This Service Agreement (Agreement) sets forth the terms and conditions of our agreement relating to your use of the domain name registration services provided by Web Hosting Plus to register an Internet domain name, as well as the registration of the domain name.
To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement, any rules or policies that are or may be published by Web Hosting Plus from time to time, and the rules and regulations set forth by the registry administrators for the respective registries. This Agreement will become effective upon acceptance by Web Hosting Plus.
Web Hosting Plus may at its sole discretion, elect to accept or reject any application for registration of domain name for any reason, including but not limited to, rejection due to a request for registration of a prohibited domain name.
1) Who We Are and What We Do
Web Hosting Plus has been granted the right to provide Internet domain registration services for domain names ending with .co.uk, .org.uk, .me.uk, .ltd.uk, .plc.uk.com, .com, .org, .net, .name, .info, .biz, .tv, .uk.com, .uk.net, gb.com, gb.net, .eu.com and .us.com.
ICANN oversees the .com, .net and .org domains. Nominet UK oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk domains. CentralNic oversees the .uk.com, .uk.net, gb.com, gb.net, .eu.com and .us.com domains. .TV oversees the .tv domains.
Upon Web Hosting Plus' receipt of domain name registration information from you, Web Hosting Plus shall submit the information to the registry administrator for the appropriate domain for approval and processing. The registry administrator then puts into effect the domain name registration. Tucows.com, Inc. acts as a registrar for the .com, .net and .org domains. Nominet UK acts as the registry administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk domains. CentralNic acts as the registrar for the .uk.com, .uk.net, gb.com, gb.net, .eu.com and .us.com domains. .TV acts as the registrar for .tv domains.
As consideration for Web Hosting Plus providing domain name registration services to you, you agree to pay Web Hosting Plus, prior to the approval of the desired domain name registration, the amounts set forth in the Web Hosting Plus Prices, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.
Your application will not be registered until Web Hosting Plus receives actual payment of the registration fee. If Web Hosting Plus does register a domain name prior to payment of the registration fee, Web Hosting Plus reserves the right to cancel that registration or restrict use of the domain name until payment has been received.
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.
In the event of a charge-back by a credit card company or other payment provider used by Web Hosting Plus, the domain name registration shall be transferred to Web Hosting Plus as the paying entity for the registration. Web Hosting Plus may reinstate your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently UK £30.00.
Payment must be made by credit card or other methods we indicate in registration application or renewal form. We will renew your 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.
3) Dispute Policies
You agree to be bound to the Nominet UK Terms & Conditions (for .uk domains); to be bound to the Tucows.com Inc. "Exhibit A" of The OpenSRS RSP Agreement (for .com, .net, and .org domains); to be bound to the CentralNic Terms and Conditions of Registration (for .uk.com, .uk.net, .gb.com, .gb.net, .eu.com, .us.com domains); to be bound to the .tv Registration Agreement (for .tv domains) and if ever a dispute should arise you agree for the disputing parties to follow the code and practices of Nominet UK Dispute Resolution (for .uk domains), the ICANN Uniform Domain-Name Dispute-Resolution Policy (for .com, .net and .org domains), the CentalNic Terms and Conditions of Registration (for .uk.com, .uk.net, .gb.com, .gb.net, .eu.com, .us.com domains) or the .tv Registration Agreement (for .tv domains).
You also agree that in the event a domain name dispute arises with any third party, you shall indemnify and hold Web Hosting Plus harmless pursuant to the terms and conditions contained in the Dispute Policies.
4) Changes to Registration Agreement
You acknowledge and recognize that the domain name system and the practice of registering and administering domain names are continuously evolving, and acknowledge and agree that Web Hosting Plus may modify this Agreement as necessary from time to time to comply with any agreements by which Web Hosting Plus is or will be bound, and to adjust to changing business circumstances.
Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments. 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.
5) Contact with Web Hosting Plus
You acknowledge and recognize that all contact with Web Hosting Plus should be made via any of the contact methods provided on our website contact page.You agree that Web Hosting Plus is not obliged to offer telephone support as part of your agreement.
6) Domain Name Registration Information and its Use
Information You are Required to Submit
As part of the registration process, you are required to submit to Web Hosting Plus 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.
You shall provide and maintain updated information at all times with Web hosting Plus. Web hosting Plus at its option may refuse to renew any registrations unless you maintain current and updated information at all times.
Web hosting Plus 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 Web hosting Plus makes available to domain name registrants.
Additional Information Maintained About Your Registration
In Addition to the information you provide, we maintain additional information relating to your domain name registration, including:
Obligations Relating to Data Provided by You
(a) the original creation date of the registration;
(b) the date and time the registration application was submitted to us 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 zone contact 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.
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.
Disclosure and Use of Registration Information
You agree to authorize Web hosting Plus to provide any information to the registry administrators and to other third parties and applicable laws may require or permit. You acknowledge and agree Web Hosting Plus may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through Web hosting Plus' WHOIS service, or for any other purpose as required or permitted by the registrars and applicable laws.
In addition, you acknowledge that the registrars may establish guidelines, limits and requirements that relate to the amount and type of information that Web hosting Plus may or must make available to the public or to private entities, and the manner in which such information is made available.
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.
You may access your domain name registration information in Web hosting Plus' possession to review, modify or update such information, by contacting us directly or via any web-based management service provided by us.
We will not process any data about any identification natural 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 our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
7) Ownership of Data
You agree and acknowledge that Web Hosting Plus owns 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 Web Hosting Plus acts as the registrar including:
(i) the original creation date of the registration;
(ii) the expiration date of the registration;
(iii) 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;
(iv) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
(v) other information generated or obtained in connection with the provision of domain name registration services, other the domain name being registered, and the IP names and addresses of the primary nameserver and any secondary nameservers.
Web Hosting Plus does not have any ownership interest in your specific personal registration information outside of your right in our domain name database.
8) Agents and Licenses
You agree that in the event you register a domain name for another entity, you represent that you have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.
You acknowledge and agree that if you license the use of your registered domain name to a third party, you remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely Resolution of any problems that arise in connection with domain name and domain registration.
9) Limitation of Liability
You agree that Web Hosting Plus 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 Web Hosting Plus has been advised of the possibility of such damages, and in particular Web Hosting Plus 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 Web Hosting Plus;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policies.
Web Hosting Plus 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.
Web Hosting Plus' maximum aggregate liability shall not exceed the greater of:
10) Indemnification of Web Hosting Plus
(a) the total amount paid by you for registration of the domain name; and
(b) £25.00 (GP Pounds).
You agree to defend, indemnify and hold harmless Web Hosting Plus and the registry administrator, including our and its 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 Policies.
11) Representations and Warranties
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.
You acknowledge and agree that all domain name registration services provided to you by Web Hosting Plus are provided on an "as is" basis. Web Hosting Plus 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. Web Hosting Plus makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.
12) Breach and Revocation
Web Hosting Plus 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; or
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement.
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 Web Hosting Plus) 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 Web Hosting Plus, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.
You also agree that Web Hosting Plus 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 Web Hosting Plus 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.
You acknowledge and agree that:
13) Other Terms and Conditions
(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to Web Hosting Plus' 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.
Web Hosting Plus shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, 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.
The failure of Web Hosting Plus to require your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Web Hosting Plus of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
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 not with standing 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.
You agree that any notice or communications required or permitted to be delivered under this Agreement by Web Hosting Plus to you shall be deemed to have been given if delivered by e-mail, overnight mail or United States mail in accordance with the contact information you have provided.
Except as otherwise set forth in the Dispute Policies with respect to disputes, this Agreement, your rights and obligations and all contemplated by this Agreement shall be governed by the laws of the United Kingdom.
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.
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 Web Hosting Plus. However, in the event that Web Hosting Plus consents 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.
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 here in. 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 here in.
Amendment in Writing:
This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Web Hosting Plus.
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.
Relationship of the Parties:
Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
Joint and Several Obligations:
If any party consists of more than one entity, their obligations here under are joint and several.
No Third Party Beneficiaries:
This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
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. Web Hosting Plus 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 Web Hosting Plus as reflected in the original provision.