General terms and conditions

PAYMENT OPTIONS

Cheap and Simple Websites accepts MasterCard, Visa, Visa electron, Switch/Maestro and Solo.

CONTRACT TERMS

All hosting and email accounts are subject to a 12 month minimum contract term.

CANCELLATIONS

After the minimum contract period, customers may cancel any package by contacting the customer care team on info@cheapandsimplewebsites.co.uk. Customers must provide details of the account/package to close. Cheap and Simple Websites will not, under any circumstances, close an account without first receiving confirmation from the owner. Cheap and Simple Websites reserves the right to cancel the service at any time.

REFUNDS

Fees charged on a pre-pay basis are non-refundable.

Customers will only be entitled to a refund where the service is cancelled by Cheap and Simple Websites.

In the event that Cheap and Simple Websites cancels the customer's service, the customer will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Cheap and Simple Websites' Terms of Service a refund may not be issued in the event of a cancellation.

Domain credits are non-refundable as they enable the purchase of domain names at discounted prices, based on an up-front commitment.

SERVER USE

Cheap and Simple Websites reserves the right to refuse service and/or access to its servers and/or services to anyone.

Cheap and Simple Websites does not allow any of the following content to be stored on its servers:

Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.

Excessive download content or non-linked content.

Refusal of service based on content matching either of these two criteria is entirely at the discretion of Cheap and Simple Websites.

Cheap and Simple Websites reserves the right to move your data to a different server with no previous notice.

SUPPORT

If you experience problems with your service, you should contact us via our website.

HIGH RESOURCE USER POLICY

Resources are defined as bandwidth, processor utilization or disk space.

Cheap and Simple Websites may implement the following policy to its sole discretion:

When the resources utilised by a customer in using a service are abnormally high, Cheap and Simple Websites reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Customers may be offered an option whereby Cheap and Simple Websites continues supplying the service under a reduced usage criteria specified by Cheap and Simple Websites. Failure to comply with such measures may result in your service being terminated.

PAYMENT POLICIES

All accounts are set up on a prepay basis. Although Cheap and Simple Websites reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Any changes to prices will be clearly communicated to customers prior to their application, with customers being given one month's notice of any changes. Notice will be served via email, to the email address held on the Cheap and Simple Websites account. Payment is due every 365 days, from the date the account was established. Customers will automatically be charged again at the end of their prepay period unless confirmation of the wish to close has already been received.

In situations where the card number on file is declined Cheap and Simple Websites will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Cheap and Simple Websites reserves the right to suspend other services until the outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

You are required to have a valid credit/debit card and email address registered on your account at all times, failure to do so may result in suspension of your account.

No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically. All payment is in UK sterling. All prices displayed are shown excluding UK VAT.

YOUR PERSONAL DETAILS

Please note that whilst your email is primarily used for billing purposes, Cheap and Simple Websites reserves the right to email you information about enhancements to our systems and product offerings. You can unsubscribe from marketing communications by clicking the ‘unsubscribe’ link in the emails.

We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that Cheap and Simple Websites may use for the purposes of delivering specific services to you (e.g. customer support).

DISCLAIMERS AND WARRANTIES

Cheap and Simple Websites does not back up Your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Cheap and Simple Websites cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Cheap and Simple Websites and its employees.

Cheap and Simple Websites makes no warranties or representations that any service will be uninterrupted or error-free. You accept all services provided hereunder "as is" without warranty of any kind.

All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the services to be provided hereunder to the fullest extent permitted by law.

Cheap and Simple Websites shall not be liable for any services or products to be supplied by any third party.

Cheap and Simple Websites shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.

Cheap and Simple Websites will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

No matter how many claims are made and whatever the basis of such claims, Cheap and Simple Websites' maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the fees paid by You for the services in relation to which Your claim arises during the 12 month period prior to such claim.

None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Cheap and Simple Websites, its employees or its sub-contractors.

Cheap and Simple Websites shall not be liable for any interruptions to the services or outages arising directly or indirectly from:-

- Interruptions to the flow of data to or from the internet;

- Changes, updates or repairs to the network or software which it uses as a platform to provide the services;

- The effects of the failure or interruption of services provided by third parties;

- Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;

- Problems with Your equipment and/or third party equipment;

- Interruptions to the services requested by You.

EMAIL

PASSWORDS

Cheap and Simple Websites is not responsible for any data losses or security issues due to stolen passwords. Cheap and Simple Websites recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices. It is the mailbox owner's responsibility to keep his/her password confidential, and to change the password on a regular basis.

SECURITY

Cheap and Simple Websites makes every reasonable effort to ensure mailbox security at all times. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner's responsibility notify to us. We cannot guarantee to restore data and we accept no liability for the loss of any such data.

SIZE OF MAILBOX

Each mailbox has a storage quota. It is the mailbox owner's responsibility to ensure that his/her mailbox does not reach its allocated level. Cheap and Simple Websites cannot be responsible for email lost due to full mailboxes.

MAILBOX AND PUBLIC FOLDER STORAGE CAPACITY

Each mailbox and public folder has its own storage limit. When the storage capacity is reached on an individual mailbox or folder, the Exchange servers shall stop sending or receiving messages. Cheap and Simple Websites is not responsible for service unavailability or data loss caused by any mailbox or folder exceeding its storage capacity. To prevent such occurrences, you can manage mailbox and public folder storage limits at any time from within the control panel.

OWNERSHIP OF DATA

All data created or stored by you within Cheap and Simple Websites' applications and servers are your property. Cheap and Simple Websites shall allow access to such data by only authorized Cheap and Simple Websites personnel. Cheap and Simple Websites makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder's server space or within applications on Cheap and Simple Websites' servers.

Customers are responsible for backing up their email before upgrading or removing mailboxes.

USE OF EMAIL ACCOUNT

If Cheap and Simple Websites identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.

ACCEPTABLE USE POLICY

1) Web hosting

1.1) Cheap and Simple Websites reserves the right to suspend or cancel a customer's access to any or all services provided by Cheap and Simple Websites, where Cheap and Simple Websites decides that the account has been inappropriately used. Cheap and Simple Websites reserves the right to refuse service and/or access to its servers to anyone.

1.2) Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy services, anonymous or otherwise, are not allowed.

1.3) Cheap and Simple Websites will disable any domain that fails to adhere to the following criteria as soon as we are made aware, in line with current working practices:

1.3.1) The primary purpose of any site must be to provide web-based content to viewers. Files on the site must be linked to the web site.

1.3.2) The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed. All outgoing mail is monitored and filtered and must be sent to or from a Cheap and Simple Websites-hosted domain.

1.3.3) Sites must not contain Warez, copyright or other illegal material. The onus is on you the customer to prove that you own the rights to publish material, not for Cheap and Simple Websites to prove that you do not.

1.3.4) Sites must not contain pornographic or other lewd material. Adult Material includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Cheap and Simple Websites.

1.3.5) Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server.

2) Email

2.1) If Cheap and Simple Websites identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.

2.2) Common issues that cause problems are:

2.2.1) Where a mailbox receives large volumes of undeliverable email.

2.2.2) Where mailboxes have forwarders set to other mailboxes where mail cannot be delivered.

2.2.3) Where mailboxes have forwarders and/or auto-responders that generate circular mail loops.

2.3) You may not use Cheap and Simple Websites email services for any of the following:

2.3.4) To send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene.

2.3.5) To send messages causing annoyance, inconvenience or anxiety to another user of the Internet.

2.3.6) To send messages for the purpose of Fraud and /or with the intention of committing a criminal offence.

2.4) To prevent the sending of bulk unsolicited mail, SMTP traffic to and from a server will be blocked in the following scenarios:

2.4.1) Where we identify a server that has an open mail relay.

2.4.2) Where a significant volume of mail is sent from a domain in a defined timescale.

2.4.3) Where we have received significant volumes of complaints concerning unsolicited mail originating from a Cheap and Simple Websites hosted domain.

2.5) To prevent Cheap and Simple Websites' IP Addresses being blocked by IP Address blocking, a domain held on Cheap and Simple Websites servers may be disabled:

2.5.1) Where we have received significant volumes of complaints concerning unsolicited mail originating from or unsolicited email being sent to promote sites being hosted on a Cheap and Simple Websites server.

5) General

5.1) Cheap and Simple Websites will suspend access to an account which:

5.1.1) Contains invalid or fraudulent details.

5.1.2) Initiates a payment card chargeback.

5.2) If Cheap and Simple Websites disable a site or server, we will:

5.2.1) Send an email to the account administrator, informing them of the suspension - please ensure you use an email address that will be unaffected by any suspensions, to ensure that you are immediately made aware of any changes in your account status.

5.2.2) Work with you to suggest a resolution to the issue at hand and arrange for the restoration of services in the shortest timescale possible once an agreement has been reached.

5.2.3) Not re-enable any domain or server that has a history of similar misuse.

5.2.4) Pass the account to the appropriate department to resolve any outstanding issues such as account balance or closure.

5.2.5) For less serious cases, such as email problems, the company will contact you to inform you of any changes made to your account and the reasons for those changes.

5.5) Restoration of any and all services suspended during an investigation will be considered on a case-by-case basis.

CONTACT INFORMATION

We are happy to answer any questions you may have regarding your Cheap and Simple Websites services. Please note that any discussions with Cheap and Simple Websites are treated in strictest confidence, so we may need to ask you security questions to confirm that we are speaking to the right person.

PRIVACY POLICY

Your right to privacy is very important. Cheap and Simple Websites recognise that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. We believe this information should only be used to help us provide you with a better service. That's why we have put a policy in place to protect your personal information. Below is a summary of our policy.

By submitting personal data manually or in electronic form to this web site, or by using this site, you give your consent that all personal data you submit may be processed in the manner and for the purposes described below.

What personal information do we collect?

When making a purchase with Cheap and Simple Websites, we will collect your contact information, which includes name, address, email address and phone number, as well as payment information. When you become a Cheap and Simple Websites customer you automatically subscribe to electronic newsletter and special offer promotions.

PROTECTING YOUR PRIVACY

We will take appropriate steps to protect your privacy. Whenever you provide sensitive information (for example, a credit card number to make a purchase), we will take all reasonable steps to protect it, such as encrypting your card number. We will also take reasonable security measures to protect your personal information in storage. Credit card numbers are used only for payment processing and are not retained for marketing purposes.

On occasion, we may need to provide your name and delivery address to third parties that Cheap and Simple Websites may use for the purposes of delivering specific services to you (e.g., customer support.). We will not provide any of your personal information to other companies or individuals for marketing purposes without your permission.

Cheap and Simple Websites may provide links to third party sites. Since we do not control those websites, we encourage you to review the privacy policies of these third party sites.

DATA STORED IN THE U.K.

Any information that Cheap and Simple Websites needs to store and process will be carried out on databases located in the UK, and in full compliance of the Data Protection Act.

How can you update the personal information you have provided to us?

You can help Cheap and Simple Websites maintain the accuracy of your information by notifying Cheap and Simple Websites of any changes to your address, title, phone number or e-mail address.

The personal information we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of collection. We reserve the right to change the Privacy Policy from time to time and will provide notice of these changes on the Privacy Policy pages of our web site. You should make sure you periodically review the Privacy Policy to make sure it meets your needs.

INFORMATION DISCLOSURE POLICY

PERSONAL ACCOUNT INFORMATION

Cheap and Simple Websites will not otherwise disclose its customers' personal and account information unless Cheap and Simple Websites has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Cheap and Simple Websites, Cheap and Simple Websites' customers, or others, or where Cheap and Simple Websites has a good faith belief that the law requires such disclosure.

ELECTRONIC COMUNNICATIONS

Cheap and Simple Websites also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that Cheap and Simple Websites stores or transmits for its customers. The circumstances under which Cheap and Simple Websites will disclose such electronic customer communications are when:

• it is necessary in order to provide service to the customer;

• it is necessary to protect the legitimate interests of Cheap and Simple Websites and its customers;

• it is required to cooperate with dispute policies, court orders, warrants, or other legal processes that Cheap and Simple Websites determines in its sole discretion to be valid and enforceable

• it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by Cheap and Simple Websites and appear to pertain to the commission of a crime.

Cheap and Simple Websites disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. Cheap and Simple Websites will, however, review, delete or block access to communications that may harm Cheap and Simple Websites, its customers or third parties or otherwise infringe the rights of third parties. The grounds on which Cheap and Simple Websites may take such action include, but are not limited to, actual or potential violations of Cheap and Simple Websites' Acceptable Use Policy

DOMAIN NAMES

The following terms and conditions apply to the domain registration service:

GOVERNING BODIES

Upon Cheap and Simple Websites' receipt of domain name registration information from you, Cheap and Simple Websites shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration. Network Solutions, Inc. currently acts as the registry administrator for the .com top-level domains. Nominet UK acts as the registry administrator for the .co.uk top-level domains.

SELECTION OF A DOMAIN NAME.

You represent that, to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.

If you are registering your name during the finite period of time when owners of trademarks and service marks issued prior to October 2, 2000 and having national effect will have the exclusive opportunity to register identical domain names ("Sunrise Period"). You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted for a minimum registration term of five (5) years.

By registering or renewing a .uk top-level domain and agreeing to these terms & conditions, you agree that you have read and agree to the terms & conditions of Nominet, If you are registering the domain for a third party, you agree that they have read and agree to the Nominet T&Cs as well.

FEES

Your application will not be registered until Cheap and Simple Websites receives actual payment of the registration fee. If Cheap and Simple Websites does register a domain name prior to payment of the registration fee, Cheap and Simple Websites reserves the right to cancel that registration or restrict use of the domain name until payment has been received.

All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.

Payment must be made by credit card or other methods we indicate in registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge accordingly.

We reserve the right to make an administration charge of £10 per domain where customers have attempted to register a domain name with multiple registrars.

TERM

This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.

To ensure your domains are not lost we operate a positive renewal system on all our domains - your domain will automatically renew for the term it was registered for unless you opt-out of this service via email. This is not refundable and it is your responsibility to ensure valid contact and payment details are on your account at all times - failure can lead to suspension.

Cheap and Simple Websites' domain renewal process is automated, however, it is your responsibility to check that your renewal has been successful within one month of the renewal date. For .uk domains you can do this using Nominet's WhoIs search, and for all other domains we recommend using the http://www.whois.org/ website domain lookup facility.

DOMAIN NAME REGISTRATION INFORMATION AND ITS USE

Information you are required to Submit

As part of the registration process, you are required to submit to Cheap and Simple Websites and keep updated the following information in connection with your application for domain name registration:

(a) the domain name to be registered;

(b) the domain name holder's name and mailing address;

(c) the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name; and

(d) the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.

You shall provide and maintain updated information at all times with Cheap and Simple Websites. Cheap and Simple Websites at its discretion may refuse to renew any registrations unless you maintain current and updated information at all times.

ADDITIONAL INFORMATION MAINTAINED ABOUT YOUR REGISTRATION

In Addition to the information you provide, we maintain additional information relating to your domain name registration, including:

(a) the original creation date of the registration;

(b) the date and time the registration application was submitted to us and the appropriate registry;

(c) communications constituting registration orders, modifications, or terminations and related correspondence;

(d) records of account for your domain name registration, including dates and amounts of all payments and refunds;

(e) the IP names and address of the primary name servers and any secondary name servers;

(f) the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;

(g) the name, mailing address, email address, telephone number, and fax number of the domain registrant for the domain name;

(h) the expiration date of the registration; and (i) other information regarding all other activity regarding your domain name registration and related services.

DISCLOSURE AND USE OF REGISTRATION INFORMATION

You agree to authorize Cheap and Simple Websites to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree Cheap and Simple Websites may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through Cheap and Simple Websites's WHOIS service or for any purpose as required or permitted by ICANN and applicable laws.

In addition, you acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that Cheap and Simple Websites may or must make available to the public or to private entities, and the manner in which such information is made available.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action you may have arising from such disclosure or use of the domain name registration information.

We will not process any data about any identification natural person that we obtain from you in a way incompatible with the purpose and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

OWNERSHIP OF DATA

You agree and acknowledge that Cheap and Simple Websites owns the following:

(a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database;

(b) all information and derivative works generated from the domain name database; and

(c) information for the registrations for which Cheap and Simple Websites acts as the registrar including:

(i) the original creation date of the registration;

(ii) the expiration date of the registration;

(iii) the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;

(iv) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and

(v) other information generated or obtained in connection with the provision of domain name registration and management services, other than the domain name being registered, and the IP names and addresses of the primary nameservers and any secondary nameservers.

Cheap and Simple Websites does not have any ownership interest in your specific personal registration information outside of your right in our domain name database.

TRANSFER OF OWNERSHIP

The person named as administrative contact at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

AGENTS AND LICENSES

You agree that in the event you register a domain name for another entity, you represent that you have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.

You acknowledge and agree that if you license the use of your registered domain name to a third party, you remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely Resolution of any problems that arise in connection with domain name and domain registration.

In any circumstance where you are registering a domain for a third party, you agree that you must (in advance):

• Make your customers aware of the charges associated with domain name registration, renewal and maintenance.

• Give details of the domain name related services you provide, which are relevant to this customer, information on how to invoke the service, any charges payable and how long you take to carry out the service.

• Make your customers aware of changes to your charges.

• Detail the method, availability and cost of customer service provided.

• Act quickly after getting a request from your registrant to take some action for them; and

• Update their details soon after you know that the current ones are out of date or wrong.

REGISTRANT DATA

• You must not knowingly provide poor quality Registrant data. If you find out that a Registrant has provided poor quality data you should attempt to correct the data.

• Consumers are currently allowed to opt-out of providing their postal address on the WHOIS. You should take reasonable steps to ensure the opt-out is used correctly and not set this field to default to opt-out unless you can show that all your Registrants are consumers.

• If you receive a request to register a domain name for a customer you must register the domain name in your customer’s name. You may only register the domain name in your or your organisation’s name with the explicit prior written consent of your customer.

• You agree that if you register a domain on behalf of a third party, Cheap and Simple Websites can pass on the contact details of that third party to the Registry Administrator if required to do so by the Registry.

LIMITATION OF LIABILITY

You agree that Cheap and Simple Websites shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if Cheap and Simple Websites has been advised of the possibility of such damages, and in particular Cheap and Simple Websites will not be liable for the following:

(a) suspension or loss of your domain registration;

(b) use of your domain name registration;

(c) interruption of your business;

(d) access delays or interruptions to any web sites accessed by your registered domain name;

(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;

(f) events beyond the reasonable control of Cheap and Simple Websites;

(g) processing of an application for domain name registration; or

Cheap and Simple Websites shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to your application, receipt of, or failure to receive a domain name registration.

Cheap and Simple Websites maximum aggregate liability shall not exceed the greater of:

(a) the total amount paid by you for registration of the domain name; and

(b) £50.00 (UK Pounds).

INDEMNIFICATION OF Cheap and Simple Websites

You agree to defend, indemnify and hold harmless Cheap and Simple Websites and the registry administrator, including our and its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs (including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (a) all information provided in connection with your domain name registration is accurate; and

(b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.

You acknowledge and agree that all domain name registration services provided to you by Cheap and Simple Websites are provided on an "as is" basis. Cheap and Simple Websites makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose. Cheap and Simple Websites makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.

BREACH AND REVOCATION

Cheap and Simple Websites reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that:

(a) you materially breach this Agreement;

(b) you use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;

(c) you use your domain name in connection with unlawful activity;

(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement; or

(e) you use your domain name in connection with material that is slanderous to UKreg, Cheap and Simple Websites or other associated companies.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Cheap and Simple Websites) or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by Cheap and Simple Websites, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.

You also agree that Cheap and Simple Websites shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Cheap and Simple Websites receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

You acknowledge and agree that:

(a) providing inaccurate information;

(b) failing to update information promptly; or

(c) failing to respond to Cheap and Simple Websites' inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request;

shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

OTHER TERMS AND CONDITIONS

Force Majeure. Cheap and Simple Websites shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.

Non-Waiver. The failure of Cheap and Simple Websites to require your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Cheap and Simple Websites of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Survival. The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.

Notice. You agree that any notice or communications required or permitted to be delivered under this Agreement by Cheap and Simple Websites to you shall be deemed to have been given if delivered by e-mail, overnight mail or United States mail in accordance with the contact information you have provided.

Legal Fees. If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

GENERAL

Entire Agreement. This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.

Amendment in Writing. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Cheap and Simple Websites

Further Assurances. The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.

Relationship of the Parties. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

Joint and Several Obligations. If any party consists of more than one entity, their obligations here under are joint and several.

No Third Party Beneficiaries. This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.

Severability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Cheap and Simple Websites will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Cheap and Simple Websites as reflected in the original provision.

No Guarantee. You acknowledge that registration or reservation of your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name.

Please note: by signing up for any of our services you agree to be bound by all Cheap and Simple Websites terms and conditions.