E-levation.net
Email and Web Services Terms and Conditions
Where the context admits: “We” includes E-levation. net or any party acting on E-levation.net’s implicit instructions. “You” includes the person purchasing the services or any party acting on the customer’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” the relevant domain names Registry. “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. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
Domain Name Registration
1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations
to the relevant naming authority but will not be obliged to take part in any such
dispute.
4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
Web Site Hosting And Email
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.
2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
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.
3.1. 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.
3.2. You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, 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 will not send bulk email whether opt-in or otherwise from our
network. Nor will you promote a site hosted on our network using bulk email.
3.4. You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
4. We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content.
5. You shall keep secure any identification, password and other confidential information relating to your accounts 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.
6. 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.
7. You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure manner.
8. In the case of an individual User, you warrant that you are at least 16 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 16 years.
9. 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 hackers and we shall be under no liability for nonreceipt or misrouting of email or for any other failure of email.
Service Availability
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.
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 7 days you will be notified of the reason.
Email and Web Services Termination
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.
2. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
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 suspend the Services and/or terminate this Agreement forthwith without notice to you.
4. No refunds will be made for Services suspended in accordance with 1, 2
and 3.
5. No refunds will be made for unused pre paid Services.
6. We reserve the right to suspend the Services and/or terminate this Agreement with regard to Email and Web services at any time.
7. You may cancel Email and Web Services upon thirty (30) days written
notice.
8. 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.
Indemnity
1. 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.
Revisions
1. We reserves the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner.
Notices
1 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.
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.
Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
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 and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those
expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
Credits