Easily Limited Terms & Conditions

These are the Terms & Conditions of Easily Limited (no: 03900580):

These Terms & Conditions consist of:

A: GENERAL
B: DOMAIN NAME SERVICES
C: WEB-HOSTING, SECURE HOSTING, SITE SEALS, EMAIL, CO-LOCATION, DEDICATED SERVERS, BACK-UPS AND VPS
D: EASILY SEARCH ENGINE SUBMISSION

 A. GENERAL

1 Definitions

1.1 In these Conditions, the following words and expressions have the following meanings:
"Accredited Registrar"    means an ICANN accredited registrar;

"Back-up Services"    means the data back-up, storage and restoration service provided by Easily and detailed in Section C of these Conditions;

"Bot"    means a piece of software designed to complete a minor but repetitive task automatically or on command, especially when operating with the appearance of a (human) user profile or account. An "Eggdrop Bot" is an open source Internet Relay Chat (IRC) bot.

"Co location Services"    means the website co location services provided by Easily and detailed in Section C of these Conditions;

"Co location Data Centre"    means the physical location in which Co location Services are provided;

"Conditions"    means these terms and conditions;

"Contract"    means the contract for the provision of Services by Easily to the Customer governed by the Order Form and these Conditions;

"Customer"    means the customer to whom Easily has agreed to provide the Services and whose details appear on the Order Form;

"Customer Server"    means any computer server equipment operated and owned by the Customer;

"Customer Site"    means any Website of the Customer which is the subject of the Hosting Services;

“Customer Data”    means data provided to Easily.co.uk by the Customer for the purpose of Easily.co.uk providing the Services.

"Data"    includes information, documents, text, software, music, sound, photographs, graphics, video, messages and other materials of any kind and in any form;

"Dedicated Server"    means the computer server equipment provided by Easily for the sole use of a single customer;

"Dedicated Server Services"    means the provision of a Dedicated Server for use by the Customer;

"Domain Name Services"    means the processing of Orders with the Relevant Naming Authority on the Customers’ behalf and such additional services as may be agreed between the parties. Section B of these Conditions relates to Domain Name Services;

"DOS Attack"    means an attempt via a denial-of-service attack to make a computer resource unavailable to its intended users;

"Easily"    means Easily Limited (Company Number: 3900580) trading as "easily.co.uk", whose registered office is at 241 Borough High Street, London SE1 1GA, and its employees, agents or sub contractors (as appropriate);

"Easily Server"    means the computer server equipment operated by Easily for the provision of the Hosting Services;

"Email Services"    means the email services provided by Easily and detailed in Section C of these Conditions;

"Fees"    means the fees published (including the Pre-registration Fee and Deposit payable in respect of the Pre-registration Services) by or on behalf of Easily from time to time on the Website and payable in pounds sterling;

"Global Domains"    means domains which are not country specific including without limitation .com, .net, .org, .info, .biz and .name;

“Host Server”    means the underlying hardware operating system on which the Virtual Private Server resides.


"Hosting Services"    means Web-Hosting Services, Email Services, Co location Services, Dedicated Server Services and Back-up Services, collectively known as the Hosting Services and detailed in Section C of these Conditions;

"Intellectual Property Rights"    means any intellectual property rights or other proprietary rights including but not limited to copyright, design rights, trademarks or names and patents in each case whether registered or unregistered names;

"IRC"    means the Internet Relay Chat, a form of real-time Internet chat or synchronous conferencing;

"Order"    means the Customers application for the Services;

"Order Form"    means the order form and customer sign up pages annexed to these Conditions or as displayed by or on behalf of Easily on the Website as at or prior to the date of the Contract;

"Regulations"    means the Consumer Protection (Distance Selling) Regulations 2000;

"Registry"    Means the organisation that has been granted the rights to maintain the definitive database of registrations for a particular TLD, namely Verisign for .com, .net and .org domains, Neulevel for .biz domains, Afilias for .info domains and Global Name Registry for .name domains;

"Relevant Naming Authority"    means Nominet UK for UK domain names, ICANN for international domain names and the .TV Corporation for .tv domains;

“Roll-Off Period”    means the period of seven (7) days from the date of termination or expiry of this Service.

"Secure Hosting Services"    means the website hosting services provided on Easily’s Secure Server and detailed in Section C of these Conditions;

"Secure Shell (SSH)"    means a network protocol that allows data to be exchanged using a secure channel between two networked devices;

“Service Levels”    means those service levels set out in the Service Availability Agreement.

"Secure Server"    means an Easily Server that has a recognised digital certificate installed to allow SSL (Secure Socket Layer) encryption;

"Services"    means any services provided by Easily to the Customer under this Agreement including without limitation Pre-registration Services, Domain Name Services, Hosting Services, Email Services, Web Re-direction Services, Co location Services, Dedicated Server Services and Search Engine Submission Services;

"Shared Certificate"    means a shared certificate encryption ID issued by Verisign;

"Site Seal"    means a seal issued by Verisign that enables a visitor to the seal owner’s website to link to a page at Verisign’s website, which shall display certain authentication information related to the organisation and domain listed in the seal;

"Transmit"    includes use, facilitate (e.g. by operating chatroom, discussion groups, FTP sites etc) generate, link to, upload, post, publish, download,  store, disseminate, email, send or receive via or in any way connected with our goods or services;

“Virtual Private Server (VPS)”    means those Virtual Private Servers that are specified on the Order Form.

“Virtual Server Software”    means the operating system and/or application software and/or database that Easily.co.uk will install on the Virtual Private Server in accordance with the Order Form.

"Web-Hosting Services"    means the website hosting services provided by Easily and detailed in Section C of these Conditions;

"Website"    means Easily’s Website accessible via the Internet address or such other address as Easily shall notify to the customer from time to time.

"WEBppliance Software"    means software supplied by Ensim Corporation to provide a graphical user interface to the Linux operating system.

"Web Re-direction"    means a service provided by Easily whereby a domain can be configured so that it re-directs an internet user to a website located at a different internet address.

"You"    means the Customer applying for the provision of Services from Easily.
    
    
1.2 Where appropriate, words denoting a singular number only shall include the plural and vice versa and words referring to an individual shall include a firm or company as appropriate and vice versa.

1.3 References to any statute or statutory provision include a reference to that statute or statutory provision as from time to time amended, extended or re-enacted or consolidated and all statutory instruments or orders made pursuant to it.

1.4 All warranties, representations, indemnities, covenants, agreements and obligations given or entered into by more than one person in this Agreement are given or entered into jointly and severally.

1.5 The headings in these Conditions are inserted only for convenience and shall not affect their construction.

2 Application of Conditions

2.1 These Conditions, the Order Form and any terms specifically agreed in writing by Easily supersede any terms stipulated by the Customer in any negotiations or any course of dealing between Easily and the Customer.

2.2 The Customer acknowledges that there are no representations outside the Contract that have induced it to enter into the Contract, and the Contract constitutes the entire understanding between the parties for the provision of the Services. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.

2.3 Unless otherwise provided in these Conditions no modification of the Contract shall be effective unless agreed in writing by a duly authorised representative of Easily.

2.4 Easily may from time to time amend these Conditions and any such amendment will be displayed at least one month prior to the implementation of the amendment. If the Customer is a consumer it may end the Contract by written notice at any time up to the date on which the amendment comes into force. Should the Customer place an Order or continue to use the Services following implementation of an amendment it will be deemed to have accepted the amendment.

3 Obligations of the Customer

3.1 The Customer shall not:

3.1.1 Transmit any Data or otherwise use our products or services in a manner which, we consider in our discretion in any way involves or includes or relates to conduct that is unlawful (including breach of any applicable laws, statutes, regulations, standards or codes of conduct whether or not compulsory), harmful, threatening, a nuisance, abusive, harassing, tortuous, defamatory, vulgar, obscene, indecent, invasive of another's privacy, hateful, inflammatory, racially, ethnically or otherwise objectionable;

3.1.2 submit to Easily any Order that it knows or should (after reasonable enquiry) have discovered, infringes or might reasonably be considered to infringe the Intellectual Property Rights of any third party;

3.1.3 use the Easily Server or any of the Services in any way that might reasonably be considered to infringe the rights of any third party, including but not limited to trademark infringement, copyright infringement, passing off and defamation.

3.1.4 reverse engineer, de code or in any way disassemble any software provided by Easily in relation to the provision of the Services;

3.1.5 use the Easily Server or any of the Services to send, relay, upload, post or receive replies to any unsolicited or unauthorised e mail messages, mobile phone messaging or any other form of messaging, promotional materials, junk mail, spam, chain letters or other form of solicitation ;

3.1.6 advertise a Customer Site, domain or any product or service offered by or through a Customer Site or domain hosted by Easily using unsolicited or unauthorised means including junk mail, spam, chain letters or any other form of solicitation; or

3.1.7 enter any incorrect or incomplete name, address, email address or telephone number or any other false information on the Order Form or otherwise enter information intended to conceal the Customer’s identity. The Customer further acknowledges that it is its responsibility to notify Easily of any changes to its details and to ensure that those details provided are kept up to date.

3.2 In the event of any breach of the provisions of clause 3.1 by the Customer, Easily reserves the right forthwith to withdraw, suspend or cancel the Services.

3.3 The Customer acknowledges that it is solely responsible for maintaining adequate insurance cover in respect of any loss or damage relating to the provision of the Services.

3.4 The Customer acknowledges that the internet is not a completely secure medium of communication, and, whilst Easily has taken steps to safeguard the security of some information (i.e payment details) the Customer inputs on the Website or sends to Easily on the internet by using secure servers and Secure Sockets Layer ("SSL") technology which encrypts the information the Customer inputs on its system before it is transmitted to Easily, Easily is not and will not be responsible for any damages the Customer may suffer as a result of the loss of confidentiality of such information.

4 Obligations of Easily

4.1 In the event that the Customer submits any Order or uses any or all of the Services in such a way as may in Easily’s opinion expose Easily to the risk of legal or other proceedings or expose Easily to loss or damage of any kind, Easily reserves the right to refuse to process or continue processing any Order or to withdraw, suspend or cancel the Services or take any other action as it in its absolute discretion it sees fit.

4.2 Easily will comply with all applicable data protection legislation in relation to the personal details that the Customer provides on the Order Form. All information provided to Easily will be dealt with in accordance with Easily’s privacy policy which can be found on the Website. The Customer acknowledges that Easily is under no obligation to edit, review or modify information provided by or on behalf of the Customer. In order to maintain the integrity of the service, Easily reserves the right to forward contact details to the police, or other regulatory authorities where requested to do so, Easily may also forward contact details where a complaint arises concerning the Customer’s use of the Service and where that use is deemed by Easily to be inconsistent with these user conditions.

4.3 In the event that software that has been developed by third parties ("Third Party Software") is available to the Customer through the Website and such, Third Party Software is licensed to the Customer pursuant to separate terms ("Third Party Licenses") the Customer agrees that he has had the opportunity to review the Third Party Licenses and agrees to comply with them. In the event of a conflict between these Conditions and a term of a Third Party License, the terms of the Third Party License controls with respect to the applicable Third Party Software only.

5 Fees

5.1 The Customer shall pay to Easily the Fees, inclusive of any additional costs incurred by Easily in processing an Order (subject to clause 5.4).

5.2 The Fees shall be paid by the Customer, as detailed on the Website, without set off or counterclaim.

5.3 The Customer acknowledges that the provision of the Services is conditional on Easily receiving payment of the Fees in full and in the event of non payment of Fees or suspected fraudulent activity in relation to payment of Fees by the Customer, Easily reserves the right forthwith to withhold, suspend or cancel the Services.

5.4 The Customer acknowledges that occasionally unforeseen charges are incurred in processing Orders. Easily shall obtain the Customer’s written consent before incurring such charges.

5.5 Interest will be charged on overdue accounts at a rate of 4% above the base rate from time to time in force of National Westminster Bank PLC or such other rate as may be published on the Website. Such interest will be calculated on a daily basis from the date payment was due until the date payment is received (including any time following the entry of judgement) and will be compounded monthly.

6 Bulk Discounts

If the Customer places an Order for multiple items where the relevant Fee is advertised on the Website as a discounted Fee and one or more of the items ordered is unavailable then Easily reserves the right to charge the Customer for the advertised discounted Fee for the number of items actually available.

7 Refunds and Credits

Unless otherwise provided in the Contract the Customer shall not be entitled to any refund of Fees or a credit against any future Order.

8 Indemnity

The Customer shall indemnify Easily and it’s suppliers and keep Easily and it’s suppliers fully indemnified from and against all liability, claims, costs, losses, loss of profits, expenses, business interruption, and other pecuniary or consequential loss (including reasonable legal costs and expenses) suffered or incurred by Easily as a result of:-
(i) access to and/or use of the Services by the Customer;
(ii) any information, data or material produced, transmitted or downloaded by the Customer;
(iii) any breach by the Customer of any of the provisions of these Conditions or of any law, code or regulation relating thereto or to the internet.

9 Limitation of Liability

9.1 Easily warrants to the Customer that the Services will be provided using reasonable care and skill.

9.2 Except as set out expressly in these conditions, Easily excludes all conditions, terms, warranties and representations (other than fraudulent representations) in relation to the whole or part of the Services whether imposed by statute or operation of law or otherwise including but not limited to implied warranties or conditions of accuracy, completeness, satisfactory quality and fitness for a particular purpose.

9.3 Whilst Easily makes no attempt in the Contract to limit its liability for death or personal injury arising from its negligence, in no circumstances shall Easily or it’s suppliers be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof for:

9.3.1 any increased costs or expenses;

9.3.2 any loss of profit, business, contracts, revenues, or anticipated savings;

9.3.3 the consequences of any failed or unsuccessful domain name, registration;

9.3.4 any claims that the domain name registered or requested by the Customer to be registered by Easily on behalf of the Customer or that any Customer Site or material on a Customer Site infringes the Intellectual Property Rights;

9.3.5 the consequences of any errors or interruption in the Services ;

9.3.6 any failure of e mail including without limitation non receipt and mis routing; or

9.3.7 any changes in any of Easily’s facilities, operations, procedures, products or Services which render obsolete or require modification of or alteration to the Customer’s equipment or software;

9.3.8 any special indirect or consequential damage of any nature whatsoever, arising directly or indirectly out of the provision by Easily of the Services or the performance by Easily of the Contract.

9.4 Notwithstanding anything contained in the Contract Easily’s liability to the Customer in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the Fees paid by the Customer for the Services.

9.5 The Customer expressly acknowledges that the provisions of this clause 9 satisfy the requirements of reasonableness specified in the Unfair Contract Terms Act 1977 and that it shall be stopped from claiming to the contrary at any future date in the event of any dispute with Easily concerning Easily’s liability hereunder.

9.6 Where the Services are performed under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions.

10. Suspension and Termination

Without prejudice to any of its other rights, either party shall have the right to immediately terminate the Contract and Easily may also suspend or restrict the Services to the Customer, if:

10.1 the Customer commits any material or repeated breach of the Contract and/or, fails to remedy any breach which is capable of being remedied within fourteen days of receipt of a notice requiring it to remedy such breach. For the purpose of this clause a breach of clauses 3, 4 or 5 may be deemed a non-remediable breach and Easily may immediately suspend or restrict the Services without notice to a Customer breaching these clauses. In the case of a suspected breach by the Customer Easily will take whatever steps it believes necessary to investigate and resolve matters;

10.2 the other is unable to pay its debts or enters into compulsory or voluntary liquidation (other than for the purpose of affecting a reconstruction or amalgamation in such manner that the company resulting from such reconstruction or amalgamation if a different legal entity shall agree to be bound by and assume the obligations of a relevant party under the Contract) or compounds with or convenes a meeting of its creditors or has a Receiver or Manager or an Administrator appointed over its assets or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the party terminating means that the other may be unable to pay its debts.

11. Resellers

11.1 If the Customer is acting in the capacity of a reseller of the Services or on behalf of a third party the Customer agrees:

11.1.1 to ensure that its customers or the third party are bound by the Conditions or terms and conditions no less exhaustive than the Conditions;

11.1.2 to ensure that at all times it acts in accordance with its customers’ instructions;

11.1.3 to ensure that it seeks permission from its customers before passing any of their personal details to Easily;

11.1.4 to provide all appropriate support to its customers including without limitation general customer services, billing and collection of fees and technical support;

11.1.5 to use commercially reasonable efforts to inform its customers when a domain name registration is due for renewal at least thirty (30) days prior to the end of the applicable registration term;

11.1.6 not to incur any liability on the part of Easily; and

11.1.7 not to make any representation or warranty on behalf of or pledge the credit of or otherwise bind Easily

11.2 Easily reserves the right to contract with the Customer's customer directly in relation to the provision of the Services on termination of the Contract with the Customer howsoever arising and/or in the event that Easily is unable to contact the Customer and/or in the event that Easily receives a complaint from the Customer’s customer providing that the Customers customer has requested Easily to contract with them.

12. Proprietary Rights

The Customer acknowledges that all title, rights and interest in the Services shall remain with Easily and/or its suppliers and that the Customer shall not under any circumstances obtain any proprietary rights in respect of the Services.

13. Force Majeure

Neither party shall be in breach of the Contract if there is any total or partial failure of performance by it of its duties and obligations under the Contract occasioned by any act of God, fire, act of Government or State, war, civil commotion, insurrection, embargo, labour disputes of whatever nature and any other reason beyond the control of either party. If either party is unable to perform its duties and obligations under the Contract as a direct result of the effect of one of those reasons, that party shall give written notice to the other of the inability which sets out full details of the reason in question. The operation of the Contract shall be suspended during the period in which the reason continues. Forthwith upon the reason ceasing to exist, the party relying upon it shall give written advice to the other of this fact. If the reason continues for a period which substantially affects the commercial intention of the Contract, the party not claiming relief under this clause 13 shall have the right to terminate the Contract upon giving 7 day's written notice of such termination to the other party.

14. Assignment

The Contract is personal to the Customer and the Customer’s rights may not be assigned, sub licensed or transferred in any way.

15. Severability

Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of the Contract howsoever occasioned.

16. No Waiver

No waiver by Easily shall be construed as a waiver of any preceding or succeeding breach of any provision.

17. Notices

Any notice or other documents given under the Contract shall be given in writing and in English and shall be deemed to have been duly given on the date of dispatch if hand delivered or sent by first class post, express, airmail, other fast postal service, registered post or telex, facsimile or other electronic media to the last known address of the party to whom the notice is addressed. To prove the giving of notice or other document it shall be sufficient to show that it was dispatched.

18. Governing Law
The validity, construction and performance of the Contract shall be governed by English law and the parties hereby submit to the jurisdiction of the English Courts.

B. DOMAIN NAME SERVICES

This Section B together with Section A of the Conditions constitutes the terms of the Domain Name Services provided by Easily. In addition, Section D of these Conditions contains additional terms relating to the Pre-registration Services for .biz, .info and .name domains.

1. Obligations of the Customer

1.1 The Customer shall not use any domain name registered by Easily on behalf of the Customer to communicate, reproduce, transmit, store or knowingly receive any material that is offensive, abusive, indecent, defamatory, obscene, menacing or in breach of confidence or which infringes the Intellectual Property Rights of any third party.

1.2 The Customer acknowledges that the registration and use of domain names is subject to the terms and conditions of the Relevant Naming Authority and accordingly agrees to be bound by them. The registration and use of UK domain names is governed by Nominet UK, the registration and use of international domain names (.com, .net, .org, .biz, .info and .name) which are governed by ICANN is performed through Easily in conjunction with either NetNames, Internet Names World Wide or Joker (all Accredited Registrars), the registration and use of .eu domain names is governed by NetNames (a registrar accredited for registration of .eu domains), the registration and use of .tv domain names is governed by the .tv Corporation and the registration and use of .cn domain names is governed by Neustar. In submitting an Order the Customer will be deemed to have read and understood the terms of the relevant registration agreement, which can be reached via the following links:

• Nominet
  ASCIO
  
• NetNames
• Internet Names World Wide
• Joker
• .cn Domain Regulations
• .cn Dispute Resolution Policy

1.3 The Customer hereby authorises Easily to act as the administrative, technical and billing contact on all Global Domains and to perform all functions associated with these roles. The Customer may act as the administrative contact providing it has submitted a written request to Easily and where the Customer is acting as the administrative contact it acknowledges that in relation to its role as administrative contact it is solely responsible for its acts and omissions and the consequences thereof. Easily does not allow the Customer to act as the technical/billing contact and if the Customer wishes to act as the technical and/or billing contact it will have to transfer the domain away from Easily who can accept no further responsibility for the domain.

1.3 The ".biz" domain is intended for business use only and in submitting an Order for a ".biz" domain the Customer warrants that the domain will be used for business purposes.

1.4 The ".name" domain is intended for an individual’s personal use only and in submitting an Order for a ".name" domain the Customer warrants that it is either registering its own name or a close variation thereof or that it is registering a fictional name to which it owns the rights.

1.5 The ".me.uk" domain is intended for an individual’s personal use only and in submitting an Order for a ".me.uk" domain the Customer warrants that it is registering a name or a close variation thereof that belongs either to the Customer or to another individual that has authorised the Customer to do so.

1.6 To be eligible to register a ".us" domain the Customer must satisfy eligibility rules laid down in the "Nexus Requirements" as described on the Website.

1.7 Additional terms apply to the registration of .mobi domain names. Please refer to clause 2.5.1 of the NetNames terms and conditions via the link above.

2. Obligations of Easily

2.1 Easily shall use its reasonable endeavours to obtain registration of the domain names requested.

2.2 Easily does not warrant or guarantee that the domain name requested by the Customer will be registered or be capable of registration and the Customer should take no action in respect of the requested domain name until the Customer has been notified that the requested domain name has been registered.

2.3 The Customer acknowledges that any domain names registered by Easily on the Customers’ behalf may subsequently be suspended or cancelled by persons other than Easily.

2.4 If required by the Customer, Easily will host any domain name registered through Easily on Easily’s name-servers and provide Web Re-direction and e-mail forwarding services PROVIDED ALWAYS that the domain name is managed by Easily and Easily remains the technical and billing contact. The Customer acknowledges that if the domain is transferred to another registrar or management of the domain is transferred to another service provider or if the technical and/or billing contact is changed Easily will no longer be under any obligation to host the domain and/or provide web re-direction and/or e-mail forwarding.

2.5 If the Customer does not make use of the Web Re-direction service for a domain, it will be re-directed to a holding page or other website. The Customer agrees that Easily may amend the content of any holding page or change the destination of any re-direction is at its sole discretion. This does not in any way affect the Customer’s right or ability to make use of the Web Re-direction facility as and when the Customer chooses until such time as the domain name licence has expired.

3. Cancellation

In entering into a Contract with Easily for Domain Name Services, the Customer acknowledges that performance of the Contract will begin immediately and that it is hereby forfeiting its right to cancel the Contract under the Regulations.

4. Refunds and Credits

4.1 If the domain name requested by the Customer is unable to be registered the Customer will be entitled to a refund of any Fees paid in relation to an Order or a credit against any future Order.

4.2 Subject to clause 4.1 above the Customer shall not be entitled to any refund of Fees or a credit against any future Order.

5 Transfer of domain names

5.1 Customers are not permitted to transfer domain names for a period of 60 days following completion of the registration of the domain name.

5.2 Easily reserves the right to refuse to transfer a domain where any monies are due from the Customer to Easily in respect of that domain name.

5.3 Where the Customer wishes to transfer the ownership of its domain to a third party Easily will charge an administration charge of £15 for effecting the transfer. Easily reserves the right to increase this administration fee if Easily incurs costs in excess of £15 in effecting the transfer and Easily will notify the Customer of the increased fee as soon as practicable.

5.4 Any domain name not registered through Easily but subsequently transferred to Easily is subject to the Conditions.

5.5 In submitting a request for a domain name to be transferred to Easily the Customer warrants that it is the registrant of the domain name or is authorised to act for and on behalf of the registrant.

5.6 In submitting a request for a domain name to be transferred to Easily the Customer agrees to pay the fee for the next renewal of the domain at the time of the transfer. If the Customer subsequently transfers the domain away from Easily before this renewal has been implemented, the renewal fee will be refundable but an administration charge of £8.50 + vat will be payable by the Customer and deducted from any monies due from Easily to the Customer.

5.7 In the event of a dispute regarding the ownership of or any rights to a domain name transferred to Easily, Easily reserves the right to take any and all necessary action to protect itself including (without limitation) the right to give the registry key for the domain name to the registrant and/or to authorise the transfer of the domain name away from Easily.

6 Renewal of domain names

6.1 The Customer acknowledges that the Customer has ultimate responsibility for renewing the domain name and the Customer accepts that whether or not Easily has successfully contacted the Customer pursuant to this clause Easily cannot be held liable if the Customer fails to renew the domain name before its expiry.

6.2 The renewal of any domain name through Easily is subject to the Conditions.

6.3 When renewing Global Domains Easily reserves the right in its sole discretion to change the registrar through which the domain is registered and in requesting the renewal of a domain name the Customer authorises Easily to make such a change.

6.4 Easily does not warrant or guarantee that the domain name requested by the Customer will be renewed or be capable of renewal and the Customer should take no action in respect of the requested domain name until the Customer has been notified that the requested domain name has been registered.

6.5 Any domain name not renewed by its expiry date will be de-activated on the expiry date. To avoid loss of service, the Customer should ensure that domains are renewed well in advance of the expiry date. Uninterrupted service cannot be guaranteed. After the expiry date, Easily may change the nameservers of a domain name and/or redirect the domain name to a webpage showing advertising or promotional materials of Easily or third parties.

6.6 Any domain name not renewed 30 days after its expiry date may be deleted. Once a domain has been deleted it cannot be renewed. At this point it will have to be re-registered and there is a risk that it may be registered by another person or company. To avoid loss of a domain name, the Customer should ensure that domains are renewed well in advance of the end of the 30-day grace period following the expiry date. Successful renewal cannot be guaranteed.


C. WEB-HOSTING, SECURE HOSTING, SITE SEALS, EMAIL, CO-LOCATION, DEDICATED SERVERS AND BACK-UPS
This Section C together with Section A of the Conditions constitute the terms of the Web-Hosting Services, the Email Services the Co location Services, Dedicated Server Services and Back-up Services, collectively known as the Hosting Services

1. Licence

In accepting the Customer’s application to subscribe to the Hosting Services, Easily grants the Customer a non exclusive, non transferable, royalty free and restricted licence to use the requested services package, as published on the website at the time such services are purchased.

2. Provision of Services

2.1 The facilities and services provided within the Services will be defined by the description of the services applied for by the Customer on the Website at the time of the application, including but not limited to the specification of the storage space and data transfer that will be made available. If the storage or data transfer limits are exceeded, it will be necessary for the Customer to upgrade the Services or purchase additional storage and/or data transfer as required.

2.2 Whilst Easily undertakes to use reasonable endeavours to provide the Services promptly following the Customer’s application, it is possible that restrictions in the availability of resources may lead to a delay.

2.3 Whilst Easily undertakes to use reasonable endeavours to maintain an acceptable level of security, it cannot give any guarantee regarding the security of material hosted on the Easily Server or Customer Server.

2.4 Whilst Easily undertakes to use reasonable endeavours in the provision of the Services, it does not guarantee that provision of the Services will be error free or uninterrupted.

2.5 Easily may from time to time have to suspend the Services for repair, maintenance or improvement and in such circumstances Easily undertakes to notify the Customer as far in advance as possible and to endeavour to keep the period of suspension to the minimum length of time necessary to carry out such works.

2.6 In light of clauses 2.3, 2.4 and 2.5 above the Customer accepts that the Services are not intended to be used in circumstances where fail safe performance is required.

2.7 Easily reserves the right to suspend or modify the Services if the Customer’s continued use of the Services is determined, at Easily’s sole discretion, to be detrimental to the running of any Easily Server or to the use of the Services by any other Customer.

2.8 Easily reserves the right to terminate the Contract for the provision of Services at any time. If Easily exercises this right for any reason other than as described elsewhere in these Conditions, Easily will give 30 days notice of termination and will refund the Fees.

2.9 Easily reserves the right to monitor the Customer Site, the Easily Server and the Customer Server and the Customer’s use of the Hosting Services and shall be entitled at all times and without notice to refuse to host any material and/or to suspend availability of the Customer Site or other Hosting Services and/or to remove any material which Easily in its sole discretion believes contravenes any of the warranties in clause 3 below or otherwise harms Easily.

2.10 Where Easily proposes to take action pursuant to clause 2.9 above it shall notify the Customer of its action as soon as possible.

2.11 Easily’s rights to suspend availability of the Customer Site or other Hosting Services and/or remove material is without prejudice to the Customer’s sole responsibility for the content of the Customer Site or other Hosting Services and to the warranties given by the Customer under clause 3 below.

2.12 The Customer acknowledges that hosting of the Customer Site, the provision of the Customer email account, the co location of the Customer Server and the rental of a Dedicated Server by Easily does not amount to Easily’s approval of the Customer Site or material on the site or the Customer’s use of email or the Easily Server or Customer Server and shall not under any circumstances constitute a waiver of any of Easily’s rights or the Customer’s obligations under this Agreement.

2.13 On termination of the Contract, howsoever arising, Easily shall be entitled to immediately stop access to and to remove all material from the Customer Site, Dedicated Server and email account and also to post an appropriate notice regarding the lack of availability of the Customer Site, Dedicated Server and email account

2.14 Unless the Customer has purchased the Back-up Services in connection with the Hosting Services, the Customer shall be solely responsible for making and maintaining its own back ups of any material on the Customer Site, email account, Easily Server and Customer Server and acknowledges that Easily cannot be held responsible for the consequences of any loss of such material.

2.15 In relation to the Co location Services:

2.15.1 Easily will, on request, perform a hard re boot on the Customer Server during normal office hours. Easily’s obligation in this respect will be limited to a maximum of four hard re boots per calendar month;

2.15.2 On request, the Customer will be granted access to the Customer Server at the Co location Data Centre. This access will take place during normal office hours and will be granted up to a maximum of four times per calendar month. At least two working days notice should be given when access is required. In an emergency Easily will endeavour to grant access at shorter notice, but no guarantee of this can be undertaken;

2.15.3 The Customer Server is the property of the Customer and may be removed from the Co location Data Centre by the Customer. The Customer should give two working days written notice if the Customer Server is to be removed. Once removed, the agreement to provide Co location Services will be terminated and the Customer will have no further right to this service.

2.16 In relation to the use of email aliases and sub-domains:

2.16.1 If the Customer applies to use an email alias or sub domain attached to a domain not owned by the Customer, Easily cannot guarantee that the desired alias or sub domain will be available;

2.16.2 If the Customer applies to use an email alias or sub domain attached to a domain not owned by the Customer, Easily cannot guarantee that the selected domain will continue to be available beyond the initial term of the Email or Hosting Services applied for.

2.17 In relation to the Dedicated Server Services:

2.17.1 Easily will use commercially reasonable efforts to repair or replace any faulty component in the Easily Server, but Easily cannot be held liable for any delays due to factors beyond Easily’s control, including but not limited to delivery delays or non-availability of replacement components;

2.17.2 On request, Easily will recover the Easily Server on the Customer’s behalf, subject to an annual limit, which is currently set to one such request per year;

2.17.3 Unless the Customer has purchased the Back-up Services in connection with the Hosting Services, a request from the Customer to recover the Easily will result in the server being restored to its original state and any data, programs or web-sites belonging to the Customer will not be retained;

2.17.4 If the Customer so wishes, Easily will install upgrades and patches to the Easily Server from time to time. Only software that has been approved by the manufacturer of the Easily Server will normally be installed, although Easily may consider requests for installation of unapproved software at an additional cost, but Easily cannot be held responsible for the functioning of a server running unapproved software;

2.17.5 In the event of the Customer requesting full root access to the Easily Server, the Customer accepts full responsibility for all management and maintenance of the server, including but not limited to system monitoring and recovery and installation of all upgrades and patches;

2.18 In relation to the Back-up Services:

2.18.1 Easily will use reasonable efforts to back up the Customer’s data from the Easily Server or Customer Server as defined by the description of the Back-up services on the Website at the time of the application, but Easily shall not in any way be responsible or liable for any loss, damage, costs, expenses or other claims for compensation arising from any data, file or material being damaged, corrupted or lost from whatever cause;

2.18.2 If the disk space allocated to the Customer for the Back-up Services is fully utilised, the back-up process will overwrite the oldest data back-up stored at that time, resulting in the loss of the overwritten back-up;

2.18.3 On request, Easily will restore data from a data back-up to the Easily Server or Customer server, subject to a monthly limit, which is currently set to one such request per month.

2.19 In relation to the Secure Hosting Services and Site Seals:

2.19.1 Verisign have sole authority over the issuing of Site Seals and Shared Certificates and Easily cannot be held responsible for any unsuccessful applications, in the event of an application being unsuccessful Easily will refund any fees paid in connection with that application;

2.19.2 The provision and use of Shared Certificates and Site Seals is governed by additional terms and conditions laid down by Verisign, which can be reached via the following links:

2.19.2.1 End User Shared Certificate Subscriber Agreement

2.19.2.2 End User Secure Site Seal Subscriber Agreement

2.19.3 All scripting software including but not limited to CGI and PHP scripts must be submitted to Easily for approval before being used on the Secure Server, such approval to be granted or denied at Easily’s sole discretion;

2.19.4 Any scripting software that is determined, at Easily’s sole discretion, to be detrimental to the running of the Secure Server or any Easily Server or to the use of the Services by any other Customer may be removed by Easily, notwithstanding that it may previously have been approved by Easily for use on the Secure Server;

2.19.5 Easily will use reasonable efforts to ensure the security of its Secure Hosting Services, including the use of Secure Socket Layer encryption and firewall technology, but Easily shall not in any way be responsible or liable for any loss, damage, costs, expenses or other claims for compensation arising from any breach of security from whatever cause.

2.20 In relation to the Ensim WEBppliance Software

2.20.1 The Customer acknowledges and agrees that, except for the limited license in Condition C1 above all right, title or interest whatsoever (express or implied) in or to the WEBppliance Software or any intellectual property rights therein is transferred or granted by Easily or its suppliers or licensors to the Customer. The Customer acknowledges that Easily’s licensor has reserved the unrestricted right to, directly or indirectly, promote, market, sublicense and distribute the WEBppliance Software, and may, without consent of, or liability to, Easily or the Customer, add, delete or change the WEBppliance Software, including specifications relating thereto.

2.20.2 The Customer shall not, nor shall it permit any third party to: (i) adapt, alter, modify, translate, create derivative works of, reverse compile, reverse engineer, disassemble, or otherwise attempt to reconstruct the source code of the WEBppliance Software except to the extent that any such activity is expressly permitted by applicable law despite this restriction; (ii) reproduce the WEBppliance Software except as part of its authorized use of the WEBppliance Software under these Conditions; (iii) assign, rent, lease, distribute, disclose or provide any copies of the WEBppliance Software to any third party or allow any third party to access or use the WEBppliance Software, other than as expressly allowed under these Conditions; (iv) use the WEBppliance Software for any purpose not authorized in this Agreement; or (v) remove, modify or obscure any of the trademarks, trade names, logos, patent or copyright notices, confidential or proprietary legends or other proprietary rights notices or markings that appear on the WEBppliance Software, or otherwise displayed by the WEBppliance Software. The Customer also agrees that it will not, nor will it permit any third party to, publish or otherwise disclose to any other third party the results of any benchmark tests run on the WEBppliance Software.  

2.20.3 The Customer undertakes to (a) not tamper with the WEBppliance Software to circumvent the requirement for a license key; (b) use the license key provided only to activate the copy of the WEBppliance Software for which it was issued and for no other purpose; and (c) maintain the confidentiality of the license keys with respect to the WEBppliance Software.

2.20.4 The Customer hereby agrees to permit Easily or its licensors or their designated representatives remote access to the servers and systems on which the WEBppliance Software is installed and shall co-operate with any requirements of Easily, its licensors or their designated representatives in this respect.

2.20.5 The Customer hereby undertakes to disclaim all liability of any kind in relation to the WEBppliance Software on behalf of Easily, its licensors and suppliers.

2.20.6 Easily warrants and represents that the WEBppliance Software will substantially perform in accordance with its applicable documentation for a period of 30 days after the Customers download of the WEBppliance Software. Notwithstanding the foregoing, Easily makes no warranties with respect to any GPL Software or other third-party software embedded in the Program and/or furnished to the Customer.

2.20.7 In the event of a breach of Easily's warranty under 2.20.6 above, Easily will, at its discretion, arrange for repair and/or make available replacement WEBppliance Software which shall be the Customer’s exclusive remedies. Easily will not have any liability under this warranty if the alleged defect is due to causes not within it's reasonable control, including but not limited to any defect caused by any negligent act or omission by anyone other than Easily or its licensors, any defect caused by use of the WEBppliance Software in an operating environment not specified by the applicable documentation or otherwise not in accordance with these Conditions, or any defect caused by alteration or abuse of media on which the program is stored, failure to follow Easily's or its licensor’s instructions for installation, operation or maintenance, power failure or surges, fire, flood or the like.  

2.20.8 OTHER THAN THE LIMITED WARRANTY SET FORTH IN 2.20.6 ABOVE, THE WEBPPLIANCE SOFTWARE AND SERVICES PROVIDED BY EASILY UNDER THESE CONDITIONS ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. No oral or written information or advice given by Easily, its licensors or suppliers, agents or employees will create a warranty, and the Customer must use its own judgment in relying on such information or advice. EASILY AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS IN THE WEBPPLIANCE SOFTWARE MEET THE REQUIREMENTS OF THE CUSTOMER OR THAT OPERATION OF SUCH SOFTWARE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED AND HEREBY DISCLAIM ALL LIABILITY ON ACCOUNT THEREOF.  

2.20.9 Neither Easily nor its licensors or suppliers shall be liable in respect of any claims, damages or liabilities arising out of or relating to any of the following ("Excluded Claims"): (i) any product or component thereof that is not supplied by Easily to the Customer hereunder; (ii) the combination of any WEBppliance Software with any other products, equipment, component, process or material not obtained from Easily under this Agreement; (iii) any modification to the WEBppliance Software unless made by Easily its licensors or suppliers if the alleged infringement arises from such modification; (iv) use of the WEBppliance Software in violation of these Conditions; or (v) failure to use replacement or modified WEBppliance Software that provides substantially similar functionality as the original WEBppliance Software which replacement or modified WEBppliance Software would have rendered the WEBppliance Software noninfringing. The Customer shall indemnify and hold harmless Easily its licensors and suppliers with respect to any and all Excluded Claims. No indemnification for any third party software products supplied by Easily is provided under these Conditions unless and to the extent equivalent indemnification is provided to the Customer under the terms of Easily's agreement with the licensor or supplier.

2.20.10 If the WEBppliance Software becomes, or in the opinion of Easily or its licensors or suppliers opinion is likely to become, the subject of an infringement claim, Easily may, at its option and sole discretion, (i) obtain for the Customer the right to continue to use the WEBppliance Software as provided in these Conditions; (ii) replace the WEBppliance Software with another software product that provides substantially the same functionality; or (iii) if Easily determines that neither of the foregoing options are reasonably available, require that the Customer ceases use of the WEBppliance Software, and, provided that the Customer returns or destroys (and certify to such destruction of) all copies of the WEBppliance Software in its possession or control, refund to the Customer the fees paid for such WEBppliance Software, less a reasonable deduction for use based on a 3-year life of the WEBppliance Software.  

2.20.11 Either party may terminate the licence in respect of the WEBppliance Software at any time upon no less then 30 days prior written notice to the other party. The Customer acknowledges that in the event that Easily’s licensors or suppliers terminate or suspend their arrangements with Easily so that the WEBppliance Software is no longer available Easily shall not be liable.  

2.20.12 Forthwith upon termination howsoever arising the Customer must (a) destroy any and all copies of the WEBppliance Software and (b) certify in writing to Easily its compliance with the foregoing.

2.21 In relation to the Virtual Private Server (VPS) Services:

2.21.1 SUPPLY OF VIRTUAL PRIVATE SERVER HOSTING SERVICES:

2.21.1.1 Easily shall:

2.21.1.1 make the Virtual Private Server  available for The Customer to use from the Commencement Date;

2.21.1.2 assign such IP addresses as Easily.co.uk has agreed to provide;

2.21.1.3 provide The Customer with instructions on how to administer the Virtual Private Server  remotely

2.21.1.2 The Customer understands that the processing power of the physical server in which the Virtual Private Server is located is shared with other Virtual Private Server clients of Easily. The Customer understands that this may – in very rare occasions – have an impact on the full utilisation of the Virtual Private Server Service. In addition, the Customer understands that there may be limitations as to software products running on the Virtual Private Server platforms. Easily.co.uk shall make reasonable endeavours to inform and advise the Customer accordingly to ensure optimal usage of the Service.

2.21.1.3 For the avoidance of doubt, the Virtual Private Server Hosting Services exclude:

2.21.1.3.1 any manipulation and/or copying of any data;

2.21.1.3.2 backup of any data stored on the Virtual Private Server (except where specifically purchased from Easily.co.uk or as part of a bundle).

2.21.2 EXCESS USE AND DATA TRANSFER CHARGES:

2.21.2.1 For each gigabyte of data that is transmitted to or from the Customer’s Virtual Private Server  in a month that is in excess of the amount shown on the Order Form for included data transfer, Easily shall charge the Customer an additional fee equal to £1 per gigabyte. Easily will invoice any such excess fee monthly in arrears;

2.21.2.2 Easily reserves the right to suspend any Customer accounts that it should deem, at its sole discretion, are consuming resources in a detrimental manner including, but not limited to, impacting other customer accounts, impacting the overall wellbeing of Easily’s servers or creating any unnecessary load on servers or services

2.21.2.3 The Customer is entitled to reasonable use of the shared Computer Processing Unit (CPU) resource on the host server. Reasonable use is defined as no more than 25% of the available shared CPU resource. In the event that the Customer uses the Customer’s VPS in a manner which over-consumes CPU and that may be detrimental to other Virtual Private Server clients, Easily therefore reserves the right to notify the Customer and request termination of the current Service with Easily.  

2.21.3 SECURITY

2.21.3.1 It shall be a condition of this Agreement that Easily shall ensure that throughout the Term, the Servers are located in an environment that is designed to maintain physical security and environmental control in accordance with best industry practice.

2.21.3.2 Easily shall store Customer Data in a manner which enables it to be easily identified as proprietary to The Customer and independently extracted, copied, transferred or deleted, from any storage media on which it is kept. In addition, Easily shall keep The Customer informed as to the location of such stored Customer Data.    

2.21.3.3 When required Easily may patch the underlying host server and the time taken to install the patching shall be an Excused Outage for the purposes of the Virtual Private Server Services. Easily shall endeavour to contact The Customer prior to such patching and when possible.

2.21.4 FURTHER ASSISTANCE

2.21.4.1 Any additional service that Easily provides to the Customer outside the scope of this Agreement shall be charged on a time and materials basis unless otherwise agreed by the Parties. The hourly rate for such additional services shall be £99 + VAT (office hours) and such additional work shall not under any circumstances be undertaken without the prior written consent by the Customer.

2.21.4.2 Easily will conduct any such ad-hoc professional services that Easily agrees to supply the Customer, with all reasonable skill and care and Easily will use appropriately trained personnel for such services.

2.21.5 OWNERSHIP OF THE VIRTUAL PRIVATE SERVER AND THE IP ADDRESSES

2.21.5.1 The Virtual Private Server belongs to Easily. Nothing in this Agreement is intended or should be interpreted as transferring any ownership or other property right to the Customer.

2.21.5.2 As between the Parties, the IP Addresses Easily has assigned to the Customer belong to Easily. The Customer may not take them with the Customer on termination or expiry of this Agreement.

2.21.5.3 In certain circumstances Easily may need to change the IP Addresses assigned to the Customer.  Easily will endeavour to give the Customer no less than 5 days notice of such change.

2.21.6 INSTALLED SOFTWARE

2.21.6.1 The Customer agrees that the Customer’s use of the Virtual Private Server Software is subject to the Customer Licence Terms that the relevant publisher imposes upon end-users.  If Easily provides Microsoft® products as part of this Agreement, The Customer agree to the Licence Terms that appear at this address:

     http://easily.co.uk/microsoft-terms.html

2.21.6.2 For the avoidance of doubt, nothing in these Specific Terms and Conditions or the relevant Customer Licence Terms gives the Customer the right to install or use the Virtual Private Server Software on any computer system other than the Virtual Private Server for which such Virtual Private Server Software is actually licensed.

2.21.6.3 Easily shall not be liable to the Customer for any loss or damage that is caused directly or indirectly by the Virtual Private Server Software where Easily has performed its obligations under this Agreement and the Virtual Private Server Software has performed in a manner consistent with Easily’s recommendations to the Customer and with good industry practice.

2.21.7 EFFECTS OF TERMINATION OR EXPIRY

2.21.7.1 Upon termination of this Agreement the Customer must ensure that the Customer – within the Roll-Off period – obtains all the data that the Customer requires from the Virtual Private Server (VPS). During the Roll-Off period Easily shall maintain remote administrative access for the Client to the VPS for the Roll-Off Period but public access to the VPS may be barred.

2.21.7.2 Within 2 days following expiry of the Roll-Off Period, Easily will securely erase the storage of each Virtual Private Server.

2.21.7.3 Should the Customer choose to terminate this Agreement prior to its expiry, the Customer will be refunded the sum of the value of the remaining months, however not more than the value of 6 (six) months’ service which shall be maximum refund available for the Customer. In addition, refunds are available only for VPS package purchases including upgraded elements but not for any services where Easily continues to have a financial requirement to vendors for the originally agreed duration of this Agreement.

2.22 The Customer shall be solely responsible for the Customer Site, and the Customer Server (and all material hosted thereon) and all material hosted on the Easily Server and for ensuring that the Customer Server and Customer Site function satisfactorily. The Customer recognises that the use of the Hosting Services, the Dedicated Server services and the Co location Services requires an essential knowledge of matters such as, without limitation, system administration and the languages, software and protocols of the internet.

2.23 If the Customer is paying for Hosting Services on a monthly basis, Easily reserves the right to suspend the Hosting Services in the event of non-payment. If payment is not made within 1 month of suspension, Easily may delete the content of the Customer Site and the Easily Server and will have no further obligation to the Customer in respect of the Hosting Services.

2.24 If the Services are covered by a Service Level Agreement (SLA), the following conditions apply:

2.24.1 Loss of service caused by events described in clause A13 Force Majeure are excluded and may not be claimed for under the SLA;

2.24.2 Any guarantee relating to server re-boot is subject to the limitation described in 2.15.1 above;

2.24.3 The SLA excludes any server or network unavailability due to scheduled maintenance work for which the Customer has been given advance notification;

2.24.4 Claims under the SLA relating to Dedicated Server Services will be limited to the portion of the fees allocated to the Co-location Services;

2.24.5 If the Customer wishes to make a claim under the SLA, the claim must be made in writing within one month of the incident to which the claim relates.

2.24.6 Service Availability Agreement relating to VPS can be found at http://easily.co.uk/vps-service-availability-agreement.html

3 Customer Warranties

The Customer warrants, represents and undertakes:

3.1 that it has the knowledge referred to in clause 2.19. The Customer accepts that it is not the responsibility of Easily to ensure that the Customer has such knowledge or to provide such knowledge or support or assistance and that any assistance that may be given is offered purely on a goodwill basis

3.2 that it will obtain all necessary licenses and consents in respect of any material posted on the Customer Site, email account, Easily Server or Customer Server prior to posting such material;

3.3 that any material posted on the Customer Site, Easily Server or Customer Server or email sent through the Customer email account is not offensive, abusive, indecent, defamatory, obscene, menacing, in breach of confidence, and/or does not infringe the Intellectual Property Rights of any third party or contain a virus or other hostile code or constitute or encourage a criminal offence;  

3.4 that it will not transmit any such material from the Customer Site, Easily Server or the Customer Server nor will it link to any such material from the Customer Site, Easily Server or the Customer Server;  

3.5 that it will not nor will it permit or authorise any other party to use the Easily Server, the Customer Site or the Customer Server in breach of any law or regulation;  

3.6 that it will not nor will it permit or authorise any other party to use the Easily Server, the Customer Site or the Customer Server in any way which is or may be detrimental to Easily;  

3.7 to abide by any limitations imposed by Easily and to keep secure any confidential information provided by Easily including any passwords to use the Hosting Services, the Email Services, Dedicated Server Services or the Co location Services;  

4 Cancellation

4.1 If the Customer is acting as a consumer and not as a business in submitting an Order for any Services, not including Domain Name Services then, pursuant to the Regulations, the Customer may, for a period of seven working days commencing with the day following Easily’s acceptance of the Order, cancel the Contract by giving notice in accordance with clause 18 of Section A of these Conditions and upon cancellation the Customer shall receive a refund of any Fees paid in relation to the Order in question or a credit against any future Order.  

4.2 The Customer accepts that any use of the Services by the Customer will amount to a waiver by the Customer of its right to cancel the Contract under clause 4.1 above.

5 Acceptable Use Policy (AUP)

Investigation and suspension

In the event that the Customer uses Easily's Services for any purpose deemed irresponsible or otherwise inappropriate, Easily reserves the right to suspend the Services during investigation of the Customer's usage in consultation with the Customer. Should investigation determine that the Services have been used irresponsibly or otherwise inappropriately, Easily reserves the right to terminate the Customer's account with immediate effect. Wherever possible, the Customer will be notified in advance of any termination. It should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation. Attempts to circumvent copy protection technology and encryption are equally likely to be illegal under the Copyright Designs and Patents Act 1988 (as amended).

Customer's right to access Easily's network

The Customer shall not obtain or attempt to obtain access, through any means, to areas of Easily's network or the Services which are identified as restricted or confidential. This includes leaving the Customer's home directory whilst using SSH access to servers. The Customer is not allowed to operate or attempt to operate IRC bots or other permanent server processes. Easily does not allow IRC, Eggdrop bots or anything similar on Easily's network. Due to the IRC servers being subject to DOS Attacks, the ports necessary to make IRC work are filtered. If the Customer runs IRC server inside the Easily network, the Customer's account will be terminated without notice. In addition, the following scripts with known security issues are not at any time allowed used through the Services of Easily: UltimateBBS (all versions), Ikonboard (all versions), IRC Eggdrops, Proxy Servers, nph-proxy, The Anonymizer, any soap mailers, CGI-telnet or script that opens a shell session with the server. The list of non-permitted scripts is illustrative and not exhaustive. 

Customer's obligations and liabilities in relation to use of website

The Customer is fully responsible and liable for the use and content any of its websites hosted by Easily. The Customer will therefore be held solely responsible for any defamatory, confidential, or other proprietary material made available through Customer's website. 

In using the website the Customer warrants that to the Customer's best knowledge, neither the registration of the Domain Name nor the manner in which it is directly or indirectly used/intended to be used infringes the legal rights of a third party; the Customer will not knowingly use the Domain Name in violation of any applicable laws or regulations; the Customer will not use the website for any unlawful purpose; the Domain Name carries no debt or any other financial burdens; and the Customer abides by any ICANN and/or Registry adopted policy, including the prohibition/ restrictive use of warehousing or speculation in Domain Names and the sending out of unsolicited mass communication ("spam"). 

Easily reserves the right — without incurring any responsibility or liability — to suspend any sites containing such material with or without prior notice thereof. In addition, Easily reserves the right to suspend any sites due to the Customer's failure to respond to Easily's reasonable queries.

The Customer must use peer to peer networking software with due care and diligence. The Customer must ensure that no material is downloaded or transferred unrightfully or illegally. Login names and passwords must be kept strictly confidential and shall not be communicated to any third party, except for agencies, such as Webpage designers, working on the Customer's behalf, and Easily must be notified immediately if the Customer suspects or is aware that this has been compromised. 

For the avoidance of doubt, Easily is not obliged to monitor, and will have no liability for the use and content of any communications transmitted through use of and by virtue of the Services. If the Customer fails to comply with the Acceptable Use Policy (AUP), Easily shall be entitled to withdraw the Services and terminate the Customer's account without further notice.  

Data back-up and use of bandwidth

It remains the Customer's sole responsibility to suitably back up any data on the website. Easily does not impose quotas for data transfer on new Shared Hosting (Linux Beginner, Linux Advanced and Linux Professional products). The Customer shall not be entitled to use high volumes of bandwidth without the prior written consent of Easily. Easily reserves the right to impose charges for high usage.

6 Amendment

Easily may from time to time amend the Conditions and any such amendment will be displayed at least one month prior to the implementation of the amendment. If the Customer is a consumer it may end this Agreement by written notice at any time up to the date on which the amendment comes into force. Should the Customer place an Order or continue to use the Services following implementation of an amendment it will be deemed to have accepted the amendment.


 D. EASILY SEARCH ENGINE SUBMISSION

This Section D together with Section A of these Conditions constitutes the terms of the Easily Search Engine Submission Service (referred to as the Submission Service).

The Submission Service is provided and maintained by a partner of Easily; Easily reserves the right to change this partner at Easily’s sole discretion and without notice; for the purposes of this section E the words We, Us, Our and Ourselves refer jointly to Easily and the partner selected by Easily to supply this service.

1 Description of Service

The Submission Service comprises submission of the Customer’s web site to the top global and regional search engines every month for the duration of the contract. We reserve the right, at Our sole discretion, to delay this Submission.

2 Customer Obligations

The Customer confirms that it has the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service, (c) to subscribe to and use the Submission Service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service.

3 Limitations on the Customer’s Use of the Submission Service

3.1 We reserve the right in Our sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service in whole or in part, without notice at any time.  

3.2 The Customer may not interfere with or disrupt the Submission Service or Our servers or any network connected to Our servers.

4 License granted to Us by the Customer

We do not claim ownership of the materials provided to Us by the Customer (including feedback and suggestions) or that the Customer posts, uploads, inputs or submits in connection with the Customer’s use of Our service or any Customer Site created by the Customer or on the Customer’s behalf in connection with the use of Our service (collectively "Submissions"). However, the Customer grants Us a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat the Customer’s Submission, and to publish the Customer’s name in connection with the Customer’s Submission) the Customer’s Submission only in connection with the operation and promotion of Ourselves. The Customer also grants Us the right to publish the Customer’s name in connection with any such use. No compensation will be paid or due to the Customer with respect to Us or Our sublicensee's use of the materials as licensed above. We are under no obligation to post or use any materials the Customer may provide, and may remove such materials at any time in Our sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Our Network, the Customer represents and warrants that it owns or otherwise controls the rights necessary to do so and grants Us the license set forth above, and the Customer will defend and indemnify Us and Our suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

5 Limitations

5.1 We reserve the right to alter the number and identity of the search engines to which we submit at any time, as well as the regularity of submission.

5.2 All submissions and reports are based upon information that the Customer has originally supplied or subsequently altered. Under no circumstances therefore can We be liable for any incorrect submissions or delivery of reports. It is the Customer’s ongoing obligation to ensure that the correct URL(s) is / are being submitted and the reports are going to the correct email address.

5.3 The Submission Service is a submission service only and in this respect no guarantees can be given in respect of the placing of the Customer’s web site in the search engines.

5.4 The Customer’s sole remedy with respect to the Submission Service under any and all circumstances will be to terminate the Submission Service and receive a refund of fees paid for the Submission Service.

6 Proprietary Rights

Software License. We hereby grant the Customer a non-exclusive, non-transferable license to use the Software in object code form only on a server controlled by Us for the sole purpose of creating and maintaining Web site data on such server. The Customer is not being granted any right to copy the Software or to use it on computers other than a server controlled by Us. The Customer also acknowledges and agrees that the Software is intended for access and use by means of web browsing software, and that We do not commit to support any particular browsing platform. We reserve the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to the Customer. If any revision or modification to the Software materially changes the Customer’s ability to conduct business, the Customer’s sole remedy is to terminate the Agreement pursuant to the Section regarding termination of service.