aaEasy Pea Web Design

To complete the order process you must read, and agree to be bound by, all of these Terms & Conditions. You are also advised to print a copy of these terms and conditions for yourself.

1. Dispute Policy & registration agreement

You agree that in the event of a domain name being challenged by a third party, you agree to defend, indemnify and hold harmless EasyPea Web Design and any applicable domain name registry, and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action or demand related to your domain name or the use thereof.

In the following registry terms and conditions, you should pay particular attention to the terms dealing with the use and disclosure of personal data, and the Registrar's right to refuse registration if it does not receive the appropriate registration fee and (for Nominet UK) a completed reply form.

You agree to giving EasyPea Web Design the necessary authority to enter yourself into a contract with the appropriate domain name registry on their applicable terms and conditions listed below.

• ICANN Uniform Dispute Resolution Policy at http://www.icann.org/dndr/udrp/policy.htm
• Nominet UK Terms and Conditions (.uk names) at http://www.nic.uk/nominet-terms.html

2. Fees

As consideration for the services you have selected, you agree to pay to us the applicable fees for the service(s) you have chosen. EasyPea Web Design will attempt to notify you via email when renewal fees are due and it shall be your responsibility to ensure that such fees are paid before the due date. Should any registration or renewal fees go unpaid by their due date, your domain registration and/or service will be suspended, pending termination. You agree that EasyPea Web Design shall have no liability whatsoever with respect to any such suspension or termination and that the domain name may be cancelled or reassigned in the event of delinquency.

3. Cancellations, Transfers, and Changes

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

• our receipt of written or appropriate electronic instructions from you or your authorised agent to take such action
• our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action
• our 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. 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
• If any terms or conditions are not followed.

If your domain name is moved away from our services, any other associated services such as web hosting will be cancelled.

4. Information

As part of the registration process, you are required to provide EasyPea Web Design with certain information and to update EasyPea Web Design promptly if the information changes in order for us to keep it current, complete and accurate. You are obliged to provide us with the following information:

• the domain name being registered
• the full name, postal address, e-mail address, and voice telephone number of the registrant (owner) contact for the domain
• the full name, postal address, e-mail address, and voice telephone number of the administrative/billing contact for the domain
• any remark concerning the registered domain name that should appear in the Whois data

You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of these Terms & Conditions and will be a basis for cancellation of your domain name and/or web hosting services.

You agree and acknowledge that we will make domain name registration information you provide available to ICANN (The Internet Corporation for Assigned Names and Numbers), to registry administrators, and to other third parties as ICANN and applicable laws permit. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that EasyPea Web Design may or must make available to the public or to private entities.

There may be circumstances in which we may be required by law to disclose personal information including (but not limited to) account history, use, and Internet Protocol (IP) addresses. Such requests may come from the police, Customs & Excise, or other regulatory bodies. If we are required to disclose any information by law, this will be strictly controlled and the disclosure will be made in accordance with current UK legislation. EasyPea Web Design will not otherwise disclose your information to any third party unless it is required to maintain your domain name.

5. Right of refusal

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other services, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other services.

6. Use Policies

Your domain name may be suspended or cancelled in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.

7. Agents and Licenses

You agree that you are nonetheless bound as a principal by all terms and conditions provided herein.

You agree that if you license or allow the use of your domain name and/or hosting account to a third party, you remain the domain name holder and remain responsible for all obligations under these Terms & Conditions.

8. Limitation of Liability

You agree that we will not be liable to you or any other person for any loss that may occur due to:-

• any loss of registration of a domain name
• the use of your domain name
• access delays or access interruptions to the registration systems.
• the non-delivery or misdelivery of data between you and EasyPea Web Design, or between EasyPea Web Design and any applicable domain name registry
• events beyond the control of EasyPea Web Design or applicable domain name registry
• the processing of this application
• the processing of any modification to the record associated with your domain name
• your failure to pay any fees hereunder

Further, EasyPea Web Design will not be liable for any indirect, special, incidental or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence) or otherwise. In no event shall EasyPea Web Design's maximum liability exceed the total amount paid by you to EasyPea Web Design for registration of your domain name during the prior 3 years.

You are responsible for the security and transmission of your own data and to notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information. You agree that EasyPea Web Design will not be liable to you or any other person for financial losses due to a breakdown in security.

9. Representations and Warranties

You represent and warrant that all information provided by you in connection with your registration is complete and accurate. EasyPea Web Design makes no representation or warranties of any kind in connection with these Terms & Conditions. EasyPea Web Design does not represent or warrant that registration of your domain name will immunise you from challenges to your domain name.

10. Acceptable Use Policy

All services may be used for lawful purposes only. EasyPea Web Design reserves the right to refuse to host or continue to host any material which EasyPea Web Design believes, in it's sole discretion is:

• illegal, defamatory, threatening, obscene, vulgar, offensive, dangerous, menacing or are otherwise inappropriate;
• encouraging illegal activities;
• copied and/or being reproduced without permission;
• the subject of multiple complaints;
• the subject of a government complaint or investigation;
• promoting, encouraging, endorsing or making possible any form of gambling;
• offering Escrow services;
• material protected by trade secret and other statute;
• harmful or destructive to computers (e.g. sites designed to spread viruses); or
• violates or threatens to violate the letter or spirit of this Agreement.

Pornography and sex-related merchandising are prohibited on all our servers. This includes sites that may infer sexual content, or that link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. We will be the sole arbiter as to what constitutes a violation of this provision.

It is forbidden to use our services as a "remote/off site backup" or a "filestore" solution. Our hosting accounts are designed for hosting web sites only. Accounts found hosting this material will be subject to cancellation without refund. It is forbidden to manipulate your account in order to host more sites than allowed by your hosting package.

We reserve the right to limit resources or disable any script or site that affects normal server operation without prior warning. CGI based message forums which use flat file databases are often found to use excessive server resources. Their use is not recommended and may be removed without notice. We do not allow the following scripts to be used with our hosting accounts:

• Proxy scripts.
• IRC scripts or chat room scripts of any form.
• Anonymizer.
• Bit Torrent trackers/servers.
• phpShell or any similar command line execution scripts.
• Any version of Matt's FormMail script (there are secure alternatives to this).

Our servers may not be the source, intermediary or destination address involved in the transmission of spam, flames, spoof email (email with forged headers), deliberate transmission of viruses or mail bombs. Your domain may not be referenced as originator, intermediary or reply-to address in any of the above. We consider spam to be any unsolicited commercial message or mass unsolicited messages in the mediums of newsgroups and email. If you are found to have sent (or forwarded) spam then we may immediately, without warning, disable your account. The false reporting of spam originating from our servers or ourselves to an external network provider will result in immediate account termination without warning. We reserve the right to determine what violates this policy.

Any attempts to undermine or cause harm to any server is strictly prohibited. This includes attempting to access or monitor other accounts, scan, probe, overload, data-mine or test the vulnerability of a system or network.

We reserve the right to refuse to provide services, or to discontinue the provision of services, if you behave in an offensive manner (including without limit racial discrimination, sexual discrimination, threatening behaviour and verbal or physical abuse) to any staff member of EasyPea Web Design (including directors, officers, employees, shareholders, subcontractors and agents) or to any other customer or reseller of our services. We will not be required to make any refund in accordance with Section 2 of these terms and conditions.

When your account is closed, all files (including web pages and email etc.) will be deleted after 2 days.

Any violation may result in immediate deactivation of services without refund.

11. Network

We reserve the right to copy any of your data for backup purposes, moving servers or testing in the event of a problem. Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of your data stored on our server.

The volume of included data transfer (bandwidth) is limited. If you reach the maximum bandwidth level allowed by the chosen package, your account will be suspended for the remainder of the month or until you upgrade.

EasyPea Web Design shall retain ownership and control of Internet Protocol addresses which may be assigned for your use. You will have no right to use that Internet Protocol address except as permitted by EasyPea Web Design. EasyPea Web Design reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

A temporary address other than your domain name may be allocated to your site for testing purposes only. This address should not be used to forward, redirect or otherwise point a domain name to your site.

12. Indemnification

The customer agrees to defend, indemnify, save and hold EasyPea Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, asserted against EasyPea Web Design, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless EasyPea Web Design against liabilities arising out of the following:-

• any injury to person or property caused by any products sold or otherwise distributed in connection with EasyPea Web Design's server.
• any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
• Copyright Violation.

13. Refusal of Service

We reserve the right to refuse or cancel service at our sole discretion at any time without notice. EasyPea Web Design will not be responsible for any damages your business may suffer. EasyPea Web Design makes no warranties of any kind, expressed or implied, for services we provide. EasyPea Web Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays and any or all service interruptions caused by EasyPea Web Design and its employees. EasyPea Web Design reserves the right to change or update its policies without notice.

If any terms or conditions are not followed, this will result in grounds for immediate account deactivation without refund.

14. Governing Law

The contract shall be governed by English law, and you and EasyPea Web Design submit to the exclusive jurisdiction of the English Courts.

15. Breach and Revocation

You also agree that at such time as EasyPea Web Design receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration, EasyPea Web Design shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration.

16. Agreement

These Terms & Conditions, together with all amendments or modifications to it, constitutes the complete and exclusive agreement between you and EasyPea Web Design, and supersedes and governs all prior proposals, terms & conditions or other communications.

Nothing contained in this Policy shall be construed as creating any agency, partnership or other form of joint enterprise between the parties. The failure of EasyPea Web Design to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by EasyPea Web Design of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms & Conditions is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of these Terms & Conditions.

17. Amendment

EasyPea Web Design reserves the right to amend, alter, or modify this agreement and our other policies and agreements at any time and in any manner. You agree that your continued use of the Service after the effective date of any such revision, amendment or modification will constitute your acceptance thereof and you shall thereafter be bound by the terms of this agreement, as revised, modified or amended. It is your responsibility to periodically check EasyPea Web Design's website for updates to this agreement.