Consumer Terms & Conditions

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Table of contents

General Provisions

These conditions only apply to Consumers. A “Consumer” is a natural person (ie not a company) whose activity is outside of his or her trade, business or profession. In these terms and conditions "you" and "your" refer to each customer and its agents, including each person listed in your account information as being associated with your account, and the terms “Register365”, "we" "us" and "our" refer to Namesco Ireland Limited (trading as Register365). Register365 is part of the Namesco Ireland/Dada group of companies.

These terms and conditions, our Acceptable Use Policy and Refund Policy, all of which are accessible on our website at www.register365.com/legal.html and the order form on our website at www.register365.com comprise the agreement between you and us ("Contract"). This Contract explains our obligations to you and your obligations to us in relation to the service(s) you purchase. Customers purchasing .XXX Domain Names also agree to be bound by The Registration of .XXX Domain Names which is accessible at http://www.register365.com/info/terms/xxx-domain-terms. This Contract explains our obligations to you and your obligations to us in relation to the service(s) you purchase.

  1. Scope of Agreement and changes to the terms and conditions
    1. Sections 1 to 14 of these terms and conditions apply to any of our services that you purchase ("General Provisions").
    2. In addition to the General Provisions:
      1. Schedule A applies specifically to our Domain Name Registration services,
      2. Schedule B applies specifically to our Email services and web mail services,
      3. Schedule C applies specifically to our Website Hosting services,
      4. Schedule D applies specifically to our SiteMaker service,
      5. Schedule E applies specifically to our Ecommerce service,
      6. Schedule F applies specifically to our Cloudsite Service,
      7. Schedule G applies specifically to our Office 365 Service,
      8. Schedule H applies specifically to our SiteLock Service,
      9. Schedule I applies specifically to our KickStart Service,
      10. Schedule J applies specifically to our AppMaker Service,
      11. Schedule K applies specifically to our Build Me A Website Service,
      12. Schedule L applies specifically to our cPanel Backups Service,
      13. Schedule M applies specifically to our Apache Backups Service,
      14. Schedule N applies specifically to our Website Builder Backups Service.
    3. DUE TO THE NATURE OF THE SERVICES, YOU AGREE THAT IF WE ACCEPT YOUR ORDER WE MAY START PROCESSING YOUR REQUEST IMMEDIATELY FOLLOWING YOUR DESPATCH OF YOUR REQUEST AND YOU THEREFORE AGREE AND ACKNOWLEDGE THAT YOU WILL NOT BE ABLE TO EXERCISE ANY RIGHT YOU MAY HAVE UNDER LEGISLATION RELATING TO DISTANCE SELLING (FOR EXAMPLE WHERE A CONTRACT IS ENTERED INTO VIA A WEBSITE, EMAIL, TELEPHONE OR OTHERWISE WHERE THE CONTRACT IS NOT ENTERED INTO FACE TO FACE) TO CANCEL YOUR REQUEST WITHOUT LIABILITY UNDER THE CONTRACT. HOWEVER YOU MAY STILL CANCEL YOUR REQUEST IN ACCORDANCE WITH TERMS APPLICABLE TO A PARTICULAR SERVICE SUBJECT TO APPLICABLE CHARGES. IF YOU ARE NOT COMPLETELY SURE WHETHER OR NOT TO PROCEED WE RECOMMEND THAT YOU DO NOT PROCEED.
    4. It is important to note that if you purchase any of our services bundled together as a package, (for example you purchase a package that includes both a domain name and a webspace as opposed to purchasing these separately), termination of any part of the services may result in termination of all the services provided as part of that bundled package.
    5. We may alter or amend the terms and conditions of the Contract at any time to comply with legal or regulatory requirements, by reason of changes in the terms of business or working practices of our suppliers, changes in our working practices, or developments in technology, upon giving you not less than twenty one (21) days' notice in advance by post, email, and/or by posting the alteration on our website at www.register365.com/legal.html, setting out the reasons for this alteration and the date it is to take effect. If we send the notice by post or email we will send it to the address last notified to us (see clause 2 for your obligation to keep your information up to date). Except where the change is as a result of legislative or regulatory requirements, if you do not wish to continue with the service as a result of the change to the terms and conditions, you may terminate the Contract without penalty by giving us written notice to reach us not less than seven (7) days before the date when the alteration to our terms and conditions is to take effect. If we do not receive such a notice from you prior to that date, and/or if you continue to use the service after sending us a notice, you will be deemed to have accepted the alteration.
    6. We reserve the right to refuse orders for any reason. Where we do refuse an order, we will notify you that the order will not be processed. If the order has been processed and you have paid our charges they will be refunded.
  2. Provision of Information - Your obligations
    1. You agree to:
      1. provide certain true, current, complete and accurate information about you as required by the application process; and
      2. maintain and update the information you provided to us when purchasing our services as necessary to keep it current, complete and accurate.
    2. We rely on this information to send you important information and notices regarding your account and our services, for example, information relating to the impending expiry and renewal date of a domain name or other service.
    3. We will not be liable in respect of the non-renewal of a service or registration of a domain name if you do not receive our renewal notice having failed to notify us of new contact details.
    4. It is your responsibility to ensure that all information submitted is correct as we may not be able to rectify errors at short notice.
  3. The Services
    1. We may need to change the service as a result of legislative, regulatory or other changes requiring us to do so. We will endeavour to provide you with twenty one (21) days' notice in advance of such alteration taking effect, but cannot always guarantee to do so.
    2. We may also need to temporarily suspend the service without notice in order to repair, maintain or improve the service or our network, or in an emergency. If we need to do this, we will try to keep you informed and will try to keep interruptions to a minimum, but we cannot always guarantee to do so.
    3. The provisions of this clause relating to your obligations are intended as guidelines and are not meant to be exhaustive. Generally, conduct which violates law, regulation or applicable code of practice, or which is reasonably considered to be offensive, defamatory, blasphemous, obscene, abusive, derogatory, of a pornographic nature or otherwise unacceptable, or which is in breach of data protection and privacy principles, or which infringes the intellectual or proprietary rights of any third party, whether or not expressly mentioned in this clause, is prohibited. We reserve the right at all times to prohibit and/or suspend activities that damage or could potentially damage our commercial reputation and goodwill or that of third parties.
    4. Unless otherwise specified services do not include back up of your data. You are responsible for the back up of your own files and data for your own internal network and all equipment that is connected to the Internet. In particular, it is your responsibility to ensure that your firewalls and anti-virus protection are kept up to date and are sufficient for your needs.
    5. We may record calls or monitor them for training and security purposes.
  4. Duration
    1. Unless otherwise specified the Contract will start when we accept your order for service(s), which we will acknowledge in writing by sending you an email to the email address notified to us in your order and will continue in accordance with the terms applicable to a particular service and for the subscription period applicable to the service(s) in question (as displayed on our website at www.register365.com/info/company/price-list from time to time and confirmed by us in writing).
    2. At least four (4) weeks prior to expiry of the applicable subscription period, we will remind you of the impending expiry of the service by notice to the then current email and postal address specified by you on your account. The service will lapse unless we receive payment for the extended term of the subscription. We will not be liable in respect of the non-renewal of a service if, having sent you a renewal notice, we do not receive notice of renewal and the applicable payment, or if you fail to notify us of a change of contract details.
    3. The Contract (and any subscription for service(s)) may be terminated early by you or us pursuant to clause 6 of these terms and conditions.
  5. Charges and Payment Methods
    1. Charges are payable as specified in the specific terms and conditions relating to the service(s) in question and are due on an ongoing basis until this Contract is terminated.
    2. The charges are inclusive of any third party disbursements that we may make on your behalf, for example registration fees payable to the applicable domain name registry.
    3. VAT and other taxes and duties (where applicable) are payable in addition to the charges for the service(s) and for EU customers VAT rates are determined by your country of residence.
    4. If you do not make payment on the due date, we will:
      1. be entitled to charge you interest on the amount owing (both before and after judgment) on the amount unpaid at the rate of 4% per annum above the base rate from time to time of the Allied Irish Bank plc, such interest accruing on a daily basis from the date that payment falls due until the date that payment is made in full, and/or
      2. suspend the service(s) until payment is made in full, and/or
      3. terminate the Contract in whole or in part and cease providing the service(s).
    5. Please refer to our web site for our refund policy (www.register365.com/legal.html)
    6. If any cheque or debit or credit card payment paid to us by you in payment of the request and/or services, is not honoured for any reason:
      1. registration and/or the service to which the payment relates will be suspended pending payment of the outstanding account in full together with a "failed payment" charge of €25 plus VAT.
      2. you will not be able to register new domains or set up new services or transfer services away but services already paid for will continue to operate.
    7. Where you have made duplicate or multiple payments in respect of a product or service and then require a duplicate payment or multiple payments to be refunded, we reserve the right to charge a €10.00 plus VAT admin fee prior to a refund being issued or deduct a €10.00 plus VAT admin fee from any refund issued. For the avoidance of doubt, the €10.00 plus VAT admin fee will be deducted from each individual payment that is being requested for refund.
    8. Where a payment is made to us via bank transfer of any kind, all bank charges incurred will be your responsibility.
    9. Renewals
      1. Where you have opted for payment method 'auto-renewal' of the services due after 1 January 2008, we will advise you of the impending expiry of the services and give you notice that we will be automatically charging your Credit/Debit card. The notice will be sent to the then current email address specified by you on your Account.) In the event the payment fails, we will notify you via e-mail and it will be your responsibility to make alternative payment arrangements for your service renewal. We will not be liable in respect of the non-renewal of a service if, having sent you a renewal notice, we do not receive notice of renewal and the applicable payment, or if you fail to notify us of a change of contact details.
      2. It is your responsibility to ensure that any products/services which you have selected to auto renew through your account with us, have valid up-to-date credit/debit card details assigned to it/them at all times. We cannot be held responsible for failed payments or loss of any product or service(s) as a result of invalid, expired or missing credit/debit card details.
  6. Termination and suspension
    1. The Contract may be terminated by you:
      1. at the renewal date by not renewing the subscription in accordance with clause 4b and/or
      2. with immediate effect on giving us written notice of termination, if we are in material breach of any obligation under the Contract and, where we can remedy that breach, have failed to do so within thirty (30) days of receiving notice from you specifying the breach and requiring its remedy; and/or
      3. immediately upon written notice if we become insolvent, a receiver is appointed over the whole or any part of our assets, enter into any composition arrangement with creditors, or have an order made or resolution passed for us to be wound up; and/or
      4. in accordance with clause 1(e).
    2. We shall be entitled to terminate the contract with immediate effect on serving written notice to you if:
      1. you do not pay to us by its due date any sum due;
      2. you are (in our reasonable opinion) in material breach of any provision of our Acceptable Use Policy (www.register365.com/legal.html);
      3. the supply of the service and/or additional services to you may (in our reasonable opinion) expose us to the risk of litigation or other civil or criminal proceedings;
      4. if you provide any false, inaccurate, incomplete or misleading information, or if you fail to correct material errors or omissions relating to any information supplied by you, resulting in that information becoming false, inaccurate, incomplete or misleading;
      5. you commit any other material breach or repeated breaches of this agreement and, if it is capable of being remedied, fail to remedy such breach within fifteen (15) days from the date of the first notice specifying the nature of the breach and requesting its remedy;
      6. you become bankrupt, enter into an arrangement with your creditors, or have a receiver or administrator appointed over all or any part of your assets; or
      7. we lose any licence or permission necessary to carry out the service(s). In such a case, however, we will be entitled to terminate the Contract in part if any other service(s) are not affected by the loss of such licence or permission.
    3. You acknowledge that, with the exception of a partial termination pursuant to clause 6(b)(v) termination of the Contract for any reason will result in us ceasing to provide all the service(s), with all the consequences that flow from such cessation, including (but not limited to), deletion of hosting account(s) and mailboxes.
    4. If you terminate the Contract during the initial subscription period specified in the specific terms and conditions applicable to the service, or the acknowledgement of order, as the case may be, we may be entitled to charge you a cancellation fee equivalent to the subscription fee for the initial period, less any sums paid by you for that initial period. Please refer to the specific terms and conditions for more information on this.
    5. We may, at our sole discretion and without prejudice to any rights we may have to terminate the Contract, suspend the provision of the service(s) immediately on sending you written notice if we are entitled to terminate the Contract pursuant to 6b, or if we need to comply with an order, instruction or request of government, an emergency services organisation or other competent administrative or regulatory authority which affects our ability to provide the service.
  7. Limitation of Liability
    1. We will not be liable whether in contract, tort (including negligence), common law, equity or otherwise to you for
      1. loss or destruction of data, or
      2. loss or destruction of profits, income, opportunity, savings or contracts, or
      3. any indirect or consequential loss, damage, costs, expenses or third party claims,
      relating to the use or the inability to use the service, or in any other way related to or in connection with the provision or use of the service.
    2. We undertake to use reasonable care in maintaining and monitoring our systems and services but, where we use such reasonable care, we will not be liable for any damages or losses whether direct or indirect that you may suffer as a result of any interruption, delay or failure of the services. Where such interruption, delay or failure is caused by systems or services not under our control, this will be a force majeure event (see clause 12.g), and we will not be liable for any damages or losses whatsoever.
    3. We will not be liable for loss of any emails sent to mailboxes of any configuration, or sent from email accounts related to services provided by us. We are not responsible for any email stored in mailboxes provided by us.
    4. Our entire aggregate liability to you under or in connection with this Contract (including, for the avoidance of doubt, but not limited to the service level commitment and the refund policy) whether arising in contract, tort (including negligence), common law, equity or otherwise, will not exceed €5,000 for each incident or series of incidents.
    5. While we make regular maintenance updates to our systems, firewalls and services, it is your responsibility to ensure that your system is adequately protected from viruses, worms or other disabling devices. We will not be liable for any damages or losses whether direct or indirect that you may suffer as a result of any virus, Trojan horse or other disabling device that affects services or systems, whether under our control or otherwise, caused by your failure to adequately protect your system.
    6. You and we expressly exclude any rights of third parties who may otherwise be entitled to enforce the terms of the Contract as if they were a party to it.
    7. We accept liability for death or personal injury caused by our negligence and none of the limitations contained in this clause 7 apply to such liability.
    8. Your consumer rights relating to the use of reasonable care and skill in the provision of the service are not affected by the terms and conditions of the Contract. For further information about your statutory rights contact the National Consumer Agency (NCA).
    9. The limitations and exclusions of liability in this clause 7 operate to limit and/or, as appropriate, exclude the liability of Register365 and each of its group companies within the Namesco Ireland/Dada group, where the term "group company" includes each company which is a subsidiary or a holding company of Register365, or a subsidiary of a holding company of Register365 (as those expressions are defined by Section 155 of the Companies Act 1963).
    10. Each provision and part provision of the exclusions and limitations in this clause 7 is stand alone and shall continue to apply in the event that any other provision or part provision of this clause 7 shall be deemed unlawful, invalid or unenforceable by a Court of competent authority.
  8. Indemnity
    1. If you are in breach of our Acceptable Use Policy (www.register365.com/legal.html) we may incur loss, for example as a result of being sued for defamation or being prosecuted for obscenity. If you are in breach of the Acceptable Use policy you agree to indemnify us fully and effectively and hold us harmless from all liability, losses, costs (including legal costs) and expenses suffered or incurred by us as a result of your breach.
  9. Complaints
    1. In the unlikely event that you are not satisfied with our products and services, please see our Code of Practice (www.register365.com/info/terms). If we are not able to satisfy your complaint about our services, then your complaint can also be addressed to the Online Dispute Resolution website at http://ec.europa.eu/consumers/odr/ an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court. If you wish to use the Online Dispute Resolution service please also contact us at ADR@register365.com.
  10. Personal Information
    1. By registering for the service(s) you consent to us using and/or disclosing any personal information as follows:
      1. for processing your application, which may involve a credit check which, in the case of an individual, may record that a credit check has been made and disclosing your personal and account information to a bank for the purposes of setting up a direct debit arrangement; and
      2. if necessary, providing or arranging for third parties to provide customer care facilities and bill you for our services, which may involve disclosing your personal information to third parties solely for those purposes; and
      3. we may retain information that you provide and from time to time may use this information to offer you other similar services that we feel may be of interest to you both from us and other group companies. We may contact you by post or e-mail. If you do not wish to receive this information please let us know either by e-mail using the unsubscribe link given on our mailings or by contacting us at websolutions at register365.com with unsubscribe in the subject line and we will amend our records.
  11. Notices
    1. All notices which are required to be given under the Contract must be sent as follows:
      1. To us by logging an enquiry through your online Control Panel or by writing to us by first class registered post at Unit 5 Beckett Way, Park West Business Park, Nangor Road, Dublin 12, Ireland
      2. To you by email transmission or first or second class post to the email or postal address registered on the Contact Details page of your online Control Panel on the date when notice is sent (see clause 2 for your obligation to keep your information up to date)
      3. Any notice delivered to you shall be deemed to have been received by you:
        1. by email transmission on the date notice is sent;
        2. by first or second class post three working days after the date notice is sent
      4. Any notice delivered to us by logging an enquiry through your online Control Panel and/or by first class registered post shall only be deemed to have been received and accepted by us on acknowledgment to you by email (this does not include any auto responder sent by us) or by signing for the registered post.
  12. General
    1. The Contract is personal to you and specific to the data provided by you. Accordingly, you may not transfer, assign, dispose of or sub-license the Contract or the service(s) without our express written permission.
    2. For business reasons, we shall be entitled to transfer, assign, or dispose of our rights and obligations under this Contract to a third party without the requirement for any consent from you and this Contract shall continue to have effect as if references to Register365 were references to the relevant transferee or assignee as appropriate. We shall be entitled to sub-contract all or part of the services under the Contract.
    3. If any provision or part provision of this Contract is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair:
      1. the legality, validity or enforceability in that jurisdiction or any other provision or part provision of this Contract; or
      2. the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Contract.
    4. Any delay or failure by either of us in enforcing any right under the Contract is not a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced.
    5. In the Contract we are independent contractors and nothing in the Contract will give rise to any joint venture or partnership between us.
    6. The provision of the service(s) and the application of these terms and conditions and the formation, validity and interpretation of the Contract are governed by Irish law and subject to the exclusive jurisdiction of the Irish courts, provided that nothing in this clause shall prevent us from taking proceedings for interim or injunctive relief in the Courts of any other jurisdiction.
    7. Neither of us shall be liable to the other for any breach of our obligations hereunder where the breach results from causes beyond our reasonable control including, without limitation, systems fault, unauthorised use of or access to our or your IT systems, industrial disputes, failure of a utility service or transport or telecommunications network, Internet blackout, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery or the breach, fault or negligence of third party service providers, suppliers or sub-contractors ("force majeure event") provided that we or you have acted reasonably to prevent and to minimise the effect of such causes. For the avoidance of doubt, where you suffer a force majeure event, you shall still be liable to pay any charges or fees which become due and payable for services supplied by us during the event of force majeure. Where we suffer the event of force majeure, you shall not be liable to pay for services not delivered by us.
    8. You agree that we may disclose your personal information to third parties in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. Any disclosure of personal information will be strictly controlled and made fully in accordance with current UK legislation, in particular the UK Data Protection Act 1998.
  13. Cancellation
    1. For your rights to cancel this contract, please follow this link

SCHEDULE A

Terms and conditions relating to our Domain Name Registration Service

  1. Orders
    1. Your order must be submitted to us using either the on-line order form or through one of our representatives and must indicate the domain names that are to be registered, full details of the registered proprietor. It is your responsibility to provide us with all information and documentation required pursuant to the applicable rules of the relevant domain registry/registrar.
    2. You must ensure that all information submitted is correct as we may not be able to rectify errors at short notice.
    3. You are responsible for ensuring that you have complied with the registration criteria and obtained all consents and authorisations necessary in respect of the registration or transfer of the domain names.
    4. The rules of the relevant domain registry/registrar will apply in respect of the information to be displayed on the “WHOIS” database for your domain name. Please consult these rules prior to submitting your application.
    5. We reserve the right to refuse orders for any reason. Where we do refuse an order, we will notify you that the order will not be processed. If the order has been processed and you have paid our charges they will be refunded.
    6. We will endeavour to meet any dates agreed for the obtaining of the names and domains specified by you, but this date is an estimate only and we will not be liable for any delay.
    7. If we accept your order, the processing of your request will start immediately.
  2. Services
    1. We provide domain name services on an "as available" basis. Our acceptance of your application to register a domain name is not an acknowledgement by us that the domain name is available. The success or failure of domain name registration depends on many factors outside our control and we cannot therefore guarantee that your application will be successful. Your application to register the domain name is therefore subject to the successful registration of the domain name at the applicable domain name registry/registrar. A successful registration is shown by the domain name being displayed on the WHOIS directory of the registry/registrar as being registered to you.
    2. Subject to paragraph 4 (c) below if a domain name is not successfully registered with the registry/registrar or if we do not accept your order for whatever reason, we will refund the registration fee you paid to us. However, we will not be liable to you for any loss or damage arising or resulting from any inability to register the domain name or from us not accepting your order and we will not be responsible for any costs incurred or other steps taken by you in anticipation of the registration or transfer of a domain name prior to receipt of official confirmation of such registration or transfer. Neither will we be liable to refund the registration fees if, for any reason after registration, you have to relinquish the domain name or if you cancel your order.
    3. You should note that any domain name registered, whether or not by us, may subsequently be challenged and/or cancelled by parties other than us.
    4. The Customer Client accepts and recognises that Register365 will publish courtesy pages containing advertisements on the Domain name of the customer in the absence of Customer's content; the Customer is free to remove the courtesy page at his/her sole discretion using the tools at his/her disposal. The Customer accepts and recognises that he/she will not be provided any kind of remuneration in relation with the courtesy pages.
    5. You agree that we will be registered as the “Administrative Contact” for all domain names registered for you or held on your behalf.
    6. You agree that we may, at any time and without notice, change the domain name registrar or other supplier with which/whom we manage your domain name(s).

      To do so may require us to perform a "Registrar Transfer". In which case, you authorise us to act on your behalf in this regard and transfer the domain name(s) to our chosen supplier. You agree that any transfer authorisation emails will be dealt with by us as the authorised Administrative Contact for the domain name(s).

      We will endeavour to perform such transfers in a transparent manner, with no service disruption or the loss of any domain management facilities previously available to you.

      You acknowledge that by us performing a Registrar Transfer, the domain name(s) will be blocked from transferring to any other domain name registrar for a period of 60 days from the date the transfer is completed.

  3. Charges and Payment
    1. We require payment in advance for the registration and renewal of all domain names.
    2. Our charges for registration and renewal, which include third party disbursements (for example the registry/registrar fees), can be viewed at www.register365.com/info/company/price-list.htmlor by contacting us on 01890 944500.
    3. The disbursements and our charges represent the initial costs for the registration of a domain name and you acknowledge that continued use of a domain name may expose you to additional charges payable to the local domain name registry/registrar, for example on renewal. You are liable for any such charges. The charges and disbursements charged to you will remain fixed for the initial term of the Contract (such as twelve (12) months or twenty-four (24) months as applicable or notified to you). You will be given at least 4 weeks' notice of changes for the renewal term.
    4. Our charges for transferring a domain name are in accordance with paragraph 7 of this Schedule A.
    5. You acknowledge that if you upgrade your .com, .net, .org, biz, .info or .mobi domain name(s) to include the applicable private registration service the fee is non-refundable as once an upgrade has been processed we will not receive any refund from the registry/registrar should the private registration service be cancelled by you.
    6. You acknowledge that the private registration service can only be purchased for whole year periods and will run from the point at which you upgrade, until the domain(s) current renewal date.
  4. Cancellation and Refunds
    1. You are entitled to cancel an order for a domain name prior to the registration taking effect subject to the following terms:
      1. if for any reason we have not started processing your request, it may be cancelled free of charge;
      2. if we have started processing the order then it will be cancelled subject to you paying our costs (including the local administration costs, which have been incurred.
    2. Refund requests following cancellation are generally dealt with and processed weekly. Where you have paid us by credit/debit card for the purchase of the service, we will endeavour to issue the refund to the credit/debit card used. In cases where this is not possible, a cheque will be raised to the company name in the first instance on your account. If no company name is stored, the cheque will be made payable to the individual's name held on the account.
    3. In the case of .ie You are required to demonstrate a valid claim on the domain name being sought and to provide supporting documentation to support this claim. The onus is on You before applying for such a domain name to ensure that You can provide the required supporting documentation to substantiate your claim on or entitlement to the domain. If your .ie domain application is rejected because you fail to provide the information or documentation required for registration, or otherwise fail to meet these specific requirements laid down by IEDR (IE Domain Registry) you shall be entitled to a credit on your account representing the full value of the transaction cost. This credit shall be applied to your existing account with Us. You are permitted to apply this credit towards new sales and the renewal of existing services of any services offered by Us. Renewals are expressly excluded from the application of the credit. Under no circumstances will the value of the credit be available in cash. If your credit on account is not used in accordance with this clause c to purchase new or renew existing services or the credit is not set up on your account to use via automated renewal, then this credit will automatically expire after a 12 month period from the date of the award of the credit on account by Us. If a credit on account is created from sources other than a failed .ie registration, then We reserve the right to expire any such credit balances after a period of 12 months from the date the credit is awarded and/or placed in Your account by Us. The Credit on Account facility will no longer be available to customers after the 30th September 2016. As from the 1st October 2016 if you do not prove your claim to the domain name within 28 days, the registration authority (IEDR for .ie domain names) will cancel the application and the domain will become generally available for registration. If this happens, we will not issue a refund of the application fee.
    4. Where you have chosen not to renew a domain name with an international suffix, the domain registry/registrar may require you to complete and submit a domain name cancellation form before the domain name can be cancelled in its entirety.
    5. Under these circumstances we will forward to you any form(s) for signature and you must return it/them to us. You accept that it shall be your responsibility to ensure that we are in receipt of the completed form.
    6. Failure to complete and return the cancellation form to us will result in the international domain name being renewed by the registry/registrar at cost to us. This cost, and any additional costs that the registry/registrar may impose on us, will be invoiced to you and should be paid immediately on receipt of such invoice. You accept that we reserve the right to engage a third party debt collection agency in order to obtain any outstanding monies.
    7. You accept that the international domain name will not be cancelled, even if you have given us written confirmation that you do not wish to renew the international domain name, until such time as the registry/registrar are in receipt of your completed form and that you will be responsible for all ongoing costs in relation to the international domain name until such time as the registry/registrar have acknowledged to us that your international domain name has been cancelled in its entirety.
    8. No refund will be given if:
      1. termination takes place within the existing registration period of the domain name; or
      2. the domain name was renewed through the renewal template of the registry/registrar.
  5. Domain name registry/registrar and indemnity
    1. You agree and acknowledge that registration and use of the domain name is subject to the acceptable use policies, rules and/or other terms and conditions of the registry/registrar. By submitting the order form to us, you agree to be bound by any such policies, rules and/or other terms and conditions and to fully and effectively indemnify us and hold us harmless in respect of all losses, costs, expenses or liability suffered or incurred by us as a result of or arising out of any breach of these policies, rules and/or other terms and conditions. It is your responsibility to familiarise yourself with the policies, rules and other terms and conditions of the registry/registrar. Without limiting the above general statements, purchase of a .ie domain name indicates your acceptance of the terms, conditions and policies of the registry, IEDR, which can be found at http://www.domainregistry.ie.
    2. The Registrant has rights and obligations that have been established by the ICANN and which can be found at the following URL http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
  6. Duration and Renewal
    1. It is the Customer's sole responsibility to ensure that all of his/her registered domain names are renewed prior to their expiration dates. Once the Domain name expires, all associated services will be deactivated (hosting, email etc.). The Customer accepts and recognises that once a Domain name expires, he/she loses all rights on it.
      1. For gTLDs registered with Register365 only and when it is possible under the relevant Authority regulations, in case the Customer doesn't renew the domain name before the expiry date, the domain name will be held in the Customer's account at Register365 for 20 days following the expiration date ("Expiration Period") and the Customer may renew the domain name at any time during this period by paying the applicable registration fees and any past-due renewal fees. During the Expiration Period Register365 may publish courtesy pages containing advertisements on the Domain name of the customer. The Customer accepts and recognises that he/she will not be provided with any kind of remuneration in relation with the courtesy pages.
    2. The Customer accepts and recognises that once this Expiration Period is over, he/she loses all rights on the domain name. For gTLDs registered with Register365 only and when it is possible under the relevant Authority regulations, at the end of the Expiration period, the Customer formally accepts that Register365 reserves the right, at its own discretion, to either:
      1. transfer the property of the expired domain to its own name or to the name of any of the companies of the Dada Group and to renew the domain to its own name. The Customer hereby accepts that Register365 or the companies of the Dada Group will then become the legal Registrant of such domain name and have all the corresponding rights. Only in that case, the Customer will have the possibility to get the domain name backup to 90 days after the expiry date of the domain name, by paying all the applicable fees. Register365 will then transfer the property of the domain back to the Customer. After the end of the 90-day period, if the Customer doesn't exercise the rights under this provision, he/she will be deemed to have abandoned the domain name services, and to relinquish all interests and use of the domain name services; or
      2. renew the expired domain name at Register365's costs, keeping the Whois data unchanged, and following the express approval of the Customer. In such case, all the Services associated to the Domain name will be deactivated (hosting, email etc.) and a courtesy page containing advertisements will appear. The Customer accepts and recognises that he/she will not be provided any kind of remuneration in relation with the courtesy pages. The Customer will remain the legal registrant of the domain, and he/she will be able to get the domain name back and recreate the associated services by ordering the domain name and the services at the price and under the contractual conditions applicable at the time of the Customer orders; or
      3. place the domain name under the "Redemption period" status shortly after the Expiration Period. In such case, the Customer will have the possibility to renew the domain name by paying all the applicable fees and any past-due renewal fees. If the domain name is not renewed by the Customer during the Redemption Period, the domain name will be deleted at the Authority and can be registered by anyone;
      4. or, to delete the domain at the Authority. In such cases, the domain will be released and can be registered by anyone. Register365 declines any and all liability in case the domain name is registered by any third-party. The Customer remains solely responsible for the non renewal of the domain name before the expiry date and for any consequences that may arise.
    3. The Customer formally accepts that it is Register365's exclusive decision to opt for one or another of the options listed above. The Customer has no right whatsoever on such options and waives any right of contestation or claim in that respect.
      1. For ccTLDs, the Domain name expiration process will follow the relevant Authority regulations and processes. The Customer accepts and recognises that once a ccTLD expires, he/she loses all rights on the Domain name.
    4. A domain name, once registered, will fall due for renewal at the expiration of the registration period. It is your responsibility to monitor the renewal dates of your domain names and ensure we receive payment by the date it is due. You may advise us through one of our representatives or online that you do not wish us to send you reminders of renewal dates in which case we shall have no liability to you if you fail to renew.
    5. The Local Administration Costs charged to you shall remain fixed for the initial term notified to you ("Initial Term"). Unless you have advised us that you do not wish us to send you reminders of renewals, we shall least 4 weeks before the expiry of the Initial Term, remind you of this by notice to the then current address specified by you on your account of the forthcoming expiry of the Initial Term and of the applicable Local Administration Costs for any renewal term. If you do not renew the registration, the registration shall lapse. It is your responsibility to notify us of any change of address. We shall have no liability in respect of a non-renewal of a registration if you do not renew having received notice from us or if you fail to notify us of a change of address.
    6. We require payment for the renewal of the domain names prior to the renewal date for the ongoing registration of those domain names. We reserve the right not to make payment to the registry/registrar unless payment has been made by you to us for this renewal.
    7. Unless you have notified us that you do not wish us to send you reminders of renewal date our sole obligation in relation to the renewal of domain names is to issue one reminder to you at your last notified email address and postal address about the renewal date of the relevant domain name. This obligation will lapse if your registration of the domain name lapses or terminates for any reason. We will not be liable in respect of the non-renewal of a domain name if, having sent you a renewal notice, we do not receive notice of renewal and the applicable payment, or if you fail to notify us of a change of address.
    8. The Contract is subject to the provisions relating to early termination in the General Provisions.
  7. Transfer
    1. Any request to transfer a domain name from us to a new provider must be done through your on-line control panel. If the panel advises you to contact us then your request for a transfer must be accompanied by written confirmation from you that you consent to the transfer. This confirmation must also include any additional information which we reasonably request.
    2. Where the transfer of any domain name has to be effected by your new provider, then, subject to your compliance with the terms of the Contract, we will co-operate with the new provider to allow the transfer to take place.
    3. We will only agree to the transfer to another service provider where you do not owe us any sums in respect of our domain name services, where you pay any applicable transfer fee to us (see www.register365.com/info/company/price-list.html) and where you have provided us with all the necessary information to effect the transfer. You must ensure that all information provided is correct as we may not be able to rectify errors.
    4. On receipt of a transfer request, we will use our reasonable endeavours to process the transfer request, but will not be responsible for any delay in effecting such transfer due to acts or omissions of your current provider or new provider (as applicable) or the registry/registrar. The transfer fee is valid for 60 days. If, after 60 days, we have been unable to transfer the domain name, the transfer fee will become payable again if you wish the transfer to continue.
    5. If you require us to effect a change of registrant, we will advise you of the procedure and cost.
    6. Where a domain is transferred to us, it is your responsibility to ensure you have an account with us and you have followed our applicable transfer process in order for us to be able to accept and complete the domain transfer on your behalf. We cannot be held responsible for any domain name(s) that is/are rejected when you have not completed the transfer process through your account with us. If at any time the domain name needs to be removed from the account created and placed in another account with us (ie a reseller's account) then we will require authorisation from the legal registrant for the domain name for this to occur.
    7. When requesting the transfer of a gTLD domain name to our management, you acknowledge that:
      1. the domain name has been unlocked (if applicable) and the current provider is aware of, and willing to approve, the outbound transfer; and
      2. submission of a domain name transfer request to us does not guarantee that the transfer will be successful; and
      3. until such time as you receive a transfer completion notice issued by us, management of the domain name(s) being transferred remains your sole responsibility and this includes meeting renewal deadlines and paying any amounts owed to the existing provider.
  8. Indemnity
    1. You will indemnify us and hold us harmless against all costs, claims, damages and losses incurred by or awarded against us as a result of:
      1. any claims that any of the domain names infringe the intellectual property rights of any third party;
      2. any errors in any information provided by you in relation to any domain name transfers or registrations; and
      3. any act or omission by us in reliance on any information provided by you.
  9. Disputes
    1. If we become aware of any dispute with any other person or business or organisation regarding the domain names or any other of your domain names, we may, at our sole discretion, and without notice or liability to you, cease any further use or service of such domain names including, without limitation, deleting or suspending them from our computer systems, and/or making appropriate representations party.
  10. Interpretation
    1. If there is any conflict between the Contract and the terms and conditions of the registry/registrar, the terms and conditions of the registry/registrar will take precedence.
  11. Malware Scans
    1. “Malware” means any programming (code, scripts, active content, or other computer instruction or set of computer instructions) designed, or is intended, to (i) block access to, prevent the use or accessibility of, or alter, destroy or inhibit the use of, a computer, computer program, computer operations, computer services or computer network, by authorized users; (ii) adversely affect, interrupt or disable the operation,security, or integrity of a computer, computer program, computer operations, computer services or computer network; (iii) falsely purport to perform a useful function but which actually perform a destructive or harmful function or perform no useful function but consume significant computer, telecommunications or memory resources; (iv) gain unauthorized access to or use of a computer, computer program, computer operations, computer services or computer network; (v) alter, damage,destroy, monitor, collect or transmit information within a computer, computer program, computer operations, computer services or computer network without the authorization of the owner of the information; (vi) usurp the normal operation of a computer, computer program, computer operations, computer services or computer network; or (vii) other abusive behavior. Malware includes, without limitation, various forms of crimeware, dialers, disabling devices, dishonest adware, hijackware, scareware, slag code (logic bombs), rootkits, spyware, Trojan horses, viruses, web bugs, and worms.
    2. Registrants and Customers hereby formally agree to the following:
      1. Permit the registry to perform, in its unlimited and sole discretion, scans or other views of websites for the purpose of detecting Malware or as necessary to protect the integrity, security or stability of the Registry systems (“Malware Scans”);
      2. Ensure all communications with or to the Registry systems, the Registry, any other registry operated under an agreement with ICANN, or any ICANN-accredited registrar and all software, systems, or hardware used, shall be free of Malware. In the event any such Malware is introduced, Registrants and Customers will employ all necessary measures to eradicate the Malware and reduce the effects of the Malware at Registrant’s / Customer’s sole cost and expense, the Registrant and Customer recognize and accept that the Registrar reserves the right to take all necessary action to eradicate the Malware;
      3. Hereby grant the Registry all necessary licenses and consents and obtain such licenses and consents from all holders of rights in all websites, to permit the Registry or its agent(s) to (a) perform, in Registry’s unlimited and sole discretion, Malware Scans; (b) collect, store, and process data gathered as a result of such Malware Scans; (c) disclose the results of such Malware Scan (including all data therefrom) to Registrar or its agents or designees; and (d) use the results of such Malware Scan (including all data therefrom) in connection with protecting the integrity, security or stability of the Registry systems and the Registry; and
      4. Agree that the results of any Malware Scan identifying Malware or potential Malware shall not be deemed to be confidential or proprietary information of Registrar, Registrant, Customer or other rights-holder.
    3. The Registry disclaims any and all warranties, representations or covenants that such Malware Scan will detect any and all Malware or that the Registry is responsible for notifying Registrar, any Registrant or any other person or entity of any Malware or cleaning any Malware from any systems. Registrant and Customer shall indemnify, defend and hold harmless the Registry and its affiliates, suppliers, vendors and subcontractors, and ccTLD registry operators providing services with respect to the Domain Name, and their respective employees, directors, officers, representatives, agents and assigns (“Registry Affected Parties”) from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any Malware Scan, the failure to conduct a Malware Scan, the failure to detect any Malware, or the use of any data from Malware Scans. Registrant and Customer will not enter into any settlement or compromise of any such indemnifiable claim without the Registry Affected Party’s prior written consent.
  12. Pre-order of .uk domain names
    1. All .uk domain pre-orders will be submitted when registration opens on 10th June 2014. Nominet requires registrant information to exactly match the corresponding .co.uk domain name and will validate registrant information. Failure to validate your information may lead to failure of registration. We will replicate subsequent changes to .co.uk registrant information on your matching .uk pre-order. .uk domain names available from 10th June will be registered to rights holders as a priority, and we are therefore unable to guarantee success of .uk orders. If your pre-order is not successful, we will refund the registration fee. All pre orders are subject to our terms and conditions as detailed above. Your attention is particularly drawn to Schedule A, paragraphs 2a and 2b of those terms and conditions.
  13. Pre-order of new gTLD domain names
    1. We cannot guarantee pre-registration rights will be assigned until the registration process is complete. In the event that the application is not successful, Register365 will refund the pre-registration fee to applicant. Should a non-refundable registry application fee be applicable, this will be clearly stated at point of purchase.
  14. Pre-order of One and Two letter .ie domain names.
    1. All applications for one or two letter .ie domain names are subject to our general terms and conditions, and Annex A above, in addition to those of .ie which can be found at https://www.iedr.ie/p30/registration-policy/
    2. Pre-order applications for a one or two letter .ie domain names during the “Landrush” phase must be completed before 22nd March 2016.
      1. To be eligible to pre-order a one or two letter .ie domain name during Landrush, you must meet the standard registration criteria of the IE Domain Registry and may be required to provide documentation as evidence of eligibility.
      2. In instances where multiple eligible applications are received for a single domain name, an auction process will take place with the highest bidder gaining the right to use the domain.
      3. Any supporting evidence required to prove the eligibility of the applicant must be supplied before the close of the Landrush period.
    3. All application fees are non-refundable.
  15. Change Registrant Procedure (gTLD domains managed by ICANN)
    1. The Customer acknowledges and accepts that from 1st December 2016 any variation regarding the name, surname, Organisation/Company and/or the email address of the Registrant of a gTLD domain managed by ICANN, will be subject to the procedure outlined below, in observance of the provisions of the relative ICANN policy (“Policy”)
      1. Definitions:

        “Change of Registrant”: refers to a Material Change to the following data: Registrant Name; Registrant Organisation; Registrant email; Administration Contacts, if there is no email address of the Registrant;

        "Designated Agent": refers to the party authorised by the Current Registrant and the New Registrant for completing the Change of Registrant procedure and authorisation to proceed with the Change of Registrant on their behalf.

        “Material Change": refers to a change that is not a mere typographical correction to a Name Surname, Organisation or any change to the email address;

        "Current Registrant": refers to the entity or person who registered the domain name at the time of the request for Change of Registrant.

        "New Registrant": refers to the entity or person to whom the Current Registrant requests to transfer ownership of the domain name.

        “Transfer Lock Period”: refers to the period of 60 days as of the date of completion of the Change of Registrant procedure, during which the domain may not be transferred to another Registrar.

      2. Procedure:

        Register365, for Change of Registrant requests, will receive authorisation to proceed from the Designated Agent appointed by the current and new registrant. The Designated Agent of the New Registrant undertakes to ensure acceptance by the latter of the Register365 Terms and Conditions. The Designated Agent of the Current Registrant, releasing Register365 from all relative liability, confirms to have informed the Current Registrant of the fact that if the latter intends to transfer the domain to another Registrar, this operation must be completed before the Change of Registrant in order to avoid the Transfer Lock Period. Register365 will send a notification email to confirm the Change of Registrant, both to the New Registrant and the Current Registrant, within 1 working day from the date of completion of the Change of Registrant procedure, specifying the domains subject to the Change of Registrant request and a contact address for possible clarifications.

  16. Domain Privacy Service

    This Domain Privacy Service is offered as an optional and supplemental service for individual registrations of domain names and is available for new and existing domain names. You shall retain full control and ownership over and remain the legally responsible owner of the domain name. You will also retain full liability for the registration and use of the domain name and agree to release, defend fully indemnify and hold harmless the Domain Privacy Service Provider, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees from and against any and all claims, demands, liabilities, losses, damages or costs, arising out of or related in any way to the Domain Privacy Service provided and Your use of Your domain name registration. You also agree to continue to be bound by the relevant TLD Registry policies for the domain name owned by You.

    The following terms and conditions will apply if you subscribe to the domain privacy service:
    1. The Privacy Service
      1. When You subscribe a Domain Name to Our Privacy Service You designate that We will thereafter be registered as the holder of the Domain Name for the purposes of the Whois Directory.
      2. Subject to clause 16.c, for each Domain Name You subscribe to the Privacy Service, We shall keep Your name, postal address, email address, phone and fax numbers confidential.
      3. When You subscribe to the Privacy Service, the following information will be publicly available in the Whois Directory for the Domain Name: Our name, postal address, email, telephone number and fax number (where applicable);
      4. You will retain the full benefits of the Domain Name and may cancel the Privacy Service for each Domain Name at any time. Your details will show in the Whois.
    2. Your Obligations
      You agree and acknowledge that in relation to each Domain Name You subscribe to the Privacy Service:
      1. You will provide and update accurate and current Contact Details at all times of: the email address, postal address, phone and fax numbers for the Domain Names;
      2. You will:

        respond within 5 days to any inquiries made by Us to determine the validity of any information provided to Us by You; and

        respond promptly within 7 days to correspondence We receive that is either addressed to or involves a Domain Name, as detailed in clause 16.e below.
    3. Suspension and Termination of Privacy Service
      You acknowledge and agree that We have the absolute right, in Our sole discretion and without any liability to You whatsoever, to suspend or cancel the Privacy Service for each subscribed Domain Name, with all Your applicable information then showing in the Whois, in certain circumstances, including but not limited to the following:
      1. when required by law, governmental rules or requirements, governmental authorities or a court order; or
      2. when We believe in good faith that such action is required by law; or
      3. in compliance with a legal process served upon Us; or
      4. in order to comply with ICANN and/or applicable Registry rules, policies or procedures; or
      5. to resolve any and all third party claims, whether threatened or made, arising out of Your use of a Domain Name; or
      6. if We believe that You are using the Privacy Service to conceal involvement in illegal, illicit, morally objectionable or harmful activities; or
      7. to protect the integrity and stability of the applicable Domain Name Registry; or
      8. to comply with any Dispute Resolution Policy; or
      9. to avoid any financial loss or legal liability (civil or criminal) on the part of Us, Our parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees; or
      10. if the Domain Name We register on Your behalf violates or infringes a third party’s trademark, trade name or other legal rights.
      11. You further acknowledge and agree that in the event that We receive a formal complaint, notice of claim in relation to legal proceedings or in relation to a Dispute Resolution Policy, the subject matter of which is a Domain Name or which relates to Your use of the Services, We have the right to suspend the Privacy Service and Your identity will be revealed in the Whois as Registrant until and subject to the resolution of such matter.
    4. Refund in Event of Cancellation
      1. We will not provide a refund in the event that We exercise any of Our rights set out in clause 16.c above or You elect to cancel Our Privacy Service for any reason.
    5. Communications forwarding
      You agree and acknowledge that:
      1. We will forward to You communications relevant to any or all of the circumstances set out at clauses c addressed to Your Domain Name that are received by Us by email, postal mail or fax.
      2. The importance of clause 16.c, in allowing Us to fulfil our obligations to You in this clause.
      3. Subject to clause ii in this section, We will not forward to You any other communications (whether delivered through email, postal mail or fax) and You further authorise Us to either discard all such communications or return all such communications to sender unopened.
      4. You agree to waive any and all claims arising from Your failure to receive communications directed to Your Domain Name but not forwarded to You by Us.
      5. We reserve the right to pass on to You the reasonable costs We may incur for administrative tasks outside of the scope of Our Privacy Service. Such tasks include, but are not limited to, customer service issues that cannot be handled by email and disputes requiring legal services.

SCHEDULE B

Terms and conditions for the provision of Email Services and Web mail Services

  1. Orders
    1. Your order must be submitted to us using either the online order form or through one of our representatives. The services must be used in conjunction with a registered domain name.
    2. Once we start processing your request, it may be cancelled subject to you paying us our full fees incurred by you on your behalf. For the avoidance of doubt, any fees paid will not be refunded. Our refund policy does not apply to this situation.
  2. Services and Charges
    1. Details of our services and our price list will be found on our web site at www.register365.com/info/company/price-list.html
  3. Duration
    1. The Contract for email and web mail services will be for a period which depends on the package chosen ("Minimum Term") starting at the time the order is accepted after which it will expire unless it is renewed for a subsequent period. This is subject to the provisions for early termination set out in the General Provisions.
  4. Consequences of termination
    1. On termination for any reason, we will cease providing the services and your mailboxes will be deleted.
    2. If the termination is during the Minimum Term you will be liable to pay us the charges that would have arisen from the date of termination till the expiry of the Minimum Term.
    3. You acknowledge that with regard to the purchase of email services and webmail services, whether purchased annually or multi-year from us, eighty per cent (80%) of our charges relate to administration charges and are non-refundable. Twenty per cent (20%) of our charges relate to the ongoing cost for the email and web mail services. On the cancellation of annual or multi-year email services or webmail services after the end of the Minimum Term the refund will be calculated on a pro rata basis of the twenty per cent (20%). Renewals of any annual or multi-year email services and webmail services will be on the same eighty per cent (80%) twenty per cent (20%) basis.
    4. If you have a monthly package you are not eligible for a refund. Please refer to our Refund Policy (www.register365.com/legal.html).
  5. Mailbox
    1. Each mailbox has a storage quota. This may be by reference to the number of emails held, the size of attachments, or other methods we may specify. This is in place to protect your account and other accounts from potentially large volumes of email sent to a single address that could materially affect the email system server. Additional storage can be purchased through your control panel. It is your responsibility to ensure that your mailbox does not reach its allocated level. We will not be liable for any email lost due to full mailboxes. You can check your mailbox capacity from your control panel.
    2. We may occasionally need to change these limits either for operational reasons, or because we reasonably believe you have not been using the services in accordance with our Acceptable Use Policy (www.register365.com/legal.html). If we do so, we will endeavour to give you twenty-one (21) days advance notice of the new limits by email and after that notice expires we may refuse to accept material and/or remove materials which exceed the relevant limits. Your e-mails will be stored on our clustered mail services until they are removed from our server.
    3. It is your responsibility to keep your password confidential and to change the password on a regular basis. We will not be liable for any data losses or security issues due to stolen or insecure passwords.
  6. Service availability
    1. We monitor the mail platform as a whole but do not monitor individual mailboxes. The server uses SMTP, a "store and forward" email protocol, to receive incoming and deliver outbound messages. By default, the mail platform attempts to deliver messages on a regular basis. If delivery is not achieved within twelve (12) hours, a delay notification is emailed to the sender. If delivery is not achieved within four (4) days, the message is returned to the sender.
  7. Storage Capacity
    1. Each account is allotted an aggregated storage capacity initially equal to the total storage capacity of all the mailboxes of that account.
  8. Maintenance
    1. In order to ensure good performance of the servers, we need to perform routine maintenance. This may mean that we need to take our servers off-line. Where possible, we perform such maintenance during off-peak hours. We will try to give you advance notice of any maintenance which requires the servers to be taken off-line by sending you an email to your notified email address on your Account or by posting an announcement on our service status page on our website.
  9. Security
    1. We try to ensure mailbox security and integrity of data at all times. However, despite our efforts, problems may occasionally arise. Where a problem does arise with a specific mailbox, it is your responsibility to inform us of this and we will use all reasonable efforts to resolve the problem. However, we do not guarantee that we can restore any lost or corrupted data and we will have no liability for the loss or corruption of any data save as provided in clause 8 of the General Provisions. You should always ensure that you back up your data as necessary for you.
    2. We provide anti-virus and anti-spam services for incoming e-mail. This service can be enabled and configured via the online control panel. While we do our best to remove all viruses and spam, we cannot guarantee that we will catch them all nor that no virus will reach your computer. We also cannot guarantee that non-spam messages will never be marked as spam.
  10. Ownership of data and indemnity
    1. All data created or stored by you within our applications and servers are your property.
    2. We will allow access to such data only by our authorised personnel as may be necessary to provide the services.
    3. You will indemnify us, hold us harmless and keep us indemnified against any claim, loss or damage in respect of any web server content, email content or any other data contained within your server space or within applications on our servers.
  11. Use of Email account
    1. If we identify a mailbox or domain name that is transmitting illegal, offensive, abusive, derogatory, defamatory, obscene or infected content, or for the purposes of sending bulk or unsolicited emails, or being used contrary to our Acceptable Use Policy (www.register365.com/legal.html), or otherwise causing problems, we will either remove the offending mailboxes or change their settings to resolve the issue. In certain cases we will, at our discretion, disable email or suspend all services to the domain as appropriate.
  12. Use of free Email accounts offered with the registration package of certain domains
    1. By activating the free email account, if offered, with the domain registration package, you confirm and accept that the contents of the POP3 mailbox provided as part of this free email account shall be your property and at all times your sole responsibility (including, but not limited to, taking appropriate technical and security measures, running virus software and making backups to protect such contents) in accordance with Schedule B 10a.
    2. Following the expiration of, or the transfer away from us of, the domain associated with this free email account (or following the termination of any agreement we have with you in relation to it), we reserve the right to: (a) immediately delete the contents of any mailbox; and (b) withdraw any additional products, associated with this domain.

SCHEDULE C

Terms and conditions for the provision of Website Hosting services

  1. Orders
    1. Your order must be submitted to us using either the on-line order form or through one of our representatives. The services must be used in respect of a registered domain name.
    2. If we accept your order, the processing of your request will start immediately.
  2. Services
    1. Details of our services can be found on our web site at www.register365.com
    2. We aim to set up Website Hosting within 20 minutes of receiving your order and will send you an email to advise you of your user name, password and other information to the email address supplied at the time of order.
    3. You acknowledge that unless otherwise agreed in writing with us, any set up time (“delivery date”) we give to you is a guideline only and we do not guarantee that it will be met.
    4. If you reasonably believe that the service delivered to you on the actual delivery date does not meet the specifications, you must notify us of this within ten (10) Working Days of the delivery and we will then use all reasonable endeavours to resolve the issue within ten (10) Working Days. "Working Day" shall mean a day falling on a Monday to Friday which is not a bank or public holiday.
    5. If you do not notify us of any failure within ten (10) Working Days of delivery or, where we have carried out remedial work pursuant to paragraph 2d of this Schedule C above, within ten (10) Working Days of us completing that remedial work (as notified to you by us), you will be deemed to have accepted the service as delivered.
    6. We reserve the right to amend the service, at any time, provided that this amendment does not materially detrimentally affect the service.
    7. We may occasionally impose limits on your storage space or data activity if we impose any limits, we will give you twenty four (24) hours advance notice of any limits by email.
    8. You hereby acknowledge that you will never physically access the servers and platforms and you will not be provided with any equipment or device.
  3. Charges
    1. Details of our charges can be found on our web site at www.register365.com/info/company/price-list
    2. You are responsible for ensuring that your bandwidth does not exceed the allowances set as part of your package/service.
    3. If your bandwidth either exceeds the allowance set as part of your package/service or reaches the point where it has an adverse effect on other customers we reserve the right to:
      1. disable your site, without prior notice, until you can reduce your bandwidth usage; or
      2. charge you for excess bandwidth usage, over and above your package allowance, as published by us from time to time.
      3. You acknowledge that with regard to the purchase of Website Hosting services, whether purchased annually or multi-year from us, eighty per cent (80%) of our charges relate to administration charges and are non-refundable. Twenty per cent (20%) of our charges relate to the ongoing cost for the hosting service. On cancellation of annual or multi-year hosting services after the end of the Minimum Term the refund will be calculated on a pro rata basis of the twenty per cent (20%). Renewals of any annual or multi-year hosting services will be on the same eighty per cent (80%) twenty per cent (20%) basis.
      4. You acknowledge that in regard to the cancellation of Website Hosting purchased on a monthly basis, from us, no refund will be payable on a pro-rata basis or otherwise.
      5. Whilst with some of our hosting packages we do not limit the amount of bandwidth your site can use, this still needs to comply with our hosting agreement with You. Should your bandwidth present a risk to the stability, performance or uplift of our servers or have an adverse effect on other customers we will notify you via email and you may be required to upgrade to a virtual private server or dedicated server or we may restrict the resources your website is using.
  4. Duration
    1. The Contract for Web Hosting Services will be for a period which depends on the package chosen (“Minimum Term”) starting at the time the order is accepted after which it will expire unless it is renewed for a subsequent period. Monthly and auto-renewable services may be terminated by not less than ten (10) working days notice, via your online Account with us, expiring on your billing date for the product specified in your Account with us.
  5. Consequences of termination
    1. On termination for any reason, we will cease providing the services and your Website will be deleted.
    2. We shall be entitled to payment of any charges set out in paragraph 3 of this Schedule C
    3. Please refer to our Refund Policy (www.register365.com/legal.html).
  6. Maintenance
    1. In order to ensure good performance of the servers, we need to perform routine maintenance. This may mean that we need to take our servers off-line. Where possible, we perform such maintenance during off-peak hours. We will try to give you advance notice of any maintenance which requires the servers to be taken off-line by sending you an email to your notified email address or on our network status page at http://status.names.co.uk/ and we will try to keep interruption to a minimum.
    2. We also may need to, and reserve the right to, suspend the service if you exceed your maximum bandwidth transfer quota as notified to you.
  7. Storage Capacity
    1. Each package/service is allotted an aggregated storage capacity initially equal to the total storage capacity of all the mailboxes of that account and website files.
    2. You acknowledge that we have no control over any content placed on your website (either by yourself or by website visitors) and that we do not purport to monitor your website content or software. Without prejudice to our rights of termination in the General Provisions, we retain the right, but shall not under any circumstances be obliged, to immediately and without prior notice to you, remove content or software from your website, or suspend the service, where we become aware or reasonably suspect that such content or software constitutes illegal (including defamatory) material, infringes the intellectual property, or other rights, of any third party, or is in breach of our Acceptable Use Policy.
    3. You hereby accept that the sole purpose of the Web Hosting Services is the hosting of website files on our servers and platforms. You acknowledge that it is strictly forbidden to use the storage capacity allotted for any other purpose, such as, but not limited to, for the storage, backup, or archive of electronic files, documents, log files etc. We reserve the right to suspend the services and/or to cancel the contract in such case.
    4. Whilst with some hosting packages we offer unlimited storage we do not limit the amount of storage your site can use, this still needs to comply with our hosting agreement with You. Should your storage useage present a risk to the stability, performance or uplift of our servers or have an adverse effect on other customers we will notify you via email and you may be required to upgrade to a virtual private server or dedicated server or we may restrict the resources your website is using.
  8. Security
    1. We try to ensure server security and integrity of data at all times. However, despite our efforts, issues may occasionally arise which are beyond our reasonable control. Where an issue does arise with a specific service, we will use all reasonable efforts to resolve the problem. However, we do not guarantee that we can restore any lost or corrupted data and we will have no liability for the loss or corruption of any data. It is your responsibility to ensure that you back up your data as necessary for you.
    2. We scan all files on upload via FTP. While we do our best to block infected files, we cannot guarantee that we will catch them all. We cannot be held liable for any virus infections caused by visits to your site.
  9. Ownership of data and indemnity
    1. All data created or stored by you within our applications and servers are your property.
    2. We will allow access to such data only by our authorised personnel as may be necessary to provide the services.
    3. You will indemnify us, hold us harmless and keep us indemnified against any claim, loss or damage in respect of any web server content, email content or any other data contained on our servers or within applications on our servers.
  10. Your obligations
    1. You must notify us if you become aware of any unauthorised use of all or any part of the Website Hosting.
    2. You will maintain and keep confidential all user names and passwords and not disclose them to any unauthorised party. If you have any reason to believe that any such confidential information has become known to an unauthorised party, you should inform us immediately.
    3. You undertake to allow us access at all reasonable times to perform maintenance or other actions necessary to ensure continued access to the Internet.
    4. You will be liable for all activities or charges and associated costs resulting from use of the service whether or not authorised by you and you acknowledge that we will not be liable for any loss of data or confidential information or other damage arising from such use.
    5. You represent that you have sufficient technical knowledge to enable you to make use of the service. You also represent that you know the nature of shared hosting and notably that the servers and platforms are shared with other customers.
    6. Failure to comply with any of your obligations as set forth herein or any use of the Web Hosting Services for illegal purposes or if the use of the services by you or by any party harms or affects the servers, platforms, quality of service or networks of Namesco Ireland Limited, other customers or third parties, we reserve the right to suspend the services, even without prior notification, and possibly cancel the contract. You remain solely responsible for the suspension and/or the cancellation of the services and for any direct and indirect consequences that may arise. You formally accept that no refund, voucher, or any other type of compensation will be issued in case of suspension and/or cancellation.
  11. Liability
    1. You acknowledge that you have sole responsibility and liability for the design and maintenance of the website and for ensuring that it does not infringe the intellectual property or other rights of any third party and is not illegal. You are responsible for securing your website and for making sure your files, scripts and any other elements are up-to-date, safe and secure at all times.
    2. You acknowledge that we have no control over any content placed on your website (either by yourself or by website visitors) and that we do not purport to monitor your website content or software. Without prejudice to our rights of termination in the General Provisions, we retain the right, but shall not under any circumstances be obliged, to immediately and without prior notice to you, remove content or software from your website, or suspend the service, where we become aware or reasonably suspect that such content or software constitutes illegal (including defamatory) material, infringes the intellectual property, or other rights, of any third party, or is in breach of our Acceptable Usage Policy.
    3. We do not guarantee the proper delivery of any email message or other data once it has left the confines of our network, and similarly we do not guarantee that data traffic will be delivered or that its contents will be held secure once it passes out of our control.
    4. Where we supply third party equipment, software or applications, our responsibilities are limited to the level of warranty provided by the third party.

SCHEDULE D

Terms and conditions relating to our SiteMaker Service ("the Service")

The Service is provided by a third party company, SiteMaker Software Limited, and branded by us as SiteMaker. The Terms and Conditions below relate to the sale and provision of the Service through us, in conjunction with these terms you also agree to SiteMaker's End User License Agreement, which can be found online at http://www.register365.com/company-sitemaker-eula.html

  1. Definitions

    In this schedule:

    1. "Brand Features" means all trade marks, service marks, logos and other distinctive brand features.
    2. "Links" means button pointer graphic text (including our Brand Features) incorporated within your Site, which permit users to navigate directly to our Site.
    3. "Product" means any item offered for sale through our Site.
    4. "Site" means either your World Wide Web site or one belonging to us.
    5. "Sub-domain Name" means a name selected to be part of your free 14 day trial.
    6. "The trial", "free trial", "14 Day FREE Trial" means the free 14 day trial of the Service.
    7. "User" means a visitor referred to our Site through the Links on your Site.
  2. Orders
    1. Your order must be submitted to us using either the on-line order form or through one of our representatives.
  3. Service
    1. A description of the packages and services we offer can be found on our web site www.register365.com/sitemaker.html
    2. First Line Technical Support for the Service is provided by Register365.
    3. The Service is not available to customers with a shared hosting package on their domain.
  4. Requirements for Service
    1. The Services must be used in respect of a registered domain name, except if you have signed up for "14 Day FREE Trial", where you are required to select your subdomain of "Subdomainname".my14daytrial.ie
  5. Activation of Service
    1. In order to activate the Service you need to login to your account with us and follow the instructions supplied under SiteMaker.
    2. In order to activate "14 Day FREE Trial" you need to ensure you have provided us with username, password, valid email address and Sub-domain Name.
  6. Duration
    1. The contract for the provision of the free trial is for 14 days from date of signup and/or order. At end of your free trial, your SiteMaker account and its content will be frozen and/or deleted, unless transferred to a registered domain with an associated SiteMaker product through us.
    2. If you transfer the Service to an associated SiteMaker product through us following expiry of the free trial, the Service will continue on an ongoing basis, unless terminated in accordance with clause 8 below.
  7. Charges
    1. We require payment in advance for the purchase and renewal of the Service.
  8. Termination
    1. The Service may be terminated by you at any time on giving 30 days written notice to us, or will be deemed to have been terminated by you through non-payment of the renewal due on the expiry date of the Service. Please note that should you terminate the Service your site(s) and all its contents will be deleted. Please note that deleting your site(s) does not terminate your contract, you need to explicitly cancel the subscription in writing.
    2. Neither us nor SiteMaker can take any responsibility for additional funds charged to you unless you explicitly terminate your subscription and receive confirmation that this has taken place.
    3. We shall be entitled to terminate the Service immediately on serving written notice if:
      1. Our third party provider is unable to provide the Service or becomes bankrupt or has a receiver or administrator appointed over all or any part of their assets
      2. It becomes unlawful for us to provide the Service
    4. Please refer to our Refund Policy (www.register365.com/legal.html).

SCHEDULE E

Terms and conditions relating to our Ecommerce Service ("the Service")

This Service Order ("SO") is an integral and essential part of the General Conditions of Service ("GCS"). The GCS and this SO establish the terms and conditions for provision of the Ecommerce Service ("Service" or “Ecommerce”) by Namesco Ireland Limited (‘Register365’) to the Client. The acceptance and/or the validation of the Order Form by the Client involves full acceptance of the current SO.

  1. Definitions

    In this Schedule:

    1. "Service": means the provision of the Ecommerce Solution by Register365 to the Client
    2. "Ecommerce Solution": means the Hosting service offered by Register365 allowing the Client to publish and create an online shop without advanced technical knowledge using the Editor’s Software
    3. "Editor": means ePages, owner of the Software used to provide the Ecommerce Solution
    4. "Software": means the program owned by the Editor and delivered by Register365 in the Ecommerce Solution
    5. "Client": means the legal entity entering into this SO
  2. Description of the Ecommerce Service
    1. Register365 offers the Client several types of Ecommerce solutions allowing the Client to publish and edit an online shop using the Software edited by the Editor, which website is accessible at the following URL http://www.epages.com/en/.
    2. The Client hereby recognises that he/she acquires only a non-exclusive and non-transferrable licence to use the Ecommerce Software, valid only for the duration subscribed to by the Client.
    3. The Client hereby officially accepts to comply with the terms and conditions of use of the licence established by the Editor accessible at the following URL http://www.epages.com/en/about-us/tc/.
    4. The Client commits not to infringe or violate the Editor’s rights on the Software in any way, in particular, the Client commits not to copy, modify, adapt, redistribute, decompile, create derivative works, disassemble, etc. the Ecommerce Software in any way.
    5. The Client accepts that the Ecommerce Software is not modifiable. The Editor has the exclusive right to modify the code of the Software. The Client accepts that the Software is delivered “as is” without any warranty of any kind including, but not limited to, fitness to a particular purpose, absence of bug, etc. The Client hereby accepts the software is configurable and manageable only to the extent permitted by the Editor. The Client therefore waives all recourse against Register365, its’ agents, employees, contractors, affiliates and group companies on these aspects.
  3. Responsibilities of the Client
    1. The Client is solely responsible for the management and the configuration of his/her online shop. Such management and configuration will have to be done via the Online Control Panel associated to the online shop only. Register365 assumes no liability of any kind in that respect, for instance, in case of accidental deletion of the online shop by the Client. The Client hereby acknowledges that Register365 shall not manage the shop or the data on his/her behalf and will not assume any related costs.
    2. The Client will be able to insert certain types of computer code such as HTML, CSS, Flash animations etc. on the online shop, in the limits authorised and compatible with the Ecommerce Software, under his exclusive responsibility and at his/her own expense. The Client remains solely responsible for any kind of malfunction, problem, bug etc. with the online shop arising from, out of or in connection with the insertion of the code.
    3. The Client is informed that Register365 shall not save or backup the shops and the related data. The Client therefore commits to constantly backup his/her data (products, prices, pictures etc.) under his/her own responsibility and at his/her own expense and must be ready to republish and reconfigure the online shop at all times.
    4. The Client will be able to upgrade or downgrade his/her Ecommerce Solution under the applicable technical and financial conditions at the moment such change is ordered. The Client is informed that he/she will have to save all his/her data prior to completing a downgrade as such operation will lead to the complete and permanent destruction of the online shop. After the downgrade is completed, the Client will have to republish and reconfigure the online shop entirely. The Client shall therefore contact Register365 regarding the upgrade and downgrade consequences and conditions prior to changing his/her Ecommerce Solution. The Client remains solely responsible for all the consequences of such upgrade or downgrade.
    5. The Client commits and agrees to comply with all legal and or statutory formality, obligations and declarations etc., required for the exploitation and publication of the online shop, under his/her own responsibility and at his/her own expense. Register365 assumes no liability of any kind for any of these obligations and formalities.
    6. The Client formally commits and agrees not to use the Service for any kind of illegal purpose and commits to respect all applicable regulations, norms and laws.
    7. Shall the use of the Service deteriorate the Internet and/or the servers and/or platforms and/or the networks of Register365, its’ Clients or third parties, Register365 reserves the right to suspend the Service, without prior notification, and cancel the contract if this is deemed necessary. The Client remains solely responsible for the suspension of the Service and the cancellation of the contract and all direct and indirect consequences. The Client formally accepts and agrees that no refund, no voucher and no compensation shall be issued in these circumstances.
    8. In case the Client fails to comply with any of the clauses of the present SO, Register365 shall have the right to cancel the contract immediately, without prejudice to its’ right to full payment of the consideration and right of Register365 to take any action for full indemnification of the damages that it might have incurred.
    9. In no event shall Register365 accept liability for any claim, damages or other liability arising from, out of or in connection with the use of the Service.
    10. The Client shall indemnify and hold harmless Register365 and its’ directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to use of the Service.
  4. Maintenance of the Service
    1. Register365 shall undertake its’ best efforts to keep the technical platform hosting the online shops operational. The Client is informed that Register365 may run maintenance operations on the platform when required; the Client acknowledges that such operations might lead to the momentary unavailability of the online shops. Register365 shall undertake its’ best efforts to warn the Client in advance via the Online Control Panel.
    2. The Client remains solely responsible for any kind of malfunction, bug, incompatibility or any other problem on the online shop due to or in connection with the program code inserted by the Client on the shop that could occur after the maintenance operations. The Client is solely responsible to fix such bugs or technical problems himself/herself and at its’ own expense.
    3. The Client is informed that the potential technical problems on the Ecommerce Software which are discovered shall be escalated by Register365 to the Editor. The Client accepts that the Editor will undertake its’ best efforts to fix the problem in a variable period of time that may take several months, depending notably on the complexity of the issue at stake. The Client therefore waives all recourse against Register365 its’ employees, agents contractors, affiliates and group companies in that respect.
  5. Term
    1. The Service is valid for the duration that the Client has subscribed to. At the expiry date, the online shop will automatically be cancelled and all data will be deleted. The Client shall therefore renew and pay for the Service before the expiry date. Register365 assumes no liability whatsoever for any loss or damages, such as, but not limited to, loss of data, loss of profit, loss of business etc., arising from or in connection with the non renewal of the Service in due time.
  6. Consideration and Payment
    1. Payment procedures and fees due for the Service are indicated on Register365’s website and/or in the Online Control Panel and/or by email. The Client commits to comply with the payment conditions and shall pay Register365 the required fees. The Service will be activated only when the payment shall be received by Register365.

SCHEDULE F

Terms and conditions relating to our CloudSite Service ("the Service")

The Service is provided by a third party company, "The Platform Software Limited", and branded by us as "CloudSite." The Terms and Conditions along with our General terms and conditions and acceptable use policy relate to the sale and provision of the Service through us.

  1. Definitions

    In this schedule:

    1. "Brand Features" means all trademarks, service marks, logos and other distinctive brand features.
    2. "Links" means button pointer graphic text (including our Brand Features) incorporated within your Site, which permit users to navigate directly to our Site.
    3. "Product" means any item offered for sale through our Site.
    4. "Site" means either your World Wide Web Site or one belonging to us.
    5. "Sub-domain Name" means a name selected to be part of your free 14 day trial.
    6. "The trial", "free trial", "14 Day FREE Trial" means the free 14 day trial of the Service.
    7. "User" means a visitor referred to our Site through the Links on your Site.
  2. Orders
    1. Your order must be submitted to us using either the online order form or through one of our representatives.
  3. Service
    1. A description of the packages and services we offer can be found on our website www.register365.com/create-a-website/cloudsite
    2. First Line Technical Support for the Service is provided by Namesco Ireland.
    3. The Service is not available to customers with a shared hosting package on their domain.
  4. Requirements for Service
    1. The Services must be used in respect of a registered domain name, except if you have signed up for "14 Day FREE Trial", where you are required to select your subdomain of "Subdomainname" at mycloudsite.co.uk
  5. Activation of Service
    1. In order to activate the Service you need to log in to your account with us and follow the instructions supplied under CloudSite.
    2. In order to activate "14 Day FREE Trial" you need to ensure you have provided us with username, password, valid email address and Sub-domain Name.
  6. Duration
    1. The contract for the provision of the free trial is for 14 days from date of signup and/or order. At end of your free trial, your CloudSite account and its content will be frozen and/or deleted, unless transferred to a registered domain with an associated CloudSite product through us.
    2. If you transfer the Service to an associated CloudSite product through us following expiry of the free trial, the Service will continue on an ongoing basis, unless terminated in accordance with clause 8 below.
  7. Websites created and Content submitted
    1. By submitting Content to BaseKit for the creation of a website in BaseKit, you grant BaseKit a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content within the BaseKit platform. This license exists only for as long as you continue to be a BaseKit customer and shall be terminated at the time your website is terminated.
    2. You acknowledge that BaseKit does not pre-screen Content, but that BaseKit shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, BaseKit shall have the right to remove any Content that violates their T&Cs or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
  8. Charges
    1. We require payment in advance for the purchase and renewal of the Service.
  9. Termination
    1. The Service may be terminated by you at any time on giving 30 days written notice to us, or will be deemed to have been terminated by you through non-payment of the renewal due on the expiry date of the Service. Please note that should you terminate the Service your site(s) and all its contents will be deleted. Please note that deleting your site(s) does not terminate your contract, you need to explicitly cancel the subscription in writing.
    2. Neither us nor The Platform Limited can take any responsibility for additional funds charged to you unless you explicitly terminate your subscription and receive confirmation that this has taken place.
    3. We shall be entitled to terminate the Service immediately on serving written notice if:
      1. Our third party provider is unable or unwilling to provide the Service or becomes bankrupt or has a receiver or administrator appointed over all or any part of their assets
      2. It becomes unlawful for us to provide the Service
    4. Please refer to our Refund Policy (www.register365.com/info/terms).

SCHEDULE G

Terms and conditions for the provision of Office 365 Services.

Office 365 Services are provided by a third party company, Microsoft. This Schedule is accepted in conjunction with Our General Terms and Conditions and relates to the sale and provision of Office 365 Services through us. In conjunction with these terms you also agree to the “Online Services Use Rights" meaning the Microsoft use rights for Products which are published at http://www.microsoft.com/licensing/onlineuserights/english

  1. Definitions
    1. "Microsoft" means the third party company providing the Products and their respective affiliates, subsidiaries and service providers.
    2. "Minimum Term" means the minimum amount of time that you may purchase the Product for after the order has been accepted.
    3. "Online Services Use Rights" means the usage rights set out by Microsoft who provides this service which you must agree to when using the Product.
    4. "Product" means Office 365 Services provided by Microsoft and available for purchase from us as listed at https://www.register365.com/info/company/price-list
    5. "Us, We, Our" means Namesco Ireland Limited.
    6. "You, Your" means the Customer.
  2. Orders
    1. Your order must be submitted to us using either the on-line order form or through one of our representatives. The services must be used in respect of a registered domain name.
    2. If we accept your order, the processing of your request will start immediately.
  3. Services and charges
    1. Details of our services and our price list can be found on our web site at https://www.register365.com/info/company/price-list
  4. Duration
    1. The contract for Products will be for a period which depends on the package chosen ("Minimum Term") starting at the time the order is accepted after which it will expire unless it is renewed for a subsequent period. This is subject to the provisions for early termination set out in the general terms and conditions.
  5. Consequences of termination
    1. On termination for any reason, we will cease providing the services and your Products will be deleted.
    2. If the termination is during the Minimum Term you will be liable to pay us the charges that would have arisen from the date of termination until the expiry of the Minimum Term.
    3. If you have a monthly package you are not eligible for a refund.
  6. Ownership of data and indemnity
    1. All data created or stored by you within our applications and servers is your property.
    2. We will allow access to such data only by our authorised personnel.
    3. You will indemnify us and keep us indemnified against any claim, loss or damage in respect of any content, email content or any other data contained within your Products.
  7. Use of Products
    1. Your use of the Products is subject to the following terms and conditions:

    2. You agree to the “Online Services Use Rights" meaning the Microsoft use rights for Products which are published at http://www.microsoft.com/licensing/onlineuserights/english and include but are not limited to terms governing privacy and the handling of your data.
    3. You represent and warrant that you have the necessary rights to any data, software programs or services that you use in connection with your access or use of the Products and that such activities do not infringe the intellectual property or other proprietary rights of any third party.
    4. You agree to access and use the Products:
      1. without violating the rights of any third party or purporting to subject Us or Microsoft to any other obligations to you or any third party, and
      2. solely in a manner that comply with all applicable laws and regulations.
    5. We will provide support to you for use of the Products and you will not receive customer support from Microsoft.
    6. This Agreement is for the benefit of Microsoft and Microsoft Affiliates, licensors and suppliers, and each of the foregoing shall be entitled in its own right to require the due performance of this Agreement.
    7. Availability of Online Service, some of its functionality, and language versions varies by country. End users may only use the Online Service or certain functionality of the Online Service, as is made available in the primary location of the end user. Information on availability is located at http://www.microsoft.com/online/faq.aspx#international or at an alternate site Microsoft identifies.
  8. Warranties
    1. We warrant that:

    2. Products will perform in accordance with the https://www.register365.com/info/terms/service-level-commitment
    3. Limited warranty term. The limited warranty for Products is for the duration of your use of the Products.
    4. Limited warranty exclusions. This limited warranty is subject to the following limitations::
      1. any implied warranties, guarantees or conditions not able to be disclaimed as a matter of law will last one year from the start of the limited warranty;
      2. this limited warranty does not cover problems caused by accident, abuse or use of the Products in a manner inconsistent with this agreement or the Online Services Use Rights, or resulting from events beyond our reasonable control;
      3. this limited warranty does not apply to problems caused by the failure to meet minimum system requirements; and
      4. this limited warranty does not apply to free, trial, pre-release or beta Products.
    5. Remedies for breach of limited warranty. If we fail to meet any of the above limited warranties and you notify us within the warranty period that Products do not meet the limited warranty, then we will provide the remedies identified in the Service Level Commitment for the affected Products. These are your only remedies for breach of the limited warranty, unless other remedies are required to be provided under applicable law.
    6. DISCLAIMER OF OTHER WARRANTIES. OTHER THAN THIS LIMITED WARRANTY, WE AND MICROSOFT AND THEIR AFFILIATES AND ALL THIRD PARTY SERVICE PROVIDERS PROVIDE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, DISCLAIM ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM.

SCHEDULE H

SiteLock Terms and Conditions

Service Order for the SiteLock product

Following are the specific contract conditions for every SiteLock solution purchased on Register365.

This Service Order (hereinafter "SO") is an integral and material part of General Terms and Conditions Conditions (hereinafter "GTC") of Register365, (hereinafter, "the Company"). The GTC and this SO set out the terms and conditions for the delivery of the service SiteLock (hereinafter "Service") by the Company to the Customer. The terms with capital initials in this SO have the same meaning as set out in the GTC. The commercial offer published online on the website http://www.register365.com/ (http://www.register365.com/) is an integral part of these conditions.

  1. Description of the Service The Service is activated by the Customer after purchase, by clicking on the purchase button on the either the Namesco Ireland website or Customer Control Panel. The Service supplied will enable the Customer to perform safety auditing on its own website, to analyse its vulnerabilities and to remove such vulnerabilities, subject to the Service package purchased. The Company reserves the right to change the features of the service and/or transfer the Service to other platforms enjoying the same or higher quality, without your prior consent at any time. Such changes will be effective immediately on posting to Our website. Your use of Services after such changes have been made constitutes your acceptance of our Contract as then revised. If you are a consumer and we change these terms to your material disadvantage, you have a right to terminate this agreement with immediate effect. The Service is provided with different solutions, each of which is defined by special technical features. Possible solutions appear up to date on the Company website, together with their technical differences and cost.
    1. Information notice on data processing The Service is provided by SiteLock LLC, an external provider which acts as autonomous data controller, located in the U.S. and registered in the Safe Harbor registry (http://www.export.gov/safeharbor). The Customer acknowledges and agrees that the Company acts exclusively as reseller of SiteLock LLC and that the use of the Service implies the access by SiteLock to personal data or to contents lead into the web by the Customer (i.e. for the delivery of reports as a result of the execution of the scan). This information is processed by SiteLock as autonomous data controller. For further details please read the SiteLock Privacy Policy, by following the link: https://www.sitelock.com/downloads/SiteLock_Privacy.pdf . When activating an account, Customer consent will be required to allow the Company to share some of your personal data with SiteLock. Only data that is strictly necessary to activate the Service will be required, namely the Customer (email address and website name). Consent to the communication of personal data to SiteLock is voluntary, however, without it, it is not possible to provide you with the Service. The Service is supplied by the Company according to the Data Protection Act 1998 and the Company Privacy Policy published on the home page of the Company's website, that the Customer declares to have read and understood.
  2. Conditions of use of the Service The Customer hereby acknowledges that he is only purchasing a non-exclusive licence, which cannot be transferred to third parties, to use the software, such licence being valid only for the duration of the Agreement entered into signed by the Customer. The Customer engages to use the Service in compliance with the use of The Services obligations in clause 3 of the GTC, with this SO and with any applicable prescription or regulation.
    1. Association with a website The Service is provided by the Company in reference to a single website chosen by the Customer at the time of first configuration (so-called "association"). Association with a website different from the one first established will be granted only on request to the technical office and will in any case be limited to no more than 3 times a year. Exceptions to this rule will be assessed by the Company on request by the Customer. Unless there is evidence to the contrary, for the purposes of this OS the Customer undertakes that they may legitimately dispose of the website associated with the Service, as the owner or in any case as a party authorised by an entitled third party.
    2. Activities carried out by SiteLock on the Customer's website By purchasing the SiteLock product, the Customer authorises SiteLock to:
      • use the credentials the Customer has set inside the SiteLock dashboard in order to deliver the Service (website scanning, automatic malware removal)
      • download the whole Customer website on its own servers in order to deliver the service (website scanning, monitoring modified/added/deleted files)
      • diagnose, solve and/or remove any malware or link to malware, change the code of the website in order to remove any identified vulnerabilities
      • contact Google, Phishtank or other malware listing authority in the name and on behalf of the Customer in order to remove the website from any blacklist on which it may appear
    3. Service use rules The Customer may not use the Service in such a way as to overload the delivery platforms of the Service. The Customer may not use any of the IP addresses or any of the platforms through which the Service is delivered to launch any kind of attack on third party IP addresses, send unwanted internet messages to anyone, commit illegal deeds, transmit or save illegal data. Should the Customer - intentionally or by mistake - access any information not directly addressed to him, he must notify this breach to the Company and delete any copy which he may possess. Throughout the extent and duration of this SO, the Customer must, at his own liability and charge:
      • use the Service for legitimate purposes only. By way of example only, the following are held to be illegitimate: i) breaking ordinary law and current regulations; ii) committing or enabling criminal actions; iii) instigating violence or racism; iv) breaching intellectual property rights or other rights of third parties; v) sending unauthorised or unrequested commercial notices; vi) breaking into or computers, software or networks; vii) intercepting, downloading, copying, interfering with, damaging or expropriating any system, data or personal information; viii) damaging websites or services of the Company or of third parties;
      • comply with any and every instruction which may be issued by the Company concerning appropriate and correct use of the Service.

      The Company reserves the right to suspend the Service immediately, if - at its discretion or upon complaint by third parties - it believes that activities have been committed which break the law, imperative rules, decent behaviour, of this SO and/or of the GTC. In such case, after notice by the Company, the Customer must eliminate the cause of the complaint or submit proper documentation proving full compliance with current regulations in his activities. Should the Customer acquire the Service on behalf of third parties, he must inform such third parties concerning the reasons for suspension of the Service. The Company reserves the right to contact directly any third parties who are final users of the Service, should these contact the Company asking to have the Service restored. Should no immediate reply be received, the Company will have the right to cease delivering the Service without prejudice to its entitlement to full payment of the consideration due or to the Company's right to take legal steps for full reimbursement of any damage incurred.

    4. Customer Liability The Company has no control over or access to the data submitted for verification to the Service. Any liability arising from such data and contents shall fall entirely on the Customer. It is the exclusive liability of the Customer to properly preserve access credentials and take appropriate steps to prevent unauthorised access by third parties to the Service.
    5. Company Liability The Service will be available 24 hours a day seven days a week, except for any suspension due to upkeep work. The Customer takes note that the Service is provided "as is", without any warranty, explicit or implicit, of operation, holding the Company harmless for any liability in case of malfunction or loss of data or contents due to problems with SiteLock's software or to operations carried out by SiteLock on the IT systems and/or websites chosen by the Customer. The Company also shall in no case be held liable in case of malfunction of the Service due to reasons beyond its reasonable control, including by way of example only :
      • cases of force majeure;
      • events depending on actions by third parties such as, by way of example only, interruption or malfunction of telecommunications and/or power services;
      • malfunction of terminals or other communications systems employed by the Customer;
      • The Customer accepts and acknowledges that the Company will neither check nor monitor correct activation of the Service and may in no way be held liable in case of mistaken or failed activation of the Service. In any case, no liability on the part of the Company towards the Customer due to prejudice arising from this agreement may exceed the total amount actually paid by the Customer to the Company during the six months immediately preceding the arising of the event which determined the above mentioned prejudice.
    6. Limitation of SiteLock's liability The Customer acknowledges and accepts that in some circumstances, SiteLock will carry out an analysis of the customer website using automatic or manual system which identifies vulnerabilities of the website or of the network which i) may be deemed invasive or intrusive, and include attempts by SiteLock or its agents to access - without permission - the IT Customer's system in order to make the Customer aware of areas in which the system is vulnerable to intrusions by unauthorised third parties leading to damage or unauthorised use, ii) may accidentally damage the Customer's system because of lack of consistency among network systems, iii) may generate an excessive number of log messages and give rise to an excessive consumption of disk space, iv) may cause degradation of the Customer's system due to an attempted penetration including, by way of example only, slowing down, suspension, blocking of the Customer's system, possible malfunction of the Customer's system as the result of an attempted invasion of such a system, or any other damage due to the use of invasive or intrusive techniques employed to gain access to the Customer's system. The Customer permits allows SiteLock to access get into the IT system of the Customer only in order to provide the contract assessment services. The Customer authorises SiteLock to carry out Security Audits on any device and IP specified by the Customer. The Customer acknowledges and accepts that SiteLock shall not be held liable for any delay or damaged caused by SiteLock's Services, including the Security Audits and activities clause under art. 2.2. The Customer furthermore explicitly acknowledges that SiteLock is not bound by any obligation, contract liability or guarantee in case of loss of profit or of data or because of any incidental, consequential or indirect damage, foreseen or foreseeable, unforeseeable or in any case due to use of the service, within the limits set by the law. Such limitations apply to any kind of complaint or request for action, including by way of example only, any arising from availability of the Service, from access by the Customer to third party services, contents or software and their use, as well as any other matter relating to the service.
    7. Complaints The Customer must notify any irregularity in the Service by return registered mail within 48 hours. Failure to do so will make the Company harmless for any liability.
  3. Duration The duration of this SO, is determined by the package purchased by the Customer. Renewal at expiry may be automatic or manual.
    1. Expiry with automatic renewal In case of automatic renewal and payment by credit card, the consideration referred to in the following paragraph "Consideration and Payments" will be charged, in the terms provided for and at the conditions existing at the time of the renewal, as shown on the Control Panel, directly by the Company to the Customer's credit card, after notice by e-mail. Should the Company fail to pay such a charge, the contract will not renew automatically and must be considered to have expired upon expiry of the term. In this case, the Customer may renew the Service by following the manual renewal procedure. In case of expiry with automatic renewal and payment using a system different from credit card, the Company, 20 days before expiry, after notice by email, will undertake the renewal and send the invoice bill to the Customer who must pay in terms specified. The invoice and relevant payment instructions will be sent by e- mail to the Customer’s address at the time of the order. Should the Customer fail to pay in the expected terms, the Company may at any time cut off terminate delivery of the Service, without prejudice to the provisions of charges and payment terms clause 5 of the GTC. In this case, any data present on the space made available with the Service will be deleted without any liability by the Company for preserving and/or saving such data.
    2. Expiry with manual renewal In case of expiry with manual renewal, the Customer may ask the Company - using the online procedure made available by the Company - to renew the Service with this SO for further and later periods in the terms appearing on the Customer's Control Panel and at the technical and economic conditions current at the time of renewal of the Service and undertaking the renewal procedure. In case of failure to renew, in the manner and terms prescribed , upon expiry the Service will cease to be delivered and this SO will cease to produce its effects by law, without need for any notice by the Company. In this case, any data present on the space made available with the Service will be deleted without any liability by the Company for preserving and/or saving such data.
    3. Termination of the contract In any case of termination of the effects of this contract and/or should the Conditions of use of the Service hereinabove cease for any reason, all the functions provided for in the offer will be deactivated.
  4. Price and Payments The price of the requested Service is as indicated in the Offer. The Service is agreed upon from the time of payment of the price of the Service in the manner laid down in the offer. The price of the renewal will be the list price applied by the Company at the time the Customer makes his request, as it appears on the Customer Control Panel.

SCHEDULE I

Terms and conditions relating to our KickStart Service ("the Service")

The KickStart Service is provided by Namesco Ireland Limited (‘Register365’). The web page is provided by a third party company, "The Platform Software Limited", and branded by us as "CloudSite." The Terms and Conditions below relate to the sale and provision of the KickStart Service and in conjunction with these terms you also agree to CloudSite Service terms and conditions referenced in Schedule F and located at http://www.register365.com/info/terms/business-terms#schedulef

The Terms and Conditions along with our General terms and conditions and acceptable use policy relate to the sale and provision of the Service through us.

  1. Definitions

    In this schedule:

    1. "Email account" is the email account that will be activated and setup support provided for relating to your Services package and the domain associated with it
    2. "Email activation" is the process of supporting you to activate one mailbox where telephone support is no longer than one hour, inclusive of Email Assistance
    3. "Email Assistance" relates to process of up to one hour of telephone support configuring one authenticated SMTP, one email client, one device and accessing Register365 WebMail
    4. "Web Page" means the one page website we will provide to you as part of the KickStart+ package
    5. "Your Content" relates to the website content provided by you by submitting your KickStart form
    6. "Amendments" means a request for small changes to your KickStart web page, which may include but are not limited to content changes (i.e. logo used, spelling mistakes, changing contact details, form submission location and social link addresses)
  2. Orders
    1. Your order must be submitted to us using either the online order form or through one of our representatives.
  3. The Service
    1. A description of the packages and services we offer can be found on our website http://www.register365.com/domain-names/info/kickstart. Authenticated SMTP is included at zero cost for a period of twelve months, after which if you choose to renew Authenticated SMTP it can be done in line with our standard price list which can be viewed at www.register365.com/info/company/price-list
    2. First Line Technical Support for the Service is provided by Namesco Ireland Limited.
    3. The Service is not available to customers with a shared hosting package on their domain.
  4. Requirements for Service
    1. The Services must be used in respect of a registered domain name.
  5. Activation of Service
    1. In order to activate the Service you need to log in to your account with us and follow the instructions supplied in the welcome email sent to the account administration email you supplied. You will be required to log into your Register365 Online Control Panel, complete the KickStart form accurately and press submit. Once received, you will be contacted by an advisor to verify the information and begin your service activation.
  6. Email Activation
    1. We will begin your email activation process for one mailbox once you have provided us with Your Content, and any other materials and information that we request from you in order for us to provide the Services. Activating your email includes creating a mailbox and an email address with a username of your choice.
    2. You will be required to create a password for the email user account in your Online Control Panel to guarantee that your password remains safe. We will contact you once the email has been created and provide step by step support to help you create your email user and activate the following features:
      1. Mailbox creation and username login settings (including username, full name, password and email settings)
      2. Email forwarding
      3. Creating Email rules. Email rules are used to specify where the email sent to any email address, for your domain name is delivered. The destination can be the mailbox of a user for this domain (or any other hosted domain on your account), and/or an external email address. Alternatively, you can specify the destination to be a 'blackhole'. This is an address that accepts email, but immediately deletes it.
    3. Additional mailbox activations: All domain names come with an email package included and this KickStart package will activate one mailbox associated to that domain name. Additional KickStart email activations are subject to additional KickStart Services charges.
  7. Email Assistance
    1. We will begin your email activation process for one mailbox once you have provided us with Your Content, and any other materials and information that we request from you in order for us to provide the Services.
    2. We will contact you to complete the email activation process and once your email has been activated we will provide up to one hour of telephone based support to assist with setup of the following:
      1. Activation of Authenticated SMTP on your email
      2. One email client configuration that will enable you to send and receive emails from your chosen email client
      3. One device configuration that will enable you to send and receive emails from your chosen device
      4. Assistance to access Register365 WebMail
    3. The Services include up to one hour of telephone based support inclusive of both email Activation and Email Assistance. If after one hour of telephone support you are not happy that your email has been activated and configured correctly, we will assess whether reasonable and fair guidance has been given to complete the activation process.
    4. Entirely at Our discretion we reserve the right to offer additional support time to assist with activating the Services or we may choose to end the Services after one hour of telephone support. You will be responsible to pay 50 percent of the charges paid for The Service for the costs associated with the one hour of telephone support offered. A partial refund of 50 percent of the value paid for the Services will be refunded to You.
  8. Web Page Creation
    1. We agree to build a one page website selected from template chosen by you and provide the website for your approval (features of the web page are limited to the options available in the KickStart+ package). We will only start building your website once you have provided us with Your Content, and any other materials and information that we request from you in order for us to provide the Services.
    2. We will undertake one round of amendments (that reasonable) to your web page within two weeks from the day of the sign off email that we send to you.
    3. If you have not provided us with Your Content by submitting the KickStart Form in your Register365 Online Control Panel, and any other materials and information that we have requested from you in order for us to provide the Services within eight weeks of us issuing you a Confirmation of Order for the Service we will automatically cancel the Service without a full refund. We may not be able to fulfil the Services if we become aware or suspect that Your Content constitutes illegal (including defamatory) material, infringes the intellectual property, or other rights, of any third party, or is in breach of our Acceptable Usage Policy.
    4. We will set your KickStart+ web page live on the earliest of the following to occur: (1) we receive your confirmation that the web page is complete; or (2) if on completion of the design of your web page, we are unable to contact you, or we receive no response from you.
  9. Duration
    1. KickStart and KickStart+ are one-off packages
    2. We shall be entitled to terminate the Service immediately on serving written notice if:
      1. Our third party provider is unable or unwilling to provide the Service or becomes bankrupt or has a receiver or administrator appointed over all or any part of their assets
      2. It becomes unlawful for us to provide the Service
    3. Please refer to our Refund Policy (www.register365.com/info/terms).

SCHEDULE J

Terms and conditions relating to our AppMaker Service ("the Service")

The Service is provided by a third party company, Refresh Mobile Ltd. and branded by us as AppMaker. The Terms and Conditions below relate to the sale and provision of the Service through us, in conjunction with these terms you also agree to Refresh Mobile's End User License Agreement, which can be found online at www.register365.com/info/terms/appmaker-eula

  1. Definitions

    In this schedule:

    1. "Brand Features" means all trade marks, service marks, logos and other distinctive brand features.
    2. "Links" means button pointer graphic text (including our Brand Features) incorporated within your Site, which permit users to navigate directly to our Site.
    3. "Product" means any item offered for sale through our Site.
    4. "Site" means either your World Wide Web site or one belonging to us.
    5. "Sub-domain Name" means a name selected to be part of your free 14 day trial.
    6. "The trial", "free trial", "14 Day FREE Trial" means the free 14 day trial of the Service.
    7. "User" means a visitor referred to our Site through the Links on your Site.
  2. Orders
    1. Your order must be submitted to us using either the on-line order form or through one of our representatives.
  3. Services
    1. A description of the packages and services we offer can be found on our web site www.register365.com/appmaker
    2. First Line Technical Support for the Service is provided by Namesco Ireland.
    3. The Service is not available to customers with a shared hosting package on their domain.
  4. Activation of Service
    1. In order to activate the Service you need to login to your account with us and follow the instructions supplied under AppMaker.
    2. In order to activate "14 Day FREE Trial" you need to ensure you have provided us with username, password, valid email address and any other details required at point of sign up.
  5. Duration
    1. The contract for the provision of the free trial is for 14 days from date of signup and/or order. At end of your free trial, your AppMaker account and its content will be frozen and/or deleted, unless associated with a paid for AppMaker product through us.
    2. If you transfer the Service to an associated AppMaker product through us following expiry of the free trial, the Service will continue on an ongoing basis, unless terminated in accordance with clause 8 below.
  6. Charges
    1. We require payment in advance for the purchase and renewal of the Service.
  7. Termination
    1. Subject to Customers on Monthly price plans who are contracted for a minimum contractual term of 6 months, Customers may terminate their contract at any time. The product will remain live until the end of the relevant billing cycle. Neither us nor Refresh Mobile can take any responsibility for additional funds charged to you unless you explicitly terminate your subscription and receive confirmation that this has taken place.
    2. Neither us nor Refresh Mobile can take any responsibility for additional funds charged to you unless you explicitly terminate your subscription and receive confirmation that this has taken place.
    3. We shall be entitled to terminate the Service immediately on serving written notice if:
      1. Our third party provider is unable to provide the Service or becomes bankrupt or has a receiver or administrator appointed over all or any part of their assets
      2. It becomes unlawful for us to provide the Service
    4. Please refer to our Refund Policy (www.register365.com/info/terms).

SCHEDULE K

Terms and Conditions relating to our Build me a Website Service ("the Service")

The following Terms govern our Agreement to provide the Service to You along with our General Terms and Conditions and Acceptable Use Policy relate to the sale and provision of the Service through Us. By choosing this Service You agree to be bound by these Terms and conditions along with the CloudSite or CloudShop Service terms and conditions referenced in Schedule O and located at www.register365.com/info/terms/business-terms#16 or by Website Builder terms and conditions referenced in Schedule W at www.register365.com/info/terms/business-terms#24

The Service is sold by Namesco Ireland Limited and supplied by Namesco under the "Build me a Website" product.

  1. Definitions

    In this schedule:

    1. "Brief" means a brief from You to Us communication your Web Page requirements including but not limited to Your Content direction for copywriters and designers to create the Website.
    2. "Us, We, Our" means Namesco Ireland Limited.
    3. "You, Your" means the Customer.
    4. "Website" means the Website we will create using CloudSite or CloudShop or Website Builder and will provide to you as part of the Service as outlined at www.register365.com/create-a-website/cloudsite/build-me-a-website.
    5. "Your Content" relates to the website content provided by You by submitting Your Brief.
    6. "Amendments" means a request for small changes to your Service web page, which may include but are not limited to content changes (i.e. logo used, spelling mistakes, changing contact details, form submission location and social link addresses)
    7. "Product" means any item offered for sale through Your Website.
    8. "Site" means either your World Wide Web Site or one belonging to us.
    9. "Service" means the Build me a Website service.
  2. Orders
    1. Your order must be submitted to Us using either the on-line order form or through one of our representatives.
  3. The Service
    1. A description of the packages and services we offer to create your Website can be found on our website www.register365.com/create-a-website/cloudsite/build-me-a-website.
    2. First Line technical support for the Service is provided by Us for the duration of the website build. Once your website has been set as live in line with section 6.d of these terms, no further content amends will be made and You will be responsible for managing and maintaining Your Website by accessing it through Your online control panel. Once Your Website is live, first line technical support will be provided by Us and You should contact Us using the support enquiry link in Your online control panel and or on the telephone numbers provided on our website. First line technical Support from Namesco is provided at the same level of service offered for CloudSite, CloudShop and Website Builder customers, which does not include website build support.
    3. If You wish to make substantial amends (in addition to those defined) to the content of Your Website, You must purchase an additional Build me a Website Service.
  4. Requirements for Service
    1. The Services must be used in respect of the original domain name the Service was assigned to by You.
  5. Activation of Service
    1. In order to activate the Service You will need to provide a suitable Brief for Us to start the website build by either completing an information questionnaire and or completing an information gathering telephone interview.
    2. If you do not respond back to the initial Brief We will send a reminder email to You one week after the Brief has been sent. We will then send You a temporary suspension email two weeks after the reminder email has been sent. This email states that your Website build is on hold until we receive a formative response from You.
    3. Failure to provide a Brief and enough information to start Your Site within 60 days of the date of purchasing the product will result in the Service being terminated without a refund.
  6. Web Page Creation
    1. We agree to build a Website selected from a template recommended by Us in consultation with You and thereafter provide the website for Your approval (features of the Website are limited to the options available in the Service package), within an estimated eight weeks upon processing of the Product. Any dates quoted for delivery are approximate only, and the time for delivery is not of the essence. Please note We will only start building your Website once You have provided Us with Your Brief, and any other materials and information that we request from You in order for Us to provide the Services.
    2. Once Your Website is complete You will be notified by email and asked to approve the Website in a sign off email.
    3. We may not be able to fulfil the Services if We become aware or suspect that Your Content constitutes illegal (including defamatory) material, infringes the intellectual property, or other rights, of any third party, or is in breach of our Acceptable Usage Policy and again in these circumstances no refund will be provided by Us.
    4. If You are unhappy with Your Website build or wish for amendments to be made, we will consider Your request for amendments and if we in Our absolute discretion consider that the amendments requested are reasonable, We will undertake one round of amendments (to Your Webpage within two weeks from the day of Our email notifying You of completion of Your Website. If You fail to request amendments within the two-week period from the day of the email notifying You of completion, no further amendments will be undertaken and no refunds will be given.
    5. We will notify You when Your Website is ready to be published and You will be directed to the publish link located in your Our online control panel. You are entirely responsible for publishing Your Website and we are not obliged to implement further amendments once the site has been published. Once You have published Your website, You will not be entitled to a refund under any circumstances.
    6. Email configuration is not included in the Service across any or multiple devices.
  7. Charges
    1. We require payment in advance for the Service or any renewal of the Service.
    2. If You require additional Website features or Products not included in the Build me a Website package as defined, You may be able to purchase additional services from a representative for an additional agreed fee above the original cost of the Service. This will be added to Your order. These may include but will not be limited to, additional copywriting facilities, additional page design, inclusion of photography packages and inclusion of a more than 20 Products.
  8. Duration
    1. Build me a Website is a one off package.
  9. Termination
    1. We shall be entitled to terminate the Service immediately on serving written notice if:
      1. Our third party provider is unable or unwilling to provide the Service or becomes bankrupt or has a receiver or administrator appointed over all or any part of their assets; or
      2. It becomes unlawful for Us to provide the Service.

SCHEDULE L

Terms and conditions relating to cPanel Backups

  1. Definitions

    In this schedule:

    1. "Us, We, Our" means Namesco Ireland Limited.
    2. "You, Your" means the Customer.
    3. "Your Content" relates to the website content provided by You by submitting Your Form.
    4. "Product" means any item offered for sale through our Site.
    5. "Site" means either your World Wide Web Site or one belonging to us.
    6. "Snapshots" means the copy of Your Content stored at specific point in time
    7. “Databases” means SQL databases associated to domains hosting on your cPanel package
  2. Orders
    1. Your order must be submitted to us using either the online order form or through one of our representatives.
  3. The Service
    1. The product works in conjunction with cPanel hosting and once purchased will allow You to have access to Your backups of both Databases and Your Content hosted on your website.
    2. The stored backups of both Your Content and Databases will be held for a maximum period of 3 weeks depending on the day of the week the backups were taken.
    3. The Retention of the backups are below:
    4. Three weekly Snapshots taken every Monday
    5. Seven daily Snapshots for the last seven days
    6. Multiple Snapshots on the current day
    7. Databases will be generated as an SQL dump file, created at the same time as the website content is backed up.
    8. The Backups are solely for website content and databases using cPanel and do not include email content.
    9. The Backups run in conjunction with cPanel hosting. If cPanel hosting is deleted the backups will not be retained and cannot be recovered
    10. There will be no retention of older content after the 3 week time scale.
    11. You will be subject to a maximum disk space and bandwidth usage according to the plan you have purchased.
    12. We shall use reasonable commercial efforts to provide cPanel backups services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Agreement.
    13. You acknowledge and agree that from time to time the cPanel backup services maybe inaccessible or inoperable for any reason, including without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs that we may undertake from time to time; or (3) causes beyond our control or that are not reasonable foreseeable including, but not limited to, interruption or failure of telecommunication or digital links, hostile network attacks, network congestion or other failures. The Backups run in conjunction with cPanel hosting. If cPanel hosting is deleted the backups will not be retained and cannot be recovered. Where a problem does arise with the Service, it is your responsibility to inform us of this and we will use all reasonable efforts to resolve the problem. However, we do not guarantee that we can restore any lost or corrupted data and we will have no liability for the loss or corruption of any data. It is also your responsibility to ensure that you back up your data as necessary for you.
  4. Requirements for Service
    1. The Services will only run in conjunction with cPanel hosting
  5. Activation of Service
    1. Once payment is made for the service the backups will become available through the cPanel hosting area.

SCHEDULE M

Terms and conditions relating to Apache Backups

  1. Definitions

    In this schedule:

    1. "Us, We, Our" means Namesco Ireland Limited.
    2. "You, Your" means the Customer.
    3. "Your Content" relates to the website content provided by You by submitting Your Form.
    4. "Product" means any item offered for sale through our Site.
    5. "Site" means either your World Wide Web Site or one belonging to us.
    6. "Snapshots" means the copy of Your Content stored at specific point in time
    7. “Databases” means SQL databases associated to domains hosted on your Apache package
  2. Orders
    1. Your order must be submitted to us using either the online order form or through one of our representatives.
  3. The Service
    1. The product works in conjunction with Apache hosting and once purchased will allow You to have access to Your backups of both Databases and Your Content hosted on your website.
    2. The stored backups of Your Content will be held for a maximum period of 7 weeks depending on the day of the week the backups were taken.
    3. The Retention Policy of Content backups is as follows:
    4. Seven weekly Snapshots taken every Sunday
    5. Ten daily Snapshots for the last ten days
    6. Up to three Snapshots on the current day
    7. The stored backups of Your Databases will be held for a maximum period of thirty days depending on the time of day the backups were taken.
    8. The Retention Policy for Databases is as follows:
    9. Up to thirty daily Backups for the last thirty days.
    10. Databases will be generated as an SQL dump file.
    11. The Backups are solely for website content and databases using Apache and do not include email content.
    12. The Backups run in conjunction with Apache hosting. If Apache hosting is deleted or suspended the backups will not be retained and cannot be recovered
    13. There will be no retention of older content after the 7 week time scale.
    14. You will be subject to a maximum disk space and bandwidth usage according to the plan you have purchased.
    15. We shall use reasonable commercial efforts to provide Apache backups services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Agreement.
    16. You acknowledge and agree that from time to time the Apache backup services may be inaccessible or inoperable for any reason, including without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs that we may undertake from time to time; or (3) causes beyond our control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital links, hostile network attacks, network congestion or other failures. The Backups run in conjunction with Apache hosting. If Apache hosting is deleted or suspended the backups will not be retained and cannot be recovered. Where a problem does arise with the Service, it is your responsibility to inform us of this and we will use all reasonable efforts to resolve the problem. However, we do not guarantee that we can restore any lost or corrupted data and we will have no liability for the loss or corruption of any data. It is also your responsibility to ensure that you back up your data as necessary for you.
  4. Requirements for Service
    1. The Services will only run in conjunction with Apache hosting
  5. Activation of Service
    1. Once payment is made for the service the backups will become available through the Apache hosting area.

SCHEDULE N

Terms and Conditions relating to our Website Builder service ("the Service")

The Service is provided by a third party company, the "Website Builder Platform Provider", and branded by Us (“Namesco Ireland Limited”) as "Website Builder". The Terms and Conditions along with our General terms and conditions and acceptable use policy relate to the sale and provision of the Service through Us.

  1. Definitions

    In this schedule:

    1. "Brand Features means all trademarks, service marks, logos and other distinctive brand features.
    2. "Links means button pointer graphic text (including our Brand Features) incorporated within your Site, which permit users to navigate directly to our Site.
    3. "Product means any item offered for sale through our Site.
    4. "Site means either your World Wide Web Site or one belonging to Us.
    5. "User means a visitor referred to our Site through the Links on your Site.
    6. "Website Builder Free means a free on page version of our Website Builder Service offered for one year and offered in conjunction with a first time registration of a domain name.
    7. "Website Builder Lite means a one page version of our Website Builder Service offered in conjunction with a domain name and charged as per the prices outlined in our price list at www.register365.com/info/company/price-list
    8. "Website Builder Platform Provider means the third party agent responsible for delivering the website builder, editor and hosting services.
  2. Orders
    1. Your order must be submitted to Us using either the online order form or through one of our representatives.
  3. Service
    1. A description of the Website Builder packages and services we offer can be found on our website www.register365.com/website-builder and www.register365.com/website-builder/ecommerce-website
    2. Website Builder Free is offered as a free one-page version of our Website Builder Service for the initial term of one year from the point when new domain names are registered. After the initial one year term, Website Builder Free will automatically upgrade to Website Builder Lite ,which will then become chargeable as per the prices outlined in our price list at www.register365.com/info/company/price-list. If Website Builder Free is not upgraded to a paid for Website Builder product after the initial term the service will be terminated.
    3. First Line Technical Support for the Service is provided by Namesco Ireland Limited.
    4. The Service is not available to customers with a shared hosting package on their domain.
  4. Requirements for Service
    1. The Services must be used in respect of a registered domain name.
  5. Activation of Service
    1. In order to activate the Service, you need to log in to your account with Us and follow the instructions supplied.
  6. Websites created and content submitted
    1. By submitting content to the Service for the creation of a website, you grant Us and the Website Builder Platform Provider a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content.
    2. You acknowledge that Namesco Ireland Limited and the Website Builder Platform Provider are acting only as a passive conduit for the publishing and/or distribution of such content. Namesco Ireland Limited and the Website Builder Platform Provider undertakes no responsibility to review a Site, the products or services listed therein or any other content or customer data, including, but not limited to, user-generated content published and/or distributed on the Site to determine whether any such product, service, company content, or customer data may incur liability to third parties.
    3. Namesco Ireland Limited makes no representations or warranties about any third-party images and or software offered in connection with the Website Builder Service and expressly disclaims any liability or responsibility regarding the same. You acknowledge and agree that you will protect, defend, indemnify and hold harmless Namesco Ireland Limited from and against any and all claims imposed upon or incurred by Us directly or indirectly arising from your use or misuse of third-party images and or software.
    4. Violation of our Acceptable Use Policy which can be found at www.register365.com/info/terms/acceptable-use-policy, may result in temporary suspension or permanent termination of one or more service at our sole discretion. We do not issue service credits for any outages incurred though service disablement resulting from policy violations.
  7. Charges
    1. We require payment in advance for the purchase and renewal of the Service.
  8. Termination
    1. The Service may be terminated by you at any time on giving 30 days’ written notice to Us, or will be deemed to have been terminated by you through non-payment of the renewal due on the expiry date of the Service. Please note that should you terminate the Service your site(s) and all its contents will be deleted. Please note that deleting your site(s) does not terminate your contract, you need to explicitly cancel the subscription in writing.
    2. Neither Us nor the Website Builder Platform Provider can take any responsibility for additional funds charged to you unless you explicitly terminate your subscription and receive confirmation that this has taken place.
    3. We shall be entitled to terminate the Service immediately on serving written notice if:
      1. The Website Builder Platform Provider is unable or unwilling to provide the Service or becomes bankrupt or has a receiver or administrator appointed over all or any part of their assets
      2. It becomes unlawful for Us to provide the Service
    4. Please refer to our Refund Policy (www.register365.com/info/terms) for further information.

Last Revised Date: 30th January 2018