TERMS AND CONDITIONS
Our business relationship with you
By ordering a service from Domain Devils, you agree to abide by these Terms and Conditions (“Agreement”).
1) All fees, including but not limited to set-up, hosting, domain names and programming, are non-refundable. Payment of such fees indicates your compliance with this Agreement.
2) All fees are due in advance of the services provided. For hosting, the minimum contract period is 12 months from your first payment (“Commencement Date”).
3) In the case of shared hosting solutions, this Agreement will renew automatically for successive 12 month terms under the same terms as provided for in this Agreement unless and until either party shall give to the other Party written notice of its intent to cancel at least 30 days in advance of the contract end date.
In the case of dedicated server solutions, this Agreement will renew automatically for successive 6 month terms under the same terms as provided for in this Agreement unless and until either party shall give to the other Party written notice of its intent to cancel at least 30 days in advance of the contract end date.
Failure to pay in advance may result in termination or suspension of services without notice. .
4) The use of any data or material, which Customer receives from the service provided by Domain Devils, is at Customer’s sole and absolute risk. Domain Devils specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.
5) Domain Devils will utilize its best efforts to maintain acceptable performance of services, but Domain Devils makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Domain Devils cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Domain Devils will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system. Domain Devils shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of Domain Devils.
6) Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney’s fees, (‘Liabilities’) against Domain Devils, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Domain Devils against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Domain Devils’ servers; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on Domain Devils’ servers. As a result of this, Customer agrees that Domain Devils shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Domain Devils. Notwithstanding the above mentioned, Customer’s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate pounds sterling amount which Customer paid during the term of this Agreement.
7) The Customer may only use Domain Devils’ services for lawful purposes. In the event that at any given time, Domain Devils believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Domain Devils has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:
a. Unauthorized distribution or copying copyrighted software, violation of export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities; Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
b. Unsolicited advertising via email and/or ‘Spamming’ is a violation of British, US State and Federal Law and is otherwise a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. Domain Devils reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, Domain Devils will charge One Pound (£1) per email recipient for any such activity;
c. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses), mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person’s permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. Domain Devils reserves the right to determine what is Net abuse;
d. Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights;
e. The Customer expressly understands and agrees that illegal Adult oriented Websites featuring nudity and acts of a sexual nature are expressly prohibited. Domain Devils reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.
Domain Devils will not be responsible for any damages your business may suffer. Domain Devils makes no warranties of any kind, expressed or implied for services we provide. Domain Devils disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Domain Devils and its employees. The services provided by Domain Devils are provided AS-IS and without any warranty expressed or implied. Domain Devils reserves the right to revise its policies at any time.
By registering a .uk domain name, you enter into a contract of registration with Nominet UK on these terms and conditions.