DNS Service
Terms & Conditions
- Services:
The following are the terms and conditions for use of the UkNics.org.uk
service including without limitation DNS, web parking, email and
other services which may be offered from time to time by UkNics.org.uk
for use with your UkNics.org.uk account member name (each feature
individually and collectively referred to as the
"Services"). Please read them carefully.
BY CLICKING ON "Sign Up"
AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU
ARE ELIGIBLE FOR A UkNics.org.uk.COM ACCOUNT AND THAT YOU AGREE TO
BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").
The Service is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
- Subscriber: The Subscriber is
defined as an individual who is accessing the Services.
Subscribers may not have more than one account. Subscribers cannot
share accounts. If a Subscriber has more than one account, UkNics.org.uk
reserves the right to aggregate the Subscriber’s usage across
all of his accounts for purposes of calculating accurate fees and
usage charges.
- Term: The term of Subscriber
subscription is effective as soon as the Subscriber begins using
the Services. UkNics.org.uk shall endeavor to enable Subscriber to
commence access to the Services (the "Access Date") as
soon as possible. Notwithstanding the foregoing, UkNics.org.uk
shall not be responsible or liable for any delay in the Access
Date for any reason, including, without limitation, equipment
delays, telephonic service delays, or any other reason, and
Subscriber's sole remedy for any such delay shall be to cancel the
Service and Subscriber shall be entitled to a refund of any
portion of the Initial Fee (as hereinafter defined) which has not
been used for costs, expenses or set up services
- Fees: Upon establishment of
an account through submission of the Signup Form, the initial fees
shall be due and payable and thereafter the Yearly Fees shall be
due and payable in advance unless otherwise specifically provided
in a written Quotation. Subscriber shall pay all applicable taxes
relating to use of the Service by the Subscriber. Subscriber shall
be responsible for all use of the Service accessed through
Subscriber's account and will pay for all usage charges accrued
thereunder whether or not they are authorized by the Subscriber.
In the event of unauthorized access to the Subscriber's account,
Subscriber must promptly notify UkNics.org.uk. Subscriber will
remain responsible for all charges to Subscriber's account until UkNics.org.uk
is so notified and has had a reasonable opportunity to cancel
access to the account. Any amounts not paid by Subscriber to UkNics.org.uk
when due shall bear interest at the rate of 1.5% per month until
paid in full and UkNics.org.uk may be obligated to suspend any
services until all payments are made. In addition if any amount is
not paid when due subscriber shall be responsible for UkNics.org.uk
cost of collection including attorneys' fees and costs. Current
usage terms and policies are available at http://www.UkNics.org.uk/policies.htm
- DISCLAIMER OF WARANTEES:
LIMITATION OF LIABILITY
A: UkNics.org.uk shall endeavor to
provide the Services in accordance with the standards of the
industry. UkNics.org.uk will make a good faith adjustment to any
amount paid or payable by the Subscriber for the use of the
Services to the extent of a failure of the services which renders
the Services unusable except to the extent caused by Subscriber or
based upon acts or conditions beyond UkNics.org.uk's reasonable
control; provided that Subscriber reports such problems to UkNics.org.uk
immediately upon discovery and requests an adjustment within 5
business days of such failure. Notwithstanding any other provision
of a written Quotation or these terms and conditions, in no event
shall UkNics.org.uk's liability for any reason upon any cause of
action in connection with this agreement, the Service or otherwise
exceed the Most Recent Yearly Payment by Subscriber to UkNics.org.uk
B: Subscriber acknowledges that UkNics.org.uk
has not made any representations or warrantees with respect to the
quality of the service or that the service will be accessible on a
continuous basis or that such accessibility will not be limited or
interrupted from time to time, and UkNics.org.uk specifically
disclaims any such representations, warrantees, or covenants
including without limitation the warrantee of merchantability or
fitness for a particular purpose. Subscriber acknowledges that UkNics.org.uk
shall not be liable or responsible for consequential damages, lost
profits or other damages of any type or nature, even if UkNics.org.uk
has been advised of such damages. Subscriber acknowledges that
sole remedy for any such failure is set forth in the second
sentence of paragraph 5A. Hereof Subscriber acknowledges that UkNics.org.uk
does not monitor or review any of Subscriber's material (as
hereafter defined); However, Subscriber acknowledges that UkNics.org.uk
may, upon receipt of a complaint, with respect to any of the
Subscriber material or any other reason, Prevent Subscriber
material from being accessible through the service; provided that UkNics.org.uk
shall have no obligation to Prevent Such Access and no liability
to Subscriber or any third party for Preventing Access To or
failure to Prevent access to such material.
- Subscriber Materials:
Indemnification: Policies
(A) Subscriber represents and warrants that any material which
Subscriber places on the service, permits to be placed on the
service with or without Subscribers authority, or on the Internet
and/or the Web through UkNics.org.uk's service, including
Subscriber's domain name(s), ("Subscriber Material")
will not 1) violate the rights of any 3rd party and
will not give rise to any claim of such violation 2) violate any
federal, state or local law, rule or regulation of any type of any
nature (civil or criminal), including without limitation, laws
with respect to obscenity, indecency, harassment, or export
controls or 3) contain or transmit any software disabling devices
or internal controls including, without limitation, time bombs,
viruses or the like.
(B) Subscriber shall indemnify and hold UkNics.org.uk and its
employees, agents, shareholders, officers, directors and
successors and assigns harmless from and against any and all
claims, damages, liabilities, costs and expenses (including
attorneys' fees and costs and settlement costs)
("Damages") arising out of any breach by subscribers of
any of the representations, warrantees or agreements set forth in
the Signup Form or these Terms and Conditions.
(C) Subscriber agrees to comply with UkNics.org.uk's policies with
respect to the Services, as such policies may be modified from
time to time including, but not limited to, UkNics.org.uk's policy
against "spamming" which is available at http://www.UkNics.org.uk/policies.htm.
- Termination: UkNics.org.uk
may terminate the term and Subscriber's right to use the service
at any time without cause by sending notice to the Subscriber. UkNics.org.uk
may Terminate the term and subscriber's right to use the service
immediately without prior notice on a breach of the these Terms
and Conditions by Subscriber. In addition, Subscriber may also
terminate this Agreement by giving written notice to UkNics.org.uk
and discontinuing use of the service. Terminations by subscriber
will be effective 60 (sixty) days after the date on which UkNics.org.uk
receives notice from the Subscriber and Subscriber will be liable
for fees and charges set forth in the Subscriber selected
subscription level though the termination date and any additional
usage fees accrued though the termination date. No refunds will be
given if the Subscriber cancels the Services, or if UkNics.org.uk
cancels the Services due to a breach of these Terms and
Conditions, and under no circumstances will any termination of
this contract result in a refund exceeding the unused portion of
any fees paid to UkNics.org.uk.
- Changes in Services, Terms and
Conditions, and Fees. UkNics.org.uk may modify these Terms and
Conditions or service prices and may discontinue or revise any and
all other aspects of the service in UkNics.org.uk's sole
discretion upon 30 (thirty) days notice. Subscriber shall be
deemed to have accepted any such changes or modifications by
continuing to use the Service after the end of such thirty days
period. A copy of UkNics.org.uk's standard Terms and Conditions
including any such changes made to such Terms and Conditions from
time-to-time is available at http://www.UkNics.org.uk/terms.htm
or a new address of which UkNics.org.uk gives subscriber notice.
- Miscellaneous
(A) These Terms and Conditions
shall be governed and construed under the laws under the State of
New York. Any dispute arising out of the these Terms and
conditions or any Services provided by UkNics.org.uk shall be
resolved in the Federal or State courts located in New York county
and Subscriber consents to the jurisdiction of such courts over
Subscriber. All notices given by subscriber shall be in writing
and addressed to: UkNics.org.uk 111 Broadway 11th
Floor, New York, NY 10006 or by Fax to 212-349-1090. All notices
to Subscriber shall be given either in writing, via email, via
Fax, or via telephone to the address, email address, fax number or
telephone number indicated on the Subscriber Signup Form.
(B) Subscriber acknowledges and agrees that Subscriber will permit
UkNics.org.uk to use its name and trademarks for promotional and
advertising purposes: provided that such use accurately reflects
the relationship of the parties. By signing up for services,
Subscriber has agreed to these Terms and Conditions. These Terms
and Conditions represent the parties entire agreement and
understanding, supercede any previous oral or written agreement
and may only be modified.
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