Section A - General Terms and Conditions applicable to all Speednames Services
Section B - Domain Registration Services
Section C - Shared Hosting Services
Section D - Email Services and Anti-Spam Policy
Section E - Local Presence Services
Section F - Proxy Services
Section G - Website Design Services
Section H - Logo Design and Tagline Creation Services
Section I - Cancellation Policy and Form
Section J - Acceptable Use Policy
SECTION A – GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL SPEEDNAMES SERVICES
1.1 These General Terms and Conditions, together with the Service Terms applicable to the Services ordered by the person identified in the Order ("You", "Your"), govern the Services provided by Speednames to You.
1.2 This Agreement applies to the following companies trading as Speednames: NetNames Limited trading as Speednames (incorporated in England and Wales under Company Number 03169594) ("Speednames" or "We" or "Our"). A list of Our contact details as well as those of the other Speednames entities can be found at the following link speednames.co.uk/contact.
1.3 To the extent that the law deems You to be a consumer, the terms of this Agreement will not affect Your rights under applicable consumer law.
1.4 Any conflict or inconsistency between any provisions of the documents referred to in this Agreement shall be resolved in accordance with the following order of precedence:
(a) Any third party terms and conditions referred to in the Service Terms;
(b) The Service Terms; and
(c) The General Terms and Conditions.
The following terms and expressions shall have the following meanings in this Agreement:
"Acceptable Use Policy" means Speednames' acceptable use policy for the Services, as set out in section J, as amended from time to time;
"Account" means the user account created by You on the Website;
"Agreement" means these General Terms and Conditions, the applicable Service Terms and any other policy or document referred to in them;
"Cancellation Policy" means the cancellation policy as set out in section I, as amended from time to time;
"Confidential Information" means all information, data or materials made available in connection with this Agreement and/or the provision of any Services, excluding that information set out in clause 19.2;
"Data" means information, documents, text, software, music, sound, photographs, graphics, video, messages and other materials of any kind and in any form, format or media that You or a person using Your Account uploads or transmits through use of the Services;
"Fees" has the meaning set out in clause 6.1;
"Intellectual Property Rights" means the following rights, wherever in the world enforceable including all reversions, renewals and extensions: (a) any patents or patent applications including any applications for same; (b) any trademarks (whether or not registered) including any applications for registration of the same; (c) inventions, discoveries, topography rights, utility models and improvements whether or not capable of protection by patent or registration; (d) copyright or design rights (whether registered or unregistered); (e) database rights; (f) any goodwill in any trade or service name, trading style or get-up; and (g) any and all other intellectual or proprietary rights;
"Order" means Your order for the purchase of the Services made through the Website or (where applicable and available as an option for the relevant Service) by telephone;
"Order Confirmation" has the meaning set out in clause 4.4;
"Personal Data" means "personal data" as that term is defined in the Data Protection Act 1998 or any successor legislation relating to the protection of personal data;
"Services" means the products and services which Speednames agrees to provide to You after Our acceptance of Your Order. The details of each of the Services are set out in the applicable service descriptions set out on the Website;
"Service Terms" means the additional terms and conditions that apply to Orders of specific services as set out in Sections B to H as applicable; and
"Website" means speednames.com and/or speednames.uk (as applicable).
3 Your Account
3.1 Prior to placing an Order, You are required to set up an Account with Speednames via the Website. To open an Account, You need to provide Your name and contact information. No payment is required and by opening an Account, You are not required to make any purchase.
3.2 Speednames shall provide You with access to Your Account and the Website to place Orders and generally receive the Services, however Speednames cannot guarantee that access to Your Account and the Website will be available and/or uninterrupted.
3.3 You acknowledge that You are responsible for all persons who use Your password or use Your email address or other details to place Orders, make changes on Your Account and/or access and use the Services, whether authorised by You or not.
4 Contract Formation
4.1 To place an Order through the Website or by telephone (where applicable and available for the relevant Service) You must set up an Account.
4.2 By setting up an Account and/or submitting an Order requesting the provision of Services by Speednames, the person setting up the Account and/or submitting the Order confirms that they are at least 18 (eighteen) years of age and that they have the appropriate authority from any third party for whom they are acting to enter into this Agreement.
4.3 No Order shall be deemed to be received by Speednames until:
(a) it appears in Your Account as an Order; or
(b) You receive an Order Confirmation email from Speednames.
4.4 By opening an Account and/or submitting an Order, You agree to be bound by the terms of this Agreement. When You submit an Order Speednames will not be deemed to have accepted Your Order until Speednames has confirmed to You Speednames' receipt of Your Order on the website ("Order Confirmation"). Upon Speednames sending You an Order Confirmation, this shall signify Speednames' acceptance of Your Order, subject to and in accordance with the terms of this Agreement. This Agreement shall constitute a legally binding agreement between Speednames and You for the supply of the Services described in Your Order.
4.5 You shall receive an email from Speednames confirming whether We have been able to fulfill Your Order. In the event that We are able to fulfill Your Order, payment will have been taken from You before You receive the Order Confirmation email. In the event that We are not able to fulfill Your Order (e.g. a domain name may have been registered by a third party), then We will not take any payment from You.
5 Order cancellation
5.1 Where We have accepted Your Order You may cancel that Order in accordance with the terms of the Cancellation Policy. We may also cancel any Orders in accordance with the terms of this Agreement.
6.1 The fees for the Services shall be inclusive of VAT. The fees (including any VAT) for the Services shall be listed on the Website and specified in the Order Confirmation ("the Fees").
6.2 Payment of the Fees shall be made via (a) Our secure third party credit/debit card provider; or (b) via manual invoicing as set out in clause 6.4.
6.3 You acknowledge that the provision of the Services is conditional on Speednames receiving payment of the Fees in full. In the event of non-payment of Fees or suspected fraudulent activity in relation to payment of Fees by You, Speednames reserves the right to withhold, suspend or cancel the Services.
6.4 Speednames can produce invoices for any Services provided that We receive a request from You by email via Our details provided on speednames.uk/contact. A separate request will need to be made by You for each payment. Notwithstanding the other provisions of this Agreement, You shall be entitled to pay in the methods set out in the relevant invoice. We reserve the right to suspend any Services provided to You if We do not receive payment.
7 Variation of Fees
7.1 Speednames shall be permitted to increase the Fees at any time and without any prior notice to You. Whilst Fees may change at any time, any increase in the Fees shall not affect any Orders that We have accepted prior to the date We elect to increase the Fees.
8 Supply of services
8.1 Speednames shall use reasonable endeavours to provide the Services within any timescales specified in its acceptance of Your Order.
8.2 Speednames shall supply the Services in accordance with the standards of skill and care reasonably expected of a supplier of similar services to the Services.
8.3 You acknowledge that Speednames shall be entitled to monitor and audit Your use of the Services to ascertain Your compliance with the Acceptable Use Policy and this Agreement.
8.4 You acknowledge that delivery of some of the Services is dependent upon third party service providers, equipment and networks not under Speednames' control. Accordingly, Speednames does not guarantee that:
(a) the Services will be uninterrupted, secure or error-free;
(b) that Data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all;
(c) that particular results will be achieved or that any results will be accurate or reliable; or
(d) that the Services and/or the information obtained by You through the Services will meet Your requirements.
9 Support Services
9.1 The Services include support services only insofar as described in the FAQ section speednames.co.uk/faq . Whilst Speednames will use reasonable endeavours to meet any specified response times and to rectify specified faults or problems, Speednames does not guarantee that response times or rectification of faults will be achieved.
9.2 Speednames shall not in any event be obliged to supply support services in respect of faults or problems directly or indirectly arising from:
(a) incorrect use of the Services by You or by persons using the Services on Your behalf;
(b) products or services not supplied by Speednames;
(c) any cause external to the Services;
(d) where You are using anything other than the version of any software that Speednames supports;
(e) where You or any third party not authorised by Speednames has modified or attempted to modify the relevant software or attempted to resolve the problem; or
(f) if any Fees due to Speednames are unpaid (subject to any restrictions or prohibitions under law or regulation).
10 Your Obligations
10.1 It is a condition of this Agreement that You shall at all times use the Services in accordance with the Acceptable Use Policy and You shall ensure that persons using the Services on Your behalf also comply with the Acceptable Use Policy.
10.2 You shall provide Speednames with Your up to date contact details (including email addresses) and promptly notify Speednames of any changes. You may change such details through updating Your Account. Speednames relies on this information for various reasons including the transmission of renewal notices for the individual Services and other important information. Speednames shall not be liable for any damage resulting from Your error or omissions in providing Your up to date contact details.
10.3 You shall provide such information, resources and assistance in a timely manner as Speednames shall reasonably require, including providing Speednames with reasonable assistance in investigating the cause of any service outages, security problems or any suspected breach of this Agreement.
10.4 You shall comply with all reasonable directions provided by Speednames regarding Your use of the Services.
10.5 You will ensure that Your use of the Services, and the use of the Services by persons on Your behalf, comply at all times with all applicable laws and regulations relating to the Services and will not infringe any Intellectual Property Rights of a third party.
10.6 You shall not:
(a) reverse engineer, de-code or in any way disassemble any software provided by Speednames in relation to the provision of the Services; and/or
(b) enter any incorrect or incomplete name, address, email address or telephone number or any other false information on the Order or otherwise enter information intended to conceal the Your identity in Your Account.
11 Your Data
11.1 There is a risk that Your Data transmitted or used via or in connection with the Services may be irretrievably damaged or lost if there is a fault with the Services or on suspension or termination of the Service. It is Your responsibility to frequently back-up Your Data.
12 Termination and Suspension of the Services
12.1 This Agreement shall commence on the date that You open Your Account and shall continue in force for so long as Your Account is in force.
12.2 Speednames may suspend the Services in whole or in part at any time for repair, maintenance or improvement; or if Speednames is required to do so by operation of law or a request from a competent authority; or if Speednames considers that the security of the Website and/or Your Account has been compromised in any way, the Website and/or Your Account have been used maliciously, whether by You or any third party and/or there are any immediate threats to the security of the Website and/or Your Account.
12.3 In the event that Speednames suspends the Services (and this is not due to Your breach of the Agreement), it shall provide You with notice (where reasonably possible) and restore the suspended Services as quickly as is reasonably possible.
12.4 Speednames reserves the right to suspend or modify the Services if Your continued use of the Services is determined, at Speednames' sole discretion, to be detrimental to the operation of Speednames' equipment or to the use of the Services by Our other customers.
12.5 You will be fully responsible for any malicious code as a result of Your use of the Services including responsibility for removing such malicious code from any domain name in Your Account. Speednames shall use reasonable endeavours to notify You if it becomes aware of any malicious code as a result of Your use of the Services.
12.6 Speednames may terminate this Agreement or part of the Services at any time by giving You 30 days' prior written notice. Your right to cancel or terminate the Services on notice shall be expressly set out in the Cancellation Policy and, where applicable, the specific Service Terms.
12.7 Both Speednames and You may terminate this Agreement immediately on written notice if the other party:
(a) commits a material breach of this Agreement and, if remediable, fails to remedy the breach within 14 days of a written request by the party not in breach to do so; or
(b) ceases (or threatens to cease) to trade, has a liquidator, receiver or administrative receiver appointed to it or over any part of its undertaking or assets or passes a resolution for its winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction where the resulting entity shall assume all of the liabilities of it) or a court of competent jurisdiction makes an administration order or liquidation order or similar order, or enters into any voluntary arrangement with its creditors, or is unable to pay its debts as they fall due.
12.8 Speednames may also terminate this Agreement or part of the Services immediately on written notice if Speednames is required to do so by operation of law or a request from a competent authority.
12.9 In the event of termination of this Agreement for any reason:
(a) Speednames will immediately stop supplying, and will terminate access to, the relevant Services. You acknowledge that this may involve irretrievable damage to or loss of Your Data and/or Speednames may destroy any Data on the effective date of such termination or suspension;
(b) all licences granted by Speednames to You will terminate;
(c) any accrued rights and liabilities will be unaffected; and
(d) any termination of part of a bundled package of Services will only terminate that part of the bundle and not any other Services which may be unaffected.
12.10 Where Speednames terminates this Agreement under Clause 12.6 or Clause 12.8 You shall be entitled to a prorated refund of the Fees paid by You for Services not received as at the effective date of termination.
12.11 Subject to Clauses 12.10, 17.2 and Your rights under the Cancellation Policy, in the event of termination of this Agreement any Fees due remain payable and, if already paid, will be non-refundable.
12.12 The clauses in this Agreement which are expressed or intended to survive the termination of this Agreement shall survive termination.
13 Speednames' Liability to You
13.1 The express terms of this Agreement are in lieu of all Speednames' warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, including any condition of satisfactory quality or fitness for a particular purpose whether or not any purpose has been notified to Speednames, all of which are hereby excluded to the fullest extent permitted by law. Nothing in this clause shall affect Your statutory rights where You purchase the Services as a consumer.
13.2 If Speednames fails to comply with this Agreement or is negligent in its provision of the Services, Speednames shall be responsible for loss or damage that You suffer that is directly related to the breach or negligence in accordance with the terms of this clause.
13.3 Nothing in this Agreement limits or excludes the liability of Speednames for:
(a) death or personal injury resulting from its negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any liability for which it would be illegal to exclude or limit or to attempt to exclude or limit Speednames' liability.
13.4 Under no circumstances shall Speednames be liable under or in connection with this Agreement whether in contract, tort (including negligence) or however arising for:
(a) loss of profits, loss of revenue, loss of contracts, loss of reputation or goodwill or loss of anticipated savings; or
(b) special, indirect or consequential loss;
Regardless of whether Speednames has been notified of the loss by You.
13.5 Speednames' total liability in contract, tort (including negligence) or otherwise arising under or in connection with this Agreement for any one event or series of related events is limited to the total amount paid by You for the particular Service during the twelve months immediately preceding the event giving rise to such cause of action.
14.1 You agree to indemnify Speednames (including its directors, shareholders, officers, agents, employees, successors and assignees) together with any other third party with whom Speednames contracts to provide the Services from any and all third party claims, suits, proceedings, judgments, damages and costs (including reasonable legal fees and expenses) arising from any breach of Your warranties, representations, and obligations set out in this Agreement.
15.1 You must:
(a) keep Your username and password secure (and Speednames may request You to change these at any time);
(b) if requested to do so by Speednames, use Your password or, where applicable, Your security phrase when giving instructions to Speednames (and You acknowledge that Speednames is entitled to rely on instructions from persons using Your password or security phrase);
(c) take all reasonable steps in respect of matters under Your control to minimise any risk of security breaches in connection with the Services;
(d) notify Speednames promptly of any security breaches of which You become aware; and
(e) comply with any security checks and validation Speednames may issue concerning the Services.
16 Personal Data
16.1 In providing the Services, the following shall apply:
(b) Speednames shall take appropriate technical and organisational measures against unauthorised or unlawful processing of Personal Data or its accidental loss, destruction or damage.
16.2 You acknowledge that Speednames may use Personal Data in an anonymised format for Speednames' own purposes, including the production of aggregated reports for the purposes of marketing the Services.
17 Changes to the Services or this agreement
17.1 Speednames may change or modify this Agreement or the Services at any time. Such changes will be posted and summarised speednames.co.uk/terms. Such changes or modifications shall be effective immediately upon posting to the Website. Please check the Website at regular intervals. We will also provide notice of such changes to You via Your contact email and/or when You first use Your Account after a change.
17.2 Your continued use of the Services and placing of any Order constitutes Your acceptance of the changed or modified Services or terms and conditions and such Orders after this date, including those Orders that may be auto-renewed, shall be expressly bound by the terms of this Agreement then in force. Where Speednames makes changes to the Services that result in a material degradation of the Services, or if You do not accept the revised Services or terms and conditions for any reason, You may give 14 days' notice in writing to terminate this Agreement, in which case You shall be entitled to receive a pro rated refund of the Fees paid by You for Services not received as at the effective date of termination.
17.3 If You decide to make any changes to Your Account or the Services provided to You, You acknowledge and accept that Speednames may require certain Personal Data or other information from You as part of its verification process and reserves the right to suspend any changes and/or any Services until this process is complete.
18 Intellectual Property Rights
18.1 Subject to Clauses 18.2 and 18.5, Speednames and its licensors retain all Intellectual Property Rights related to the development, creation or supply of the Services, including all methodologies, processes and know-how used, together with any hardware, firmware, platforms, software and any changes, improvements and new features or functionality created by Speednames as part of the Services.
18.2 Speednames hereby grants to You a non-exclusive, royalty free, non-assignable, non-transferable licence to access and use Your Account solely in connection with Your use of the Services.
18.3 You acknowledge and agree that You will not, whether during the term of this Agreement or at any time after termination or expiry of this Agreement, in any way question or dispute the legal and beneficial ownership by Speednames of any Intellectual Property Right relating to the Services.
18.4 At Speednames' request and expense, You agree to do all things and sign all documents or instruments reasonably necessary to enable Speednames to obtain, defend and enforce Speednames' rights and/or Our licensors' rights in the Services.
18.5 The specific Service Terms shall deal with any Intellectual Property Rights created by the provision of Services, such as domain names.
19.1 Each party shall hold and keep confidential all Confidential Information of the other party during the term of this Agreement and thereafter, and shall not directly or indirectly disclose any such Confidential Information to any third party without the express written permission of the disclosing party.
19.2 For the purposes of this Agreement, Confidential Information shall not include information that: (i) has become generally known to the public through no act or omission of the receiving party; (ii) has become publicly available on a non-confidential basis from any source other than the disclosing party, its agents, representatives or employees, and such source is not prohibited from disclosing such information; (iii) was already known to the receiving party at the time of disclosure or is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (iv) is required to be disclosed by applicable law or order of a competent court or authority. In respect of (iv), the extent of disclosure is limited to the request made pursuant to applicable law or order of a competent court or authority.
20 Force majeure
20.1 Speednames shall not be responsible for any failure to provide the Services or perform any obligation under this Agreement due to circumstances outside Speednames' reasonable control including, without limitation, denial of service attacks, hacking attacks or other malicious acts of a third party not under the control of a party or the unavailability of third party telecommunications networks and/or the internet.
21.1 You should send any notices under this Agreement to NetNames Limited, 25 Canada Square, Canary Wharf, London, E14 5LQ for postal notices and to email@example.com for notices sent by email. Speednames shall send any notices by post or email in accordance with the most recent contact information which You have provided to Speednames via Your Account.
21.2 Notices may be sent by recorded delivery or by email and shall be deemed to be received:
(a) by recorded delivery – (5) five days after posting; or
(b) by email – on the date that the email is sent provided the sender has not received an undelivered message.
22.1 This Agreement represents the entire agreement of the parties relating to its subject matter. It supersedes all prior agreements and representations.
22.2 You acknowledge that, in entering into this Agreement, You do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) except as expressly provided in this Agreement. The only remedy available to You in respect of any such statement, representation, warranty or undertaking shall be for breach of contract under the terms of this Agreement. Nothing in this clause shall operate to exclude any liability for fraud.
22.3 You may not assign this Agreement or subcontract or resell any of the Services without Our prior written consent. Speednames may assign this Agreement or subcontract any of the Services to any third party (including any service provider) without Your consent.
22.4 The failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy.
22.5 Save as set out in any specific Service Terms, a person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (1999) to enforce any term of this Agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
22.6 As well as any other rights You have under law or regulation, if You are resident in the European Union, You may have the option to submit complaints on the European Union's Online Dispute Resolution platform (the "Platform") which facilitates the settlement of disputes online. For more information, please visit the Platform on https://webgate.ec.europa.eu/odr/. Speednames does not intend to use the Platform to settle disputes and You accept that Speednames is under no obligation to use the Platform to settle any disputes.
23 English law and jurisdiction
The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it) shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.
SECTION B – DOMAIN REGISTRATION SERVICES
Speednames shall provide the Domain Registration Services upon the following Service Terms and the General Terms and Conditions.
1. Definitions and Interpretation
1.1 In these Service Terms the following capitalised words have the meanings set out next to them below:
"Administrative Contact" means an individual or organisation authorised to interact with the applicable registry operator on behalf of the Registered Name Holder;
"Billing Contact" means Speednames as the person or entity who is authorised to receive invoices from Naming Authorities in respect of a domain name on behalf of You;
"ccTLD" means country code top level domain (eg. .uk, .de, .fr etc);
"Domain Registration Services" means the registration, renewal, hosting, name server routing and management of any domain names by Speednames;
"Exceptional Circumstances" is where Speednames considers that:
1. Speednames' Acceptable Use Policy has been or may be breached; and/or
2. it is necessary to protect Speednames or its other customers or the public and/or to minimise Speednames' exposure to breach of applicable laws or the risk of civil or criminal proceedings and/or to respond to claims of violation of third party rights;
"gTLD" means top-level domain(s) of the internet domain name system delegated by ICANN other than any country code (ccTLDs) or internationalised domain name (IDN) country code TLD;
"ICANN" means the Internet Corporation for Assigned Names and Numbers;
"Naming Authorities" means (1) ICANN or any equivalent body; or (2) the registry operator or registries responsible for providing gTLDs or ccTLDs or (3) the registry gateway provider responsible for specific types of domain names;
"Naming Authority Conditions" has the meaning set out in clause 3.1 below;
"Registered Name Holder" means the person listed as the legal owner in the WHOIS of any domain name;
"Technical Contact" means the individual or entity responsible for any technical issues regarding the domain name; and
"WHOIS" means any public query relating to the registered details of any domain name.
2.1 If You are not the Registered Name Holder of any relevant domain name, You undertake to procure that such Registered Name Holder is bound by the terms of this Agreement as if they were the customer.
2.2 You acknowledge that the sponsoring registrar is Ascio Technologies, Inc. Danmark - Filial af Ascio Technologies, Inc. USA. Speednames may change the sponsoring registrar at any time and in continuing to use the Domain Registration Services, You authorise Speednames to make such a change.
3. Incorporation of Naming Authority Terms and Conditions
3.1 This Agreement incorporates the terms and conditions of the relevant Naming Authorities as in force from time to time concerning domain name registration, renewal, and management including, without limitation, any applicable dispute resolution policy such as the Uniform Domain Name Dispute Resolution Policy ("UDRP"), Uniform Rapid Suspension ("URS") or any ccTLD specific dispute resolution policy, if applicable (collectively the "Naming Authority Conditions"). In the event of any inconsistency between the terms of this Agreement and any Naming Authorities' terms and conditions, the order of priority shall be as follows: ICANN terms and conditions, registry terms and conditions and this Agreement.
3.2 Your domain names are subject to suspension, cancellation or transfer in accordance with the Naming Authority Conditions to correct mistakes by Speednames or any Naming Authority in the registration of the domain name or for the resolution of domain name disputes.
3.3 Speednames is not liable for the acts and omissions of the Naming Authorities. Speednames will provide copies or a link to a relevant page of all applicable Naming Authorities Conditions on the Website together with Speednames' own domain name policies.
3.4 You acknowledge that this Agreement may be subject to change at any time due to (i) modifications in Naming Authorities' terms and conditions to which Speednames must abide; and/or (ii) due to change in business practice of Speednames. Your continued use of the Services shall constitute Your acceptance of any changes to this Agreement.
4. Domain Name Registration, Renewal and Transfer
4.1 Speednames will use its reasonable endeavours to apply to register requested domain names following acceptance of Your Order and will notify You of the outcome but Speednames gives no guarantee of success. You acknowledge and accept that the Naming Authorities each have different policies and terms and conditions regarding the registration of a domain name and that any Order may not be successful. If for any reason the Order is unsuccessful, You shall receive a full refund.
4.2 You agree that Ascio Technologies, Inc. Danmark - Filial af Ascio Technologies, Inc. USA will be the Billing Contact for domain names that have been successfully registered or transferred to Speednames' management. You may act as Administrative Contact by changing the applicable setting in Your Account but in doing so You acknowledge that You shall be solely responsible for all acts and omissions arising from Your role as Administrative Contact. You may also act as Technical Contact if You are not using Speednames' name servers and provided that You follow the verification request Speednames sends to You.
4.3 Speednames will notify You by email of renewals seventy-five (75) days, thirty (30) days and five (5) days prior to expiry. The registration and renewal periods will vary for different domain names and Speednames shall only (a) register domain names for a period of up to 10 years; (b) renew domain names for a period of up to 5 years if a renewal is carried out manually pursuant to clause 4.3.1; or (c) renew domain names for a period of up to one or two years (as applicable) if a renewal is carried out automatically pursuant to clause 4.2.3. The registration and renewal period of a domain name shall at all times be subject the relevant Naming Authorities' policies.
4.3.1 Manual Renewal (default setting). All domain name registrations shall be initially set up for manual renewal, meaning it will be Your responsibility to apply and pay for the renewal of any domain name registration. Notwithstanding this, You may opt in for automatic renewal by changing the settings of the applicable domain name via the Speednames platform. If You change Your mind at any time, You can change the settings from automatic to manual renewal (or vice versa) for any domain name via the Speednames platform.
4.3.2 Automatic Renewal. In the event You have opted for automatic renewal of Your domain names, You expressly authorise Speednames to use the debit or credit card stored on Your Account to automatically renew all domain names. It is Your responsibility to ensure that You have a valid debit or credit card stored on Your Account to enable automatic renewal. Speednames will attempt to charge the debit or credit card prior to the expiry date, at the following times prior to expiry: 60 days and, if unsuccessful, one or more times until and including 50 days prior to expiry . Speednames will notify You of the outcome by email. If payment is not taken successfully within these timeframes, the domain names shall not be renewed by Speednames and the domain names will be set to expire and subject to manual renewal and You will be responsible for ensuring the domain names are manually renewed.
4.3.3 Manual Renewal or Cancellation of a Renewal. In the event You wish to renew a domain name registration and/or cancel a domain name registration, You may do so via the Speednames platform.
4.4 You are fully responsible for providing clear instructions to Speednames.
4.5 Speednames shall not be obliged to renew any domain name registrations where Speednames has not received payment from You to renew the domain name within the applicable renewal period.
4.6 You must carefully check the details on Your Account and Speednames' notifications to You of domain name registrations and renewals and inform Speednames immediately if anything is incorrect.
4.7 You may transfer a domain name to Your Account at any time provided it is a domain name extension that is supported by Speednames. Supported domain name extensions can be found on the Website. Speednames reserves the right to refuse to transfer a domain to Your Account where any outstanding Fees are owed to Speednames.
4.8 Any domain names originally registered by a registrar other than Speednames but subsequently transferred to Your Account are expressly subject to the terms of this Agreement.
Restore/Grace Redemption Periods
4.9 Some domain names will have redemption periods following expiry. If the domain name's registration period has expired but is within its redemption period, You may be able to restore Your domain name following expiry if You act within the applicable redemption period set out by the Naming Authority.
5. Name Server Routing
5.1 Speednames offers You the ability to use Speednames' name servers (or its third party service providers' name servers) (the "Name Servers") provided that the domain names using the Name Servers are being managed by Speednames. Domain names will be routed through the Name Servers as per the settings recommended by Speednames unless Speednames is otherwise notified in Your Order. Name server routing is the technical process through which visitors of Your website can be served with content from Your web host.
5.2 Unless otherwise agreed, You acknowledge and accept that, if domain names are transferred or removed from the Name Servers:
5.2.1 Speednames may remove itself as Technical Contact or other Administrative Contact;
5.2.2 websites at those domains may become inaccessible; and
5.2.3 web and email forwarding will cease and emails may be lost.
6. Naming Authority Requirements
6.1 You acknowledge that newly registered gTLDs cannot be transferred to another registrar within sixty (60) days of registration or transfer. Some ccTLDs may also not be transferrable within certain time frames.
6.2 Speednames will implement Registered Name Holder and registrar transfers only in accordance with Naming Authority requirements. Speednames reserves the right to reverse a registered name holder or registrar transfer request if Speednames has reason to believe that the transfer was made in error, in breach of this Agreement or in breach of the rights of a third party.
6.3 You must provide accurate and reliable contact details and must promptly (but in any event within seven (7) days) inform Speednames of all changes in respect of:
6.3.1 any registration details including: the full name, postal address, email address, voice telephone number, fax number, authorized contact person;
6.3.2 the names of primary and secondary nameserver(s); and
6.3.3 the name, postal address, email address, voice telephone number, fax number of the Technical Contact and Administrative Contact.
You acknowledge that Naming Authorities may request further information pursuant to any domain name registration and You shall provide all such requested information which, where applicable, may include, but shall not be limited to, company incorporation documents, trade mark certificates and local presence eligibility evidence.
6.4 You acknowledge that Speednames has to continually verify contact information provided by You for compliance with applicable WHOIS accuracy programmes. Such verification may be by email, SMS message or such other method of communication approved by Naming Authorities. You shall respond promptly to Speednames following such requests and You acknowledge that failure to respond may result in suspension of the domain name until such time as You have provided the correct information.
6.5 In the event that You license use of a domain name to any third party, You shall accept liability for harm caused by wrongful use of the domain name and You must disclose the current contact information provided by Your licensee and the identity of the licensee within seven (7) days to a party providing You with reasonable evidence of actionable harm.
6.6 Speednames is required to collect and retain certain transactional data relating to every instruction and/or interaction relating to a domain name registration and to provide such information to Naming Authorities. Such data shall include, but shall not be limited to, written communications, confirmations, modifications and any other related correspondence, payment source information, log files, billing records and any other communications information such as source IP address, HTTP headers, telephone, text or fax numbers, email address or instant messaging identifier, and other records concerning registration such as dates, times, zones and sessions. You hereby consent to such collection, retention and sharing.
7.1 You shall pay Speednames for the Domain Registration Services for manual renewals pursuant to clause 4.3.1, at the time of submitting Your Order or, in relation to any automatic renewal pursuant to clause 4.3.2, at the times stated prior to expiry of the domain names. Any failure to provide valid payment shall result in the termination or suspension of the applicable Order by Speednames and the domain name shall not be registered or renewed (as applicable).
8.1 Speednames shall provide the Domain Registration Services for the period of registration of the applicable domain name unless You:
8.1.1 transfer the domain name to another registrar;
8.1.2 allow the domain name registration to expire; or
8.1.3 delete the domain name during its registration period.
8.2 Speednames may terminate and/or suspend the provision of Domain Registration Services and/or place transfer prohibitions on Your domain name registrations immediately on written notice in the event:
8.2.1 Of Exceptional Circumstances;
8.2.2 Your willful provision of inaccurate or unreliable information, Your willful failure to update information provided to Speednames within seven (7) days of any change or Your failure to respond for over fifteen (15) days to inquiries concerning the accuracy of contact details of any domain name registration; or
8.2.3 Speednames is required to do so by applicable law, Naming Authority or other competent authority; or
8.2.4 Any Fees remain unpaid and owing by You.
9. Your Indemnity
9.1 You will indemnify, defend and hold harmless Speednames and all Naming Authorities (including all directors, officers, employees, subcontractors, agents and their affiliates) against all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) directly or indirectly related to the registration and/or use of any domain name registered in the course of the Domain Registration Services. This indemnity obligation shall expressly survive termination of this Agreement.
10. Your Warranty
10.1 You represent and warrant that the registration of any domain name and the manner in which it is directly or indirectly used will not infringe any Intellectual Property Rights or other legal rights of any third party and You are not registering any domain name for an unlawful purpose.
11. Intellectual Property Rights
11.1 Speednames retains all Intellectual Property Rights in the provision of the Domain Registration Services. Speednames does not claim any rights or ownership of any domain name registered or transferred by You nor any Intellectual Property Rights underlying any such domain name.
SECTION C – SHARED HOSTING SERVICES
Speednames shall provide the Shared Hosting Services upon the following Service Terms and the General Terms and Conditions.
1. Bandwidth and Space Usage
1.1 Speednames will allow Your selected shared hosting plan bandwidth and web space, including unlimited plans, to be used by You as long as Your use is in compliance with this Agreement and any other purchase order or applicable policies. If We believe Your usage of the Shared Hosting Services impedes the performance of other users within the shared hosting environment, We reserve the right to disable Your Shared Hosting Services or request adjustments to bandwidth or space usage. If You would like to change Your Order, please speak to the support team for an upgrade or downgrade by contacting them on firstname.lastname@example.org.
2. Account Sharing
2.1 Account sharing is only permitted when used in conjunction with Our hosting plans. Speednames reserves the right to immediately terminate accounts, without compensation to You, that (either do or attempt to) share the web space with others or subdivide and resell the web space.
3. Excluded Services
3.1 Speednames reserves the right to discontinue and terminate Your Shared Hosting Services, without compensation to You, if Your web site is involved in any of the following: pornographic sites, intellectual property violations, pirated software (warez), pirated music and web sites, those whose primary business is web advertisement, or any website which violates any law or regulation, these Service Terms, this Agreement, Acceptable Use Policy and any other applicable terms.
4. Online Subscription
4.1 By accessing Our site and/or using the Shared Hosting Service, You are agreeing to an on-line, paperless subscription for the Shared Hosting Services. You acknowledge that all the information that You submit online is true and correct and will be maintained and updated by You as needed to keep the information current. Speednames will have no liability to You as a result of Your failure to maintain current subscription information. You agree that the act of signing up for Your Shared Hosting Services online or clicking to agree is equivalent to Your signature. Speednames will bill You for Your Shared Hosting Services, in accordance with the billing period.
5. Quality of Services
5.1 Although Speednames will make reasonable efforts to provide quality and uninterrupted Shared Hosting Services, this is not guaranteed. We will not be responsible for any damages that a Shared Hosting Service interruption may cause to You or to third parties. You are responsible for the usage of Your account and any consequences of this usage. You are also responsible for providing routine electronic back-ups for all Data stored on Our systems to prevent loss or corruption which includes, but is not limited to, emails and website content.
6. Shared Hosting Service and Fees and Additional Charges
6.1 You agree to pay for the Shared Hosting Services and for additional Fees that may be assessed for heavy traffic and excessive space fees. Speednames will notify You in the event these Fees are incurred. You agree to pay by credit card or other such method as mutually agreed upon. You agree to provide updated credit card and account information online, as may be needed or requested, and in case Your card is declined. You understand that non-payment will result in automatic hold on Your Account. During the hold period, Your website will not be accessible. Your Account will be reactivated after payment is received in full by Speednames. Credit card accounts will be automatically renewed unless notified prior to expiration date of Shared Hosting Service.
7. Automatic Account Upgrade
7.1 Speednames may upgrade, with email notice to You, all shared hosting Accounts, which do not comply with the restrictions of applicable terms and policies (for example by exceeding Your selected shared hosting plan bandwidth and web space), or which are involved in the excluded services stated in Section 3 above, to metered plans with traffic charges and/or web space charges. This is in addition to any other rights Speednames may have including those rights set out in clause 3.
8. Termination of Shared Hosting Services
8.1 Speednames reserves the right to refuse Shared Hosting Services to anyone and to terminate existing Shared Hosting Services with 14 days' advance notice for any or no reason; and without advance notice if You violate this Agreement including the Acceptable Use Policy. You have the right to terminate the Shared Hosting Services at any time with written notice sent by email to email@example.com. Speednames and You agree that there will be no monetary compensation or refund, prorated or otherwise, for terminated Shared Hosting Services regardless of the reason.
9. Lawful Use of Internet
9.1 You agree to use the Internet and the Shared Hosting Services in accordance with the terms of this Agreement including Our Acceptable Use Policy and any other applicable terms together with any applicable laws, rules and regulations.
10. Security and Integrity of Information
10.1 Although We implement the industry standard technology for information protection, there is no guarantee that the information on the Internet is absolutely secure or may never be destroyed. You agree to hold Us harmless in cases of loss of information or loss of privacy.
11. Your Responsibilities when using Shared Hosting Services
11.1 You shall be solely responsible for Your website(s) (and all Data hosted thereon) and all Data hosted on the Speednames server and for ensuring that the software elements of Your website(s) function satisfactorily. You recognise that the use of the Shared Hosting Services requires knowledge of matters such as, without limitation, system administration and the languages, software and protocols of the internet. You shall not obtain or attempt to obtain access, through any means, to areas of Speednames' network or the Shared Hosting Services which are identified as restricted or confidential. You shall not use scripts which may compromise the security of Speednames' servers.
SECTION D - EMAIL SERVICES AND ANTI-SPAM POLICY
1.1 In accepting Your application to subscribe to Email Services, Speednames grants You a non-exclusive non-transferable, royalty-free and restricted licence to use the requested services package, as published on the Website at the time such Services are purchased.
2. Provision of Email Services
2.1 The facilities and services provided within the Email Services will be defined by the description of the Services applied for by You on the Website at the time of the application, including but not limited to the specification of the storage place and data transfer that will be made available. If the storage or data transfer limits are exceeded, You will not be able to receive or send any emails using the Email Services until You have deleted sufficient emails in Your email account.
2.2 In order to use the Email Services, You can only apply to use an email alias or sub-domain which is attached to a domain name owned by You and registered with Speednames.
2.3 Whilst Speednames undertakes to use reasonable endeavours to provide Email Services promptly following Your Order, it is possible that restrictions in the availability of resources may lead to a delay.
2.4 You acknowledge that the provision of Your email account does not amount to Speednames' approval of Your use of email or Speednames' servers and shall not under any circumstances constitute a waiver of any of Speednames' rights or Your obligations under the Agreement.
2.5 On termination of the Agreement, howsoever arising, Speednames shall be entitled to immediately stop access to and remove all material from Your email account and also to post an appropriate notice regarding the lack of availability of the email account.
2.6 You shall be solely responsible for making and maintaining back-ups of any material on Your email account and acknowledge that Speednames cannot be held responsible for the consequences of any loss of such material.
3. Term and Renewal
3.1 You can make payments for Email Services either monthly or annually in advance.
3.2 Monthly Payments. If You have selected to pay monthly in advance, You will have the option of either manual or automatic payment of Email Services. The default setting will be manual payments and it will be Your responsibility to arrange payment in time. If You have opted for automatic payment, on expiry of any email address in Your Account, Speednames will automatically renew that email address for an additional registration period. You expressly authorise Speednames to use the debit or credit card stored on Your Account to automatically renew all email addresses. It is Your responsibility to ensure that You have a valid debit or credit card stored on Your Account to enable automatic renewal.
3.3 Annual Payments. If You have selected to pay annually in advance, You will only have the option of manual payment of Email Services. Speednames will notify You by email of renewals 30 days prior to expiry.
3.4 In all cases, where Speednames has not received sufficient and timely payment for Our Email Services, Speednames reserves the right to suspend the Email Services and/or delete the email account, and all related email, contact and calendar data may not be recoverable.
In order to use any of Speednames' Email Services, You must abide by this Anti-Spam Policy, the General Terms and Conditions, this Agreement including the Acceptable Use Policy and applicable laws and regulations including but not limited to those related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry.
Spamming is defined as the sending of unsolicited commercial email, unsolicited bulk email or unsolicited facsimile transmissions. These are transmissions that are sent to recipients as, e.g. an advertisement, without first obtaining prior confirmed consent or "opt-in" to receive them from the sender. If You send such unsolicited email to recipients who have not requested to receive it, Your email transmission may be considered to be spam.
Speednames has a no-tolerance spam policy. In the event Speednames discovers You are sending high volumes of emails and considers, exercising its sole discretion, that You are using the Email Services in order to send spam, We reserve the right to either suspend Your email account and Your use of the Email Services, redirect Your homepage or implement technical mechanisms until corrective measures are taken or Your email account is cancelled.
For individuals who have been recipients of spam, please report any suspected abuse to firstname.lastname@example.org. If applicable, please also unsubscribe from the newsletter using the link at the bottom of the email if you no longer wish to receive emails from the sender. We will take the appropriate action against the sender of the email in question.
Although Speednames has no obligation to monitor Your use of the Email Services or the content provided by You as part of Your use of the Email Services, Speednames may do so and may block any email messages, remove any such content or prohibit any use of the Email Services that Speednames, in its sole discretion, believes may be (or is alleged to be) in violation of this Agreement, including this Policy.
Using Permission-Based Lists
A permission based list is a list of email addressees (persons or organizations) that have explicitly granted their permission to receive commercial email communications from You. You agree to import, access or use only permission-based lists in connection with Your use of the Email Services. You agree that You shall not utilize the Email Services to send any commercial electronic mail message to any person who has opted out or otherwise objected to receiving such messages from You or another sender on whose behalf You may be acting. You cannot mail to distribution lists, newsgroups, or spam/unsolicited email addresses.
Email and facsimile commercial transmissions sent using Our Email Services must include the following:
1. Each message that is sent using the Email Service must contain a conspicuous and simple, (e.g. one-click, opt-out method) "unsubscribe" link that allows recipients to remove themselves from Your mailing list or "opt out" of receiving further communications from You. You agree that You will not remove, disable or attempt to remove or disable the unsubscribe link.
2. You acknowledge that You are responsible for maintaining and honouring the list of unsubscribe requests and taking action on each request within 10 days of being notified of any request for removal or opt-out and the opt-out mechanism must be active for at least 30 days from receipt.
3. You acknowledge and agree that You are the sole or designated "sender" of any message sent by You using the Email Services.
4. You agree that the "from" line of any message sent by You using the Email Services will accurately and in a non-deceptive manner identify Your organization, Your product or Your service.
5. You agree that the "subject" line of any message sent by You using the Email Services will not contain any deceptive or misleading content regarding the overall subject matter of the message.
6. You agree to include in any message sent by You using the Email Services: Your valid physical address, which may be a valid post office box meeting the registration requirements established by the United States Postal Service and valid and accurate information in the email header ("to" or "from" line).
7. You agree to include in any message a legitimate return address and reply-to address.
If You engage in any of these activities when sending commercial communications Your transmission may be considered to be Spam:
1. using non-permissions-based email or facsimile lists;
2. failing to include a working opt-out link in Your email;
3. failing to honour opt-out requests within 10 days of Your receiving such notice;
4. using false or misleading information in the subject line;
5. using false or misleading information in the header; and/or
6. addressing Your email in a generic, non-specific manner, e.g. email@example.com.
SECTION E – LOCAL PRESENCE SERVICES
Speednames shall provide the Local Presence Services upon the following Service Terms and the General Terms and Conditions.
1. Definitions and Interpretation
1.1 In these Service Terms the following capitalised words have the meanings set out next to them below:
"ccTLD" means country code top level domain (e.g. .de, .com, .br);
"Naming Authorities" means (1) ICANN or any equivalent body; or (2) the registry operator or registries responsible for providing gTLDs or ccTLDs; or (3) the registry gateway provider responsible for specific types of domain names; and
"Partner" means any local registrar, reseller, agent and/or local presence partner.
2. The Services
2.1 We will only offer and provide You with Local Presence Services if You register and/or renew domain names which may require such Services (i.e. certain specific ccTLDs). It will be Your responsibility to place and Order for such Services. The Local Presence Services will expire one year from the date You start receiving Local Presence Services but may be renewed for subsequent one year periods. You will have the option of manual or automatic renewal of such Services on the Speednames portal. The default setting shall be manual renewal.
2.2 In circumstances where You are required to produce additional information in order to utilise Local Presence Services, the registration or renewal of the relevant domain will not complete until the required information including any necessary forms have been provided by You and accepted by the relevant Partner and/or Naming Authority. We accept no liability for any delay by You in providing such information.
2.3 Speednames has contracts with various Partners to provide Local Presence Services to assist You to qualify for certain ccTLDs. However, it is Your obligation to take Your own legal, tax and other advice in relation to the appropriateness of appointing such Partners in relation to Your ccTLDs, it being acknowledged that without the Partners, You will have to make Your own arrangements to qualify for the ccTLDs.
2.4 You further acknowledge that use of such Partners may be withdrawn at any time by the applicable Naming Authority and accordingly, use of Partners is entirely at Your risk with respect to the Naming Authority. Applicable Naming Authority rules may require that the relevant WHOIS record indicates that the Partner is the domain name registered name holder/owner. You warrant and agree that: (a) Speednames has been authorised to contract with the Partners on Your behalf; and (b) Speednames has been authorised to register the requested ccTLD domain name in the name of the Partner. From time to time, You may be required to enter a contract direct with the Partner. Notwithstanding the above, it is expressly agreed that Partners will hold all domain names for Your exclusive benefit and will act on all of Your instructions.
SECTION F - PROXY SERVICES
Speednames shall provide the Proxy Services upon the following Service Terms and the General Terms and Conditions.
1. Definitions and Interpretation
1.1 In these Service Terms, the following capitalised words have the meanings set out next to them below:
"Domain Name" means the individual domain name subject to the Proxy Service;
"Proxy Commencement Date" means the date on which Speednames start providing You with Proxy Services in respect of a Domain Name;
"Proxy Service" means a service through which Speednames licenses use of the Domain Name to You and alternative contact information is displayed in the WHOIS or equivalent services rather than Your contact information;
"Proxy Supplier" means Domain Trustees UK Limited, a Speednames affiliate, a company registered in England and Wales whose registered number 5639299 with registered office at 25 Canada Square, Canary Wharf, London, E14 5LQ, or such other affiliate nominated by Speednames from time to time;
"Proxy Term" means the duration as specified in clause 9; and
"WHOIS" means the authoritative public database of registered domain names.
2.1 Speednames shall supply the Proxy Service in respect of Domain Names as requested by You from the Website on the terms of these Service Terms.
2.2 It is acknowledged and accepted that these Service Terms are conditional upon the existence of You having an Account and receiving Domain Registration Services from Speednames and the Service Terms relating to Domain Registration Services (set out in Section B) shall apply in full to all Domain Names expressed to be subject to the terms of these Service Terms. You shall continue to receive customer support pursuant to the General Terms and Conditions and the terms of section B.
2.3 Speednames shall procure that the Proxy Services are provided by the Proxy Supplier whose contact and corporate details shall be used in the WHOIS for the applicable Domain Names. An example of the WHOIS for the Proxy Service is set out below.
WHOIS with Proxy Service
2.4 You acknowledge that the Naming Authorities may exclude or vary the terms relating to the provision of Proxy Services at any time. Accordingly, Speednames may need to vary and/or cease providing the Proxy Services at any time but shall use best endeavours to inform You in writing of such changes and the associated effect on the Proxy Services.
2.5 Unless otherwise directed in writing by You, Speednames shall automatically renew each Domain Name subject to the terms of these Service Terms using the applicable contact details for the Proxy Service.
2.6 The Proxy Supplier shall be listed as the registered name holder of each Domain Name but Speednames shall keep all Your contact details confidential for the Proxy Term, subject always to these Service Terms. Speednames shall not therefore disclose Your name, postal address, telephone, fax or email address in the WHOIS and shall replace such details with those of the Proxy Supplier. The contact details for the administrative, technical and billing contacts shall also be provided by the Proxy Supplier.
3. Rights Associated with the Domain Names
3.1 Although the WHOIS will show the Proxy Supplier's details, You shall retain the full benefits of the registration and use of each Domain Name, including but not limited to, the right to sell, transfer, control, update, change nameservers, cancel, delete and renew each Domain Name.
3.2 You expressly acknowledge and accept that each Domain Name is subject to the laws and regulations of the applicable Naming Authority, including all obligations required of registered name holders and any dispute policy adopted by the applicable Naming Authority such as the Uniform Dispute Resolution Policy ("UDRP") and Uniform Rapid Suspension ("URS").
3.3 You expressly acknowledge and accept that You are not entitled to use any Domain Name for any illegal activity or for any purpose that includes gambling, gaming, obscenity and/or for making political statements and Your registration and use of each Domain Name shall continue to comply with Speednames' Acceptable Use Policy.
4. Data Escrow
4.1 Speednames is obliged to deliver to ICANN, via an escrow agent, Your name and full contact details as the user of the Proxy Services in respect of each Domain Name. ICANN will however only be able to access this information in cases where the applicable agreement with ICANN is terminated or the accredited registrar ceases business.
5. Proxy Licence
5.1 In providing the Proxy Services, Speednames registers each Domain Name and is considered to be the legal and beneficial owner of all the rights in each Domain Name for the duration of the Proxy Services in respect of that Domain Name. During the Proxy Term, Speednames grants You an exclusive worldwide, irrevocable, royalty free license to use each Domain Name for any lawful purpose whatsoever.
6. Email and Mail Forwarding
6.1 Speednames shall generate a unique email address per Domain Name per contact (registrant, administrative, technical and billing) for management and forwarding purposes. All email communications to such unique email addresses shall be automatically forwarded to the contact emails provided by You. All emails forwarded shall not be capable of direct reply.
6.2 All postal mail received by Speednames in respect of any of the Domain Names shall be forwarded to You. Speednames shall read all such mail only for the purposes of identifying it to the Domain Name and You expressly acknowledge that Speednames does not offer any service to review, access, assess or analyse such communications.
6.3 Speednames shall have a dedicated telephone line to deal with telephone inquiries relating to any Domain Name subject to the Proxy Service. Apart from forwarding information obtained from the telephone call, Speednames shall have no other obligation in respect of acting upon or providing You with any other information.
6.4 Save as to identify the communication to the relevant Domain Name, You hereby waive all and any right to make any claim against Speednames and/or the Proxy Supplier arising from a failure to receive any email, postal mail and/or telephone communication associated with each Domain Name irrespective of the reason for such failure.
7. Your Obligations
7.1 At the time of placing the Order, You will be required to provide Your name, email and postal addresses, telephone and fax numbers associated with each Domain Name, together with the same information in respect of the technical, administrative and billing contacts for each Domain Name.
7.2 You shall be required to provide any updates to maintain the accuracy of the information provided pursuant to clause 7.1 above. You warrant, represent and undertake to Speednames that (i) all information provided relating to each Domain Name is true, accurate and complete; (ii) Your use of each Domain Name shall be in good faith; (iii) Your use of each Domain Name shall not infringe the legal rights, including Intellectual Property Rights of any third party; (iv) Your use of each Domain Name shall not be in breach of Speednames' Acceptable Use Policy; and (v) You shall not use each Domain Name for any fraudulent purpose or activity that could in any way be considered as constituting a criminal offence.
8.1 You shall pay Speednames a fee for each Domain Name under the applicable Proxy Service pursuant to the Fees specified on the Website at the time of placing Your Order.
9. Term, Termination, Suspension
9.1 Any Domain Names subject to these Service Terms shall each have their own individual Proxy Term of one year which can be renewed on expiry. You shall be permitted to terminate these Service Terms in respect of all or any individual Domain Name with immediate effect via the Website. If You decide to re-request Proxy Services for a Domain Name where you have already effected termination of these Service Terms, You will need to order and pay for a new Proxy Term.
9.2 Speednames shall be entitled to terminate these Service Terms in respect of all or any Domain Names by providing 3 (three) months written notice to You.
9.3 Speednames shall be entitled to suspend any Proxy Services provided to You with immediate effect:
9.3.1 In the event Speednames stops providing You with Domain Registration Services;
9.3.2 When required to do so by applicable laws and/or regulations when such action is required, in Speednames' reasonable discretion, to comply with any relevant legal obligation;
9.3.3 In order to comply with applicable Naming Authority rules, policies and procedures including complying with any dispute resolution policy including but not limited to the UDRP and URS;
9.3.4 When Speednames receives any claim, whether in writing or otherwise, by a third party that any Domain Name is being used in any way that may lead to a third party commencing legal action against Speednames as a result of the Proxy Services including but not limited to claims for Intellectual Property Rights infringement, breach of any criminal law and/or fraud;
9.3.5 Where Speednames considers that You are in breach of any provision of these Service Terms through Your use of any Domain Name or in breach of Speednames' Acceptable Use Policy;
9.3.6 To comply with any court orders, legal judgments, subpoenas or other requests of law enforcement;
9.3.7 When Speednames receives a legally valid transfer order requesting the Domain Name to be transferred to the management of a third party registrar; and/or
9.3.8 If you fail to comply with these Service Terms.
9.4 In the event of the suspension or termination (including expiry) for any reason of these Services in respect of all or any individual Domain Name, Speednames shall immediately change the contact details for the applicable Domain Name to You using the information previously provided by You. This means that the WHOIS will revert to displaying Your name, postal address, email address, fax and telephone numbers and any other contact information. Any fees paid to Speednames shall not be refundable under any circumstances but You shall continue to be liable for payment of any unpaid or uninvoiced fees due to Speednames prior to suspension, termination or expiry.
10. Proxy Indemnity
10.1 Save in respect of default and/or negligence by Speednames, You hereby agree to defend, indemnify and hold harmless Speednames, its directors, officers, agents and employees together with the Proxy Supplier, from and against all claims, demands, liabilities, losses, damages, costs, including reasonable legal fees, directly or indirectly arising out of or related in any way with the registration and/or use of any Domain Name subject to the Proxy Services.
SECTION G - WEBSITE DESIGN SERVICES
Speednames shall provide the Web Design Services upon the following Service Terms and the General Terms and Conditions.
1. Our Obligations
1.1 Once You have submitted all Your text, images, photographs, graphics, sound, video and other information for inclusion ("User Content") to Us, provided You do not request additional changes, modifications, customized designs or similar non-standard work ("Custom Modifications"), We will furnish to You a website ("Created Website").
1.2 Speednames will assign You an Internet Protocol ("IP") address, which will remain under Our control and ownership. You will have no right to use the IP address except as allowed by Us, and We reserve in Our sole discretion the right to change or remove any and all IP numbers and addresses.
1.3 Speednames does not have a duty to and does not generally screen or edit content or links originating from Your website, but We reserve the right to refuse the Web Design Service, monitor or to remove, without notice, any content or links which, in Our sole discretion or that of a court or regulatory agency, is deemed illegal, misleading, or obscene, or is otherwise in breach of this Agreement including Our policies or any other terms provided to You.
2. Your Obligations
2.1 You agree to deliver the User Content no later than five (5) days following the date You sign up for the Web Design Services ("Website Content Delivery Period"). In the event that the User Content has not been received following the expiry of the Website Content Delivery Period, the Created Website will be provided to You with generic website content that, in Our reasonable opinion, is related to Your industry.
2.2 For a period of 30 days following the date that the Created Website was delivered to You, You will be permitted to request three (3) minor revisions to the Created Website. If You request custom modifications, We will furnish to You the Created Website at a time designated by Us.
2.3 You will use the Created Website as one website only, displayed at a single IP address for the single purpose specified originally to Us. You may create one duplicate of the Created Website for back-up purposes.
2.4 You are responsible for the content of the website that You provide to us, including without limitation, its accuracy and truthfulness and for ensuring that it does not contain any spelling or grammatical errors or infringe upon the rights of any third party. This applies to content created by Speednames at Your direction for inclusion on the Created Website that has been reviewed and approved by You. You agree not to store, link to, transmit, advertise or make available any website content is illegal, misleading, or obscene, or is otherwise in breach of this Agreement, Speednames' policies or any other terms provided to You.
2.5 NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, ALL WEBSITE CONTENT IS YOUR SOLE RESPONSIBILITY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SPEEDNAMES AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION, MISAPPROPRIATION OF ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, DATA, MUSIC, IMAGE, OR OTHER PROPRIETARY OR PROPERTY RIGHT, FALSE ADVERTISING, UNFAIR COMPETITION, DEFAMATION, BUSINESS OR PERSONAL DISPUTE OR ARGUMENT, INVASION OF PRIVACY OR RIGHTS OF CELEBRITY, VIOLATION OF ANY ANTI-DISCRIMINATION LAW OR REGULATION, OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY, OR ANY PERSONAL OR BUSINESS ARGUMENT OR DISPUTE LOSSES, DAMAGES, LIABILITIES, JUDGEMENTS, OR SETTLEMENTS, INCLUDING REASONABLE LEGAL FEES, COSTS, AND OTHER EXPENSES INCURRED BY SPEEDNAMES, RELATED TO OR IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS CLAUSE 2 WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
3. Archiving on Termination
3.1 You acknowledge and agree that once the Web Design Service is terminated Your website will be archived for 30 days. If the amounts due and payable hereunder are not paid by the end of the archive period, Your website will be erased. Speednames will not be responsible for any errors, loss of information or any other mishap that may occur following the first non-payment. Retrieval of the website from the archive will be on a best-effort basis. Users visiting Your website during the archive period will see an error or substitute message window until the amounts due and payable hereunder have been paid.
4. Privacy Policies
SECTION H - LOGO DESIGN AND TAGLINE CREATION SERVICES
1. ACCEPTANCE OF TERMS
Speednames shall provide the Logo Design and Tagline Creation Services upon the following Service Terms and the General Terms and Conditions.
If Your use of the Website to purchase a product or service involves the development of a logo design or creation of a tagline, You acknowledge and agree that:
1. Speednames is only providing Logo Design and Tagline Creation Services and has no obligation or duty of any kind to provide any legal advice or other service to You regarding the logo or to perform any trademark clearance search or any other inquiry of any kind related to the logo or tagline. It is solely Your responsibility to determine if the logo or tagline is suitable and appropriate for Your use and to obtain legal advice or other suitable professional advice regarding whether or not the logo or tagline is legally available for Your use and/or whether it infringes the rights of any third party.
2. Speednames does not guarantee that Your logo or tagline will not have similarities to logos or taglines designed by Speednames for other customers. Apart from Your logo or tagline as a whole, You obtain no right or claim of any kind to any individual design element or elements of the logo or tagline and Speednames reserve the right to use one or more of the design elements in other logo design or tagline projects for other customers.
3. You will own the final product but will not own any materials, media or other content generated during any revision cycles leading up to the final product and Speednames expressly reserves all right, title and interest in and to the same. Speednames retains the rights to all artwork concepts and other content not selected by You. You acknowledge that Your ownership rights under this agreement are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under this Agreement. You acknowledge and hereby grant Speednames a royalty-free, irrevocable exclusive worldwide right to use creative and revision briefs, individual responses provided to You, and the final product for internal and archival purposes and to display and promote, e.g. Speednames' Logo Design and Tagline Creation Services.
4. If You are not satisfied with the initial logo design concepts provided by Speednames, You may request to have one re-draw of a new set of logo designs.
5. Alternatively, You may cancel Your Service at any time during the initial concepts phase of the design.
6. To request a refund, contact firstname.lastname@example.org. and request then complete a refund request form. Upon timely receipt of the completed form, Speednames will refund the total payment made by You on the logo design package purchased. All refund request forms must be received within 30 days of the start of Your logo design project.
7. You shall forfeit the right to the refund if You request any revisions (1 or more design changes regardless of the complexity), modifications to any of the initial concepts or a set of replacement concepts. You shall also forfeit the right to a refund if You do not respond in a timely manner to a status notification from Us.
8. There are no refunds for any rush service charges. 24 hour design fees and 24 hour rush changes are non-refundable. No refund is available for design firms or if You order Our Logo Design and Tagline Creation Services on behalf of another entity.
9. All refunds are issued within 30 business days from the day that the refund request form is received by Us. You agree that Your acceptance of the refund shall constitute Your sole and exclusive remedy with respect to related responses.
10. Additionally, You acknowledge that You will have no right (express or implied) to use any concepts or other work product, content, or media, nor will You have any ownership interest in or to the same.
SECTION I - CANCELLATION POLICY AND FORM
Speednames believes in helping its customers as much as possible. This section sets out Your rights to cancel any product or service You order from Speednames.
Domain names are registered by Speednames upon Your specific instructions and to Your specifications. Accordingly, if You are acting as a consumer, domain name registrations fall outside of the cancellation rights set out in the Consumer Contracts (information, cancellation, and additional charges) Regulations 2013 ("Regulations") and the cancellation rights that apply. However, notwithstanding this, Speednames will process any cancellation request relating to a domain name registration and/or renewal provided the request is made in accordance with this Cancellation and Refund Policy and is made within 5 (five) working days of the date Speednames confirmed Your order. Speednames shall refund the entire cost of any validly cancelled domain name registrations and/or renewals. Refunds shall be processed and payment made within 5 to 10 working days of the confirmation of the refund by Speednames.
Services Provided by Speednames
Speednames 30-day Promise
All of Our services packages (excluding domain name registrations and/or renewals) include a 30 day money back guarantee. If You're unhappy for whatever reason We will be happy to refund Your money within the first 30 days from date of purchase.
All Speednames Services, excluding domain name registrations and/or renewals, come with the "Speednames 30 day price promise". You may cancel any order and receive a full refund for the cancelled service provided You request a cancellation in accordance with this Cancellation and Refund Policy and it is made within 30 (thirty) working days of the date Speednames confirmed Your order. Speednames shall refund the entire cost of any validly cancelled service. Refunds shall be processed and payment made within 5 to 10 working days of the confirmation of refund by Speednames.
If You have used the service that has been cancelled, You shall immediately stop use of the service and Speednames shall be entitled to prohibit any further access to You.
No cancellation and refunds shall apply outside of the dates set out above. Refunds shall be made to the payment method originally used by You in the original order.
How to Cancel Your Order
All cancellation requests must be made in writing and be sent to Our support team by email to email@example.com. Additionally, We have provided a template cancellation form below. You do not have to use this form to request a cancellation but doing so provides us with all of the information We need to process the cancellation quickly. Regrettably, We are not able to process cancellation requests by telephone. Speednames is not responsible for any cancellations not processed in accordance with this Cancellation and Refund Policy.
In all cancellation requests, please include Your order number (sent to You via email after ordering). Whilst You do not have to provide any explanation as to why You are cancelling, We would to understand Your reasons for doing so and kindly request that You provide us with that information. We take customer feedback very seriously and use it to improve Our products and quality of service.
Following a cancellation request, You shall receive an automated email from firstname.lastname@example.org confirming receipt. We shall process the cancellation request as soon as possible.
Customer Order Cancellation Form
Dear Speednames Customer Support,
Subject: Request to Cancel Order
I recently entered into an agreement detailed in the table below.
I hereby give notice to cancel the supply of the services and/or goods outlined in the table below.
I require written confirmation from You that the agreement has indeed been cancelled and that no further payment will be claimed by You or that any payment associated with this agreement already taken will be refunded.
Customer Account Contact Details (Please Complete)
Answer to Security Question
Details for the order You wish to cancel
Order Invoice Number
Order date (DD/MM/YYYY)
Order Details (domain and or product)
Order completed through Speednames website
Order completed through Speednames Customer Support (via phone)
Order completed through Speednames Customer Support (via email)
Reason for cancellation
[Your signature – please print]
[Your name – please print]
SECTION J - ACCEPTABLE USE POLICY
1. This is the acceptable use policy (the "Policy") of Speednames and applies to all the Services that Speednames provides to its customers.
2. In this Policy, the following definitions apply:
"Data" means information, documents, text, software, music, sound, photographs, graphics, video, messages and other materials of any kind and in any form, format or media;
"Transmit" means use, facilitate (for example by operating chatroom, discussion groups, FTP sites) generate, link to, upload, post, publish, download, store, disseminate, email, send or receive via or in any way connected with Our goods or services.
3. We do not actively monitor, censor or directly control any Data generated, stored, transmitted or used in connection with Our services including content displayed on websites or material sent by email. It is Your responsibility to fully comply with this Policy. If, however, it comes to Our attention that this Policy has been or may be breached, We may suspend, disable or terminate any access You have to any Data that is generated, stored, transmitted or used in connection with Our services.
4. You must not Transmit any Data, or otherwise use Our products or services, or carry out any acts or omissions in any way connected with Our products or services (including without limit registration or use of domain names registered through us, hosted on Our names servers, or for which We or a member of the Speednames Group is registrar) in a manner which We consider, in Our discretion, in any way involves or includes or relates to:
a) conduct that is unlawful (including breach of any applicable laws, statutes, regulations, standards or codes of conduct whether or not compulsory), harmful, threatening, a nuisance, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, invasive of another's privacy, hateful, inflammatory, racially, ethnically or otherwise objectionable;
b) the infringement of intellectual property or other rights of any third party;
c) viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any software, hardware or Data;
d) junk mail, spam, chain letters, pyramid schemes or any similar or fraudulent schemes or any inappropriate form of solicitation; or collection of the responses to any such schemes or solicitation;
e) the forging of headers, manipulation of identifiers or otherwise disguising the origin of any Data;
f) the provision of false or misleading information;
g) denial of service attacks including (without limit) mailbombing, news bombing, trolling, (posting outrageous messages to generate numerous responses), other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity designed to cause a computer crash;
h) attempting to or gaining unauthorized access to, or interfering with or damaging, Our or any third party's computer or Data including (without limit) any attempt to breach authentication or security measures or any attempt to probe, scan or test the vulnerability of a computer system;
i) unauthorized monitoring or interception of Data;
j) potential or actual interference with or disruption to Our computers or services to other customers including excessive use of Our server resources or other services;
k) violation of acceptable use or similar policies of any internet service providers or connected networks (eg sending unsolicited commercial email via Our services to the subscribers of any internet service provider that disallows unsolicited commercial email);
l) damage to Our commercial reputation;
m) breach of generally accepted standards of .netiquette. or norms of the internet community.
n) the provision of any incorrect or incomplete name, address, email address or telephone number or any other false information or otherwise enter information intended to conceal Your identity; or
o) attempting to reverse engineer, de code or in any way disassemble any software provided in relation to the provision of services.
Changes to this Policy
5. We may vary this policy at any time by varying this page and You are advised to regularly check this Policy for updates. Any changes to the Policy are automatically binding upon You.
Last updated 1 February 2017