INTERNET SERVICES
IRELAND - TERMS OF BUSINESS
IMPORTANT
NOTICE
All
Users of services provided by Internet Services Ireland, by use of such services, accept the
terms of business set out in the form of Service Agreement which follows,
irrespective of the mode or manner of ordering employed by the User when
ordering the services.
This
Agreement is made between us and you as defined in (1) below. The date of this
Agreement is the date you order our services.
1.
DEFINITIONS
In this Service Agreement ("Agreement"), "you" and "your" refer to each customer
("Customer") and "we", "us" and "our" refer to Internet Services Ireland ("Internet
Services Ireland"). This Agreement explains our obligations to you, and your
obligations to us in relation to your use of our services. By selecting Internet
Services Ireland' service(s) you have agreed to establish an account with
us for such services. When you use your account or permit someone else to
use your account to purchase or otherwise acquire access to additional Internet
Services Ireland service(s) or to modify or cancel your Internet Services
Ireland service(s) (even if we were not notified of such authorization), this
Agreement covers any such service or actions. Any acceptance of your application(s)
for our services and the performance of our services will occur at our offices
in Saintfield, Northern Ireland, the location of our principal place of business.
2. ACCURATE
INFORMATION.
As
further consideration for the Internet Services Ireland service(s), you agree to: (1) provide
certain current, complete and accurate information about you as required by the
application process; and (2) maintain and update this information as needed to
keep it current, complete and accurate. We rely on this information to send you
important information and notices regarding your account and our services. In particular you agree that if you fail
to notify us in writing by Royal-mail recorded-delivery post of any change of
address within four weeks of your change of your address then we have the right
to terminate your contract with forthwith without notice to you. Our address for such notifications is
"Address Changes, Internet Services Ireland, 8 Grange Heights, Saintfield, Northern Ireland, BT24 7NN"
3. FEES,
PAYMENT AND TERM OF SERVICE
3.1.
All payments must be in UK Pounds Sterling. If your cheque is returned by the
bank as unpaid for any reason, or if your charge card declines you will be
liable for a administration charge of £25;
3.2
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. Charges
are exclusive of 'Value Added Tax';
3.3
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;
3.4 Domain
name fees are refundable only if you cancel this agreement within 48 hours of
registration. Internet Services Ireland may take all
remedies available to collect fees owed. If you qualify, we may extend
payment terms to you under our Business Credit Program.
3.5. Unless
otherwise specified, each Internet Services Ireland service is for a two-year term
only.
4. DOMAIN
NAME REGISTRATION
New
registrations
4.1
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 to you by
way of invoice sent by surface postal mail (no other method of communication should be
relied-upon!). Any action taken by you before such notification is at your
risk;
4.2.
You agree to check the spelling of domain name(s) thoroughly on our invoices and
any and all correspondence sent to you to ensure that the domain name(s) you
requested is/are spelt correctly is/are registered to the correct party. You
agree to notify us in writing within 48 hours of becoming aware of any mistakes
and you agree that we will not be responsible for any loss or damage that may
arise if you fail to take such action (reference limitation of liability clause
below);
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.
You shall have no right to bring any claim against us in respect of refusal to
register a domain name. Any administration charge paid by you to us shall be
non-refundable notwithstanding refusal by the naming authority to register your
desired name;
4.4
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 and charge you for our reasonable costs and expenses in full. 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;
4.5.
You agree that Internet Services Ireland may list you as "Billing Contact" for your domain
name(s) in which case your invoice will state "Client to pay InterNIC
direct". In these circumstances you
agree to pay your domain name renewal fees direct to Network Solutions Inc
(http://http://www.networksolutions.com/)
when they fall due, unless we notify you otherwise by registered surface
mail. You agree that Internet Services Ireland will
not amend your Billing Contact records with Network Solutions Inc on your
behalf. You agree to keep your
domain name records up to date with Network Solutions, in particular the postal
and email address of your Billing handle and the registrant name and
address. Details of how to do this
are available online at the web site http://www.networksolutions.com
Domain name
Modifications
4.6.
Internet Services Ireland may under certain circumstances accept your request(s) to make
modifications to your Domain Name records on your behalf but we have no
obligation to do so or to notify you that we have received such a request; further our acceptance of your
request(s) to make such changes can only be notified to you in writing by
surface mail (not email) and by no other means; if you fail to receive such an
acceptance by surface mail within fourteen days of making a request you should
assume we are not prepared to carry-out your request and you should contact the
central registrar direct who will perform such modifications on your behalf; if
alternatively we agree to make such changes we reserve the right to charge you
an administrative fee for our services;
4.7
You agree that if you request to transfer a domain name to our services you are
responsible for ensuring that the annual registration fees are paid for the
domain name before and after the transfer takes place, direct to the Central
registrar (or your previous ISP), unless you receive a written invoice from us
for such fees;
4.8
You agree that if you transfer a domain name away from our services to another
Internet Provider, we will not be
responsible for paying any domain name fees or renewal fees unless you
specifically request a partial transfer in writing to us in which case Internet Services Ireland
will continue to receive annual invoices for the domain name(s); in cases where
you request a full transfer away from the Internet Services Ireland service you are responsible
for liaising with the new ISP to make sure that your domain name records have
been amended properly and you keep your new provider up to date with your
address in order that they can invoice you for such fees;
We
will not release or amend any domain name records until full payment for that
domain or web site has been received by us;
4.9.
You agree that Internet Services Ireland may choose to offer to renew your domain name(s) after
the initial term but we have no obligation to do so. Specifically we are under
no obligation to remind you when your domain name(s) need to be renewed, nor to
invoice you renewal fees, nor to pay your domain name renewal fees when they
become due. You agree to find out when your domain names need to be renewed
(your invoice has the term and renewal date(s) ) and to contact us in writing if
you have not received a proforma invoice for your domain name(s) from us within
two weeks of the expiry date(s). You agree to accept responsibility if a domain
name lapses for non-payment as a result of your failure to contact us in writing
by surface mail in these circumstances.
4.10.
If you fail to pay any part of your domain name fees within the agreed credit
terms, or if your payment by charge card is declined, we will have the right to
cancel your domain name, or let it lapse, or at our discretion sell it or assign
it to any other party including ourselves to dispose of as we see fit, without
further notice to yourselves. In these circumstances you authorise us to act as
your agents in removing your details from the domain name
records.
4.11. We make no representation that we can secure any new domain name type for you or that any request to pre-register such a new domain name type will be submitted by us for registration, or that your request will be submitted before any other request
Multilingual domain name
customer program agreement
This
agreement (the "Agreement") is made and entered into as of the date Internet Services Ireland
accepts your application to participate in the Internet Services Ireland Multilingual Domain name
Customer Program Agreement (the "Program") and notifies you of such acceptance
(the "Effective Date"). In this Agreement, all references to "you", "your" or
"Customer" mean the entity participating in the Program. Notwithstanding
anything contained herein to the contrary, you acknowledge and agree as
follows:
4.12 (a)
MDN and the underlying encoding schemes, protocols and other technologies that
enable MDN's to function on the internet, are currently experimental and have
not necessarily been approved by Internet standard setting bodies, including and
without limitation to the Internet Engineering Task Force, the Multilingual
Internet Names Consortium, and the Internet Architecture Board. Internet Services Ireland is
currently making MDN registration services available to you as part of our
participation in a test bed ("Test Bed") being conducted by Verisign Global
Registry Services, the central registry of second level domain names ending in
the .com, .net and .org Top Level Domains. The test bed is being conducted for
the purpose of testing proposed standards for the deployment of MDN technology
and to provide operational experience with those proposed standards.
4.13
Internet Services Ireland EXPRESSLY DISCLAIMS ANY WARRANTY THAT CURRENT OR FUTURE ENCODING
SCHEMES PROTOCOLS AND OTHER MDN-ENABLING TECHNOLOGIES, WHETHER PROVIDED BY
Internet Services Ireland OR OTHERWISE WILL BE APPROVED BY INTERNET STANDARD-SETTING BODIES OR
OTHERWISE SUCCESSFULLY DEPLOYED. Internet Services Ireland EXPRESSLY DISCLAIMS ANY WARRANTY THAT
THE TEST BED WILL CONTINUE OR THAT Internet Services Ireland' MDN REGISTRATION SYSTEM WILL
INTEROPERATE PROPERLY WITH THE CURRENT OR FUTURE TEST BED OR THE MDN-ENABLING
TECHNOLOGIES OF OTHERS.
4.14
(b) Customer shall assume all risks inherent in the experimental nature of this
service and the technologies supporting it. The encoding schemes, protocols, and
other MDN-enabling technologies are not within Internet Services Ireland' control as MDN
registrar and are subject to change without notice. Customer assumes all risks
that such changes may impair or prevent its ability to use the MDN registered by
it or its customer. Customer further understands and agrees that Internet Services Ireland, as a
MDN registrar, may interrupt or deny MDN registration services to Customer,
temporarily or permanently, as a result of such changes. Customer further
assumes all risks that the Internet addressing system will not recognize an MDN
the customer has registered or otherwise will mot enable such MDN to function as
an Internet address.
4.15 (c)
Internet Services Ireland, as a MDN registrar, may, but shall not be obligated to, make any and
all modifications to, an MDN registration, including without limitation changing
the MDN's ASCII-based translation, that we deem necessary or appropriate for the
purpose of bringing an MDN registration into conformance with evolving technical
standards. Such modifications may be made without notice to the customer. In the
event Internet Services Ireland, as MDN registrar, elects to make such modifications Customer
agrees to hold Internet Services Ireland harmless from any claims, liabilities or demands arising
from such modifications. Before registering an MDN, Internet Services Ireland strongly recommends
that Customer reviews and becomes familiar with the "Multilingual Domain Name
Position Paper" published on the web site of Internet Services Ireland, currently located at the
following URL: http://symbols.Internet Services Ireland.co.uk/
4.16 (d)
Customer specifically acknowledges and agrees that a MDN shall be considered a
domain name for purposes of the Domain Name Dispute Policy and the provisions
relating thereto in this Amendment. Notwithstanding anything to the contrary
contained in the Domain Name Dispute Policy, Company agrees that during the Test
Bed Internet Services Ireland, in its capacity hereunder, may terminate Customer's registration
of MDN's in Internet Services Ireland' sole discretion without notice to you of, within 45 days
of Customer's registration, Internet Services Ireland receives a formal written objection to the
registration by any legitimate authority, including without limitation a
trademark owner of governmental entity. Internet Services Ireland' right of termination under
this provision shall continue until such time as: (1) Internet Services Ireland publicly
announces that the Test Bed is complete; l and (2) Internet Services Ireland determines in its
sole discretion that all the encoding schemes, protocols and other MDN-enabling
technologies that are used to provide MDN registration services have been
approved by appropriate standard-setting bodies/
5.
WEB SITE HOSTING, email and dial-up
5.1.
Description of Services. Internet Services Ireland facilities allow you to send and receive
electronic mail via the Internet and publish web site(s) on the World Wide
Web. You must: (1) provide all
equipment, including a computer and modem necessary to establish a connection to
the Internet; and (2) provide for your own connection to the Internet and pay
any telephone service fees associated with such connection. Internet Services Ireland has set no
fixed upper limit on the number of messages you may send or receive through the
mail service or for the data you can upload to your web site(s) or the number of
web sites you can browse using our dial-up; however, Internet Services Ireland retains the right,
at Internet Services Ireland' sole discretion, to restrict the volume of messages transmitted or
received by you, or uploaded by you to your web site(s) in order to maintain the
quality of our services to other customers and to protect our computer systems.
We, in our sole discretion, will determine whether or not your conduct is
consistent with this Agreement and any Internet Services Ireland operating rules or policies and
may terminate your mail service if your conduct is found to be inconsistent with
this Agreement or such rules or policies.
5.2.
Internet Services Ireland web space facilities allow you to publish web sites to the Internet or
World-wide-web. If you are designing and publishing the web site yourself you
must obtain suitable web design software (by purchase if necessary) and FTP
upload software (by purchase if necessary). Note that some web design packages
contain FTP upload software. Internet Services Ireland has no obligation to provide or recommend
such software.
Internet Services Ireland
POP3 email facilities allow you to store email messages on our servers. To
receive this email you must connect to the Internet and use suitable POP3
software (e.g. Microsoft Outlook Express), which you may have to purchase if
necessary. Internet Services Ireland has no obligation to provide such or recommend such
software.
5.3.
In order to use the email and web services we must host your domain name
records. If you transfer your domain name records to a third party in
conjunction with a live web site or for any other reason or allow your domain
name registration to expire, you will no longer be able to use the email and web
services. We will not refund the fees you paid for our web or email services if
you elect to transfer your domain name record to a third
party.
5.4.
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;
5.5. You must keep current backups of any
data posted to our servers. You shall effect and maintain adequate insurance
cover in respect of any loss or damage to data stored on the
Server;
5.6
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;
5.6.1 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 authorise or permit any other person to do so;
5.6.2
you will not post, link to or transmit
(a) any material which is
unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic,
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;
5.7 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 unauthorised
use of your
account or breach of security, including loss, theft or
unauthorised disclosure of your password or other security
information;
5.8 You shall observe the procedures which we may from time
to time prescribe and shall make no use of8 the Server which is detrimental to
our other customers;
5.9 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;
5.10. Any access to other networks connected to Internet Services Ireland must
comply with the rules appropriate for those other networks This specifically.
but not exclusively, includes NetKonect, Inweb and PSI Net;
5.11 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 unauthorised users
or hackers and we shall be under no liability for non-receipt or misrouting of
email or for any other failure of email;
5.12.
Our email forwarding services are free of charge and should not be relied on for
business purposes or for any purposes where a failure of such services would
result in loss or damage of any kind.
5.1.3
Pornography and sex-related merchandising are PROHIBITED on any
Internet Services Ireland server.
5.1.4.
Spamming, or the sending of unsolicited email, from a Internet Services Ireland server or using
an email address that is maintained on a Internet Services Ireland machine is STRICTLY
PROHIBITED.
6.
SERVICE AVAILABILITY
6.1.
Our
email and web services are subject to scheduled and unscheduled outages which
will impact your ability to use our services. We will use commercially reasonable
efforts to restore the service after any unscheduled outages.
6.2 We shall not, in any event, be liable
for interruptions of Service or down-time of the Server;
6.3 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 30 days
you will be notified of the reason;
6.4 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;
7.
INTELLECTUAL PROPERTY RIGHTS
You
shall obtain any and all necessary consents and clearances to enable you
lawfully to make use of all and any intellectual property rights through the
Services, including without limitation, clearance and/or consents in respect of
your proposed domain name;
8.
INDEMNITY
You shall indemnify us and keep us indemnified and hold us harmless from
and against any breach by you of these terms of business and any claim brought
against us by a third party resulting from the provision of Services by us to
you and your use of the Services and the Server including, without limitation,
all claims, actions, proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses), howsoever suffered or incurred
by us in consequences of your breach or non-observance of this Agreement;
9.
TERMINATION
Without
in any way limiting our rights under subclause 5.3
9.1 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;
9.2 if you
break any of these terms and conditions and you fail to correct the breach
within thirty (30) days following written notice from us specifying the breach,
we may terminate this Agreement forthwith upon written notice;
9.3 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 terminate this
Agreement forthwith without notice to you;
9.4 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. We shall be entitled
to delete all such data but we may, at our discretion, hold such data for such
period as we may decide to allow you to collect it at your expense, subject to
payment in full of any amounts withstanding and payable to us. We shall further
be entitled to post such notice in respect of the non-availability of your Web
Site as we think fit;
10.
LIMITATION OF LIABILITY
10.1
All conditions, terms, representations and warranties relating to the Services
supplied under this Agreement, whether imposed by statute or operation of law or
otherwise, that are not expressly stated in these terms and conditions
including, without limitation, the implied warranty of satisfactory quality and
fitness for a particular purpose are hereby excluded, subject always to
subclause 10.2;
10.2 Nothing in these terms and conditions shall exclude
our liability for death or personal injury resulting from our
negligence;
10.3 Our total aggregate liability to you for any claim in
contract, tort, negligence or otherwise arising out of or in connection with the
provision of the Services shall be limited to the charges paid by you in respect
of the Services which are the subject of any such claim;
10.4 In any
event no claim shall be brought unless you have notified us of the claim within
one year of it arising;
10.5 In no event shall we be liable to you for
any loss of business, contracts, profits or anticipated savings or for any other
indirect or consequential or economic loss
whatsoever;
11.
NOTICES
Any notice to be given by you to us must be sent by recorded delivery to
us at the address appearing in this Agreement or ancillary application forms or
such other address as we may from time to time have communicated to the you in
writing; notices sent shall be deemed to be served two days following the date
of posting;
12.
LAW
This Agreement shall be governed by and construed in accordance with
English law and you hereby submit to the non-exclusive jurisdiction of the
English courts.
13.
PRIVACY
Our privacy
statement, located on our Web site at http://www.Internet Services Ireland.com
and incorporated herein by reference sets forth your and our rights and responsibilities
with regard to your personal information. You agree that we, in our sole discretion,
may modify our privacy statement. We will post such revised statement on our
Web site at least thirty (30) calendar days before it becomes effective. You
agree that, by using our services after modifications to the privacy statement
become effective, you have agreed to these modifications. You acknowledge
that if you do not agree to any such modification, we have the right to terminate
this agreement forthwith
without notice to you. We will
not refund any fees paid by you if you terminate your Agreement with us. We
will not process the personal data that we collect from you in a way incompatible
with the purposes and other limitations described in our privacy statement
and we will take reasonable precautions to protect your personal data from
loss, misuse and unauthorized access, disclosure, alteration or destruction.
You represent and warrant that you have provided notice to, and obtained consent
from, any third party individuals whose personal data you supply to us as
part of our services with regard to: (i) the purposes for which such third
party's personal data has been collected, (ii) the intended recipients or
categories of recipients of the third party's personal data, (iii) which parts
of the third party's data are obligatory and which parts, if any, are voluntary;
and (iv) how the third party can access and, if necessary, rectify the data
held about them. You further agree to provide such notice and obtain such
consent with regard to any third party personal data you supply to us in the
future. We are not responsible for any consequences resulting from your failure
to provide notice or receive consent from such individuals nor for your providing
outdated, incomplete or inaccurate information. Even if you intend to license
the use of our domain name registration services to a third party, you will
remain our customer and you are responsible for complying with all terms and
conditions of this Agreement. Subject to the requirements of our privacy statement,
in order for us to comply the current rules and policies for the domain name
system, you hereby grant to Internet Services Ireland the right to disclose
to third parties through an interactive publicly accessible registration database
the following mandatory information that you are required to provide when
registering or reserving a domain name: (i) the domain name(s) registered
by you; (ii) your name and postal address; (iii) the name(s), postal address(es),
e-mail address(es), voice telephone number and where available the fax number(s)
of the technical and administrative contacts for your domain name(s); (iv)
the Internet protocol numbers of the primary nameserver and secondary nameserver(s)
for such domain name(s); (v) the corresponding names of those nameservers;
(vi) the original creation date of the registration; and (vii) the expiration
date of the registration. We, as are all accredited domain name registrars,
are also required to make this information available in bulk form to third
parties who agree not to use it to (a) allow, enable or otherwise support
the transmission of mass unsolicited, commercial advertising or solicitations
via e-mail (spam) or (b) enable high volume, automated, electronic processes
that apply to our systems to register domain names.
14.
HEADINGS
Headings are included in this Agreement for convenience only and shall
not affect the construction or interpretation of this
Agreement.
15. ENTIRE
AGREEMENT
These
terms and conditions together with any documents expressly referred to in them,
contain the entire Agreement between us relating to the subject matter covered
and supersede any previous Agreements, arrangements, undertakings or proposals,
written or oral: between us in relation to such matters No oral explanation or
oral information given by any party shall alter the interpretation of these
terms and conditions. In agreeing to these terms and conditions, you have not
relied on any representation other than those expressly stated in these terms
and conditions and you agree that you shall have no remedy in respect of any
misrepresentation which has not been made expressly in this
Agreement.
16.
RESELLER TERMS AND CONDITIONS
5.1 If
you are or become a reseller of our Services you will continue to be bound by
these terms and conditions; you will be responsible for ensuring that your
customers are bound by terms and conditions that adequately reflect and give
effect to these;
5.2 You shall not incur or purport to incur on our
behalf any liability nor in any way pledge or purport to pledge our credit or to
make any contract binding on us;
5.3 No default by your customers shall
in any way affect, modify or limit your obligations under this
Agreement;
5.4. You agree that if you fail to pay for any service by the expiry date we have the right to terminate this contract with you forthwith without notice to you and approach the end-user(s) of such services direct, as we see fit, in order to attempt to obtain payment from them;
5.5.
You agree that if your client approaches us direct and instruct us then we have
the right to terminate our agreement with you in respect of that client's
services and establish a new contract with them without notice to
you;