domain registration requests on a first come, first served basis. Until the registrant receives confirmation of registration from SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) there is no guarantee that the domain name requested will be registered.
SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) may cancel or halt domain name registrations under certain circumstances, including; where completing the registration puts SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) in conflict with guidelines set by Nominet UK or ICANN ; where SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) believe that there may be conflicts of rights to a particular name.
SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) does not accept any responsibility for the use of registered domain names especially where there may be conflict over rights to ownership.
SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) will do all they can to ensure that the registrant's details are submitted correctly during registration. SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) will not be liable under any circumstances for loss of profit suffered by the registrant.
The domain name registration period runs for one year from the date of registration. After this time period has lapsed, registration renewal may be made for periods of one or more years indefinately, upon receipt of payment of renewal fees. NB: The registrant is free to move his/her domain name elsewhere for renewal any time prior to expiry. No costs will be incurred as a result of this.
The registrant makes certain to SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) that the registration of a domain name and the way in which it is used (directly or indirectly) does not infringe the legal rights of any third party.
The registrant indemnifies SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) from any legal proceedings and costs that arise as a result of the registration of a domain name.
Data submitted by the registrant pertaining to the registration of a domain name may be available to other organisations and members of the public.
SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) reserve the right to make alterations to the terms and conditions of domain name registration at any time.
Transfers and renewals of domain names will be made under SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) Terms and Conditions of Domain Name Registration in force at that time of renewal or transfer.
Hosting and forwarding accounts are payable anually. No refunds will be made for part years.
SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) reserves the right to suspend or cancel a customer's access to any or all services provided by SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) when SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) decides that the account has been inappropriately used or otherwise.
SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM) do not allow any of the following content to be stored on its servers: Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of SPACEMONSTERS WEB HOSTING (SPACEMONSTERS.COM). Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
These terms and conditions do not affect your statutory rights as a consumer.
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;
3.3 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;
3.4 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;
3.5 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner;
3.6 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;
3.7 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 crackers (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 log-in 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 £30;
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. Charges are exclusive of 'Value Added Tax' which shall be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice;
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 (ie. is not cleared funds in our account), 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 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence;
10.2 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;
10.3 In any event no claim shall be brought unless you have notified us of the claim within 6 years of it arising;
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.