Freebournes House, Freebournes Road, Witham, Essex, CM8 3UN T: 01376 534570 Terms and Conditions for the Use of Europressdata LTD. Europressdata is operated by Europressdata Ltd. If you subscribe, your use of the Europressdata (“Services”) is subject to the following Terms and Conditions and Acceptable Use Policy and is only available in the UK. EXCEPT AS SET FORTH BELOW, FEES, IF ANY, FOR THE EUROPRESSDATA SERVICES, AND THESE EUROPRESSDATA TERMS AND CONDITIONS AND ACCEPTABLE USE POLICY (COLLECTIVELY “TERMS AND CONDITIONS”) ARE SUBJECT TO CHANGE WITHOUT NOTICE. IF YOU VIOLATE THE TERMS AND CONDITIONS, EUROPRESSDATA LTD RESERVES THE RIGHT TO CANCEL YOUR EUROPRESSDATA ACCOUNT(S), IN ADDITION TO OTHER REMEDIES IT MAY PURSUE. Technical Support EUROPRESSDATA provides technical support between the times of 8:30am – 5:30pm, Monday to Friday. All technical support calls are charged at the local call rate on 01376 534570. General Terms and Conditions You represent that you have the right and ability to enter into these Terms and Conditions. You affirm that the information you have provided during the sign-up process relates to you and is accurate. At any given time on your account, only one person is authorised to access the services. Reservation of Rights EUROPRESSDATA RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MAKE CHANGES AND MODIFICATIONS IN SERVICE, EQUIPMNET AND THE RATES AND TERMS OF THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTIFICATION. EUROPRESSDATA RESERVES THE RIGHT TO TERMINATE THE SERVICES AT ANY TIME. EUROPRESSDATA reserves all copyrights and other rights in and to any content available through the Services as identified as or claimed by EUROPRESSDATA as proprietary to EUROPRESSDATA (and its licensors). Data and Email EUROPRESSDATA assumes no liability for damage to account files, loss of data, or connect time charges attributable to your failure to maintain confidentiality or protect your passwords from unauthorised users. EUROPRESSDATA makes no guarantee and assumes no liability for the security of any data on any server, including secure servers. You acknowledge that there is no guaranteed privacy on the Internet and that EUROPRESSDATA is not liable for any viewing or interception of your email, news, etc. by outside parties. EUROPRESSDATA reserves the right to monitor your email, newsgroup and other activity if such activity adversely impacts EUROPRESSDATA Services or customers, or if EUROPRESSDATA staff suspects that such activity is in violation of these Terms and Conditions. Limitations on Use EUROPRESSDATA reserves the right to suspend or cancel your account if your use of the EUROPRESSDATA Internet Services adversely impacts system performance or is in violation of these Terms and Conditions. Consent You acknowledge that Internet sites and use of the Internet (including, but not limited to, newsgroups, chat, message boards, IRC, FTP, and Telnet) might consist of, include or provide access to images, sound, text and other content that may be unsuitable for children and objectionable adults. You acknowledge that EUROPRESSDATA is not responsible for any such content or material and agree that access to such material through use of EUROPRESSDATA services is at your sole risk. You acknowledge that safeguards relative to copyright ownership, decency, obscenity, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. EUROPRESSDATA does not evaluate, endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any service, opinion, material or information made available through the Services. No Warranty YOU EXPRESSLY AGREE THAT YOUR USE OF THE EUROPRESSDATA Internet SERVICES IS AT YOUR SOLE RISK. NEITHER EUROPRESSDATA NOR ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES EUROPRESSDATA OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES. THE SERVICES ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICATION TO THESE TERMS AND CONDITIONS. Limitation of Liability NEITHER EUROPRESSDATA NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY; IT BEING UNDERSTOOD, HOWEVER, THAT THIS DISCLAIMED AND LIMITATION OF LIABILTY WILL NOT APPLY TO THE EXTENT SUCH LIABILITY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. YOU AGREE THAT IT WILL NOT IN ANY WAY HOLD EUROPRESSDATA RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES. UNDER NO CIRCUMSTANCES SHALL EUROPRESSDATA, ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER’S USE OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OF THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO ALITERATION OF OR USER OF USER’S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCY OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT EUROPRESSDATA IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, EUROPRESSDATA’s LIABILTY SHALL BE LIMITED TO THE UNUSED BALANCE OF USERS’ SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. If the User is dissatisfied with the Service of with any terms, conditions, rules, policies, guidelines or practices of EUROPRESSDATA in operating the Service, Users’ sole and exclusive remedy is to discontinue using the Service. Acceptable Use Policy In addition to the foregoing limitations, you agree and acknowledge that EUROPRESSDATA may enforce these Terms and Conditions against you if you engage in any illegal activities or in activities that are otherwise unacceptable under the Acceptable Use Policy set forth in this section. YOU MAY NOT USE THE EUROPRESSDATA Internet SERVICES FOR ILLEGAL PURPOSES OR IN SUPPORT OF ILLEGAL ACTIVITIES, EUROPRESSDATA RESERVES THE RIGHT, AT ITS OPTION AND IN ITS REASONABLE GOOD FAITH DISCRETION, TO PROVIDE INFORMATION ABOUT YOU OR YOUR ACCOUNT WHEN REQUIRED TO DO SO IN CONNECTION WITH THE INVESTIGATION OR PROSECUTION OF CRIMINAL OR CIVIL MATTERS. Activities which are prohibited as potentially illegal include, but are not limited to: Unauthorised copying of copyright material including, but not limited to, digitisation and/or distribution of the following works in any form: photographs from any copyrighted source (such as newspapers, magazines or books); musical works and recordings, movie and video; or copyrighted software. Exporting software or technical information in violation of UK or other applicable export control laws. Posting or emailing of “make-money fast” schemes, “pyramid” or “chain” letters or other similar scams. Threatening bodily harm or property damage to individuals or groups. Making fraudulent offers of products of services. Distributing viruses to or from EUROPRESSDATA networks and/or connected equipment. Otherwise trafficking in illegal content. Attempting to access the accounts of others or attempting to penetrate security measures of EUROPRESSDATA’s or other entities’ systems (“hacking”), whether or not the intrusion results in corruption or loss of data. Harassing others by “mail-bombing”, “news-bombing” or “spamming”. “Mail-bombing” constitutes sending more than ten (10) similar messages to the same email address. “News-bombing” constitutes sending more than 10MB of data to a newsgroup. “Spamming” constitutes the transmission of unsolicited commercial mass mailings. Sending unsolicited email messages where the recipient objects to the content or receipt of the message is also prohibited under these Terms and Conditions. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public shall not constitute a request or invitation to receive messages. You acknowledge that you are prohibited from utilising EUROPRESSDATA’s Service or equipment or any EUROPRESSDATA Internet electronic mail address to send the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending or unsolicited mass mailings from another service, which in any way implicates the use of EUROPRESSDATA’s Service, EUROPRESSDATA’s equipment or any EUROPRESSDATA electronic mail address. You specifically agree that you will not utilise EUROPRESSDATA’s Service or equipment or any EUROPRESSDATA electronic mail address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more newsgroups in a single day. Even though not necessarily prohibited by law, you may not use the EUROPRESSDATA Internet Services for or in support of inappropriate purposes, such as: Accessing, storing or transmitting pornographic content. Engaging in activities that are vulgar or profoundly offensive. Profoundly offensive activities include, but are not limited to, posting or transmitting of material in support of racial, religious or other unacceptable bigotry. Revealing your account password to others or allowing use of your account by others (other than authorised users in your household). Use of the same username and password combination for simultaneous login except from the same equipment for the purposes of achieving an ML-PPP connection. Forging any message header, in part of whole, of any electronic transmission, originating or passing through EUROPRESSDATA servers. Installation of ‘auto-responders’, ‘cancel-bots’ or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt newsgroups or email use by others. It is also unacceptable to engage in an illegal or unacceptable activity using the service or another provider but channelling such activities through a EUROPRESSDATA Internet or account re-mailer, or using a EUROPRESSDATA Internet account as a mail drop for responses. EUROPRESSDATA RESERVERS THE RIGHT IN ITS SOLE DISCRETION TO REMOVE ANY INFORMATION, SOFTWARE OR OTHER CONTENT OR MATERIAL ACCESSED OR PROVIDED THROUGH THE USE OF THE SERVICES THAT IS (1) POTENTIALLY ILLEGAL, (2) COULD SUBJECT EUROPRESSDATA TO LIABILITY OR (3) OTHERWISE IN VIOLATION OF THESE TERMS AND CONDITIONS. EUROPRESSDATA HAS THE RIGHT TO ENFORCE USE OF THE SERVICES BY TEMPORARILY SUSPENDING YOUR ACCOUNT OR PERMANENTLY CANCELLING YOUR ACCOUNT AND TERMINATING YOUR ACCESS TO THE SERVICES. These Terms and Conditions constitute the entire agreement between the parties and shall be interpreted under the laws of England without reference to conflict of law principles. The software described in this document is furnished under a licence agreement. The software may be used or copied only in accordance with the terms of this agreement. Contact us by telephone on 01376 534570 or by email at [email protected]. .UK Domain Name Specific Information Please contact EUROPRESSDATA using one of the contact methods below, outside of office hours please email us at [email protected]. We will to respond to all points of contact within 1 business day and aim to resolve any issues you have within 5 business days. If you wish to raise a complaint about abuse you have received (phishing scams, spam emails etc), please contact us at [email protected] with as much detail about the abuse. We will investigate your complaint immediately. Here at EUROPRESSDATA we like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve on our services with valid feedback from you, our customers. If you wish to make a complaint about a service you have received, please submit an email to us at [email protected] including as much detail from the issue you have. We will acknowledge your complaint within 1 business day and aim to resolve any issues within 5 business days. If you’re not happy with the initial outcome of your complaint, than please feel free to escalate your issue to Nominet (the .uk registry) here: http://www.nominet.org.uk/disputes/complaining-about-registrar/complaints-procedure T&C’s for registrants including Nominets domain name registration T&C’s: http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-andconditions-domain-name-registration All domains are renewed on an annual basis, we will send out reminder emails 14 days before expiry. We will send the emails to the email address on the account, it is the registrants responsibility to make sure their contact details are up to date. EUROPRESSDATA take no responsibility if your domain renewal fails due to your contact details being incorrect. If you do not wish to renew a domain please make sure you contact us a minimum of 14 days before your domain expires by emailing us at [email protected]. If you do not renew your domain before its expiry date it will have all services we provide suspended and you will have up to 30 days (protected period) after to renew the domain name at the original renewal fee. Please refer to renewal notice emails for renewal fees. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee of £100.00 + VAT. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. EUROPRESSDATA will not guarantee the renewal of a domain name.
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