Terms and Conditions
netthe.net Terms and Conditions Glossary of terms used within netthe.net "Bandwidth" relates to the `channel` through which data (Internet Traffic) is transmitted on the Internet. "Delivery Date" is the date that the website is ready to go live onto netthe.net and services are first made available to the Customer. "Contract" means the Terms and Conditions of use and the Prices. "Customer" means the person named as such on the Order Form and anyone reasonably appearing to netthe.net to be acting with that Customer's authority or permission. The Customer may be acting as an individual, a registered Company, partnership or sole trader in any of the countries in which netthe.net is operating. "Domain Name" means a name registered with an Internet registration authority for use as part of the Customer's URL (Universe Resource Locator; the physical location of the web page). "Email" (electronic mail) means the process of sending written messages, files, pictures, faxes in an electronic format to another person or machine via the Internet. "Hosting" refers to the service involving the placement of a website onto the Internet through a computer server. Once this is done, anyone anywhere in the World is able to access those Web pages and view the information that is provided there for them. "Internet" means the global data network comprising interconnected networks using TCP/IP ("Transmission Control Protocol/Internet Protocol"); "Licence" refers to permission given by netthe.net to the Customer to enable them to use the netthe.net website design services and software. "netthe.net website" means any website designed and licensed by netthe.net to the Customer. "Price List" means the schedule of charges for the Service as provided by netthe.net, details of which can be obtained from the netthe.net website. "Search Engine" refers to websites which are internet directories. "Service" means the services as provided by netthe.net to the Customer and, where applicable, any other services and facilities provided by netthe.net for the Customer in connection with the Service; "WAP" Wireless Application Protocol is a specification for a set of communication protocols to standardize the way that wireless devices, such as cellular telephones and radio transceivers, can be used for Internet access and enables the technologies of different manufacturers to interoperate. "Web Browser" is an application program that provides a way to view and interact with information published on the Internet. "Web Page" means a unit of information, often called a document, that is available over the Internet. Web pages are created using Hyper Text Mark-up Language (and others languages) which defines the contents of a web page such as images, text, hypertext links, video and audio files, etc. "Web Server" is a computer connected to the Internet that is used to serve requests for web pages held on it. 1) Customer Details 1.1 The details provided by the Customer to netthe.net must be true, correct and complete. An email address must be provided and the Customer agrees to notify netthe.net immediately of any changes to this information 1.2 netthe.net will respect the Customers personal information and undertake to comply with all applicable UK Data Protection legislation currently in force. 1.2 netthe.net will use the personal information which is provided and the records of visits to constantly monitor and improve our Service to the Customer and for marketing purposes in accordance with our Privacy Policy. 1.3 Privacy policy: netthe.net will use the information provided by the Customer to promote a more personal service. We are required by the Data Protection Act 1984 and 1998 to follow strict procedures to protect customer information. 1.5 netthe.net may use this information to tell the Customer about changes to netthe.net and let them know about the Service and those products and services of other companies we work with. If you, the Customer, do not wish to receive this information you may email us at remove25@netthe.net. 1.6 netthe.net may pass the information we collect about the Customer to other carefully selected companies whose products and services we think may be of interest to you. If you do not want us to do this please email us at remove26@netthe.net 2) Domain Names 2.1 As part of the Domain Name registration process, the Customer is required to provide netthe.net with certain information including e-mail and physical correspondence address. The Customer must update us as such information changes so that our records are current, complete and accurate by updating their netthe.net personal netmanager, accessed using the login details provided. Should the Customer fail to notify netthe.net of any change in details then netthe.net shall not be liable for any loss to the Customer arising from any such failure. 2.2 The Customer must obtain the consent of individuals whose personal data are to be held on a Domain Name register or are otherwise provided to netthe.net. 2.3 Any notice or other communication to be given by either party under this Agreement must be in writing and must be given by delivery or sending by second class post or other faster postal, e-mail service or telex, facsimile transmission or other means of telecommunication in permanent written form (provided the addressee has his or its own facilities for receiving such transmission) to the last known postal or E-mail address or relevant telecommunications number of the other party. Where notice is given by sending in a prescribed manner it shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was despatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee. 2.4 The minimum contractual period for registering all domain names is 24 months from the first day that the Domain Name is registered for the Customer. The initial payment will cover the first 12 months of registration only. Any options purchased will be subject to a minimum term of 12 months. 2.5 Should the Customer decide to move their domain name away from the netthe.net servers then they will be subject to the standard transfer fee as stated on the netthe.net price list. If the transfer is requested within the first 12 months of registration then payment for the second year must also be made. However, in the case of .com, .net .org domains the second year fee will not be required by netthe.net as this will be the responsibility of the new host. Note that within the last 30 days of the registration the Naming Authority will `lock` domains preventing transfers at that time. Payment for the next year will therefore need to be paid to netthe.net at that time before the transfer can take place. 2.6 In order to complete the transfer any domain names, netthe.net require that the Customer sends us something in writing by post or by fax (not email) stating the domain name. For .uk domain names we will also require the IPS tag. For other names the Customer must ask their new host to initiate an Automated Transfer request. 2.7 Subsequent years will be charged as per the price list. However, netthe.net reserve the right to increase these domain name charges in line with the Retail Price Index (UK) or if the Naming Authority fees increase. 2.8 At the end of the minimum contractual period, the Customer will be notified in advance to the email address on our record regarding the next 12 months registration will be required for the Customer to retain the domain names and any options. At this point the Customer may renew online within their Personal netmanager or leave them to be renewed automatically by netthe.net. If we are unable to process the renewal the Customer will be notified. Should the Customer not wish to retain the names or any options then they must notify netthe.net. If notification is not sent then the Customer will not be entitled to a refund if the name or options are subsequently not required. 2.9 The Customer may obtain a copy invoice for all transactions by logging onto their Personal netmanager and selecting my details. 2.10 Failure for any reason by the Customer to make payment for the Domain Name Registration and/or any services provided by netthe.net by the specified date will entitle netthe.net to withhold any services until payment has been received. If payment is not received then netthe.net will not make payment to the Naming Authority for the renewal fee which may result in the Domain Name being cancelled. In such circumstances netthe.net retain the right to use the domain name for their own use. 2.11 A Customers failure to make payment to netthe.net by a due date may result in that customer irretrievably losing their domain name registration and netthe.net will not be liable for any losses incurred. 2.12 The Customer may pay for the Domain Name by Credit or Payment Card on-line or over the phone. 2.13 netthe.net is a member of Nominet, the regulatory body for Domain Registrations in the UK and all .uk domain registrations that netthe.net process are subject to their terms and conditions http://www.nominet.org.uk/nominet-terms.html 2.14 netthe.net are also members of one of the regulatory bodies for Domain Registrations in the USA. 2.15 All Domain Name registrations via netthe.net are processed through the automated systems of either of these regulatory bodies. 2.16 The automated systems that the regulatory bodies use and from which netthe.net take their information are not under the control of netthe.net. Therefore netthe.net accepts no responsibility if a Domain Name ordered by the Customer is stated as being available but is subsequently found to be unavailable. 2.17 Domain Name registries retain the right to register or refuse to register a Domain Name applied for by netthe.net on behalf of the Customer therefore, netthe.net makes no warranty or representation of any kind in relation to the likelihood or otherwise of a particular Domain Name application being successful. 2.18 netthe.net accept no responsibility if, for any reason, we have been unable to secure a Domain name. 2.19 Payment of registration fees to netthe.net does not imply acceptance. Where it transpires that a Domain applied for is unavailable, delayed, declined or for any reason the registration is cancelled by any authority, or if any error or technical fault by any party results in the loss of the Domain then the purchaser will be re-imbursed in full the payment made in respect of that Domain name but shall not be entitled to any further compensation. 2.20 netthe.net shall not be liable to the Customer for any direct, indirect or consequential loss, damage, cost or expense including without limitation any loss of profit, business or anticipated savings suffered by the Customer on account of a failure to obtain or loss of a Domain Name. 2.21 netthe.net request that once the Customer has registered a domain name that they check on the Internet after 48 hours has elapsed to see if their name is `live` and to alert netthe.net to any errors with the registration. 2.22 They can do this by logging onto netthe.net using the login details supplied at the time of order and clicking on the arrow next to their domain name at the top of the page to be taken to their site. A netthe.net page will show (unless web forwarding has been activated). 2.23 netthe.net reserve the right to place a complimentary webpage on any Domain Name registered by netthe.net on behalf of a Customer and to place some netthe.net keywords within the meta tags. Any keywords entered by the Customer will automatically relegate the netthe.net keywords to a secondary position. 2.24 netthe.net will offer the Customer a free website for every Domain Name which has been registered with netthe.net or for every Domain Name which is transferred to netthe.net. 2.25 This free website will be subject to the terms of the netthe.net website licence as stated in Clause 6 of these terms and conditions. 2.26 netthe.net reserve the right to withdraw any service which is offered free at any time. 2.27 The Customer will be able to access and update this free website by using the username and password which will be supplied to them. The Customer will be responsible for entering their own text and images onto the website and netthe.net accept no responsibility for any information incorrectly loaded onto any websites by the Customer. 2.28 The netthe.net product is modular allowing a separate upgrade path. Should the Customer decide to purchase any of these options then these will be subject to a separate 12 month term with netthe.net. If the Customer purchases any of these options and then changes their mind then they shall not be entitled to a refund. 2.29 Should the Customer decide to purchase additional domain names whilst logged in with their username and password then these will automatically be registered using the details previously supplied, added to their present account and will only be accessible using the same username and password. 2.30 If the Customer is purchasing domain names for anyone else then they must create a brand new order without their login details so that separate usernames and passwords are created and so that the name is registered with the Naming Authorities correctly. If the Customer does not do so and subsequently wishes to separate the domain names onto different login details then this can be done but will incur an administration charge of £10 per domain name. 2.31 netthe.net may, from time to time, offer incentives to the Customer to purchase any of these options by giving discounts off the netthe.net listed price. These discounts will relate to the 12 month term for those options only. At the end of that term, should the Customer wish to re-purchase those options on a new 12 month term then they may do so at the price quoted on netthe.net at that time. 2.32 The netthe.net system allows images in jpeg or gif format to be loaded on to the free website. If the images are too large or in a format which the system does not recognize then the system may not load it. netthe.net accept no responsibility if this is the case. 2.33 If the Customer has been issued with a username and password and subsequently loses or forgets their password then these details may be e-mailed back to them. This facility is located below the existing user login box on netthe.net. 2.34 The Customer accepts that the application process, registration and subsequent use of any Domain Name is subject to the current terms and conditions and policies of the relevant registry and the Customer agrees to abide by all such rules and policies. 2.35 The Customer accepts that to their knowledge use of the name does not violate trademark or other statutes and that registration of a Domain Name does not confer any legal rights to a name or its use. It is accepted that any disputes between the Customer and a third party are to be settled using normal legal methods. The Customer agrees that netthe.net will not be drawn into any such argument or dispute in any circumstances unless otherwise agreed by the parties in writing and signed by a Director of netthe.net. 2.36 If a Customer purchases a Domain Name from netthe.net and subsequently decides to purchase additional services then they shall not be entitled to any discount unless explicitly stated by netthe.net. 2.37 If a Customer already possesses a.co.uk or.com Domain Name and wishes to use this for their netthe.net website then they may do so by transferring the domain name to netthe.net. 2.38 netthe.net will not charge a fee for a Domain Name to be transferred to them. 2.39 netthe.net accepts no responsibility for any charges which the Customer may incur in transferring a Domain Name to netthe.net. 2.40 If the Customer decides to transfer a Domain Name to netthe.net they will not be entitled to any discount against other netthe.net services for this action. 2.41 netthe.net will not require the Customer to pay anything for a domain name that has been transferred to us until such time as the domain name expires, however, the Customer will be subject to the netthe.net standard terms and conditions of Domain Name registration as set out in this document immediately upon the name having been transferred to us. 2.42 The renewal date for the Customers domain name and other options purchased is available for the Customer to see at any time by logging onto their Personal netmanager. netthe.net will inform the Customer by email in the first instance approximately 30 days prior to domain name expiry. It is the Customers responsibility to inform netthe.net of any change of contact details (clause 2.1). 2.43 Customers that purchase a netthe.net domain and any options via a netthe.net Reseller will still be subject to these standard terms and conditions. 2.44 This Agreement for Registration of Domain Names shall be determined by (clause 7.14 a/b). 3) Payment 3.1 The Customer agrees to pay all charges for the Service as specified in the Price List. 3.2 Charges are payable in advance. Unless netthe.net notifies the Customer to the contrary, the Customer's liability for charges will start from the date that the Customer agrees to register a domain name with netthe.net. 3.3 In the event of any non-payment, abuse of the service or any breach of these terms by the Customer then netthe.net reserves the right to suspend the service until such time as any such breach is remedied. In the event that the Customers service is suspended netthe.net reserves the right to implement a £25 surcharge to cover our administration time. This account must be settled in full prior to the site being put back on-line. 3.4 Charges are payable on demand and, unless the Price List states otherwise, charges for the Service are exclusive of Value Added Tax and any other applicable sales taxes which will be added to the Customer's bill at the prevailing rate. 3.5 Once a domain name has been registered, should the Customer wish to cancel this registration for any reason they will not be entitled to a refund of any charges paid. 3.6 If netthe.net have been unable to obtain payment for the second year, access to the Customers netthe.net account will be suspended. netthe.net reserve the right to instruct a Collection agency to recover the payment due. In such a case a fee of £25 will automatically be added to the Customer account. 3.7 All services provided by netthe.net are quoted on a 12 monthly basis and payment is required in advance. Should a Customer decide to purchase any option and makes payment then they shall not be entitled to a refund should the subsequently decide to change their mind. 3.8 Approximately 60 days prior to the end of the initial 12 month period of registration the Customer will be able to choose to renew the name online should they wish to use a new payment card. Should the name not be renewed online then netthe.net will automatically bill the next 12 months to the payment card used at the time of the original order. 3.9 If payment has not been received for any optional services by the time the 12 month period expires then these services will expire and netthe.net accept no responsibility if information placed by the Customer on their website is subsequently lost. 4) Matching Mail (E-mail forwarding) 4.1 The Customer undertakes that it will not (and will ensure that others under its control will not) via email; 4.1a transmit Inappropriate Material. 4.1b infringe the Intellectual Property Rights of any third party. 4.1c make use of netthe.net's web server to an extent or in a manner which, in netthe.net reasonable opinion, is excessive, wasteful or otherwise to the detriment of netthe.net, any of netthe.net's customers or any other third party, including but not limited to the transmission of bulk e-mail ("spamming") or "flaming". 4.2 The Customer acknowledges that it is responsible for complying with all relevant legislation when sending e-mail. 4.3 The Customer acknowledges and agrees that netthe.net is not responsible for the security of the contents of e-mail sent or received by the Customer 4.4 netthe.net will use its reasonable endeavours to ensure that messages are routed accurately and promptly but does not accept any liability for non-receipt, non-delivery or misrouting of e-mail or any other failure of the e-mail system. 4.5 Subject to which service provider the Customer uses, it may not be possible for the Customer to modify their outgoing mail settings enabling them to send out e-mails using their Domain Name. netthe.net accept no responsibility if this is the case. 4.6 netthe.net's policy is to respect the privacy of e-mail messages sent, received, forwarded or otherwise dealt with by it and the Customer acknowledges that netthe.net will therefore not monitor, edit or disclose the contents of such messages unless required to do so by law or competent authority or to protect netthe.net's rights and/or position. 5) Domain Name Dispute Policy 5.1 Once the Customer has reserved or registered a Domain Name through netthe.net, or transferred a Domain Name to netthe.net from another registrar, the Customer agrees to be bound by the Domain Name Dispute Resolution Policies which are incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy for .uk Domain Names may be found at http://www.nic.uk/ref/drs.html The current version of the Dispute Policy for all other Domain names (the ICANN Uniform Dispute Resolution Policy) may be found at http://www.icann.org/udrp/udrp.htm Both of these policies may be amended from time to time. 5.2 The Customer agrees that, by maintaining the reservation or registration of your Domain Name after modifications to the Dispute Policy become effective, you have agreed to these modifications. 5.3 The Customer acknowledges that if they do not agree to any such modifications, they may request that their Domain Name be deleted from the Domain Name database. 5.4 The Customer agrees that, if the registration or reservation of their Domain Name is challenged by a third party, they will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. 5.5 The Customer agrees to indemnify netthe.net, its employees and agents and shall hold them harmless from and against all losses, penalties, damages and liability claims or expenses arising from any claims by third parties as to registration or other rights to use a Domain Name where one has been registered by or transferred to netthe.net or arising in any way by the Customer infringing (whether innocently or knowingly) third party rights. 6) The Licence 6.1 netthe.net will grant the Customer a personal, non-exclusive, non-transferable and revocable licence for on-line use of the proprietary software hosted on the netthe.net web server. This licence starts on the completion date and continues until our contract with the Customer is terminated. 6.2 The licence is applicable to any Internet services available from netthe.net whether they have been paid for or not. 6.3 The Customer may use and access the software only for benefit in the normal course of business activities. 6.4 The Customer must not make it available for other parties to use. 6.5 The Customer may not copy the software under any circumstances. 7) Provision of Service 7.1 If the Service is to be provided by a date specified by netthe.net, such date shall be treated as an estimate only and netthe.net does not accept any liability for any failure to meet the date. It is technically impracticable to provide a service free of faults and netthe.net does not undertake to do so. netthe.net will correct any reported faults as soon as it reasonably can. 7.2 netthe.net will monitor the Customer's monthly bandwidth usage. If the Customer should happen to exceed their allocated monthly bandwidth then netthe.net reserves the right to restrict their usage in order to protect all other Customers using the netthe.net web servers. 7.3 netthe.net shall have no liability to the Customer for losses arising from any material, data or instructions supplied whether digitally or otherwise by the Customer or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Customer or on its behalf. 7.4 netthe.net free websites are limited to one webpage of text and an image. 7.5 netthe.net will design web pages that are compatible to modern web browsers but they are not compatible with WAP. It is impossible to take into account the user's browser type, operating system, screen resolution and monitor size and the appearance of a document will vary from one browser to another depending on the capabilities of each browser and your computer system. 7.6 All prices quoted to the Customer for the provision of services by netthe.net are exclusive of any Value Added Tax for which the Customer will be additionally liable at the applicable rate. 7.7 All confidential information of the Customer disclosed to netthe.net shall be regarded as disclosed in confidence and shall only be used in connection with the affairs of the Customer and not be passed on to any third party. Nor will it in any way be made use of by netthe.net at any time either during or after the termination of this agreement save with consent or with disclosure into the public domain. 7.8 netthe.net reserves the right to suspend all services without refund of any costs and without notice should the Customer use netthe.net services to send unsolicited E-mail (spamming). 7.9 Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver. 7.10 If either netthe.net or the Customer is unable, or if it is impracticable, to perform any of its obligations under these conditions due to circumstances beyond its control it shall immediately give notice to the other party in writing and indicate what steps (if any) are being taken to remedy the situation. 7.11 This Agreement should be deemed to expire only in the event that the Customer sends written termination notice, in accordance with Clause 7.14. 7.12 Any breach by the Customer of any of its obligations there under shall entitle netthe.net to recover its loss arising from any such breach. 7.13 This Agreement shall be determined:- 7.13a Forthwith by either party if the other commits any material breach of any these conditions which (in the case of a breach capable of being remedied) has not been remedied within 30 days of a written request to remedy the same. 7.13b Forthwith, by either party, if the other shall convene a meeting with its creditors or if a proposal shall be made for a voluntary arrangement within part 1 of the Insolvency Act 1986 or a proposal for any other composition scheme of arrangement with (or the assignment for the benefit of) its creditors or if the other shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee receiver or administrative receiver or similar officer is appointed in respect of all or any of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or any other steps are taken for the winding up or the making of an administrative order (otherwise than for the purposes of a solvent amalgamation or reconstruction). 7.14 Any termination pursuant to the preceding clause shall be without prejudice to any other rights or remedies which a party may be entitled to hereunder or at law and shall not effect any previous rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continuing force upon or after such termination. 7.15 These conditions (together with terms, if any, which are agreed in writing between the parties) constitute the entire agreement between the parties and supersede any previous agreement or understanding. All other terms and conditions (express or implied by statue or otherwise) are excluded to the fullest extent permitted by law. 7.16 netthe.net use cookies to inform us when an existing Customer re-visits so that we can associate that visit with previous orders and thus offer a more personalised service. 7.17 netthe.net log cookie information, but this will only be used for fixing cookie-related or order-related problems or tracking abuse of our system and will not be passed onto anyone else. 7.18 netthe.net do understand that some people disallow cookies for security or privacy reasons. The Customer therefore does have the option whether to have cookies located on their browser by clicking the appropriate box within netthe.net. 7.19 Any notice or other communication to be given by a party under this Agreement must be in writing and must be given by delivery or sending by second class post or other faster postal, e-mail service or telex, facsimile transmission or other means of telecommunication in permanent written form (provided the addressee has his or its own facilities for receiving such transmission) to the last known postal or E-mail address or relevant telecommunications number of the other party. Where notice is given by sending in a prescribed manner it shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was despatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee. 7.20 At all times the Customer must specify a communications address in a recognised form to which the Company may send all notices or other forms of communication, (particular in an emergency). Should the Customer fail to notify netthe.net immediately of any change in particulars then netthe.net shall not be liable for any loss to the Customer arising from any such failure. 7.21 If any provision of these conditions held by any competent authority be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected. 7.22 netthe.net reserves the right, at its sole discretion, to refuse to provide the netthe.net website and/or licence to the Customer for any reason. 7.23 netthe.net do not submit Customer websites to any Search Engines. However we do allow the Customer to update the Meta tags (keywords and description) relating to these sites which the search Engines use to locate websites. 7.24 netthe.net reserves the right to charge these Terms and Conditions at any time. Latest versions will be available to view on the netthe.net website. 7.25 netthe.net endeavours to respond as soon as possible to any questions received by e-mail during normal working hours (9am to 5:30pm Monday to Friday). Any e-mails received after this time will be processed on the next working day. 8) netthe.net Obligations to the Customer 8.1 We agree to use our reasonable endeavours to maintain netthe.net as a fully operating service. As we cannot guarantee that this will always be the case we do not accept responsibility for any costs, loss of profits, loss of data, or consequential losses arising from your use of, or inability to access netthe.net. 8.2 As netthe.net are unable to exercise control over any material transmitted over the Internet, netthe.net hereby excludes itself from liability of any kind for any such material knowingly or unknowingly published or transmitted by the Customer and/or passing through or residing on web servers that are in anyway connected with netthe.net. The Customer hereby agrees to indemnify and hold netthe.net harmless from any claim brought by third parties alleging that use of netthe.net has infringed any intellectual property right of any kind or any applicable UK or International legislation or regulation. 8.3 In order to maintain the integrity of netthe.net, we reserve the right to forward contact details to the Police or other Regulatory authorities where requested to do so. We may also forward contact details where a complaint arises concerning Customer use of netthe.net and where that use is deemed by us to be inconsistent with these user conditions. 9) Customer Obligation to netthe.net 9.1 The Customer is responsible for providing all their own equipment required to access the Internet as well as paying all telephone charges that this connection will incur. 9.2 The Customer agrees to only use netthe.net in a manner that is consistent with these user conditions and in such a way as to ensure compliance with all applicable laws and regulations. In doing so the Customer agrees not to publish any material which may be deemed to be defamatory, offensive, threatening or in breach of copyright or applicable laws. 9.3 Where applicable the Customer is responsible for maintaining the confidentiality of their username and the password assigned to them. As a result, you are fully responsible for all activities that occur under them. You must notify us immediately of any unauthorised use to which you become aware. 9.4 The Customer acceptance of the netthe.net licence and use of netthe.net carries with it no rights in relation to copyright, trademarks or other intellectual property rights in netthe.net. 9.5 The Customer shall notify netthe.net immediately if it becomes aware of any unauthorised use of all or any of the Internet Solutions by any person. 9.6 The Customer shall treat as confidential the Internet Solutions supplied by netthe.net and either designated as confidential by netthe.net or confidential by its nature (information). Information shall not include information which is lawfully in the possession of the Customer otherwise than through disclosure by netthe.net or which is in the public domain (otherwise than through unauthorised disclosure by the Customer). 9.7 Where netthe.net operate any promotions or are instrumental in introducing the Customer to any third party any dealings are solely between you and that party. Should any dispute arise, netthe.net will not be responsible for any losses or damages that may arise from any such dealings. 9.8 Without prejudice to any other conditions, netthe.net reserves the right to indefinitely suspend services to a Customer who uses the netthe.net web servers in the event that any of these conditions are breached. Suspension of services will continue until the cause of the breach is rectified or until otherwise agreed. 9.9 The Customer shall at all times comply with the terms and conditions (from time to time subsisting) for the registration of Domain Names published by the relevant naming authority and generally to the terms and conditions of any such authority having similar force and to which the Customer may become subject as a result of services provided by netthe.net. 9.10 The Customer shall promptly notify netthe.net if it becomes aware of a breach of confidentiality and shall give netthe.net all reasonable assistance in connection with any proceedings netthe.net may institute against a third party at netthe.net's expense. 9.11 The Customer will not provide any technical information obtained from netthe.net to any person, firm or government entity when the Customer knows or has reason to believe that the supply of information may indirectly or directly lead to a contravention of the laws or regulations of the United Kingdom applicable to the export supply or use of goods or technology. 9.12 netthe.net reserves the right to display a company logo with text on any website it designs and to place a complimentary advertising banner on any of the free websites. These websites may be used by netthe.net for its own promotional purposes. 9.13 The Customer is solely responsible for maintaining the security of your password and/or any account information. 9.14 The Customer agrees not to use netthe.net or the services made available on or via netthe.net such that it causes the whole or part of netthe.net or such services to be interrupted, damaged, rendered less efficient or in any way impaired. 10) Termination 10.1 If the Customer terminates the contract then they must pay all charges for the remaining part of the service. 10.2 Should the Customer decide to terminate the contract they may do so provided that all charges have been paid. 10.3 The Customer understands that in the event that the contract is terminated they will lose all claim to their domain names and associated netthe.net services. 10.4 In the event of non-payment by the Customer of any charges due netthe.net reserve the right to suspend the service. In this instance the service will be suspended until such time as full payment is received. Once payment is received then the service will resume from the last date that the service was fully paid for assuming that the domain name is still live or within the renewal period. 10.5 If the domain name has to retain any domain names that are renewed at the time we cannot guarnatee that we will be able to retain the 10.5 netthe.net reserve the right to suspend the service without notice and claim for the resulting losses or expenses under the following circumstances; 10.5a if the Customer commits a breach of this Contract and if it is possible to remedy, fails to remedy the breach within a reasonable time of written notice to do so or if it is not possible to remedy the breach. 10.5b if netthe.net believes the Service is being used in a manner prohibited by these terms, even if the Customer is unaware that the Service is being used in such a way. 10.5c if netthe.net suspends the Service under these conditions, netthe.net can refuse to restore the Service until netthe.net receives an acceptable assurance from the Customer that there will be no further breach of this Contract. 11) Ownership The Customer will be granted a licence to use netthe.net which can be withdrawn at any time, however, all ownership, intellectual rights and copyright on all material remain the property of netthe.net at all times whether the Customer is under contract or not. This will include all website designs, graphic designs, style templates, icons, HTML codes and all other elements relating to the design, function or operation of netthe.net. 12) Other Conditions of Use 12.1 English Law will govern this Agreement and the parties agree to be subject to the exclusive jurisdiction of the Courts of England and Wales (c) 2006 netthe.net Ltd
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Master Contract: Exhibit A
and
ICANN Policy
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Registrant Rights and Responsibilities
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VAT Number:
727 4807 16
Company Registration Number:
03814287
Registered Office:
netthe.net Limited
15 Bolton Street,
Mayfair,
London
W1Y 8AR