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Where the context admits: "We" includes Xstatic Media, or any party acting on Xstatic Media's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement.

By using our services you agree to be bound by our terms and conditions below:

1. Domain Name Registration

1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name.

1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

1.4 We reserve the right to charge an admin fee no greater then  £25 per request for amendments to Domain Names no longer hosted by us

2. Web Site Hosting And Email

2.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

2.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.

2.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

2.3.2 you will not post, link to or transmit:

(a) any material which is unlawful, threatening, abusive, malicious, defamatory, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

2.3.3 you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.

2.3.4   Any attempt to undermine or cause harm to a server, or customer, of Xstatic Media is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. No IRC related software is permitted on our servers. This includes servers, bots, bouncers, or any other software that is used for the purpose of creating, maintaining, or providing access to IRC servers or channels. Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination without notice.

2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, or illegal MP3 content (i.e. you may only upload MP3's if you own the copyright

2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

2.7 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.8 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

2.9 Any access to other networks connected to Xstatic Media must comply with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

3. Affiliates

3.1 We reserve the right to remove an affiliate account if it is found that the said affiliate has conducted any of the following activities: the sending of unsolicited email (aka spam/spamming), bulk off-topic advertising / posting to newsgroups, performed an action that could or has damaged our business reputation, or the reputation of any companies / businesses connected with Xstatic Media.

3.2 We reserve the right to increase / decrease commissions and percentages to our affiliates at any time without reason, and to remove the affiliate scheme altogether at any time.

3.3 Affiliates commission is calculated in $US (US DOLLARS) but paid by cheque in  £UK (UK POUNDS)

3.4 Affiliates will receive their commission when they have built up a balance of $100 or more. When this amount is reached, their cheque will be posted to them within 10 working days.

3.5 If a commission cheque is returned due to incorrect postage details then any additional bank / admin charges will be deducted from the affiliates commission before it is resent to a corrected address.

4.Web Site Hosting Service Availability

4.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

4.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.

4.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

5.Web Site Hosting Payment

5.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.

5.2 Payment is due each month or year until closure notice is given. If you choose to pay by credit or debit card you authorize Xstatic Media's credit card / debit card processing (Paypal) to debit your account renewal fees from your card.

5.3 All payments must be in either $US (US dollars),  £UK (UK pounds) or Euro.

5.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

5.5 If you pay yearly we will deduct 10% from the 12 months fee

6. Web Site Hosting Termination

6.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

6.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

6.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.

6.4 Refunds will be given at the discretion of the Company Management including refunding of upfront yearly fees

6.5 We reserve the right to suspend the Services and/or terminate this Agreement / your account at any time with no notice or reason.

6.6 You may cancel the Services at any time. Cancelling payments (FuturePay) to us on monthly paid plans will result in the immediate suspension of the service(s). For annually paid plans the account will be suspended at the end of the 12 month period. Partial refunds will only be given on annual plans.

6.7 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

7. Web Site / Company Logo Design Services

7.1 Amendments to any logo will incur a fee, except in circumstances where we have made an error

7.2 We will deliver your logo via email within 5 working days or 2 working days if you choose our rush service

8. Web Site Submission Services

8.1 No refunds will be given on submission services

9. Web Site Design Services

9.1 No work will start on the design of a website until: i) we have received full payment, ii) we have received all requested information from the customer such as: text for the web pages etc.

9.2 Once work has started on the design we will only refund a percentage for work uncompleted if a refund if requested.

10. Resellers

10.1 Resellers may cancel their account at anytime by emailing us with their account number, username and password.

10.2 Additional reseller resources are only available in units, as per our website.

10.3 The reseller will be responsible for their customers and must ensure that their customers do not break any parts of our terms and conditions.

10.4 If a resellers customer is found to be sending unsolicited email (aka spam) the reseller must warn the customer that if this is repeated their account will be terminated. If a reseller allows such actions to continue, we have the right to remove the offending customer.

10.5 If a reseller fails to pays for any reseller unit we reserve the right to suspend the resellers account and stop their customers from using our resources.

10.6 We will not be held liable for the actions of our resellers.

10.7 Resellers must act in a professional business manner at all times.

10.8 A reseller may sell their customers to us at a price we set.

10.9 Resellers must not create web hosting packages that contain features that we do not offer.

11. Adult website hosting

11.1 We do not under any circumstances allow adult content that contains any person under the age of 18.

11.2 Adult hosting customers agree for us to check their content on a daily basis to protect against underage and / or illegal content.

11.3 Any customer found to be hosting underage and / or illegal content i.e., child porn will have their account terminated immediately with no refund and the offending content will be passed to the Police/FBI on ALL occasions.

11.4 Adult hosting is charged at   £2.50 per 1,000 MB's of monthly transfer for over quota bandwidth

12. Credit / Debit Card Chargebacks

12.1 If a services have been used and the customer requests their bank to recall the payments made (sometimes called a chargeback) then legal action will be taken against the customer to recover such payments in all circumstances.

12.2 All actions of fraud are automatically reported to the police.

12.3 Any cases of underage porn on our servers will automatically be reported to the police and we will work with such bodies to ensure that legal action is taken against you. We will never tolerate such actions.

13. This agreement

13.1. By performing any transactions on this web site you agree to these terms and conditions.