| Policies |
Accessing/using our Internet Website
Our Internet Website is designed for a screen resolution of 1024x768 and to be accessed via its principal homepages, and not direct to individual pages.
If you access individual pages directly, you may not see important information and warnings which are necessary for a full understanding
of our products and services and us generally. As you use our Internet Website, you will find words in the text which are underlined.
These are links or shortcuts to other pages and if you click on them they will take you to those pages. A number of these links refer
you to important information which should be read in conjunction with the text in which the link appears. We accept no
responsibility or liability for improper use of our internet Website.
Unless the contrary is explicitly stated in the case of any product or service,
our Internet Website contains only a summary of the information relating to the
products and services referred to on our Internet Website. Therefore, if you are
interested in finding out all of the information in relation to any of the products
or services, you should seek further information from us by any of the methods
indicated on the pages describing the products and services.
The use and access of pages of DigitalDreamzUK's Internet Website and/or Services is subject to the terms and conditions set out below. Please take a moment to read these terms and conditions carefully. By using or accessing any part of our Internet Website and/or Services, you agree to be bound by the following terms and conditions.
Definitions
Unless otherwise stated the following definitions apply to this document.
- "we", "us" and "our" are references to the DigitalDreamzUK Group, being DigitalDreamzUK and its subsidiary undertakings including a-dns, A-DNSForum and SurfFreedom.
- "you", "your", "client" and "customer" are references to the person and/or persons paying for services from DigitalDreamzUK having entered into this agreement.
- "services" are web hosting, domain registration, reseller rights, email, ssl certificates and other services or facility provided by us to you.
- "server" is the computer equipment operated by us in connection to the services provided.
- "order" means a request by the customer to us for services to be supplied subject to these conditions.
- "fees" and "charges" are the payments payable by the customer for the provision of services by us, which may vary from time to time.
These terms and conditions may be amended by us at any time by updating them on our Internet Website. We will usually make an announcement on our forum. It is advised that you should review these terms and conditions each time you access our Internet Website. By continuing to use and access our Internet Website and/or Services you agree
to be bound by the amended terms and conditions.
If you are found in violation of the following terms and conditions,
your account may be terminated without notice and you will forfeit all of the monies that have been paid to us. You will be held responsible for the actions of your clients in the matter described in our policies. Therefore, it is in your best interest to implement similar or stricter policies.
It is advised that you read the policies below as set out, however,
should you wish to review them, please select one of the following
links; Acceptable use Policy - Legal
- Privacy Policy - Terms
of Service
ACCEPTABLE USE POLICY
1. Restrictions on Use
The Service is an advertising, hosting and Internet related service. It is accessible to you through a personal computer, or other access device at our Internet Website using a communications connection (e.g., modem and telephone line). As part of the Service, you will be provided with services that may include information, editorial content, chat rooms, links to other Web sites and other computer services that we may decide to offer, subject to the terms hereof. We may, in our sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Service, at any time in our sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service is owned and operated by us and our affiliated companies and contains material that is derived in whole or in part from material supplied and owned by us and other sources. Such material is protected by copyright, trademark, and other applicable laws.
Adult Sites
Adult content is allowed if not illegal. The storage of data referring to or containing child pornography, beastiality and/or rape is NOT acceptable under any circumstance.
Domain Names
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority - eNom.
You shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment for that domain has been received by us.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: bots and IRC servers.
Only the chat room scripts provided for the customer in their control panel are allowed on our servers. Any other scripts found will be disabled and the account suspended in serious repeat offences. The exception to this term is for scripts which are FULLY applet based whereby the applet is downloaded and run from the clients system. If in doubt please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over utilize the server processor.)
Scripts and Forums
Scripts and Forums that over utilize CPU and memory usage, as well as for usage in any malicious activity will result in account suspension and/or deletion from our servers.
2. Membership Rules and Guidelines
(a) Registration
Should we choose to provide member based services, when you register to use these Services, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your membership and refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of our privacy policy. We advise that members under the age of 18 should receive parental consent before joining, and that children under the age of 13 should not register. We reserve the right to change the nature of this relationship at any time.
(b) Security and Passwords
Should we provide to you a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorised access to another network or server. You agree that you will immediately notify us of any unauthorised use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties.
(c) General
We may choose to send you e-mail newsletters on a variety of topics - for example, informing you of membership benefits and features, letting you know of problems with the site or with services offered by us.
(d) Rules for Use of the Service
(1) Conduct Required for Use of the Service
It is a condition of your use of the Service that you do not: (i) restrict or inhibit any other user from using and enjoying the Service; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, or profane; (iii) post or transmit comments containing harassing or offensive language, racial slurs, hate propaganda, hate mongering, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or trojan horses; (iv) post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or rightful holder; (v) post or transmit any information, software or other material that contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail", "spam" or "chain letters"; (viii) solicit other users to join, become members of, or contribute money to any online service or other organisation, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users, such as "pyramid schemes" or "ponzi schemes"; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (x) resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database; (xi) use the Service to collect personally identifying information about users of the Service in violation of our Privacy Policy; (xii) disguise a file type to thwart our detection processes; (xiii) post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law; (xiv) attempt to interfere with the Service to any user, host or network ("denial of service attacks"). This includes but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host; (xv) submit to the Live Directory multiple web sites with different URLs that re-direct a user to one web page; (xvi) submit to the Live Directory more than one URL for a single category; (xvii) update Live Directory listings with intent to distort or misrepresent them, including but not limited to changing titles of the entries, descriptions of the entries, URLs, or keywords, or (xviii) use of our service to gain, or attempt to gain unauthorised access to the accounts of others, or to penetrate, or attempt to penetrate security measures of ours or another entity's computer systems or networks connected to the Service, whether or not the intrusion results in the corruption or loss of data.
You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. We, in our sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section.
(2) Monitoring
We are under no obligation to monitor the use of the Service by members. You acknowledge and agree that we reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Service constitutes consent to such monitoring. Furthermore, we reserve the right at all times to disclose any information posted on any portion of the Service as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in our sole and absolute discretion are objectionable or in violation of this Agreement.
(3) Content on the Service.
Communications posted through the Service are provided by users such as you who are unaffiliated with us, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not us, are entirely responsible for all Communications that you upload, post, email or otherwise transmit via the Service. In using the Service or receiving e-mail messages from members through the Service, you should not assume that such messages have been reviewed by us, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service.
We keep backups of key server systems only. We can accept no responsibility for any loss of data or consequences
arising from this. We always advise you to back up your site data regularly for your own protection.
(4) Personal Safety.
When using the Service, please be certain that anything you say does not compromise
your personal safety. Do not provide your name, phone number, postal or e-mail
address, your password, or any other personally identifying information to people
you do not know. Do not continue any conversation online that makes you feel uncomfortable.
3. Merchants
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.
4. Termination
If an account is used to violate our policies, we may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which we may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to us and our licensors. We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however, flagrant violations of our policies will result in immediate suspension and/or termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
5. Minors
If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service; and (c) the consequences of any use of the Service by such Minor. Children under the age of 13 should not register for any Service hereunder. At various places on the Service, we ask whether users are under the age of 18 or 13. We rely on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy.
6. Reporting Violations of our Policies
We request that anyone who believes that there is a violation of our policies direct the information to: Legal@A-DNS.net
If available, please provide the following information:
(a) The web domain address used to commit the alleged violation.
(b) The date and time of the alleged violation, including the time zone or offset from GMT.
(c) Evidence of the alleged violation.
In response to complaints we may take any one or more of the following actions:
(a) Issue written or verbal warnings.
(b) Suspend the users forum and/or newsgroup posting privileges.
(c) Suspend the users account.
(d) Terminate the users account.
(e) Bill the user for administrative and/or reactivation charges.
(f) Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
1. Copyright
©DigitalDreamzUK. The copyright and material on our Internet Website is owned by us and protected by the copyright laws of
the United Kingdom. The material on our Internet Website may be used by anyone who accesses it and such users will be entitled
to copy any such information for their own personal use, but may not republish, transmit, store, reproduce, communicate or make available
to the public any such information in any manner, including by linking to our Internet Website, without our prior written consent.
Any unauthorised republishing, retransmission, storing, reproduction, communication or making available to the public or other
copying or modification of any of the contents of our Internet Website or linking to our Internet Website may be in breach of statutory
or common law rights which could be the subject of legal action. We disclaim all liability which may result from any unauthorised
reproduction or use of the information on our Internet Website. All rights not expressly granted herein are reserved by us.
2. Trademarks
DigitalDreamzUK, a-dns, A-DNSForum, SurfFreedom and their respective logos are registered trademarks of members of the DigitalDreamzUK Group.
Certain names, words, titles, phrases, logos, icons, graphics or designs to the pages of our Internet Website may constitute trade
names or unregistered trade marks owned by members of the DigitalDreamzUK Group. The display of any of the above trade names or trade marks
on pages of our Internet Website does not imply that any licence has been granted to any third party in respect of the same.
All other product or company names and devices, logos, icons, graphics or designs referred to on the pages of our Internet Website are the
trade marks of their respective owners and are exhibitedonly in such a manner as is intended to be for the benefit of such trade mark owners
and we intend no infringement of such trade marks. The appearance or absence of products, services, companies, organisations, home pages
or other Websites on our Internet Website does not imply any endorsement or non-endorsement thereof by us. All rights not expressly
granted herein are reserved by us.
3. Disclaimer
We have provided links and pointers to internet sites maintained by
third parties ("Third Party Sites") and may from time to time provide third party
materials on the Service. Neither us, our affiliates or suppliers operate or control in any respect any information,
products or services on these third party sites. The Service, the materials and
products available in or accessible through the service, and the third party sites
are provided "as is" and, to the fullest extent permissible pursuant to applicable
law, we disclaim all warranties, express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose and non-infringement,
and warranties implied from a course of performance or course of dealing. We do not
warrant that the functions contained in such materials and products, or in the Service,
will be uninterrupted or error-free, will be available for use, that defects will be corrected,
or that the Service, including the storage services and their contents, or the server that
makes them available, are free of viruses or other harmful components. We do not warrant
or make any representations regarding the use, or the results of the use of the materials
in the Service or in third party sites in terms of their correctness, accuracy, timeliness,
reliability, completeness or otherwise. You assume all risk of errors and/or omissions in the Service,
including the transmission or translation of information. You assume full responsibility for implementing
sufficient procedures and checks to satisfy your requirements for the accuracy
and suitability of the Service, including the information, and for maintaining
any means that you may require for the reconstruction of lost data or subsequent
manipulations or analysis of the information provided hereunder. You acknowledge
and agree that your use of the Service, and any information sent or received in
connection therewith, may not be secure and may be intercepted by unauthorised
parties. You assume responsibility for the entire cost of all necessary maintenance, repair
or correction to your computer system or other property. Furthermore, we expect that customers
who provide hosting services (resellers) to others will ensure their customers fully comply with all
applicable laws concerning the privacy of online communications and any other policy of ours. A
customers failure to comply with those laws will violate these policies. If a customer provides hosting services
(resellers) to others and decides to cancel their reseller hosting account with us, then we will not be
responsible for maintaining hosting for the resellers customers.
4. Limitation of Liability
In no event shall we be liable for any direct, indirect, punitive, incidental,
special, consequential or other damages including loss of profits, business revenue
or goodwill arising out of or in any way connected with the use of the Service
or with the delay or inability to use or access the Service, of for any information,
software, products and Services advertised in or obtained through the Service, our
removal or deletion of any materials or records submitted or posted on our Internet Website,
or otherwise arising out of the use of the Service, whether based on contract, tort, strict
liability or otherwise, even if we, our affiliates or suppliers has been advised of the
possibility of damages. This waiver applies, without limitation, to any damages or injury
arising from any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, file corruption, communication-line failure,
network or system outage, or theft, destruction, unauthorised access to, alteration of, or use
of any record. You specifically acknowledge and agree that we, our affiliates or suppliers
shall not be liable for any defamatory, offensive or illegal conduct of any use of the service.
5. Indemnification
You agree to defend, indemnify and hold harmless DigitalDreamzUK, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
6. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental
control protections (such as computer hardware, software, or filtering services)
are commercially available that may assist you in limiting access to material
that is harmful to minors. Information identifying current providers of such protections
is available at the, Electronic Frontier Foundation Web site,
and at the GetNetWise site.
To view information on our policy regarding the privacy of children under the
age of 13, please see our privacy policy.
7. Infringement
We, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserve the right, but not the obligation, to terminate your licence to use the Service if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to us in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement, by email to: Legal@A-DNS.net
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A. A physical or electronic signature of a person authorised to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
8. Notification of Violation
We are not under any duty to look at each customer's or user's activities to determine if a violation of our policies has occurred, nor do we assume responsibility through our policies to monitor or police Internet related activites.
(a) First Violation
If we determine that you have violated any element of our policies you will receive an email warning you of the violation. At our discretion, your account may be subject to a temporary suspension pending your agreement in writing to refrain from any further violations.
(b) Second Violation
If we determine that you have committed a second violation of any element of our policies your account will be subject to immediate suspension or termination without further notice. You will also be liable to a reactivation fee of $20.00.
We reserve the right to disable the section of IP or name based hosting space involved in SPAM or Denial of Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
9. Miscellaneous
You acknowledge and agree that the disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by us to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of us. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable,
it will not affect the validity and enforceability of the remaining provisions and will be replaced by an enforceable provision
that comes the closest to the intention underlying the unenforceable provision. This Agreement and any posted operating rules constitute the entire agreement
of the parties with respect to the subject matter hereof, and supercede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
10. Governing Laws
The terms and conditions of use of our Internet Website shall be governed by and construed in accordance with the laws of England
and Wales and any dispute regarding our Internet Website shall be subject to the jurisdiction of the English and Welsh courts.
We have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for our Internet Website. We gather certain types of information about our users, and we would like to explain the types of information we gather, what we do with it and how to correct or change the information.
1. Information Collected
We collect two types of personally identifying information from users: personal data (such as names and e-mail addresses); and aggregated data (such as information about traffic patterns on our Internet Website, for example how many users log into our Internet Website on a daily basis).
None of this information is provided to any outside party for any reason.
2. Personal Data
Personal data is collected when users provide personal data to us, for example in registering for new domains. We also collect email addresses of users who post messages to our message boards and chat areas.
From time to time we receive enquiries for examples of sites hosted by our services. If you would like to have your site available for such use,
please contact Sales@A-DNS.net. No information other than your site name will be
provided to the individual making the enquiry. Personal information that may be displayed on the client site is the responsibility of the client.
3. Client Testimonials
We never publish client testimonials without seeking permission first. This will be done by contacting you via email to ask if we can use your comments on our Internet Website and/or promotional material. Testimonials submitted to hosting directories or any other third party review sites will be assumed safe to use without seeking permission first.
4. Aggregated Information
Aggregated information, such as which pages users access or visit and information volunteered by users, such as survey information and/or site registrations, is collected through various methods. For example, we collect IP addresses. An IP address is a number that is automatically assigned to your computer whenever you're surfing the Internet. Web servers, the computers that "serve up" Web pages, automatically identify your computer by its IP address, and when you request a page from our Internet Website, our servers log your IP address. We do not link IP addresses to anything personally identifiable, so although your session will be logged, you will remain anonymous to us. We collect IP addresses for the purposes of system administration. This information is only collected to see each unique visitor to our site and not for any other purpose than that.
5. Advertisers and Cookies
You may occasionally get cookies from our advertisers, which is standard in the Internet industry. While we use cookies in other parts of our Internet Website, cookies received with banner ads are collected by our advertisers, and we do not have access to this information. We do not control these cookies, and these cookies are not subject to our privacy policy.
Most browsers are initially set to accept cookies. If you'd prefer, you can set yours to refuse cookies or to alert you when cookies are being sent.
6. Registration and Order Forms
Our site uses forms which require users to give us contact information (like their name, email, and postal address). Contact information from the forms is used to ship purchases, and send promotional material to our customers. The customer's contact information is also used to get in touch with the customer when necessary. This information is NEVER given to any third party. These offers would be sent by us only. Users may opt-out of receiving future mailings, see the choice/opt-out section below.
7. External Links
It is important to note that this site contains links to other sites. We are not responsible for the privacy practices or the content of such sites. The use of any information or materials that you may access at these external sites is purely voluntary. You should not rely on their contents without independent and thorough review of the accuracy, completeness, effectiveness, timeliness and correct sequencing. These external sites may also refer to specific commercial products, processes, or services by trade name, trademark, service mark, manufacturer or otherwise. Unless we have provided specific authority, such references in no way indicate our endorsement, recommendation or preference.
8. Message Boards and Chat
We make chat rooms, forums, message boards, and/or news groups available to users. Please remember that information posted to message boards and chat areas becomes public information and you should exercise caution when deciding to disclose your personal information. Use caution when posting. Users under the age of 18 should be especially careful not to provide any personally identifying information while using chat rooms or message boards. As set forth in our Terms and Conditions of use, users of chat rooms and message boards must follow acceptable standards of behavior when posting messages online.
9. Security
Our Internet Website has security measures in place to protect the loss, misuse, and alteration of the information under our control. However, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of us to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, we can not ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk. Under no circumstances, including but not limited to negligence, shall we, be liable for any special, incidental or consequential damages that result from the use of information or materials on our sites, even if we or an authorised representative of ours, has been advised of the possibility of such damages.
10. Credit and Debit Cards
Information regarding credit cards will not be kept on our servers. Orders are done through a secure connection to our payment processors, and as such, you are advised to check their website and read their privacy policy and terms. We do not have access to your information, and will, in most cases, never require it. If you are contacted by anyone claiming to be a member of our staff asking for any personal information, please send an email to Admin@A-DNS.net.
11. Children and Privacy
We care about children and understand that they have special privacy needs. Therefore, we have adopted the following privacy policy regarding children:
- We will NOT collect, use, or distribute to third parties personally identifiable information without prior verifiable parental consent.
- We will NOT give the child access to unmonitored chat rooms, message boards, email accounts, or other services that would give the child the ability to publicly post or otherwise distribute personally identifiable information without prior verifiable parental consent.
- When verifiable parental consent is not obtained, we will only use the online contact information (such as email) to:
- Respond directly to the child's request on a one-time basis and not use that information to re-contact the child for other purposes.
- Request the name or online contact information of a parent for the purpose of obtaining verifiable parental consent or providing parental notification.
- Respond more than once directly to a specific request from a child (such as in the case where a child requests a newsletter subscription) and not used to re-contact the child for other purposes. We will use our best efforts to provide parental notification, which will include the nature and intended use as well as an opportunity for the parent to prevent the use of the information and participation in the activity.
- We will NOT entice the child to divulge more information than is needed to participate in any activity, game, or service.
- We will provide the parent a description of the specific types of personally identifiable information collected from their child upon request.
- We will allow the parent to refuse further use or future online collection of personally identifiable information and provide a way for a parent to obtain any personally identifiable information collected from their child.
- We will provide notice to children in age appropriate terms of what personally identifiable information is to be collected.
- We will NOT provide any links to Web sites that are unsuitable for children.
- We will encourage children to get their parent's permission before sharing personal information online.
- This information is NEVER given to any third party. These offers would be sent by us only.
Individuals Under 13
No information should be submitted to or posted on our Internet Website by users under the age of 13 years without the consent of their parent or guardian. We do not provide any personally identifying information, regardless of its source, to any third party for any purpose whatsoever unless disclosed during collection. Users under the age of 13 are generally asked not to participate in any contests or any other promotional opportunities.
Individuals 13 Through 17
We request that all children under the age of 18 do not submit or post information to our Internet Website without their parent or guardian's consent. We may collect information, including personally identifying information, from users between the ages of 13 and 17, and with the permission of their parent or guardian this information may be used for marketing and promotional purposes by us. If a user or their parent or guardian changes their mind with respect to such use, such user, parent, or guardian may stop that use by email request as by stated below.
12. Choice/Opt-Out
Our Internet Website provides users the opportunity to opt-out of receiving promotional/marketing information from our partners, and us. To do so, send an email to Admin@A-DNS.net
1. Disclosure to Law Enforcement
Our policies specifically prohibit the use of our services for illegal activities. Therefore, you agree that we may disclose any and all your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you, in addition we shall have the right to terminate all service set forth in this Agreement.
2. Service Rates
You acknowledge that the nature of the service furnished and the initial rates and charges have been communicated to you. You are aware that we may prospectively change the specified rates and charges from time to time. Rates are shown in both $US and £Sterling, and an exchange rate of 1.5 is applied as standard.
3. Payment
Establishment of our services is dependent upon receipt by us of payment of stated charges. We have monthly, quarterly and yearly billing cycles depending on which services you select. Billing anniversary day information will be sent to you along with your account activation information, after we process your order. Prompt payment is necessary to ensure your account remains active. You will be set up for automatic recurring billing. If you ever need to update your details please contact us immediately. Late payments, credit card refusals, expiration, chargebacks or disputes are subject to suspension or termination of your account. You grant us the right to debit the credit card or account you provide for services you sign up for, until such service is cancelled by you in writing or is cancelled by us according to the terms of this agreement. You are responsible for the provision of sufficient funds in your account and we will not be held responsible for any charges incurred as a result of overdrawing of the account or credit card or as a result of failed transactions. You warrant and represent that the information you supply to us is accurate and truthful. If you upgrade your account, your next statement will reflect the new price or the difference between what you are currently paying and the new price.
We agree to furnish services to you, in return for stated charges. We will never require you to advertise us
in any way, shape or form unless agreed upon, such as a non-profit organisation receiving complimentary services.
(a) Cheque Payment
These must be in £ Sterling. Please include details with the cheque of the type of service you require including any domain names. Account will be opened upon clearance of funds. Please allow plenty of time for any postage and/or clearance delays.
(b) Monies
We can accept either £ Sterling or British Postal Orders. Please include details of the type of service required including any domain names. Account will be opened upon receipt of funds. Please ensure payment is sent by registered post to ensure delivery can be verified.
(c) Credit Cards
These will be processed by our payment processors and account will be opened when said processors notify us of received funds.
4. Account Activation
Full payment is required before any account or service is activated, including renewals. All payment due notices will be sent by email. Prepayment is due each anniversary day following the date the account was established. We will continue to bill you until you cancel the account. Any additional features can be purchased at any time. You are responsible for all data under your control, you must ensure you have obtained any copyrights or permissions needed for any of the data. We are not liable for any consequence that should arise. Your account will be automatically renewed under the same time and fee structure unless you give written notice 14 days before the renewal date that you do not wish to renew such account.
5. New Domain Accounts
All new hosting accounts involving new domains will be set up and entered into our DNS servers usually within 1 business day. Due to unforeseen complications, however, this process may sometimes require upto 3 business days. Domain name registration fees are non-refundable. If we get a chargeback for the domain registration fee, that domain name will be revoked.
6. Transfer of Domains
New hosting accounts which involve the transfer of a domain name from another provider to us will require a minimum of 3 days to be set up and enterd into our DNS servers. In some cases, such transfers may take longer due to the unpredictable nature of the transfer process. No guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by us on your behalf a handling fee may be incurred. If you cancel your account during the transfer period for any reason, all handling fees will not be refunded.
PLEASE NOTE: Transferring a domain record to us is NOT required in order to host with us. All that is required to activate any domain for a new account is a modification of the name server, a.k.a. DNS aspect of the domain record. This will effectively "point" traffic to your new account with us after the newly updated record has propagated world wide, which is a process that can take anywhere from 48 to 72 hours (average time).
7. Support Boundaries
The following constitutes our guidelines when providing support: we provide support related to your account and physical functioning. We do not offer technical support for application specific issues such as cgi programming, html or any other such issue, unless we have been specifically hired to install and support such software. We do not provide technical support for your customers and/or visitors to your website.
8. Spam and Unsolicited Commercial Email (UCE)
We take a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. This means that you may not use or permit others to use our network to transact in UCE. You may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear 'opt in' methods and a strict removal procedure is published in all mailings.
(a) Violation of our SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we will initiate an immediate investigation. During the investigation, we may restrict your access to the network to prevent further
violations. If you are found to be in violation of our SPAM policy, we may, at our sole discretion, restrict, suspend or terminate your account. Furthermore, we reserve
the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offence.
(b) First violations of this policy will result in a warning and/or account suspension. A second violation will result in immediate termination of your account. Users who violate this policy agree that they will pay "Research Fees" not to exceed $50.00/£33.33 per hour to compensate our personnel for their time in the investigation of the matter. PLEASE, DO NOT SPAM from your account or on behalf of your account.
9. Network
You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than negligence by us and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that we shall not be liable for any damages arising from such causes beyond the direct and exclusive control of us. You further acknowledge that our liability for our own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall we be liable for any special or consequential damages, loss or injury.
(a) IP Addresses
If we assign you an Internet Protocol address for your use, the right to use that Internet Protocol address shall belong only to us, and you shall have no right to use that Internet protocol address except as permitted by us in our sole discretion in connection with the services, during the term of this agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to you, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses, in our
sole and absolute discretion.
(b) Disk Usage and Bandwidth
We will monitor your server disk usage. You agree that account cost will vary according to disk usage. You can not store more data or exceed the bandwidth allocated on the package you sign up for. If you think you may need extra space/bandwidth please order additional space/bandwidth. If you exceed your limits we will charge you for the extra amount according to the prices on our Internet Website. It is the sole responsibilty of the customer to contact us in advance of requiring extra resources to prevent account suspension. in some cases, accounts are automatically suspended when their resource limits have been reached and manual unsuspension is required by us. If the extra usage reaches a point where it has an adverse effect on other users, we reserve the right to suspend your account until you can reduce the usage. Adverse effects are defined as bandwidth and/or processor utilisation. An account is considered using "excessive amounts of resources" when it monopolises the resources available using 50% or more of system resources for longer than 5 minutes. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the right to suspend or terminate any account that we feel is jeopardising our network. We will be the sole and final arbiter as to what constitutes a violation of this policy.
There will be no bandwidth charges unless the posted limits for the billing period are exceeded. If this occurs we will bill you accordingly.
(c) System and Network Security
You are prohibited from violating or attempting to violate the security of our Network. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations. These violations include, without limitation;
i. Accessing data not intended for you or logging into a server account, which you are not authorised to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any email, newsgroup, or BBS posting.
v. Taking any action in order to obtain services to which you are not entitled.
10. Refunds and Disputes
All overcharges or disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer, and if that dispute is resolved in our favour, you agree to pay us an "Administrative Fee" of $50.00/£33.33 in order to compensate for the handling of any chargebacks resulting from your dispute. Any chargebacks will automatically cause your account to be terminated. After the 30 day introduction period, refunds will not be issued for account cancellations on a monthly payment schedule. If you pay quarterly or annually for services we will issue a pro-rata refund for full months not used, and using the full monthly price for spent months (without any discounts). Set-up, domain registration, one time fees and any additional extras applied to your account or service are non-refundable.
11. Failure to Pay
We believe you to be legitimate, honest and responsible. If your account becomes overdue after the due date on the invoice, you will receive a reminder via email that we have not received your payment. Your account will be suspended if payment is not received within 3 days of your past due date. Your account will be terminated if your account becomes more than 7 days past due. Such termination or suspension will not relieve you of your responsibilty for the payment of all accrued charges. If you pay and we receive a notice of returned payment for any reason including insufficient funds and/or fraud you will be charged an "Administrative Fee" of $50.00/£33.33. If your account has been suspended due to non-payment, we reserve the right to charge you a $20.00/£13.33 fee for the account to be reactivated.
12. Account Cancellation
If you wish to terminate your account with us you must send written notification no less than 14 days before your billing day to avoid charges in full for the next cycle. If you cancel your account in the middle of a billing cycle you still have to pay for the full cycle. You may cancel at anytime. It is your responsibility to secure an email confirmation from us that the account has been cancelled. If you have not received an email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. Any balance due at the time of cancellation must be paid in full. Cancellation does not absolve you of any outstanding financial obligations. On closing or termination of your account all data will be deleted. You must ensure you have a full back-up of your data before cancelling your account as we will not be able to restore that data. Free domains or other
services which have been applied to your account as part of an offer will be released upon cancellation and will require payment in full at the normal advertised rate, ie should we offer a free domain name on a hosting account, upon cancellation the full cost of domain registration will be billed to yourselves before we release it.
13. Suspension or Termination of Service
We reserve the right to suspend network access to you if, in our judgement, your account is the source or target of the violation of any terms of our policies or for any other reason which we choose. If inappropriate activity is detected, all your accounts will be deactivated until an investigation is complete. Prior notification to you is not assured. In extreme cases, law enforcement will be contacted regarding the activity. You will not be credited for the time your accounts are suspended. If your account is suspended due to a break of our policies email us and we will review your account and it may be reactivated, however, if there is a second occurence your account will be terminated without notice. You will be charged a $20.00/£13.33 account reactivation fee. If your account is terminated due to policy violations or for any other reason, you will not be refunded. In the event that a resold account is in breach of our policies, we reserve the right to suspend this account without informing the reseller. The end user will not be contacted by us and every effort will be made to inform the reseller (our customer) of our actions and reasons. Free domains or other services terminated due to policy violations will not be released to the customer.
14. Refusal of Service
We reserve the right to refuse, cancel or suspend service at our sole and absolute discretion.
15. 30 Day Money Back Guarantee
If you are not completely satisfied with our hosting services within the first 30 days from the account activation, you will be given a full refund on your hosting fee excluding any additional services, subject to you cancelling the account in accordance with our policies. The guarantee does not apply and will not be issued if more than 50% of your allocated data transfer has already been used on the web hosting account. If payment was by credit/debit card, refunds will be issued to the original card provided at the time of purchase. All other refunds will be sent to the last address you gave us, so please keep your information upto date as we will not be liable for
refunds that may go astray due to you not informing us of your current details. If your account has been cancelled by us due to a breach of the terms of service or any other policy on your part, you will not be eligible for a refund. Domain name registration, ssl certificates, set-up fees and any other extra charges are not covered by this guarantee and as such are non-refundable.
This document is version 2.2 of the Terms and Conditions and takes effect as of 10/12/03.
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