Terms and conditions for domain namesFor all .uk
domain name registrations you are also entering into
an agreement with Nominet UK, who administer the
.uk namespace. Their terms and conditions can be
found at http://www.nominet.org.uk/nominet-terms.html.
For all global domains you are also entering into
an agreement with Bulk Register, a registrant accredited
by ICANN (Internet Cooperation for Assigned Names
and Numbers) for domains e.g. under the top level
domains “.com”, “.net”, “.info” and “.org”.
1 Subscriber agreement
1.1 IMPORTANT: YOU AS A CUSTOMER ARE RESPONSIBLE
TO MAKE SURE THAT YOUR DOMAIN NAME IS CORRECTLY
AND SUCCESSFULLY REGISTERED BY EXTERNALY VERIFING
THE REGISTATION. YOU ARE ALSO RESPONSIBLE FOR THE
RENEWAL OF YOUR DOMAIN NAME. GIACOM WORLD NETWORKS
LIMITED ACCEPTS NO RESPONSIBILITY FOR THE REGISTRATION
OF DOMAIN NAMES OR THE RENEWAL OF DOMAIN NAMES
AND SUBSEQUENT LOSS OF BUSINESS OR RELATED LIABILITY
RESULTING IN A DOMAIN NAME NOT BEING REGISTERED
OR RENEWED.
1.2 These Terms and Conditions constitute an agreement
between you and Giacom World Networks Limited for
use of the Domain name registration Service. For
clarification, the domain name registration at Giacom
is a service by Giacom World Networks Limited.
1.3 You should read these terms carefully. By completing
the registration request, you will be deemed to accept
these terms and conditions and will comply with all
related policies, including our data protection policy
and abuse policy. When we have processed your online
sign-up registration and received any Fees that are
due from you, we will then aim to provide you with
the relevant Service(s). The right to use the Service(s)
is personal to you and you must advise us if you
suspect that someone is using your account or has
knowledge about your personal details.
1.4 These Terms and Conditions apply to the use by
you of the Giacom World Networks Limited on-line
information, communication and other services provided
by Giacom World Networks Limited (the “Domain
Name registration”), the different payment
and connectivity options (the “Access Options”),
and access to information and services provided by
third parties (the “Third Party Service(s)”)
and the user of the software program(s) (the “Software”)
and any associated documentation which may be included
in the delivery that you, the end user, are now taking
into use.
2 Definition
2.1 In our terms and conditions we use words that
have specialised meanings. Below are some of the
most common of those words and their meanings.
We strongly suggest that you view these meanings
whilst reading through these terms and conditions.
2.1.1 ‘We’, ‘us’ or ‘Giacom’ refer
to Giacom World Networks Ltd. trading as Giacom.
Our address is PO Box 187, Kingston upon Hull, HU9
1XT. Our company registration number is 0381447
2.1.2 ‘Service(s)’ refers to the domain
name registration Service(s) that you have chosen
to select at the time of sign up online.
2.1.3 ‘Fees’ refers to those charges
we make for the Service(s). The Fees are determined
by the Service(s) that you have decided to purchase.
2.1.4 ‘Who-Is’ refers to the database
held by the domain registrar holding the definitive
domain registrant information. For instance, .uk
domains are held in the Nominet Who-Is database,
and global domains, such as .com or .net, are normally
held on the Bulk Register or InterNic database. It
is the customer’s responsibility, however,
to identify the corresponding Who-Is database for
their domain.
3 The service
3.1 Giacom will endeavour to register domain names
in the customer’s name or company name, as
described at on the Giacom website.
3.2 The duration of the contract with Giacom depends
on the length of the registration period, as witnessed
in the electronic registration procedure; it will
terminate automatically if you do not renew the domain
registration in the end of the paid period. The contract
can be can be terminated earlier by you or us in
accordance with paragraph 12 and 13.
3.3 It is the responsibility of the customer to renew
the domain name(s). Giacom World Networks Limited
accepts no responsibility for the renewal of the
domain name(s) and subsequent loss of business or
related liability resulting in a domain name not
being renewed.
3.4 PLEASE NOTE THAT YOU DO NOT HAVE A RIGHT TO CONACEL
THIS AGREEMENT UNDER THE CONSUMER PROTECTION (DISTANCE
SELLING) REGULATION 2000.
4 Registration
4.1 Domain names are registered for the period specified
at the time of registration, and are renewable
by you on or before the end of the initial paid-for
period, at the then current renewal rates, as published
in the domain Who-Is database.
4.2 We make no representation that the domain name
you wish to register is capable of being registered
by or for you or that it will be registered in your
name. You should therefore not assume registration
of you requested domain name(s) until you have checked
the domain has been registered with the correct start
and end dates in the appropriate Who-Is database.
Any action taken by you before such notification
is at your risk.
4.3 The registration and use of your domain name
is subject to the terms and conditions of use applied
by the relevant naming authority; you shall ensure
that you are aware of those terms and conditions,
and that you comply with them.
4.4 You shall have no right to bring any claim against
Giacom World Networks Ltd in respect of non-registration
of a domain name. Any administration charge paid
by you to us shall be returned should the domain
not be registered or renewed.
4.5 We shall not release any domain to another provider
unless full payment for that domain has been received
by us and written authorisation has been given by
you, please see paragraph 12.2.
5 Start of contract
5.1 This agreement will start when you submit your
registration form to us on-line, after renewal
by us, or after giving your details, for domain
name registration purpose, over the phone to one
of our staff.
6 Provision of the Service
6.1 Giacom World Networks Limited promise to provide
you with a standard you would expect from a competent
Domain name registrar.
6.2 We cannot guarantee that the Domain name registration
Service(s) will be performed entirely without fault
but we will endeavour to correct reported faults
as soon as it is reasonably possible. Therefore it
is important for you to make sure that your registration
gone through properly at the time of registration.
If a fault occurs you should report the fault to
the Technical Help Desk by telephone or email to
support@giacom.net
6.3 Giacom World Networks Limited may temporarily
suspend the whole or any part of the Domain name
registration Service(s) for any reason at its sole
discretion, such as repair, maintenance, improvement
or because of an emergency. We will restore the Service(s)
as soon as reasonably possible after any such temporary
suspension. We may vary the technical specification
of the Service(s) from time to time.
7 Usage Policy
7.1 The Services allow you to register one or more
domain names, to use actively or just leave passive.
7.2 We shall have no liability in respect of the
use by you of any domain name; any dispute between
you and any other person must be resolved between
the parties concerned in such dispute. If any such
dispute arises, we shall be entitled, at our discretion
and without giving any reason, to withhold, suspend
or cancel the domain name. We shall also be entitled
to make representations to the relevant naming authority
but will not be obliged to take part in any such
dispute.
You agree that the Service(s) will not be used in
any way to:
7.2.1 publish, post, distribute or disseminate defamatory,
infringing, obscene, indecent or other unlawful material
or information;
7.2.2 threaten, harass, stalk, abuse, disrupt or
otherwise violate the rights (including rights of
privacy and publicity) of others;
7.2.3 engage in illegal or unlawful activities through
the Service(s);
7.3 Giacom World Networks Limited reserves the right
in its sole discretion, but will not be obligated,
to remove any content from its system. Giacom World
Networks Limited will fully co-operate with all applicable
law enforcements authorities in investigating suspected
lawbreakers, and reserves the right to report to
such authorities any suspect activity of which we
become aware.
7.4 If we become aware that you are using the Service(s)
to perform any of the activities listed in paragraph
(7.2.1-7.2.3 above) we shall enforce the applicable
terms in its agreement with you and shall use all
best endeavours to stop you from doing so.
7.5 You should not seek to resell the Service(s)
to a third party or other customers of Giacom World
Networks Limited.
8 Password
8.1 We will provide you with a username and password.
These must be kept secret. You must contact us
immediately if you think that anyone else knows
it.
8.2 In the event of any suspected security breach,
we reserve the right to suspend or change your password.
If that happens, we will notify you of this as soon
as we reasonably can.
8.3 You must provide accurate information in your
online registration form and inform us immediately
if there are any changes to that information. Regarding
.uk domain names changes of personal details needs
to be sent to Nominet UK on a pre sent form.
9 Security
9.1 We will endeavour to ensure that any materials
which we supply to you will be free from viruses
and corrupt files but we cannot guarantee this.
If we discover any defect we will inform you as
soon as reasonably practicable.
10 Data protection policy
10.1 We take your privacy very seriously. We will
only use the information we have regarding you
in accordance with Data Protection legislation
and in accordance with consents you grant us from
time to time. You acknowledge that we may use your
information for statistical and internal marketing
purposes and in order that we can provide the service
to you.
10.2 We will comply with the Data Protection Act
1998 and any other applicable data protection legislation.
By registering for the Service you consent to our
using and/or disposing your personal information
for the following purposes:
10.2.1 Providing, or arranging for third parties
to provide, help desk facilities which may be available
to you which may involve disclosing your personal
information to third parties solely for those purposes;
10.2.2 Providing, or arranging for third parties
to provide, and additional services you request from
us;
10.2.3 As required or permitted by law from time
to time
10.3 Please note that we may record your telephone
calls to us and we will keep a record of your personal
data you have provided to us or which we have legitimately
obtained in registered your domain name.
11 Payment
11.1 You agree to pay the Fees for the domain name
registration you select and understand the importance
of these being paid on time. The minimum contract
is the minimum time of the domain name you have
chosen, e.g. the minimum for a .co.uk is 2 years
and a .com is one year.
11.2 You agree to pay any fees for any additional
services selected by you that may be levied for that
service.
11.3 Payment can be made by credit card or debit
card (Visa, MasterCard, Switch and Solo), we do not
accept Visa Electron. We also accept payment by cheque.
11.4 The registration fee is paid in advance, at
the same time you register or renew.
11.5 You understand and agree that if you fail to
renew your domain name registration in the end of
the period you will be liable for the loss of your
domain name. WE DO NOT AUTOMATICALLY RENEW A DOMAIN
NAME - IT IS YOUR RESPONSABILITY TO RENEW YOUR DOMAIN
NAME.
11.6 Giacom World Networks Limited reserves the right
to change the fees of the domain name registration
at any time.
11.7 All transactions are subject to UK VAT at the
rate of 17.5%
11.8 We will not be responsible for any costs you
incur as a result of your relationship with other
domain name registrars.
12 Cancellation
12.1 You may have the right to move away from Giacom
World Networks Limited:
12.1.1 You may move away from us during the registered
period by written confirmation by sending a company
headed fax or a company headed letter, signed by
account holder or authorised person.
12.1.2 To cancel a domain name during the registered
time period a written confirmation is needed by sending
in a company headed fax or a company headed letter,
signed by account holder or the authorised person.
12.1.3 Without prejudice to our right of termination
for any breach by you of these terms and conditions,
we may also suspend provision of the Service(s) if
you are or we reasonably believe that you may be
in breach of these conditions, until you cease to
be in breach, or pending investigation into any suspected
breach. If an investigation subsequently shows that
you are in breach of any applicable policies and/or
these terms and conditions, we reserve the right
to terminate our contract and recover from all your
costs that may have been incurred as a result of
the breach.
13 Suspension and Termination
13.1 Giacom World Networks Limited may, in addition
to any other remedies it may have, at its sole
discretion and without notice terminate or suspend
the domain name registration service.
13.2 We can terminate this Agreement upon immediate
notice at any time if you provide Giacom World Networks
Limited with false information or breach any of this
Agreement.
13.3 Without prejudice to our right of termination
for any breach by you of these terms and conditions,
we may also suspend provision of the Service(s) if
you are or we reasonably believe that you may be
in breach of these conditions, until you cease to
be in breach, or pending investigation into any suspected
breach. If an investigation subsequently shows that
you are in breach of any applicable policies and/or
these terms and conditions, we reserve the right
to deactivate your account, terminate our contract
and recover from you all costs that may have been
incurred as a result of the breach.
13.4 We may at our sole discretion immediately suspend
or terminate this Agreement or suspend the provision
of the Services in the event that:
13.4.1 We are directed by any competent authority
to cease the provision of the Services or any part
of it; or
13.4.2 You use the Services in breach of paragraph
7, 8, 14 or 16;
14 Copyright
14.1 The content on the Domain name registration
service is protected as a collective work under
applicable copyright law. The copying, redistribution,
or publication by you of any content is prohibited.
14.2 Except, as expressly provided by copyright law,
copying, redistribution, or publication must be with
the express permission of Giacom World Networks Limited
or the relevant copyright owner, if other than Giacom
World Networks Limited. Permission must be specified
on-line or obtained directly from us or the relevant
copyright owner, if other than Giacom World Networks
Limited. Unless otherwise provided, any authorised
copying, redistribution, or publication of copyrighted
material must be for your own private and personal
use and not for any commercial purposes and any changes
to or deletions of author attribution or copyright
notice is prohibited.
15 Liability
15.1 Except as expressly provided in these terms
and conditions and to the extent permitted by law
Giacom World Networks Limited excludes all liability
whether in contract, tort (including liability
for negligence) or otherwise for the accuracy,
suitability, quality or completeness of any on-line
content and the value and integrity of products
and third party service(s) offered by third parties.
You acknowledge that Giacom World Networks Limited
accepts no responsibility for the registration
of domain names or the renewal of domain names
and subsequent loss of business or related liability
resulting in a domain name not being renewed.
15.2 Giacom World Networks Limited shall not be liable
for any direct, indirect or consequential damages
whatsoever including, without limitation, damages
or losses relating to business profits, lost savings,
business interruption, or other pecuniary loss arising
out of the use of the Service, even if we or the
other party or person has been advised of the possibility
of such damages.
15.3 To the extent permitted by law, our liability
to you will not exceed £300
15.4 Each provision of this paragraph 15, excluding
or limiting liability operates separately. If any
part is held by a court to be unreasonable or inapplicable,
the other party will continue to apply.
16 Indemnity
16.1 You warrant that your use of the Service(s)
or other Third Party Service(s) may only be for
lawful purposes and within the scope of these Terms
and Conditions.
16.2 You warrant that your use of the Service(s)
will not violate any law, regulation or treaties
and that such use will not be in breach of the intellectual
property rights of any person.
16.3 You shall indemnify and hold harmless Giacom
World Networks Limited against all claims, liabilities,
losses, damages, costs and expenses incurred or suffered
by us (including, but not limited to claims in respect
of defamation, breach of copyright or other intellectual
property right infringement) by reason of a breach
by you of any of your obligations set out in these
Terms and Conditions.
17 Variation of terms and conditions
17.1 Giacom World Networks Limited may modify these
terms and conditions, and may discontinue or revise
any aspect of the Domain name registration service
at any time, such modifications becoming effective
immediately upon posting of notice on the Giacom
World Networks Limited website.
18 Law and Jurisdiction
18.1 These terms and conditions shall be governed
by and construed by the laws of the United Kingdom
and any disputes shall be exclusively resolved
within the jurisdiction of the courts of the United
Kingdom.
19 Force Majeure
19.1 Neither party will be liable to the other for
any failure to deliver the domain name registration
service(s) or for any breach by it of this Agreement,
where such failure or breach is due to a reason
outside the reasonable control of such party, including,
but not limited to, failure of a third party telecommunications
provider, lightning, exceptionally severe weather,
fire, explosion, war, riots, industrial disputes,
acts of terrorism, government action or regulation
or national or local emergency.
20 General Provisions
20.1 We may assign, sub-contract or otherwise deal
with our rights or obligations under this Agreement
without giving you notice beforehand. You may not
assign, sub-contract, sell or transfer your rights
or obligations under this Agreement. |