These terms of service govern our agreement to provide services to you and your subsequent operation of your account.
By signing up for and/or otherwise accessing any of the services or products provided by Linten Limited, you agree to be bound by all these Terms and Conditions. It is essential that you read these terms prior to purchasing services with us. If you have any questions about these terms, please contact us.
Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary.
It is your responsibility to ensure that you are up to date with all of our Terms and Conditions. We will, however, notify you of any material changes.
These General Terms & Conditions and the Service Specific Terms & Conditions, the Acceptable Use Policy and any information relating to the Service/Package purchased from Linten Technologies forms the Agreement between Us. If any of these General Terms & Conditions are inconsistent with any terms set out in Linten Service specific terms & conditions, the Service specific terms & conditions shall prevail.
By signing up for the Services You warrant that You are at least 18 years old, and legally capable of entering into a binding contract; or acting with the express permission and using the payment details of a person or organisation who in turn is agreeing to be bound by the terms of this contract.
You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy which can be viewed at http://www.linten.co.uk/terms/?page=abuse.
By using a Linten provided service, You accept these Terms & Conditions.
1.1 “Agreement” means any agreement to which these terms & conditions are incorporated.
1.2 “Us/We/Our/Linten” means Linten Limited with registered office at Binks Building, 30-32 Thomas St, Manchester M4 1ER. Linten is registered in England and Wales, No: 6808124.
1.3 “Package” means a collection of Services.
1.4 “Pay As You Go” means there is no minimum term commitment.
1.5 “Prices” means the Prices for the Services set out in order form or as otherwise notified to You.
1.6 “Services” means the Services to be provided by Us.
1.7 “You/Your” means the person or company who purchases Services from Us.
2. Duration and Renewal of Services
2.1 Services for which payment is required on a monthly basis are available for fixed 12 month, 24 month or 36 month minimum contract periods. Unless specifically stated to the contrary in the details of the Service and/or Package You purchase.
3.1 When entering into a contract as a consumer (not in the course of conducting business) the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013 (“the regulations) allow you to cancel the Contract at any time within 14 days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the 14 days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.
3.2 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
3.3 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, or agreed by Us in writing prior to purchase, Services are not available on a trial basis. It is Your responsibility to ensure that the Services you purchase are suitable for your technical requirements.
3.4 You are entitled to cancel the services by contacting Us no more than 30 days prior to the expiry of your minimum contract term, and no less than one working day prior to the next payment date of that service. Once We accept your cancellation request you will be provided with written confirmation. Cancellation requests will not be deemed to have been received and accepted until we have issued our written confirmation to you.
3.5 Linten reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or the Service Specific Terms & Conditions and/or our Acceptable Use Policy.
4.1 Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
4.2 In the event that We cancel Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term.
4.3 If You contravene Your Agreement with Us, a refund will not be issued in the event of a cancellation.
4.4 Credit notes can only be used for payment (or partial payment) of Your Service, and are non-refundable.
5.1 All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package.
5.2 Payment will be due on the basis of the Service and/or Package You have selected. If You have purchased “Pay as You go” Services or Packages then payment will be required monthly in advance. If You have purchased Services on a fixed 12 month, 24 month or 36 month basis then You will be required to pay on the payment plan You selected, paying in advance or by way of monthly instalments in advance throughout the year.
5.3 You will be invoiced automatically for the next pre-paid period on the basis of your current payment plan at the expiry of the current pre-paid period unless You have cancelled the Services in accordance with clause 3.1. Payment of the Price will be taken via the payment method specified when ordering and will be non-refundable. In cases of failed payment, the invoice will become due and payable to Us in its entirety.
5.4 Linten reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.
5.5 All payments must be made in UK pounds sterling, inclusive of applicable taxes.
5.6 You warrant that You are authorised to make payment using the payment card or facility You disclose to Us. In the event that You are not the named card holder, You acknowledge that You and the party who is the named card holder both accept Our Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card. You will indemnify and hold Us harmless in the event that the cardholder or issuer declines any transaction for payments to Us, including all of Our costs in administering Your non-payment and obtaining payment of those Prices due.
5.7 Linten reserves the right to suspend all Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. You are responsible for all money owed on the account from the time it was established until We accept Your cancellation request. You are responsible for any additional costs incurred by Us in the collection of outstanding debt.
5.8 Payments processed by PayPal are subject to PayPal’s terms and conditions of Service, and We make no representations or warranties with respect to those Services.
5.9 No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase or automated renewal transaction is completed.
5.10 If You fail to pay all Prices due, We reserve the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to Us.
5.11 Please refer to Our Service Specific Terms & Conditions including, but not limited to, the Domain Name terms of Service for Domain Name for specific payment policies.
5.12 Any unused Credit notes on Your Account will be taken in payment of Your Service. Where the value of the unused Credit note is less than the total payment due, the remainder of the balance will be due.
6.1 If You withdraw any payments made via a bank, credit card or PayPal account (a “chargeback”) We will either defend such chargebacks directly with the card issuer, or take appropriate steps to recover the original monies from You in addition to an administration fee of £20+VAT for each inappropriate chargeback raised.
6.2 If a chargeback is made, We reserve the right to immediately interrupt, suspend or cancel all services within your Account. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to Us.
7. Appropriate Service use
7.1 We reserve the right to refuse Service and/or access to its servers and/or Services to anyone.
7.2 We do not allow any content which breaches our Acceptable Use Policy to be stored on our servers. We reserve the right to remove content from the Services or suspend the Services immediately where it reasonably suspects such content breaches the Acceptable Use Policy.
7.3 We shall notify You if we become aware of any allegation that You breach the Acceptable Use Policy.
7.4 Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of Us.
7.5 We reserves the right to move Your data to a different server with no prior notice.
7.6 You shall indemnify Us against all damages, losses and expenses arising as a result of any action or claim that the data, content and/or any other material breaches the Acceptable Use Policy.
7.7 In the event that We remove data or content from the Services and/or suspends Your site pursuant to clause 7.2, and later reinstates such content and/or resumes the Services, You shall indemnify Us against all damages, losses and expenses arising as a result of any action or claim that such content and/or data and/or the Services Your site breaches the Acceptable Use Policy.
8. Scheduled maintenance
8.1 To guarantee optimal performance on the servers, it is necessary for Us to perform routine maintenance. Such maintenance often requires taking Our Services off-line, typically performed during off-peak hours. We will give You advance notice of maintenance requiring the Services to be taken off-line whenever possible by publishing notice on the Our website.
9.1 We will endeavour to provide a continuous high quality service. If You experience problems with Your Service, You should contact our support line on 0333 305 2332. Our lines are open Monday to Friday 08:00 to 18:00 excluding bank holidays. You may also contact us Online, we aim to respond to all emails within 24 hours.
9.2 Please note we may require suspension of some of Our Services for short scheduled periods to carry out maintenance or repair to Our Services. Information concerning scheduled downtime is available on our website, as are details of any interruptions to Our Services.
10. Reselling of Services
10.1 All Services are intended for use by the primary owner only, should you choose to resell, store or give away web-hosting Services to other parties You agree that such activity will be undertaken at your own risk. You also accept responsibility for ensuring that all end users abide by these terms of service.
10.2 We accept no liability to you or any third parties for losses arising from the Reselling of services as detailed in 10.1.
11. Database Usage
11.1 If You exceed the limits on Our database products (MS SQL and MySQL) then we will automatically charge You for the additional space You use at Our current Prices. For example if You have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.
12.1 All data created or stored by You within Our applications and servers are Your property. We shall allow access to such data by only authorised Linten personnel. We makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder’s server space or within applications on our servers.
12.2 We maintain backups of our servers and infrastructure pursuant to our own archiving and business continuity procedures. In the event of loss of or damage to your data relating to actions made by You or on Your behalf you will not be given access to any data stored as part of these procedures.
12.3 In the event of loss of or damage to your data relating to a failure in our systems or servers, We will make reasonable commercial efforts to assist you in the restoration of your data, however You accept full responsibility for maintaining adequate backup copies of all your data.
12.4 You shall indemnify Us against all damages, losses and expenses arising as a result of any action or claim that the content or data of Your site or content or data accessed from or published as part of the Services infringes the intellectual property rights of a third party.
13. Uploads via scripting languages
13.1 We limit uploads made via scripting languages – including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file.
14.1 It is the account owner’s responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. We are not responsible for any data losses or security issues due to stolen passwords or any passwords that You have intentionally or accidentally disclosed to any third party. We recommend that You use passwords that contain numbers and symbols in order to prevent unauthorised users from guessing commonly-used choices (i.e. “12345”, “password”, etc.).
15. Your personal details
15.1 You warrant that the contact information that you provide to us on establishment of your account is correct, and that You accept responsibility for keeping this information up to date at all times. You agree that we may suspend access to your account and the Services if we reasonably believe that the information you have supplied is inaccurate.
15.2 Please note that whilst Your email is primarily used for billing purposes, We reserve the right to email You information about its product offerings.
16. Linten Disclaimers and Warranties
16.1 Whilst every attempt would be made in the unlikely event of any corruption or hardware failure, We cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by Us.
16.2 We make no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder “as is” without warranty of any kind.
16.3 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.
16.4 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
17.1 We shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
17.2 We will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
17.3 No matter how many claims are made and whatever the basis of such claims, Our maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.
17.4 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Linten, our employees or sub-contractors.
17.5 We shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
17.5.1 Interruptions to the flow of data to or from the internet;
17.5.2 Changes, updates or repairs to the network or software which we use as a platform to provide the Services;
17.5.3 The effects of the failure or interruption of Services provided by third parties;
17.5.4 Factors outside of Our reasonable control;
17.5.5 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
17.5.6 Problems with Your equipment and/or third party equipment;
17.5.7 Interruptions to the Services requested by You.
18. Force Majeure
18.1 We shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of Linten (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.
19.1 The failure of Us to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
20.1 The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.
21.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Us to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.
22. Governing Law
22.1 Except as otherwise set forth in the Domain Dispute Policy, Your rights and obligations and all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.
23. Legal Fees
23.1 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
24.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Us However, in the event that We consent to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
25. Entire Agreement
25.1 This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
26. Amendment in Writing
27. Further Assurances
27.1 The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
28. Relationship of the Parties
28.1 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
29. Joint and Several Obligations
29.1 If any party consists of more than one entity, their obligations here under are joint and several.
30. No Third Party Beneficiaries
30.1 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
31.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Us as reflected in the original provision.
Please note: by signing up for any of our services you agree to be bound by all Our terms and conditions.
The following terms and conditions apply to Linten (non-exchange) email Services.
1. Size of mailbox
1.1 Each mailbox has a storage quota. This is in place to protect Your account and others from potentially large volumes of email sent to a single address that could materially affect the email system server. It is the mailbox owner’s responsibility to ensure that his/her mailbox does not reach its allocated level. We cannot be responsible for email lost due to full mailboxes. You can check Your mailbox size from Your Webmail portal.
2. Service availability
2.1 We monitor the server as a whole but does not monitor individual mailboxes. The server uses SMTP, a “store-and-forward” email protocol, to deliver outbound messages. This protocol does not guarantee immediate delivery of email messages. By default, the server makes a delivery attempt every ten minutes three times; after that the server will attempt message delivery every fifteen minutes. If there is no successful delivery attempt within twelve hours, a delay notification will be emailed to the sender. If there is no successful delivery attempt within two days, the message will be returned to the sender.
3.1 We makes ever reasonable effort to ensure mailbox security at all times. We do this through a combination of various network security policies, load balancing and redundant systems. We make every reasonable effort to ensure the integrity of data on Our systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner’s responsibility notify to Us. We cannot guarantee to restore data and we accept no liability for the loss of any such data.
4. Use of email account
4.1 If We identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all Services to the domain as appropriate.
4.2 For details of what is not allowed by Us and Our spam/ illicit material policies please see Linten Acceptable Use Policy.
Please note: by signing up for any of our services you agree to be bound by all Fasthosts terms and conditions.
1.1 In these Terms and Conditions we use words that have defined meanings. These are as follows:
1.1.1 “we”, “us” or “our” means Linten Ltd. Our address for correspondence is Binks Building, 30-32 Thomas St, Manchester M4 1ER. Our company registration number is 6808124. We are registered in England and Wales. Our VAT number is 793 7645 71. Our telephone number is 01616602216;
1.1.2 “you” or “your” means the person or organisation to whom the Service is to be provided, named as our client in the Order Form;
1.1.3 “Agreement” means the agreement under which we agree to provide the Service to you, comprising this document (together with its schedules) and the Order Form;
1.1.4 “Control Panel” means the control panel interface which we make available to you from time to time to enable you to manage Mailboxes and otherwise configure certain aspects of your use of the Service;
1.1.5 “Fees” means the Service Fees and such other fees as we may charge in accordance with the terms of this Agreement;
1.1.6 “Mailbox” means an email account owned and operated by you, including up to ten aliases associated with that email account, in respect of which you ask us to provide, and in respect of which we agree to provide, the Premium Service or the Premium Plus Service;
1.1.7 “Basic Anti-Spam” means the virus filtering and spam filtering service provided by us from time to time;
1.1.8 “Microsoft Licence” means the licence granted to you by Microsoft Ireland Operations Limited (“Microsoft”) in accordance with the End User Licence Terms in Schedule 1 or such other terms as we notify to you from time to time in accordance with clauses 5.13 and 5.14, and for the avoidance of doubt all references to “Customer” in the Microsoft Licence are to us;
1.1.9 “Minimum Period” means a period of one month commencing on the Service Commencement Date;
1.1.10 “Monthly Throughput Usage Limit” means the aggregate monthly throughput usage limit across all Mailboxes expressed in gigabytes per month in respect of your use of the Service, as calculated or varied in accordance with clause 5.5;
1.1.11 “Order Form” means the order form attached to these Terms and Conditions;
1.1.12 “Policies” means our acceptable use and data protection policies as set out in clause 5 as we may amend from time to time by notice;
1.1.13 “Premium Service” means access to a hosted Microsoft Exchange email service and use of MessageStream Express;
1.1.14 “Premium Plus Service” means access to a hosted Microsoft Exchange service, use of MessageStream Express and use of Microsoft’s Outlook and Entourage software (“Microsoft Outlook and Entourage”) in accordance with the Microsoft Licence;
1.1.15 “Server” means the server or servers on which we store emails received by or sent to you pursuant to the Service;
1.1.16 “Service” means the Premium Service and/or the Premium Plus Service (as the case may be) to be provided in respect of each Mailbox or such other services we agree to provide to you from time to time as varied in accordance with clause 4.19;
1.1.17 “Service Commencement Date” means the service commencement date specified on the Order Form or such other date as you and we agree in accordance with clause 2.4;
1.1.18 “Service Fees” means our fees for providing the Service in accordance with clause 6;
1.1.19 “Service Fees Assessment Date” has the meaning set out in clause 6.2;
1.1.20 “Service Usage Limit” means the Storage Usage Limit and the Monthly Throughput Usage Limit or, where the context permits, either of them;
1.1.21 “Storage Usage Limit” means the maximum amount of data that may be held by you on the Server being up to 25 gigabytes of data within each Mailbox or such lower amount as you specify in accordance with clause 4.7;
1.1.22 “Support Contacts” means the individuals (up to a maximum of five in total at any time) as you notify in writing from time to time as being authorised to act on your behalf in connection with requests for support in accordance with clause 4.12 provided that (i) you warrant that in all cases such individuals are your employees, trained by you and are knowledgeable and competent in respect of all relevant aspects of email services and the use of services in the nature of the Services and (ii) you agree that the identity of any Support Contact may not be changed more than once in any month during the period of the Agreement; and
1.1.23 “Terms and Conditions” means the terms and conditions set out in this document.
2. Agreement Between You and Us
2.1 When you indicate an interest in receiving the Service, we will send an Order Form to you. By signing the Order Form or otherwise indicating your acceptance to be bound by the Terms and Conditions you are requesting that we provide the Service to you on the terms of the Agreement.
2.2 A contract is created between you and us only once we have received any Fees we have requested from you and either (i) you use the Service (ii) we sign the Order Form or (iii) we otherwise indicate in writing (including but not limited to by email) our acceptance of your offer to purchase the Service from us on the terms of the Agreement (whichever is the earlier).
2.3 Subject to clauses 2.2 and 2.4, we will commence provision of the Service on the Service Commencement Date in accordance with the terms of the Agreement.
2.4 If for any reason we are unable to commence provision of the Service on the Service Commencement Date, we shall notify you and attempt to agree an alternative Service Commencement Date. If we cannot agree an alternative Service Commencement Date with you we may terminate the Agreement immediately without further recourse to us and, provided that the reason we cannot commence provision of the Service on the Service Commencement Date specified in the Order Form is a reason within our control, we shall refund any money paid to us by you under the Agreement.
2.5 Time for provision of the Service shall not be of the essence.
3. Term of Agreement
3.1 The Agreement shall commence in accordance with clause 2.2 and shall continue for the Minimum Period and thereafter unless and until terminated in accordance with clause 10.
4. Provision of the Service
4.1 We agree to provide the Service in accordance with the terms of the Agreement. Subject to your compliance with the terms of the Agreement we hereby grant to you a non-exclusive, non-transferable licence for the period of this Agreement to use all software comprised within the Service in respect of each Mailbox solely for your business purposes.
4.2 We shall provide the Service to the standard to be reasonably expected from a competent provider of services in the nature of the Service.
4.3 Subject to clause 4.4 and the remaining terms of this Agreement, we agree to provide the Service in respect of each Mailbox which you specify using the Control Panel.
4.4 We reserve the right at any time on not less than 30 days’ notice to withdraw our agreement to provide the Service in respect of any Mailbox or to require that we grant or decline our agreement to provide the Service in respect of a Mailbox other than through the Control Panel prior to commencement of the provision of the Service in respect of that Mailbox.
4.5 Each time you specify a Mailbox in respect of which you wish us to provide the Service you must also choose and specify whether you wish us to provide the Premium Service or the Premium Plus Service. You may alter your choice at any time using the Control Panel.
4.6 We shall not, unless we agree otherwise in writing, be obliged to provide the Service in respect of more than 500 Mailboxes.
4.7 Each Mailbox is subject to the Storage Usage Limit, which can be reduced by you in respect of any or all Mailboxes using the Control Panel. You acknowledge and agree that once the volume of data contained within a Mailbox has reached the Storage Usage Limit for that Mailbox, all emails subsequently sent to or by that Mailbox will be rejected and that you will not, and the sender may not, be aware that the email has been rejected for so long as the Mailbox exceeds the Storage Usage Limit. Any emails previously rejected will not enter the Mailbox unless re-sent once the data contained within the Mailbox has been reduced to less than the Storage Usage Limit. If an incoming or outgoing email is larger in size than the remaining capacity of the Mailbox then such email will also be rejected. Any rejected email cannot be retrieved.
4.8 The maximum permitted size for an incoming or outgoing email is 30 megabytes including attachments. All emails received or attempted to be sent that exceed this limit will be rejected and it will not be possible to retrieve them. This limit cannot be amended under any circumstances.
4.9 The Service does not, unless we agree otherwise in writing, comprise a retrieval service for deleted emails. We may in our sole discretion provide a limited retrieval service on terms specified by us from time to time. Any provision of such service will be subject to your agreement to those terms and the payment of such fees as we specify in respect of such service. Emails cannot be retrieved in any event once thirty days have passed since they were sent or received using the Mailbox.
4.10 Due to the complex nature of the Service and public telecommunications networks generally we cannot warrant that the Service will be provided without interruption or error, but we will use reasonable skill and care to ensure that the Service is properly managed.
4.11 We will use reasonable endeavours to provide the Service in accordance with our agreed service levels.
4.12 We will use reasonable endeavours to rectify defects in the Service which you report to us as soon as reasonably practicable. If you become aware of a defect in the Service you agree to procure that one of your Support Contacts will report the defect promptly upon discovery to our technical helpdesk using one of the following methods:
4.12.1 by telephone on 0333 305 2332, such facility being made available by us to you from 9:00AM to 6:00PM in the United Kingdom from Monday to Friday (excluding bank holidays); or
4.12.2 by email to support @ linten.net.
4.13 We shall use reasonable endeavours to respond to any defect reported by you in accordance with clause 4.12 within one working day of receipt of your report with our plan for resolution of the defect or, if no defect exists, with an explanation as to why no defect exists, provided that we shall not be obliged to respond outside the hours specified for telephone support in clause 4.12.1.
4.14 We are not, unless we agree otherwise in writing, obliged to provide any support services in respect of the Service or to any individual other than as specified in accordance with clause 4.12. In the event that you wish us to provide any further or additional support services we will at your request notify you of the terms upon which we are willing to provide such further support services and you agree that the provision of such support services is conditional upon your agreement to be bound by such terms and to pay such fees as we specify in respect of such support services.
4.15 We may temporarily suspend provision of the whole or any part of the Service to enable us to carry out any repair, maintenance or improvement or in the event of an emergency. We will restore provision of the Service as soon as reasonably practicable after any such temporary suspension.
4.16 We may in our sole discretion modify or improve the specification or manner of operation of the Service from time to time provided that, except as notified pursuant to clause 4.19, any such modification or improvement shall not materially diminish the functionality of the Service.
4.17 You acknowledge and agree that in order to make proper use of the Service you and the Support Contacts will require a working knowledge of the Internet and email communications functions. It is your responsibility to obtain and maintain appropriate telecommunications facilities at your expense to enable you to access the Service and to configure your systems correctly, including but not limited to enabling emails to be received and transmitted correctly using the Service.
4.18 You acknowledge and agree that if you do not comply with your obligations under clause 4.17 you may not receive or be able to send emails and that emails received may not be capable of retrieval.
4.19 We may vary the specification of the Service at any time on not less than 90 days’ notice.
5. Acceptable Use and Data Protection Policies
5.1 This Clause 5 constitutes the Policies. You undertake to procure that those of your employees, agents and subcontractors who access the Service comply with the provisions of this clause 5 and agree that you shall be liable for failure on the part of such employees, agents and sub-contractors to comply.
5.2 You agree that you will use the Service within the limitations set out in this clause 5 and that if we reasonably determine that you are in breach of this clause 5.2 we may terminate the Agreement in accordance with clause 10.
5.3 You acknowledge and agree that services in the nature of the Service necessarily have finite storage and operating capacity which must be shared between our clients and that the Fees have been calculated with reference to the capacity of the Service and the Service Usage Limit.
5.4 You agree that it is reasonable for us to impose limitations on the manner in which you may use the Service and, if necessary, withdraw your authorisation to use the Service or any part of it if we deem that it is reasonable to do so with regard to our other clients.
5.5 The Monthly Throughput Usage Limit shall be an amount in gigabytes per month equal to the number of Mailboxes multiplied by 0.12 or such other monthly throughput limit as we agree from time to time. You undertake to use the Service within the constraints of the Service Usage Limit and to monitor your compliance with this obligation. You agree that we may suspend provision of the Service and/or terminate this Agreement if you exceed any element of the Service Usage Limit and:
5.5.1 you have not notified us at least 14 days in advance that you may exceed the Service Usage Limit (for example, if you plan to run an email marketing campaign during which you may send or receive a volume of email exceeding the usual volume you send or receive);
5.5.2 we have not given you our prior written consent to your temporarily or permanently exceeding the Service Usage Limit; or
5.5.3 you have not paid any additional fees requested by us in connection with any consent given in accordance with clause 5.5.2 within such period as we have specified for payment of such fees.
5.6 You further acknowledge and agree that if you exceed the Service Usage Limit without our prior written consent some or all emails which are intended to be sent to or received by you may not reach their intended recipient and that neither we nor you will be able to retrieve such emails.
5.7 You acknowledge and agree that the speed at which emails are delivered is largely dependent on factors which are outside our control, including but not limited to the capacity constraints of the public telecommunications network.
5.8 Your use of the Service must be for lawful purposes and comply with all legal requirements including but not limited to respecting third parties’ copyright, trademarks and software licences.
5.9 You may not copy, rent, lease, sublicense, display, reverse engineer, modify or alter any software owned, licensed or developed by us.
5.10 You agree that you will not use the Service in any way to:
5.10.1 publish, post, distribute or disseminate defamatory, infringing, obscene, sexually explicit, indecent, racially offensive, ethnically offensive or other unlawful material or information or that which promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability or any other illegal activities;
5.10.2 threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
5.10.3 engage in illegal or unlawful activities; or
5.10.4 transmit spam or distribute viruses, or otherwise deliberately abuse any part of the Service.
5.11 You agree that you will not resell the Service, allow any third party to use the Service or use the Service to provide services in the nature of the Service to third parties or assist any third party in its attempt to obtain access to the Service without our consent.
5.12 You shall use reasonable endeavours to prevent any unauthorised access to, or use of, the Service and notify us promptly of any such unauthorised access or use.
5.13 You agree to comply with the terms of the Microsoft Licence in all respects and at all times in respect of your use of the software known as Microsoft Exchange Server in connection with the Service and acknowledge and agree that any use of Microsoft Exchange Server which breaches any of the terms contained within the Microsoft Licence will constitute a breach of these Terms and Conditions entitling us to suspend or terminate the provision of the Service or terminate the Agreement pursuant to clause 10.3.
5.14 In the event that you wish us to provide the Premium Plus Service in respect of any Mailbox, in addition to complying with clause 5.13 above you also agree to comply in all respects and at all times with the terms of the Microsoft Licence in respect of your use of Microsoft Outlook and Entourage with respect to any such Mailbox and acknowledge and agree that any use of Microsoft Outlook and Entourage which breaches any of the terms contained within the Microsoft Licence will constitute a breach of these Terms and Conditions entitling us to suspend or terminate the provision of the Service or terminate the Agreement pursuant to clause 10.3.
5.15 You acknowledge and agree that you are solely liable for any breach by you of the terms contained within the Microsoft Licence and that you hereby agree to indemnify us in full in respect of all costs, claims, expenses, losses and damage suffered or incurred by us in connection with such breach.
5.16 You agree to access a Mailbox using a copy of Microsoft Outlook and Entourage licensed to you pursuant to this Agreement only if we provide the Premium Plus Service in respect of that Mailbox and you undertake that if you reallocate any Mailbox in respect of which we provide the Premium Plus Service to the Premium Service then you will immediately uninstall all such copies of Microsoft Outlook and Entourage from any devices that are used to access such Mailbox. You agree that we shall not be liable for any consequence whatsoever that arises as a result of you failing to uninstall such software immediately upon any such reallocation and that you will indemnify us for any losses that we incur as a result of your failure to comply with this clause 5.16.
5.17 You agree not to disassemble, decompile or reverse engineer or otherwise derive the source code of any element of the software comprised within the Service.
5.18 You agree to comply with all applicable legislation and codes of practice throughout the world relating to the processing of personal information, including but not limited to the Data Protection Act 1998, insofar as such legislation and codes of practice are applicable in relation to your use of the Service. You acknowledge and agree that it is your responsibility to take appropriate legal advice in relation to all applicable laws.
5.19 We take the security of personal information very seriously. We will only use the personal information provided by you and relating to your employees, agents and sub-contractors in accordance with the Data Protection Act 1998 and any consents you grant to us from time to time. You acknowledge and agree that we may use your information in accordance with this clause 5, in order that we can provide an efficient service to you and to compile statistics which do not identify you.
5.20 By entering into the Agreement you are consenting to our using and/or disposing of your personal information for the following purposes:
5.20.1 providing, or arranging for third parties to provide, any element of the Service, which may involve disclosing your and/or your employees’, agents’ or sub-contractors’ personal information to third parties; and
5.20.2 as required or permitted by law from time to time.
5.21 We may record any telephone call you make to or receive from us, and store the emails you send to or receive from us, for the above purposes and in order to monitor service standards.
5.22 We reserve the right (but shall not be obliged) to access the emails stored on the Server to monitor your compliance with the Policies and to disclose any information, data, graphics, video, sound, files and other content sent by, provided by, accessed by, or sent to you in order to comply with applicable laws and lawful requests, to operate our business properly and to protect our clients as a whole.
5.23 We reserve the right to view emails held on the Server in the course of maintaining and developing the Service.
5.24 We reserve the right in our sole discretion, but shall not be obliged, to remove any email or content from the Server which we reasonably believe contravenes the Policies. We will, unless prohibited by law or any enforcement agency, give you not less than 2 days’ written notice before removing such emails or content. We will fully co-operate with all applicable law enforcement authorities in investigating suspected offenders, and reserve the right to report to such authorities any activity of which we become aware where we reasonably suspect you have contravened the law.
5.25 It is your responsibility to implement suitable email policies with your employees, agents and subcontractors who access the Service and to obtain all necessary consents from them for your and our processing of their information pursuant to the Agreement.
6. Fees and Payment
6.1 You agree to pay the Fees in respect of each Mailbox and your use of the Service, as may be varied in accordance with clauses 6.10 and 6.11, in accordance with this clause 6.
6.2 The Service Fees are calculated by reference to the number of Mailboxes in respect of which we provide the Service from time to time. We will charge you the Service Fees specified in the Order Form or within the Control Panel, or such other fees as we notify in accordance with clause 6.10, for each Mailbox in respect of which we provide the Premium Service or the Premium Plus Service where we are providing the Service in respect of that Mailbox on the day falling on (at our option) the 26th, 27th or 28th of each month (“Service Fees Assessment Date”) during the period of this Agreement. If in any month we have provided both the Premium Service and the Premium Plus Service in respect of any Mailbox, the Service Fees for that month shall be calculated by reference to the Service we are providing as at the Service Fees Assessment Date.
6.3 The final Service Fees Assessment Date shall be the date of termination of this Agreement regardless of the date upon which that day falls.
6.4 We shall issue an invoice in respect of the Service Fees on or after each Service Fees Assessment Date and deliver it to you by making it available for you to view in the Control Panel. You shall pay each such invoice within 14 days of the date of invoice.
6.5 All Fees other than Service Fees will be invoiced in arrears or on such other terms as we specify in writing and are payable within 14 days of the date of invoice.
6.6 In the event that you do not pay any invoice by the due date for payment we shall send you written notice that payment is overdue. If payment has not been received within 7 days of the date of such notice, we reserve the right to suspend provision of the Service until payment is received in full and will notify in writing of such suspension. If we have not received payment in full within seven days of the Service being suspended then we reserve the right to close your account with us, withdraw your access to the Service, delete all emails held on the Server and terminate this Agreement.
6.7 We shall be entitled to charge interest at a rate of two percent (2%) per month above the base rate of National Westminster Bank plc on all sums outstanding from you from the date such sum falls due to the date of payment.
6.8 We accept payment by Cheque and Bank Transfer. Payment can also be made by credit card or debit card (Visa, MasterCard, Visa Debit, Maestro and Solo).
6.9 The Fees and any additional charges payable under the Agreement are exclusive of VAT which shall be paid in addition by you at the applicable rate from time to time.
6.10 We may vary the Fees at any time on not less than 90 days’ notice to take effect on expiry of our notice.
6.11 We may increase the Fees in accordance with clause 5.5.3. Any such increase will take effect immediately and will be applied to all invoices issued following the date of such increase.
6.12 We reserve the right at any time to agree or to require payment by a method other than in arrears by invoice in accordance with clause 6.2. We may in our absolute discretion withdraw our agreement to any such alternative payment method at any time upon giving you not less than one month’s written notice.
7. Passwords and Security
7.1 We will provide you with usernames and passwords to access the Service and the Control Panel. You undertake to keep all usernames and passwords confidential and not disclose them to any third party other than those of your employees, agents and subcontractors who you authorise to access the Service on your behalf. You agree to contact us immediately if you suspect that anyone else knows your usernames and/or passwords.
7.2 In the event of any suspected security breach, we reserve the right to suspend or change your usernames and/or passwords. If that happens, we will notify you of such suspension or changes as soon as reasonably practicable in writing.
7.3 We will use reasonable endeavours to keep information held on the Server secure.
7.4 You undertake to only provide us with accurate information (including but not limited to information about you, your identity and contact details, your business, and your anticipated usage of the Service) whether on the Order Form or otherwise and to inform us immediately if that information becomes misleading or inaccurate.
8. Viruses and Spam Filters
8.1 We will endeavour to ensure that any materials which we send to you will be free from viruses and corrupt files but we cannot guarantee this. If we discover any defect in any materials which we have sent to you we will inform you as soon as reasonably practicable.
8.2 Virus scanning engines are used to filter emails received into (but not sent using) Mailboxes. We cannot guarantee that the Service and emails received will be free from viruses or other harmful content. We do not accept liability for any damage caused to your computer systems, network, business or reputation as a result of an undetected virus that passes through the Service.
8.3 Unless you elect within the Control Panel to disable such service, the Service comprises a spam filtering service which aims to detect and delete up to 95 per cent of spam emails. By using the Service you acknowledge and agree that not all spam will be successfully identified and may pass to your computer systems or network.
8.4 You acknowledge and agree that by default the virus and spam filtering services described in clauses 8.2 and 8.3 above do not incorporate an area for temporary safe storage of quarantined emails. All emails considered by the virus filter to contain viruses or other harmful content or by the spam filter as being spam will be irretrievably deleted immediately upon being identified as such. Neither you nor the sender of the email will receive any message that the email has been deleted. You acknowledge and agree that by attempting to identify spam, potential viruses and other harmful content, the Service may identify and delete false positives whereby emails that you would have deemed to be legitimate may be deleted. We shall not be liable for any loss or damage caused to your business by the deletion of any email.
8.5 You have the facility to configure the spam filtering service using the Control Panel such that the automatic deletion of emails which the spam filter identifies as spam does not occur. This is achieved in one of the following ways:
8.5.1 the spam filter can be switched off by you in respect of any Mailbox, which means that all emails sent to that Mailbox will be received regardless of any potential threat; or
8.5.2 the spam filter can be switched off in the same manner but with a warning message in the subject line, which means that all emails sent to that Mailbox will be received regardless of any potential threat provided that we accept no liability in respect of any loss or damage suffered by you as a result of you configuring the spam filtering service in such manner.
8.6 You have the facility to configure the virus filtering service using the Control Panel such that the virus filter is switched off in respect of all Mailboxes, which means that no attempt will be made to filter out emails containing viruses. It is not possible to switch off the virus filtering service in respect of some Mailboxes only. We accept no liability in respect of any loss or damage suffered by you as a result of you configuring the virus filtering service in such manner.
8.7 Outbound emails sent from a Mailbox shall not be scanned by the spam or virus filtering services. You acknowledge and agree that you are solely responsible for any loss or damage caused to you or any third party as a result of or in connection with any outgoing email being sent by you.
8.8 We shall not be liable for any loss or corruption of emails sent or received using the Service.
9. Archiving and Backups
9.1 You acknowledge and agree that the Service does not include the archiving or backing up of any emails sent or received using the Service and that the Service is a service of last resort in respect of storing emails and that you should not rely exclusively on the Service. You agree that you will continue or implement separate backup procedures so that in the event that the Server or Service fails you will still be able to access all of your emails using your separate backup procedures.
9.2 We may in our sole discretion agree to assist in the restoration of deleted emails up to 30 days old to a Mailbox provided that you agree to pay our fees for providing such assistance.
10.1 Subject to clauses 10.2 and 10.3, the minimum term of the Agreement is the Minimum Period. Either party may terminate the Agreement on not less than 90 days’ prior written notice to expire at any time after the expiry of the Minimum Period.
10.2 You may terminate this Agreement on not less than 60 days’ prior written notice to expire at any time if we give you notice that we intend to:
10.2.1 increase the Fees in accordance with clause 6.10;
10.2.2 reduce the specification of the Service in accordance with clause 4.19; or
10.2.3 modify the terms of the Agreement in accordance with clause 15.1 where such modification results in terms which are less favourable to you than the terms of the Agreement which applied immediately prior to such modification provided that your notice of termination is served on us within 30 days of service of our notice on you under clauses 6.10, 4.19 or 15.1 (as the case may be).
10.3 We may suspend provision of the whole or part of the Service in respect of any or all Mailboxes or terminate the Agreement without liability to you upon serving written notice on you at any time which notice may unless otherwise stated be of immediate effect:
10.3.1 if you commit any breach of any term of the Agreement (or in the case of any breach capable of remedy you do not remedy such breach within 3 days of the date of our written notice to do so);
10.3.2 if you have a bankruptcy order made against you or make any arrangement or composition with your creditors or (being a body corporate) convene a meeting of creditors or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or a resolution is passed or a petition presented for your winding up or for the granting of an administration order or for the appointment of an administrator, or any proceedings are threatened or commenced relating to your insolvency, or you are unable to pay your debts as they fall due, or you cease to trade or do or suffer to be done anything which is indicative of your insolvency;
10.3.3 in any circumstances where we are entitled to suspend or terminate in accordance with clauses 2.4, 5.2, 5.5, 5.10, 5.14, 6.6 or 18.1;
10.3.4 if you provide, or if we discover that you have provided, us with misleading or inaccurate information in breach of clause 7.4;
10.3.5 if we are directed by any competent authority to cease the provision of the Service or any part of it; or
10.3.6 in the event of an emergency as a result of which we need to contact you in connection with our ability to continue to provide the Service to you and we are unable to contact you within thirty minutes of attempting to do so.
11. Consequences of Termination
11.1 Subject to clause 11.2, upon termination of the Agreement for any reason:
11.1.1 we will suspend your access to the Service and delete all emails stored on the Server; and
11.1.2 the Microsoft Licence will terminate and you will immediately and permanently uninstall all software used by you under the Microsoft Licence from any device owned, operated or used by you. We accept no liability for any consequence whatsoever that arises as a result of you failing to uninstall any such software immediately upon termination of the Agreement and you will indemnify us for any losses that we incur as a result of your failure to comply with this clause 11.1.2.
11.2 In the event that the Agreement is terminated in accordance with clause 10.3 we shall permit you to access the Service for a period of 72 hours following termination solely for the purpose of transferring stored emails out of the Server. We may at our discretion offer to transfer such data on your behalf subject to you and us agreeing terms and our charges for doing so.
11.3 It is your responsibility to transfer emails stored on the Server prior to the date of termination and to arrange for any incoming and outgoing emails received or sent after termination to be directed to an appropriate server. We shall not be liable for loss or damage suffered by you in connection with any failure by you to comply with this clause 11.3.
11.4 You acknowledge and agree that once deleted, emails cannot be retrieved by you or us from the Server.
11.5 You agree to continue to pay all Fees falling due up to the date of termination (including, for the avoidance of doubt, for any period during which we suspend provision of the Service in accordance with this Agreement) and to pay any sums due at termination immediately upon demand.
11.6 You acknowledge and agree that the level of Fees is determined in part by reference to our forecasts from time to time of the demand we expect to be placed on the Service’s resources. Such forecasts are calculated partly by reference to the contractual commitments entered into with our clients. If you terminate the Agreement and have paid in advance for any aspect of the Service for a period which ends after the date of termination, we shall be under no obligation to make any refund of such sums or a portion thereof provided that where you have terminated the Agreement in accordance with clause 10.2 we will refund any Fees paid by you for the Service in respect of any period falling after the date of termination. If we terminate the Agreement for any reason we shall refund any Fees paid by you for the Service in respect of any period falling after the date of termination.
11.7 Clauses 6, 12, 13, 14 and 16 shall survive termination indefinitely.
12.1 We or our technology and licensing partners own the copyright in all aspects of the Service. You agree that you will not, and procure that your employees will not, copy, redistribute, publish, modify or revise any part of the Service without our prior written consent.
13.1 You acknowledge and agree that:
13.1.1 the value of emails sent, received and/or stored using the Service and the amount of any direct, indirect or consequential loss which you may suffer or incur as a result of any loss, corruption or damage to such emails can only be known or ascertained by you and are disproportionate to the Fees which are not related to the value the information or data contained in such emails;
13.1.2 we are not able to obtain unlimited insurance cover for our potential liability under the Agreement;
13.1.3 in the interests of keeping the Fees to a reasonable level we maintain limited insurance cover in respect of risks normally associated with services in the nature of the Service; and
13.1.4 it is reasonable for us to limit our liability under the Agreement.
13.2 We may agree to accept greater levels of liability only if we expressly do so in writing and only if such increased liability is covered by an additional insurance policy taken out by us at your expense.
13.3 You acknowledge and agree that:
13.3.1 it is your responsibility to ensure that the facilities and functions of the Service meet your requirements. We shall not be liable for any failure of the Service to provide any facility or function not specified by us; and
13.3.2 email communication and software in general is not error free and you agree that the existence of such errors shall not constitute a breach of the Agreement.
13.4 No warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, performance, merchantability or fitness for purpose of the Service is given or assumed by us and all such warranties, conditions, undertakings and terms are hereby excluded to the fullest extent permitted by law.
13.5 Nothing in the Agreement shall exclude or restrict our liability for fraudulent misrepresentation or for personal injury or death resulting from our negligence or the negligence of our employees while acting within the course of their employment.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 13.6
13.6 Notwithstanding anything else in the Agreement, our liability in contract, tort (including negligence), misrepresentation (other than fraudulent misrepresentation) or otherwise arising out of or in connection with the provision of the Service or otherwise in relation to the Agreement, or other performance or non-performance of our obligations under the Agreement shall, unless the subject of clause 13.5:
13.6.1 not exceed a sum equal to the higher of £5,000 or 150% of the aggregate of the Fees paid by you to us under the Agreement in the 12 months preceding the claim; and
13.6.2 in any event not extend to loss or corruption of data, loss of profits, loss of revenue, business, goodwill, contracts, anticipated savings or for any type of special, indirect or consequential loss or damage whatsoever sustained by you or any other person even if we have been advised of the possibility of such loss.
13.7 You acknowledge and agree that we have no control over, and we exclude all liability for loss or damage to, or caused by, material stored on the Server.
13.8 Clause 4.11 states your full and exclusive rights and remedy, and our only obligations and liability in respect of, the performance, lack of performance, availability and lack of availability of the Service.
14. Warranty and Indemnity
14.1 You warrant that your and your employees’, agents’ and sub-contractors’ use of the Service will be for lawful purposes and within the scope of the Agreement.
14.2 You warrant that your and your employees’, agents’ and sub-contractors’ use of the Service will not violate any law, regulation or treaties and that such use will not be infringe the rights of any third party (including but not limited to intellectual property rights) or breach any obligation owed by you to a third party.
14.3 You shall indemnify and hold us harmless against all claims, liabilities, losses, damages, costs and expenses incurred or suffered by us (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) arising out of or in connection with any breach of clauses 14.1 and
14.2 or any breach of any of your obligations under the Agreement.
15. Variation of Agreement
15.1 We may modify any provision of the Agreement on not less than 90 days’ written notice.
16.1 You acknowledge and agree that the Server and any materials provided by us in connection with our provision of the Service contain confidential information belonging to us and you undertake to keep and maintain as confidential and not disclose any and all of our information contained in the Server or otherwise received from us in connection with the Service or the performance of our obligations under the Agreement (collectively referred to as “Information”) and you shall not use the same for purposes other than in relation to your legitimate use of the Service in accordance with the Agreement.
16.2 You shall not without our prior written consent divulge any part of the Information to any person except:
16.2.1 your own employees who need to know the same for use of the Service; or
16.2.2 your auditors, professional advisors or other persons or bodies having a right, duty or obligation to know your business and then only in pursuance of such right, duty or obligation.
16.3 You undertake to ensure that prior to the disclosure of any Information to any of the persons or bodies mentioned in clause 16.2 such persons or bodies are made aware that the Information is confidential and that they owe a duty of confidence to us. You shall indemnify us against any loss or damage which we may sustain or incur as a result of your failure to comply with such undertaking.
16.4 You shall promptly notify us if you become aware of any breach of confidence by any person or body to whom you divulge all or any part of the Information and shall give us all reasonable assistance in connection with any proceedings which we may institute against such person or body for breach of confidence.
16.5 Subject to the terms of the Agreement we shall treat as confidential all information supplied by you under the Agreement which is designated as confidential by you or which is by its nature clearly confidential provided that this obligation shall not extend to any information which was rightfully in our possession prior to the commencement of the negotiations leading to the Agreement or which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this clause 16.5). Subject to the terms of the Agreement, we shall not divulge any of your confidential information to any person except to our own employees who need to know the same and our shareholders, auditors and professional advisors and other persons or bodies having a right, duty or obligation to know the same. We shall ensure that all such persons and bodies are aware of the provisions of this clause 16.5.
16.6 The foregoing obligations as to confidentiality shall remain in full force and effect notwithstanding any termination of the Agreement.
17. Emergencies, Queries and Complaints
17.1 You acknowledge and agree that we may need to take decisions quickly in relation to your use of the Service in order to protect our clients and our business provided that we shall use reasonable endeavours to contact the Support Contacts at the first attempt in the event of any emergency.
17.2 If you have any queries our complaints about us or the Service please contact us by calling 0333 305 2332, emailing support @ linten.net or writing to Linten Technologies Ltd, Binks Building, 30-32 Thomas St, Manchester, M4 1ER.
18. Force Majeure
18.1 We shall not be liable to you for any failure to provide the Service or any aspect of it or for any breach by us of the Agreement, where such failure or breach is due to a reason outside our reasonable control, including, but not limited to, failure of a third party telecommunications provider or your information or communications technology systems, failure or deficiency in our information or communications technology systems whether or not caused by a third party (save to the extent that such failure or deficiency would have been avoided by us taking reasonable steps to prevent the failure or deficiency), lightning, exceptionally severe weather, fire, flood, explosion, war, riots, industrial disputes, acts of terrorism, government action or regulation or national or local emergency. If such failure to deliver continues for more than 90 days after the commencement of such failure, then either party may terminate the Agreement on notice in writing to the other party.
19.1 In the event of conflict or inconsistency between the provisions of the main body of this Agreement, the schedules, the Policies, and the Order Form, the following order of precedence shall apply to the extent of such conflict or inconsistency: (1) the Order Form (2) the Policies (3) the Terms and Conditions (4) Schedule 1 (5).
19.2 You shall not be entitled to assign, transfer, sub-license, charge or otherwise deal with the Agreement in whole or in part or with any of the rights or obligations contained herein without our prior written consent. We shall be free to assign the Agreement and to sub-contract our obligations in the Agreement without notice.
19.3 For the avoidance of doubt:
19.3.1 the provisions of any other agreement between you and us (including but not limited to any agreement relating to the provision of antispam, anti-virus or email archiving services) (“Other Agreement”) are separate to and are not superseded by the terms of the Agreement;
19.3.2 except where expressly stated otherwise, nothing stated in the Agreement affects any of the rights or obligations of you or us under any Other Agreement and vice versa;
19.3.3 except where expressly stated otherwise the terms of the Agreement apply in respect of the subject matter of the Agreement only and the terms of any Other Agreement apply in respect of the subject of matter of the Other Agreement only; and
19.3.4 the termination of the Agreement shall not unless otherwise stated affect the continuance of any Other Agreement and vice versa.
19.4 The Agreement and the Service are personal to you and you may not permit any third party other than employees, agents and sub-contractors authorised by you to use the Service or any other rights granted by the Agreement without our prior written consent.
19.5 You warrant that you have not relied on any representation made by us or upon any descriptions, illustrations or specifications contained in any catalogues and publicity material produced by us which are only intended to convey a general idea of the software, products and services mentioned in such material.
19.6 All intellectual property rights in and title to the Service (save to the extent incorporating any item owned by you or a third party) shall remain with us and/or our licensors and no interest or ownership therein is conveyed to you under this Agreement. No right to modify, adapt or translate the Service or create derivative works therefrom is granted to you. Nothing in this Agreement shall be construed to mean, by inference or otherwise, that you have any right to use any of our trade or service marks or to obtain source codes for the software comprised within the Service.
19.7 Any delay by us in enforcing the provisions of the Agreement shall not prejudice or restrict our rights and any waiver of rights by us shall not operate as a waiver of any subsequent breach and any right, power or remedy conferred upon or reserved for us in the Agreement shall be exclusive of any other right, power or remedy available to us and each such right, power or remedy shall be cumulative.
19.8 Subject to Clause 19.3, the Agreement supersedes all prior agreements, arrangements and undertakings between you and us relating to its subject matter and constitutes the entire agreement between you and us relating to its subject matter. Subject to clause 15.1 and the remaining terms of this Agreement, no addition to or modification of any provision of the Agreement shall be binding upon the parties unless made in writing and signed by a duly authorised representative of each of you and us.
19.9 In the event that any provision of the Agreement or part thereof is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable the parties shall amend that provision or part thereof in such reasonable manner as achieves the commercial intention of the parties without illegality or at our discretion may be severed from the Agreement and the remaining provisions of the Agreement and the remaining parts thereof shall remain in full force and effect.
19.10 Nothing in the Agreement confers on any party other than you and us any benefit or any right to enforce any of the terms of the Agreement.
19.11 All notices which are required to be given under the Agreement shall be in writing and sent to the address for the recipient contained in the Agreement or such other address as the recipient may designate by notice given in accordance with this clause 19.11. Any such notice may be delivered personally or by First Class Recorded Delivery and shall be deemed to have been served if by hand when delivered and, if by First Class Recorded Delivery, 48 hours after posting. Notices may not be served by email.
19.12 Nothing in this Agreement is intended to or shall operate to create a partnership between you and us, or authorise either of your or us to act as agent for the other, and neither of you or us shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
19.13 This Agreement does not confer any rights on any person or party (other than the parties to this Agreement) and (where applicable) their successors and permitted assigns pursuant to the Contracts (Rights of Third Parties) Act 1999.
19.14 The Agreement shall be governed by and construed in accordance with the laws of England and the parties submit to the jurisdiction of the Courts of England.
1. The following terms and conditions apply to the domain registration Service:
1.1 You acknowledge and recognise that the domain name system and the practice of registering and administering domain names is continuously evolving and that We may modify this Agreement as necessary from time to time to comply with any agreements by which We are or will be bound, and to adjust to changing business circumstances. We will notify of these changes by e-mail to refer You to the amended provisions.
1.2 Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments, including acceptance of the term and conditions required of Us by our domain name services providers, to which you are bound. By registering domain names, you are entering a contract with Tucows Co. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.
2. Domain Name Registration
2.1 We has been granted the right to provide Internet domain registration Services for second-level domain names within the .com, .org, .net, .co.uk, .mobi, .eu, .org.uk, .ltd.uk and .plc.uk top-level domains.
2.2 ICANN oversees the .com, .org, .mobi and .net top-level domains. Nominet oversees the .uk, .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID oversees the .eu top-level domain. You can find information about ICANN’s Registrants Rights and Responsibilities document here: http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
2.3 Upon receipt of domain name registration information from You, We shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration. Tucows, Inc. currently acts as the registry administrator for the .com, .mobi, .org, and .net top-level domains. Nominet UK acts as the registry administrator for the .uk, .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID acts as the registry administrator for the .eu top-level domain.
3. Selection of a domain name.
3.1 You represent that, to the best of Your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
3.2 If You are registering a domain name during the finite period of time when owners of trademarks and service marks have priority to do so (“Sunrise Period”), You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted on the conditions applicable to those new domain names and their Sunrise provisions which may include a minimum registration term.
3.3 By registering or renewing a .uk top-level domain and agreeing to these terms & conditions, You agree that You have read and agree to the Nominet terms & conditions, If You are registering the domain for a third party, You warrant that the third party for whom you register the domain name have read and agree to the Nominet Terms &Conditions.
4. Name restrictions.
4.1 Registrations in the .name top-level domain must constitute an individual’s “Personal Name”. For purposes of the .name restrictions (the “Restrictions”), a “Personal Name” is a person’s legal name, or a name by which the person is commonly known. A “name by which a person is commonly known” includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
5.1 In consideration for Us providing domain name registration Services to You, You agree to pay Us, prior to the approval of the desired domain name registration, the amounts set forth in Our Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.
5.2 Your application will not be registered until We receive actual payment of the registration fee. If We do register a domain name prior to payment of the registration fee, We reserve the right to cancel that registration or restrict use of the domain name until payment has been received.
5.3 All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.
5.4 In the event of a charge back by a credit card company or other payment provider authorised by Us, the domain name registration shall be transferred to Us as the paying entity for the registration. We may reinstate Your domain name registration at Our sole discretion upon receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently £100.
5.5 Payment must be made by credit card or other methods we indicate in registration application or renewal form. We will renew Your domain name for You provided Your credit card or other billing information is available and up to date. If Your billing information is not accurate and You wish to renew Your domain name registration, we will contact You to update this information and charge accordingly.
6. Free domain name registration
6.1 Please note that if You opt to take advantage of Our free domain name registration You will automatically be charged for the renewal of the domain 30 days prior to its expiry.
7.1 This Agreement shall remain in full force during the length of the term of Your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should You choose to renew or otherwise lengthen the term of Your domain name registration, then these terms and conditions will apply.
7.2 To ensure Your domains are not lost we operate a positive renewal system on all Our domains – Your domain will automatically renew for the term it was registered for unless You opt-out of this Service by written confirmation to firstname.lastname@example.org. This is not refundable and it is Your responsibility to ensure valid contact and payment details are on Your account at all times – failure can lead to suspension.
7.3 Our domain renewal process is automated, however, it is Your responsibility to check that Your renewal has been successful within one month of the renewal date. You will automatically be charged for the renewal of the domain 30 days prior to its expiry.
7.4 For .uk domains You can do this using Nominet’s WhoIs search, and for all other domains we recommend using the http://www.whois.org/ website domain lookup facility.
7.5 Ownership of data
7.5.1 You agree and acknowledge that We own the following:
(a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database;
(b) all information and derivative works generated from the domain name database; and
(c) information for the registrations for which We acts as the registrar including:
(d) the original creation date of the registration;
(e) the expiration date of the registration;
(f) the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;
(g) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
(h) other information generated or obtained in connection with the provision of domain name registration and management Services, other than the domain name being registered, and the IP names and addresses of the primary nameservers and any secondary nameservers.
7.5.2 We do not have any ownership interest in Your specific personal registration information outside of Your right in domain name database.
7.6 Transfer of ownership
7.6.1 The person named as administrative contact at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of Your domain name to another person (the Transferee”) You shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by Us in OUr sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by Us in Our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
8. Domain name dispute policy
8.1 You agree to be bound by the Domain Name Dispute Policy (the “Dispute Policy”), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found at the end of this document. Domain Name Dispute Policy
8.2 The Dispute Policy governs any dispute between you and any party other than us over the registration and use of the domain name. The specific disputes which are subject to the Dispute Policy are contained in the Dispute Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the domain name registration is disputed by a third party.
9. Domain name registration information and its use
9.1 Information You are required to Submit
9.1.1 As part of the registration process, You are required to submit to Us and keep updated the following information in connection with Your application for domain name registration:
(a) the domain name to be registered;
(b) the domain name holder’s name and mailing address;
(c) the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name; and
(d) the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.
9.1.2 You shall provide and maintain updated information at all times with Us. We at Our discretion may refuse to renew any registrations unless You maintain current and updated information at all times.
9.1.3 We may from time to time request additional information from You. While not obligated to provide the additional information, You should provide the additional requested information to ensure that You will obtain all the products and Services which We makes available to domain name registrants.
9.2 Additional Information Maintained about Your Registration
9.2.1 In Addition to the information You provide, we maintain additional information relating to Your domain name registration, including:
(a) the original creation date of the registration;
(b) the date and time the registration application was submitted to We and the appropriate registry;
(c) communications constituting registration orders, modifications, or terminations and related correspondence;
(d) records of account for Your domain name registration, including dates and amounts of all payments and refunds;
(e) the IP names and address of the primary name servers and any secondary name servers;
(f) the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;
(g) the name, mailing address, email address, telephone number, and fax number of the domain registrant for the domain name;
(h) the expiration date of the registration; and (i) other information regarding all other activity regarding Your domain name registration and related Services.
9.3 Obligations Relating to Data Provided by You
9.3.1 If in registering a domain name You provide information about a third party, You hereby represent that You have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party’s information as set forth in this Agreement.
9.4 Disclosure and Use of Registration Information
9.4.1 You agree to authorize Us to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree We may make publicly available, some or all of the domain registration information provided by You, for purposes of inspection such as through WHOIS Service or for any purpose as required or permitted by ICANN and applicable laws.
9.4.2 In addition, You acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that We may or must make available to the public or to private entities, and the manner in which such information is made available.
9.4.3 You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action You may have arising from such disclosure or use of the domain name registration information.
9.4.4 You may access Your domain name registration information in Our possession to review, modify or update such information.
9.4.5 We will not process any data about any person that we obtain from You in a way incompatible with the purpose and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from You from loss, misuse, unauthorised access or disclosure, alteration or destruction of that information.
9.5 Registrant Data
9.5.1 You must not knowingly provide poor quality Registrant data.
9.5.2 You agree that if You register a domain on behalf of a third party, We can pass on the contact details of that third party to the Registry Administrator if required to do so by the Registry.
9.7 Limitation of liability
9.7.1 You agree that We shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if We have been advised of the possibility of such damages, and in particular We will not be liable for the following:
(a) suspension or loss of Your domain registration;
(b) use of Your domain name registration;
(c) interruption of Your business;
(d) access delays or interruptions to any web sites accessed by Your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;
(f) events beyond the reasonable control of Us;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policy.
9.7.2 We shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to Your application, receipt of, or failure to receive a domain name registration.
9.7.3 Our maximum aggregate liability shall not exceed the greater of:
(a) the total amount paid by You for registration of the domain name; or
(b) £50.00 (UK Pounds).
9.8 Indemnification of Us
9.8.1 You agree to defend, indemnify and hold harmless Us and the registry administrator, including Our employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs (including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.
9.8.2 You also agree that in the event a domain name dispute arises with any third party, You shall indemnify and hold Us harmless pursuant to the terms and conditions contained in the Dispute Policy.
9.9 Representations and warranties
9.9.1 You represent and warrant that:
(a) all information provided in connection with Your domain name registration is accurate; and
(b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.
9.9.2 You acknowledge and agree that all domain name registration Services provided to You by Us are provided on an “as is” basis. We makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations Services, including but not limited to warranties of merchantability or fitness for a particular purpose. We make no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunise You from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to You.
9.10 Breach and revocation
9.10.1 We reserves the right to suspend, cancel, transfer or modify Your domain name registration in the event that:
(a) You materially breach this Agreement;
(b) You use Your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
(c) You use Your domain name in connection with unlawful activity;
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement; or
(e) You use Your domain name in connection with material that is slanderous to UKreg, We or other associated companies.
9.10.2 You further acknowledge and agree that Your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Us) or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by Us, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.
9.10.3 You also agree that We shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as We receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
9.10.4 You acknowledge and agree that:
(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to Our inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request;
shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Your domain name registration.
10. No Guarantee
10.1 You acknowledge that registration or reservation of Your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name.
11. Specific TLD Registration Agreements
Terms and conditions for .UK domain names
Terms and conditions for .BIZ, .TV, .NAME, .COM,.NET, .MOBI, .ORG and .EU domain names
Please note: by signing up for any of our services you agree to be bound by all We terms and conditions.
1.1 This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into Your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between You and any party other than Us (the registrar) over the registration and use of an Internet domain name registered by You. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider’s supplemental rules.
2 Your Representations.
2.1 By applying to register a domain name, or by asking Us to maintain or renew a domain name registration, You hereby represent and warrant to Us that (a) the statements that You made in Your Registration Agreement are complete and accurate; (b) to Your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) You are not registering the domain name for an unlawful purpose; and (d) You will not knowingly use the domain name in violation of any applicable laws or regulations. It is Your responsibility to determine whether Your domain name registration infringes or violates someone else’s rights.
3 Cancellations, Transfers, and Changes.
3.1 We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
3.1.1 subject to the provisions of Paragraph 8, receipt of written or appropriate electronic instructions from You or Your authorised agent to take such action;
3.1.2 receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
3.1.3 receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which You were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of Your Registration Agreement or other legal requirements.
4 Mandatory Administrative Proceeding.
4.1 This Paragraph sets forth the type of disputes for which You are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a “Provider”).
4.1.1 Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that (i) Your domain name is identical or confusingly similar to a trademark or Service mark in which the complainant has rights; and (ii) You have no rights or legitimate interests in respect of the domain name; and (iii) Your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present.
4.1.2 Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: (i) circumstances indicating that You have registered or You have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of Your documented out-of-pocket costs directly related to the domain name; or (ii) You have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that You have engaged in a pattern of such conduct; or (iii) You have registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, You have intentionally attempted to attract, for commercial gain, Internet users to Your web site or other online location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Your web site or location or of a product or service on Your web site or location.
4.1.3 How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When You receive a complaint, You should refer to Paragraph 5 of the Rules of Procedure in determining how Your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate Your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii): (i) before any notice to You of the dispute, Your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or (ii) You (as an individual, business, or other organization) have been commonly known by the domain name, even if You have acquired no trademark or service mark rights; or (iii) You are making a legitimate non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
4.1.4 Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
4.1.5 Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).
4.1.6 Consolidation. In the event of multiple disputes between You and a complainant, either You or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
4.1.7 Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where You elect to expand the Administrative Panel from one to three panellists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by You and the complainant.
4.1.8 Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
4.1.9 Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of Your domain name or the transfer of Your domain name registration to the complainant.
4.1.10 Notification and Publication. The Provider shall notify Us of any decision made by an Administrative Panel with respect to a domain name You have registered with Us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
4.1.11 Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either You or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that Your domain name registration should be cancelled or transferred, we will wait ten (10) business days (as observed in the location of Our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from You during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that You have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of Our principal office or of Your address as shown in the Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive (i) evidence satisfactory to Us of a resolution between the parties; (ii) evidence satisfactory to Us that Your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing Your lawsuit or ordering that You do not have the right to continue to use Your domain name.
5. All Other Disputes and Litigation.
5.1 All other disputes between You and any party other than Us regarding Your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between You and such other party through any court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes.
6.1 We will not participate in any way in any dispute between You and any party other than regarding the registration and use of Your domain name. You shall not name Us as a party or otherwise include Us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo.
7.1 We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
8.1 Transfers of a Domain Name to a New Holder. You may not transfer Your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of Our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding Your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
8.2 Changing Registrars. You may not transfer Your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of Our principal place of business) after such proceeding is concluded. You may transfer administration of Your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name You have registered with Us shall continue to be subject to the proceedings commenced against You in accordance with the terms of this Policy. In the event that You transfer a domain name registration to Us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy Modifications.
9.1 We reserve the right to modify this Policy at any time with the permission of ICANN. We will post Our revised Policy here at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to You until the dispute is over, all such changes will be binding upon You with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of Our change. In the event that You object to a change in this Policy, Your sole remedy is to cancel Your domain name registration with Us, provided that You will not be entitled to a refund of any fees You paid to Us. The revised Policy will apply to You until You cancel Your domain name registration.
10. Dispute Policy for domains ending in .uk and .eu
11. Contacting Us
11.1 If You need to contact Us regarding a domain name dispute please contact us on 0161 660 2116
Please note: by signing up for any of our services you agree to be bound by all Our terms and conditions.
Our Service Level Agreement for Hosted Servers
We aim to deliver the highest possible levels of up-time, and agree that the Hardware on which your Virtual machine is based, and service critical infrastructure, including Power and Network Connectivity will be available for 99.99% of the time (excluding scheduled maintenance, advance notice of which will be given wherever possible).
In the event of an outage to one of these service components which results in server downtime customers may be entitled to claim a service credit of one day’s service fee for every hour that the server is unavailable, depending upon the outage circumstances. The period of the outage will be measured from the time you report the problem to our confirmation of restoration of service.
SLA claims may be made up to a maximum of one month’s service fee in any calendar month.
Outages caused by third party software installations or other modifications to the default server operating system as deployed do not fall within the terms of this Service Level Agreement.
Please note: by signing up for any of our services you agree to be bound by all Our terms and conditions.
The use of “We”, “Us” and “Our” in the this document means Linten Ltd. The use of “You” and “Your” means a visitor to Linten Website.
We use reasonable care to make sure that the information contained within this site is accurate and up-to-date.
However, errors and omissions may occur. The information is supplied on an ‘as is’ basis. Therefore we cannot guarantee the accuracy and any visitor using information from this site does so entirely at their own risk.
We shall not be liable for any loss of profits, contracts, direct, indirect or consequential loss, business interruption or loss of data or programs arising out of or in connection with the use of the information contained within this site or from any connective links to or from this site.
We reserves the right to make improvements and/or changes to the content of this information at any time without notice. All services and product specifications within this website are subject to change without notice.
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.