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terms and conditions for domain names

Terms and conditions for domain namesFor all .uk domain name registrations you are also entering into an agreement with Nominet UK, who administer the .uk namespace. Their terms and conditions can be found at http://www.nominet.org.uk/nominet-terms.html.

For all global domains you are also entering into an agreement with Bulk Register, a registrant accredited by ICANN (Internet Cooperation for Assigned Names and Numbers) for domains e.g. under the top level domains “.com”, “.net”, “.info” and “.org”.

1 Subscriber agreement
1.1 IMPORTANT: YOU AS A CUSTOMER ARE RESPONSIBLE TO MAKE SURE THAT YOUR DOMAIN NAME IS CORRECTLY AND SUCCESSFULLY REGISTERED BY EXTERNALY VERIFING THE REGISTATION. YOU ARE ALSO RESPONSIBLE FOR THE RENEWAL OF YOUR DOMAIN NAME. GIACOM WORLD NETWORKS LIMITED ACCEPTS NO RESPONSIBILITY FOR THE REGISTRATION OF DOMAIN NAMES OR THE RENEWAL OF DOMAIN NAMES AND SUBSEQUENT LOSS OF BUSINESS OR RELATED LIABILITY RESULTING IN A DOMAIN NAME NOT BEING REGISTERED OR RENEWED.
1.2 These Terms and Conditions constitute an agreement between you and Giacom World Networks Limited for use of the Domain name registration Service. For clarification, the domain name registration at Giacom is a service by Giacom World Networks Limited.
1.3 You should read these terms carefully. By completing the registration request, you will be deemed to accept these terms and conditions and will comply with all related policies, including our data protection policy and abuse policy. When we have processed your online sign-up registration and received any Fees that are due from you, we will then aim to provide you with the relevant Service(s). The right to use the Service(s) is personal to you and you must advise us if you suspect that someone is using your account or has knowledge about your personal details.
1.4 These Terms and Conditions apply to the use by you of the Giacom World Networks Limited on-line information, communication and other services provided by Giacom World Networks Limited (the “Domain Name registration”), the different payment and connectivity options (the “Access Options”), and access to information and services provided by third parties (the “Third Party Service(s)”) and the user of the software program(s) (the “Software”) and any associated documentation which may be included in the delivery that you, the end user, are now taking into use.

2 Definition
2.1 In our terms and conditions we use words that have specialised meanings. Below are some of the most common of those words and their meanings. We strongly suggest that you view these meanings whilst reading through these terms and conditions.
2.1.1 ‘We’, ‘us’ or ‘Giacom’ refer to Giacom World Networks Ltd. trading as Giacom. Our address is PO Box 187, Kingston upon Hull, HU9 1XT. Our company registration number is 0381447
2.1.2 ‘Service(s)’ refers to the domain name registration Service(s) that you have chosen to select at the time of sign up online.
2.1.3 ‘Fees’ refers to those charges we make for the Service(s). The Fees are determined by the Service(s) that you have decided to purchase.
2.1.4 ‘Who-Is’ refers to the database held by the domain registrar holding the definitive domain registrant information. For instance, .uk domains are held in the Nominet Who-Is database, and global domains, such as .com or .net, are normally held on the Bulk Register or InterNic database. It is the customer’s responsibility, however, to identify the corresponding Who-Is database for their domain.

3 The service
3.1 Giacom will endeavour to register domain names in the customer’s name or company name, as described at on the Giacom website.
3.2 The duration of the contract with Giacom depends on the length of the registration period, as witnessed in the electronic registration procedure; it will terminate automatically if you do not renew the domain registration in the end of the paid period. The contract can be can be terminated earlier by you or us in accordance with paragraph 12 and 13.
3.3 It is the responsibility of the customer to renew the domain name(s). Giacom World Networks Limited accepts no responsibility for the renewal of the domain name(s) and subsequent loss of business or related liability resulting in a domain name not being renewed.
3.4 PLEASE NOTE THAT YOU DO NOT HAVE A RIGHT TO CONACEL THIS AGREEMENT UNDER THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATION 2000.

4 Registration
4.1 Domain names are registered for the period specified at the time of registration, and are renewable by you on or before the end of the initial paid-for period, at the then current renewal rates, as published in the domain Who-Is database.
4.2 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 you requested domain name(s) until you have checked the domain has been registered with the correct start and end dates in the appropriate Who-Is database. Any action taken by you before such notification is at your risk.
4.3 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.
4.4 You shall have no right to bring any claim against Giacom World Networks Ltd in respect of non-registration of a domain name. Any administration charge paid by you to us shall be returned should the domain not be registered or renewed.
4.5 We shall not release any domain to another provider unless full payment for that domain has been received by us and written authorisation has been given by you, please see paragraph 12.2.

5 Start of contract
5.1 This agreement will start when you submit your registration form to us on-line, after renewal by us, or after giving your details, for domain name registration purpose, over the phone to one of our staff.

6 Provision of the Service
6.1 Giacom World Networks Limited promise to provide you with a standard you would expect from a competent Domain name registrar.
6.2 We cannot guarantee that the Domain name registration Service(s) will be performed entirely without fault but we will endeavour to correct reported faults as soon as it is reasonably possible. Therefore it is important for you to make sure that your registration gone through properly at the time of registration. If a fault occurs you should report the fault to the Technical Help Desk by telephone or email to support@giacom.net
6.3 Giacom World Networks Limited may temporarily suspend the whole or any part of the Domain name registration Service(s) for any reason at its sole discretion, such as repair, maintenance, improvement or because of an emergency. We will restore the Service(s) as soon as reasonably possible after any such temporary suspension. We may vary the technical specification of the Service(s) from time to time.

7 Usage Policy
7.1 The Services allow you to register one or more domain names, to use actively or just leave passive.
7.2 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.

You agree that the Service(s) will not be used in any way to:
7.2.1 publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;
7.2.2 threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
7.2.3 engage in illegal or unlawful activities through the Service(s);
7.3 Giacom World Networks Limited reserves the right in its sole discretion, but will not be obligated, to remove any content from its system. Giacom World Networks Limited will fully co-operate with all applicable law enforcements authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity of which we become aware.
7.4 If we become aware that you are using the Service(s) to perform any of the activities listed in paragraph (7.2.1-7.2.3 above) we shall enforce the applicable terms in its agreement with you and shall use all best endeavours to stop you from doing so.
7.5 You should not seek to resell the Service(s) to a third party or other customers of Giacom World Networks Limited.

8 Password
8.1 We will provide you with a username and password. These must be kept secret. You must contact us immediately if you think that anyone else knows it.
8.2 In the event of any suspected security breach, we reserve the right to suspend or change your password. If that happens, we will notify you of this as soon as we reasonably can.
8.3 You must provide accurate information in your online registration form and inform us immediately if there are any changes to that information. Regarding .uk domain names changes of personal details needs to be sent to Nominet UK on a pre sent form.

9 Security
9.1 We will endeavour to ensure that any materials which we supply to you will be free from viruses and corrupt files but we cannot guarantee this. If we discover any defect we will inform you as soon as reasonably practicable.

10 Data protection policy
10.1 We take your privacy very seriously. We will only use the information we have regarding you in accordance with Data Protection legislation and in accordance with consents you grant us from time to time. You acknowledge that we may use your information for statistical and internal marketing purposes and in order that we can provide the service to you.
10.2 We will comply with the Data Protection Act 1998 and any other applicable data protection legislation. By registering for the Service you consent to our using and/or disposing your personal information for the following purposes:
10.2.1 Providing, or arranging for third parties to provide, help desk facilities which may be available to you which may involve disclosing your personal information to third parties solely for those purposes;
10.2.2 Providing, or arranging for third parties to provide, and additional services you request from us;
10.2.3 As required or permitted by law from time to time
10.3 Please note that we may record your telephone calls to us and we will keep a record of your personal data you have provided to us or which we have legitimately obtained in registered your domain name.

11 Payment
11.1 You agree to pay the Fees for the domain name registration you select and understand the importance of these being paid on time. The minimum contract is the minimum time of the domain name you have chosen, e.g. the minimum for a .co.uk is 2 years and a .com is one year.
11.2 You agree to pay any fees for any additional services selected by you that may be levied for that service.
11.3 Payment can be made by credit card or debit card (Visa, MasterCard, Switch and Solo), we do not accept Visa Electron. We also accept payment by cheque.
11.4 The registration fee is paid in advance, at the same time you register or renew.
11.5 You understand and agree that if you fail to renew your domain name registration in the end of the period you will be liable for the loss of your domain name. WE DO NOT AUTOMATICALLY RENEW A DOMAIN NAME - IT IS YOUR RESPONSABILITY TO RENEW YOUR DOMAIN NAME.
11.6 Giacom World Networks Limited reserves the right to change the fees of the domain name registration at any time.
11.7 All transactions are subject to UK VAT at the rate of 17.5%
11.8 We will not be responsible for any costs you incur as a result of your relationship with other domain name registrars.

12 Cancellation
12.1 You may have the right to move away from Giacom World Networks Limited:
12.1.1 You may move away from us during the registered period by written confirmation by sending a company headed fax or a company headed letter, signed by account holder or authorised person.
12.1.2 To cancel a domain name during the registered time period a written confirmation is needed by sending in a company headed fax or a company headed letter, signed by account holder or the authorised person.
12.1.3 Without prejudice to our right of termination for any breach by you of these terms and conditions, we may also suspend provision of the Service(s) if you are or we reasonably believe that you may be in breach of these conditions, until you cease to be in breach, or pending investigation into any suspected breach. If an investigation subsequently shows that you are in breach of any applicable policies and/or these terms and conditions, we reserve the right to terminate our contract and recover from all your costs that may have been incurred as a result of the breach.

13 Suspension and Termination
13.1 Giacom World Networks Limited may, in addition to any other remedies it may have, at its sole discretion and without notice terminate or suspend the domain name registration service.
13.2 We can terminate this Agreement upon immediate notice at any time if you provide Giacom World Networks Limited with false information or breach any of this Agreement.
13.3 Without prejudice to our right of termination for any breach by you of these terms and conditions, we may also suspend provision of the Service(s) if you are or we reasonably believe that you may be in breach of these conditions, until you cease to be in breach, or pending investigation into any suspected breach. If an investigation subsequently shows that you are in breach of any applicable policies and/or these terms and conditions, we reserve the right to deactivate your account, terminate our contract and recover from you all costs that may have been incurred as a result of the breach.
13.4 We may at our sole discretion immediately suspend or terminate this Agreement or suspend the provision of the Services in the event that:
13.4.1 We are directed by any competent authority to cease the provision of the Services or any part of it; or
13.4.2 You use the Services in breach of paragraph 7, 8, 14 or 16;

14 Copyright
14.1 The content on the Domain name registration service is protected as a collective work under applicable copyright law. The copying, redistribution, or publication by you of any content is prohibited.
14.2 Except, as expressly provided by copyright law, copying, redistribution, or publication must be with the express permission of Giacom World Networks Limited or the relevant copyright owner, if other than Giacom World Networks Limited. Permission must be specified on-line or obtained directly from us or the relevant copyright owner, if other than Giacom World Networks Limited. Unless otherwise provided, any authorised copying, redistribution, or publication of copyrighted material must be for your own private and personal use and not for any commercial purposes and any changes to or deletions of author attribution or copyright notice is prohibited.

15 Liability
15.1 Except as expressly provided in these terms and conditions and to the extent permitted by law Giacom World Networks Limited excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any on-line content and the value and integrity of products and third party service(s) offered by third parties. You acknowledge that Giacom World Networks Limited accepts no responsibility for the registration of domain names or the renewal of domain names and subsequent loss of business or related liability resulting in a domain name not being renewed.
15.2 Giacom World Networks Limited shall not be liable for any direct, indirect or consequential damages whatsoever including, without limitation, damages or losses relating to business profits, lost savings, business interruption, or other pecuniary loss arising out of the use of the Service, even if we or the other party or person has been advised of the possibility of such damages.
15.3 To the extent permitted by law, our liability to you will not exceed £300
15.4 Each provision of this paragraph 15, excluding or limiting liability operates separately. If any part is held by a court to be unreasonable or inapplicable, the other party will continue to apply.

16 Indemnity
16.1 You warrant that your use of the Service(s) or other Third Party Service(s) may only be for lawful purposes and within the scope of these Terms and Conditions.
16.2 You warrant that your use of the Service(s) will not violate any law, regulation or treaties and that such use will not be in breach of the intellectual property rights of any person.
16.3 You shall indemnify and hold harmless Giacom World Networks Limited against all claims, liabilities, losses, damages, costs and expenses incurred or suffered by us (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) by reason of a breach by you of any of your obligations set out in these Terms and Conditions.

17 Variation of terms and conditions
17.1 Giacom World Networks Limited may modify these terms and conditions, and may discontinue or revise any aspect of the Domain name registration service at any time, such modifications becoming effective immediately upon posting of notice on the Giacom World Networks Limited website.

18 Law and Jurisdiction
18.1 These terms and conditions shall be governed by and construed by the laws of the United Kingdom and any disputes shall be exclusively resolved within the jurisdiction of the courts of the United Kingdom.

19 Force Majeure
19.1 Neither party will be liable to the other for any failure to deliver the domain name registration service(s) or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to, failure of a third party telecommunications provider, lightning, exceptionally severe weather, fire, explosion, war, riots, industrial disputes, acts of terrorism, government action or regulation or national or local emergency.

20 General Provisions
20.1 We may assign, sub-contract or otherwise deal with our rights or obligations under this Agreement without giving you notice beforehand. You may not assign, sub-contract, sell or transfer your rights or obligations under this Agreement.

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