DOMAIN EXPRESS TERMS OF SERVICE
Domain Express is a trading name of Freezone Internet Limited (henceforth referred to as Domain Express) will use reasonable efforts to supply a continuous service. However, Domain Express is not liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of Domain Express, or by errors or omissions of the client.
This agreement contains express warranties, undertakings and obligations of Domain Express. All other conditions, warranties, terms, undertakings and obligations of Domain Express, whether implied by statue, common law, custom, trade usage or otherwise and all duties of care, contractual or otherwise, and all liabilities (if any) of Domain Express arising there from are excluded to the extent permitted by law.
You agree that we are not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise.
Domain Express excludes any warranty as to the quality or accuracy of information received through the service. Domain Express is unable to exercise control over material sent over the internet and excludes all liability of any kind for the reception by the client of offensive, threatening or obscene material, or material that is in breach of UK or other applicable law.
The client may terminate this agreement at any time upon giving Domain Express written notice to the address at the bottom of the agreement. Domain Express clients are liable for all charges levied by their telephone service provider arising from the client's use of Domain Express's Internet service.
TERMINATION OF SERVICE
The 'free' domain provided in some hosting service packages is conditional on you, the customer, renewing your hosting subscription service with us. If you fail to renew the hosting service and wish to retain the domain name registration, then you will need to pay the domain name registration renewal charges for that domain name.
Domain Express has the option to suspend the service immediately upon breach by the client of any of the terms and conditions of this agreement, including, without limitation, late or non-payment of sums due. If invoices have not been paid 7 days prior to the renewal date, we will automatically charge customers using card details that we hold. If you do not wish to be automatically billed on your credit card please login to your 'Domain Express Client Area' on the Domain express website and remove the card details.
From time to time Domain Express or its sub-contractors need to carry out maintenance on the network, which may involve shutting parts of it down. Domain Express will give as much notice as possible and shall try to keep this work to the period specified in the notice. Domain Express accepts no liability whatsoever arising from such a suspension of the service.
DOMAIN REGISTRATION SERVICES
Domain Names are registered by Domain Express with the relevant Naming Authority under the Clients details given at the time of registration. Once Domain Express has accepted the order for domain registration by the client, the Domain Name is the property of the Client for the period of the initial registration and cannot be revoked. The client shall maintain all future registration payments for their Domain Name until such time that written notice of cancellation is submitted to Domain Express fourteen days prior to the renewal date. Otherwise Domain Express will invoice all clients that have purchased a new Domain name through Domain Express on expiry of their current registration period.
In case you do not wish to be auto-charged, It is the responsibilty of the customer to ensure that their credit card details are removed from our system. This can be done by logging into their management panel online.
If you are on Direct Debit it is your responsibilty to inform your bank in case of cancellation of service with us.
Domain Express does not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have checked the WHOIS database (see below) to see the status of your registration. All invoices posted to customers are confirmation of payment made only. Invoices are not a confirmation of domain registration, which can only be determined by checking the WHOIS database. Domain Express accepts no liability for consequential loss of earnings and revenue incurred due to the client's premature actions.
For UK (.uk) domain names Domain Express clients must agree to the terms and conditions of the UK domain name registrar, Nominet UK. These terms and conditions can be found at http://www.nic.uk/terms.html.
For top-level domain names (.com, .net, .org, info and .biz) Domain Express clients must agree to the bylaws of ICANN. These bylaws can be found at http://www.icann.org/en/general/bylaws.htm
For .gb.com domain names Domain Express clients must agree to the terms and conditions of the registrar, CentralNic. These terms and conditions can be found at http://www.centralnic.com/terms.php.
Domain Express clients can transfer their registered domain name from Domain Express to another hosting company at any time. Domain Express will charge an administration fee of £10 + VAT to effect the transfer. Domain Express will endeavor to process all transfers on which the administration fee has been paid within 5 working days of the written request from the customer.
Offer price on Domain Express is only applicable for the first order, the renewal prices are note same as first year Domain registration prices.
Domain name money back guarantee is offered within 48 hours of domain name(s) purchase and is only applicable to new .com. .net, .org, .biz, .info, .co.uk & .org.uk domain name orders, excluding any domain name(s) associated with a hosting or email package.
WEB HOSTING SERVICES
Hosting solutions offered by Domain Express are supplied on a minimum one year subscription basis. If a Customer wishes to cancel their contract before culmination, payment for the full years hosting fee, regardless of duration of service used, must be submitted to Domain Express together with email confirmation of cancellation fourteen days prior to the renewal date.
It is the responsibility of the customer to keep a backup of the site locally and Domain Express is not liable for any loss of data from their website. Backup of site or specific files may be possible for a monthly fee.
FREE DOMAIN NAMES
Domain Express offers only following Free TLD's with Hosting packages
.co.uk org.uk .com .net .org
STANDARDS OF CONDUCT
Pornography and sex-related merchandising are prohibited on Domain Express servers and sites will be terminated without any refund of monies paid.
Spamming, or the sending of unsolicited email, from a Domain Express server or using an email address that is maintained on a Domain Express machine is strictly prohibited. Domain Express clients may only use the Internet for lawful purposes.
Domain Express clients agree to not knowingly use the service: - to transmit or upload material that is obscene, pornographic, threatening, offensive, defamatory, in breach of confidence, in breach of any UK law, that any breach of these obligations will allow Domain Express to terminate the client immediately.
The client must keep the username and password secure and not let them become public knowledge and that the password will not be stored anywhere on a computer in plain text, that if the password becomes known to another unauthorized person they will inform Domain Express immediately.
The client agrees to fully and effectively indemnify Domain Express against all losses, costs, actions, proceedings, claims, damages, expenses, expenses (including legal expenses) or liabilities, howsoever suffered or incurred directly by Domain Express in consequence of the client's breach or non observance of points above.
The client shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Domain Express arising from breach or breaches of points above. Domain Express may in its absolute discretion defend such claims and may compromise such claims with the consent of the client, such consent not to be unreasonably withheld. The client shall provide Domain Express with the assistance necessary to defend such claims, at the client's sole expense. If we think that you are abusing the capacity of the Service we may terminate or suspend your right to use it.
SOFTWARE AGREEMENT
LIMITATION OF LIABILITY
Replacement or refund (at the option of Domain Express) is the exclusive remedy if there is a defect. In no event shall Domain Express or the other software providers be liable for indirect, incidental or consequential damages, including without limitation, loss of income, data, use, or information, even if Domain Express or the other software providers have been advised of the possibility of such damages.
These terms and conditions are governed by English law. The client and Domain Express both agree to submit to the exclusive jurisdiction of the English Courts. The Client and Domain Express both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.
