Website Hosting and Domain Registration Terms and Conditions
These General Terms & Conditions and the Service Specific Terms & Conditions, the Acceptable Use Policy and any information relating to the Service/Package purchased from AlFindlay.com forms the Agreement between Us. If any of these General Terms & Conditions are inconsistent with any terms set out in AlFindlay.com Service specific terms & conditions, the Service specific terms & conditions shall prevail.
You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy which can be viewed at http://www.AlFindlay.com/
1.1 "Agreement" means any agreement to which these terms & conditions are incorporated.
1.2 "AlFindlay.com" means AlFindlay.com with registered office at Unit 4, Lark Rise, Newton Poppleford, Sidmouth, Devon, EX10 0DH
1.3 "Package" means a collection of Services.
1.4 "Pay As You Go" means AlFindlay.com no minimum term commitment monthly payment option.
1.5 "Prices" means the Prices for the Services set out in order form or as otherwise notified to You.
1.6 "Services" means the Services to be provided by AlFindlay.com.
1.7 "You/Your" means the person or company who purchases Services from AlFindlay.com.
2. Duration and Automatic Renewal of Services
2.1 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all Services for which payment is required on a monthly basis are provided for a fixed annual (i.e. 12 month) term. The contract will automatically renew on its anniversary date and continue for successive further 12 month periods, unless terminated in accordance with these General Terms & Conditions or the Services or Package specific terms, if different to these General Terms & Conditions. In the event that You have an existing contract with Us commenced prior to 29 March 2010 ("existing contract") the term and termination provisions of that existing contract shall continue to apply.
2.2 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all Services for which payment is required annually in advance shall be provided for a fixed annual (i.e. 12 month) term. The contract will automatically renew on its anniversary date and continue for successive further 12 month periods, unless terminated in accordance with these General Terms & Conditions or the Services or Package specific terms, if different to these General Terms & Conditions.
2.3 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all Services for which payment is required biennially in advance shall be provided for a fixed biennial (i.e. 24 month) term. The contract will automatically renew on its anniversary date and continue for successive further 24 month periods, unless terminated in accordance with these General Terms & Conditions or the Services or Package specific terms, if different to these General Terms & Conditions.
2.4 Please be aware that unless You terminate the Services in accordance with clause 3 below or the Services or Package specific terms, the Services will automatically renew on the anniversary date of the contract for a successive contract term and You will be responsible for a further 12 or 24 months Prices whichever is applicable. If you choose to terminate the Services any time after the anniversary date of the contract You will still be required to pay the Prices for the remaining period of the then current term of the contract.
3.1 You are entitled to cancel the Services by submitting a cancellation request to our support team via the AlFindlay.com control panel no less than 7 days prior to the anniversary date of the contract term or the relevant service specific terms & conditions pertinent to the Services or Package you have purchased.
3.2 For details of cancellation process please click here
3.3 AlFindlay.com reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or Service Specific Terms & Conditions and/or our Acceptable Use Policy.
4.1 Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
4.2 In the event that AlFindlay.com cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term.
4.3 If You contravene Your Agreement with AlFindlay.com, a refund will not be issued in the event of a cancellation.
4.4 Domain credits are non-refundable as they enable the purchase of domain names at discounted Prices, based on an up-front commitment.
5.1 All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package.
5.2 Payment will be due on the basis of the Service and/or Package You have selected. If You have purchased "Pay as You go" Services or Packages then payment will be required monthly in advance. If You have purchased Services on an annual (12 month) or biennial (24 month) basis then You will be required to pay pursuant to the payment plan You selected, either paying annually or biennially in advance or by way of monthly instalments in advance throughout the year.
5.3 You will be automatically charged the Price again on the anniversary date of the contract term unless You have cancelled the Services in accordance with AlFindlay.com' cancellations procedure set out in clause 3 above. Payment of the Price will be taken via the payment method specified within the control panel
5.4 AlFindlay.com reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address held in Your AlFindlay.com Account. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.
5.5 All payments must be made in UK pounds sterling, inclusive of applicable taxes.
5.6 You warrant that You are lawfully authorised to make payment using the payment card or facility You disclose to AlFindlay.com. In the event that You are not the named card holder, You acknowledge that You and the party who is the named card holder both accept AlFindlay.com' Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card, the details of which You have provided. You will indemnify and hold AlFindlay.com harmless in the event that the cardholder or issuer declines any transaction for payments to AlFindlay.com, including all of AlFindlay.com costs in administering Your non-payment and obtaining payment of those Prices due.
5.7 Where You provide AlFindlay.com with information relating to a third party, including but not limited to the use of their payment details, either in accordance with clause 5.6 above or for any other purpose, You warrant that You have obtained express consent from the third party for AlFindlay.com to use their information and you consent that we may share your information, including but not limited to the Services You have purchased, to enable the third party to ascertain the terms of your Agreement with Us and why we are authorised to take payment from the third party's payment card or PayPal account, if necessary, to contact the third party for the purposes of this Agreement.
5.8 AlFindlay.com reserves the right to suspend Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. You are responsible for all money owed on the account from the time it was established until AlFindlay.com accepts Your cancellation request.
5.9 You are required to have a valid email address and credit/debit card and/or PayPal account registered to Your account at all times, failure to do so will result in automatic suspension of Your account. If You cancel Your credit/debit card and/or Paypal account for any reason You must immediately notify AlFindlay.com and provide details of a current valid payment card and/or PayPal Account
5.10 PayPal - Payments processed by PayPal are subject to PayPal's terms and conditions of Service, and AlFindlay.com makes no representations or warranties with respect to those Services.
5.11 No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase or automated renewal transaction is completed.
5.12 If You fail to pay all Prices due, AlFindlay.com reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all Prices which are overdue and payable to AlFindlay.com.
5.13 Please refer to AlFindlay.com Service specific terms & conditions including, but not limited to, the Domain Name terms of Service for Domain Name for specific payment policies.
6.1 If You withdraw any payments made via a bank, credit card or PayPal account (a "chargeback") You may be subject to a administration fee of £50, should AlFindlay.com deem the chargeback to be unfair. AlFindlay.com also reserves its right to defend such chargebacks and recover the original monies from You or the card issuer.
6.2 If a chargeback is made, AlFindlay.com reserves the right to interrupt, suspend or cancel the Services. Such interruption, suspension or cancellation does not relieve You from paying the original Prices which are overdue and payable to AlFindlay.com.
7. Appropriate Service use
7.1 AlFindlay.com reserves the right to refuse Service and/or access to its servers and/or Services to anyone.
7.2 AlFindlay.com does not allow any content which breaches our Acceptable Use Policy to be stored on its servers:
7.3 Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of AlFindlay.com.
7.4 AlFindlay.com reserves the right to move Your data to a different server with no previous notice.
8. Scheduled maintenance
8.1 To guarantee optimal performance on the servers, it is necessary for AlFindlay.com to perform routine maintenance. Such maintenance often requires taking AlFindlay.com Exchange servers off-line, typically performed during off-peak hours. AlFindlay.com will give You advance notice of maintenance requiring the servers to be taken off-line whenever possible.
9.1 We will endeavour to provide a continuous high quality service. If You experience problems with Your Service, You should consult AlFindlay.com support website and search for a resolution to Your problem in AlFindlay.com Knowledge Base. You will also find AlFindlay.com 24/7 support contact details on AlFindlay.com support website at http://www.AlFindlay.com/
9.2 Please note we may require suspension of some of AlFindlay.com Services for short scheduled periods to carry out maintenance or repair to AlFindlay.com Services. Information concerning scheduled downtime is available on the AlFindlay.com support website, as are details of any interruptions to AlFindlay.com Services.
10. Reselling of Services
10.1 All Services other than AlFindlay.com Reseller Packages are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting Services of their website to other parties.
10.2 AlFindlay.com reserve the right to suspend access to the automated management facilities of the Reseller account including the API (Application Programming Interface) if a customer's use is deemed to be affecting the platform for which AlFindlay.com delivers the Services.
11. Database Usage
11.1 If You exceed the limits on AlFindlay.com database products (MS SQL and MySQL) then we will automatically charge You for the additional space You use at AlFindlay.com current Prices. For example if You have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.
12. Ownership of data
12.1 All data created or stored by You within AlFindlay.com' applications and servers are Your property. AlFindlay.com shall allow access to such data by only authorised AlFindlay.com personnel. AlFindlay.com 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 AlFindlay.com' servers.
12.2 You are responsible for backing up Your data.
13. Uploads via scripting languages
13.1 We limit uploads made via scripting languages - including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file.
14.1 It is the mailbox owner's responsibility to keep his/her password confidential, and to change the password on a regular basis. AlFindlay.com is not responsible for any data losses or security issues due to stolen passwords. AlFindlay.com recommends that You use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).
15. Your personal details
15.1 Please note that whilst Your email is primarily used for billing purposes, AlFindlay.com reserves the right to email You information about enhancements to AlFindlay.com systems and product offerings. You can unsubscribe from marketing communications within Your AlFindlay.com control panel.
16. AlFindlay.com Disclaimers and Warranties
16.1 AlFindlay.com does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, AlFindlay.com 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 AlFindlay.com and its employees.
16.2 AlFindlay.com 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.
16.3 So far as permitted by law and particularly in respect of non-consumers, 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.
16.4 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
17.1 AlFindlay.com 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.
17.2 AlFindlay.com 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.
17.3 No matter how many claims are made and whatever the basis of such claims, AlFindlay.com' 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.
17.4 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of AlFindlay.com, its employees or its sub-contractors.
17.5 AlFindlay.com shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
17.5.1 interruptions to the flow of data to or from the internet;
17.5.2 changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
17.5.3 the effects of the failure or interruption of Services provided by third parties;
17.5.4 factors outside of AlFindlay.com' reasonable control;
17.5.5 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
17.5.6 problems with Your equipment and/or third party equipment;
17.5.7 interruptions to the Services requested by You.
18. Force Majeure
18.1 AlFindlay.com shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of AlFindlay.com (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, 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.
19.1 The failure of AlFindlay.com to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by AlFindlay.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
20.1 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.
21.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by AlFindlay.com to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.
22. Governing Law
22.1 Except as otherwise set forth in the Domain Dispute Policy, Your rights and obligations and all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.
23. Legal Fees
23.1 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.
24.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of AlFindlay.com However, in the event that AlFindlay.com consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
25. Entire Agreement
25.1 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.
26. Amendment in Writing
27. Further Assurances
27.1 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.
28. Relationship of the Parties
28.1 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
29. Joint and Several Obligations
29.1 If any party consists of more than one entity, their obligations here under are joint and several.
30. No Third Party Beneficiaries
30.1 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
31.1 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. AlFindlay.com 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 AlFindlay.com as reflected in the original provision.
Please note: by signing up for any of AlFindlay.com Services You agree to be bound by all AlFindlay.com terms and conditions.
The following terms and conditions apply to AlFindlay.com email Services.
1. Use of Microsoft Outlook Software
1.1 AlFindlay.com Exchange Mail accounts include licensing for Outlook Client Software. The license fee is included in the monthly AlFindlay.com Service fee. Mailbox owners are permitted to install the software once on one PC for each Microsoft Exchange mailbox. Sharing of a single mailbox is not permitted unless additional licenses are purchased on a monthly basis for each user. If You cancel Your AlFindlay.com Exchange Mail account You are responsible for uninstalling any Outlook software that is licensed to You as part of the AlFindlay.com Service.
2. Size of mailbox
2.1 Each mailbox has a storage quota. This is in place to protect Your account and others from potentially large volumes of email sent to a single address that could materially affect the email system server. Additional storage can be purchased though Your control panel. It is the mailbox owner's responsibility to ensure that his/her mailbox does not reach its allocated level. AlFindlay.com cannot be responsible for email lost due to full mailboxes. You can check Your mailbox size from Your control panel.
3. Service availability
3.1 AlFindlay.com monitors the server as a whole but does not monitor individual mailboxes. The Exchange server uses SMTP, a "store-and-forward" email protocol, to deliver outbound messages. This protocol does not guarantee immediate delivery of email messages. By default, the Exchange server makes a delivery attempt every ten minutes three times; after that the server will attempt message delivery every fifteen minutes. If there is no successful delivery attempt within twelve hours, a delay notification will be emailed to the sender. If there is no successful delivery attempt within two days, the message will be returned to the sender.
4.1 AlFindlay.com makes every reasonable effort to ensure mailbox security at all times. We do this through a combination of various network security policies, load balancing and redundant systems. We make every reasonable effort to ensure the integrity of data on AlFindlay.com systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner's responsibility notify to AlFindlay.com. We cannot guarantee to restore data and we accept no liability for the loss of any such data.
5. Server storage capacity
5.1 Each Exchange account is allotted an aggregated storage capacity initially equal to the total storage capacity of each mailbox. This storage capacity is shared among all mailboxes and public folders within Your account; the quota cannot be exceeded. For an additional fee, You may increase Your account storage capacity at any time from within the control panel.
6. Mailbox and Public Folder storage capacity
6.1 In addition to the aggregate account storage capacity, each mailbox and public folder also 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. AlFindlay.com 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.
7. Anti-virus checking
7.1 AlFindlay.com installs anti-virus software on its email servers for all Advanced and Exchange mailboxes. This software is configured to check messages coming into the email server. If a virus is detected, the message is deleted. No notification is sent to either recipient or sender of the message. Messages sent between mailboxes on the AlFindlay.com platform are not checked.
8. Anti-SPAM message filtering
8.1 AlFindlay.com runs anti-SPAM software on its email servers for all Advanced and Exchange mailboxes. You can determine the levels of spam protection from within Your control panel.
8.2 AlFindlay.com also runs anti-SPAM software on outbound email from all mailboxes, and reserves the right to mark or delete any messages determined to be SPAM.
9. Use of email account
9.1 If AlFindlay.com 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.
9.2 For details of what is not allowed by AlFindlay.com and AlFindlay.com spam/ illicit material policies please see AlFindlay.com Acceptable Use Policy.
10. Email retrieval and timescale
10.1 AlFindlay.com' policy on maintaining stable data-transfer levels includes a deletion process for email as follows: (i) all mail in IMAP "Trash" folders will be deleted automatically after 7 days. Such mail is checked daily y; (ii) if a mailbox is not accessed for 60 days, either by POP or IMAP, all mail over 90 days old will be deleted automatically. This process will be repeated daily until the mailbox is accessed again; (iii) Root mailboxes that are not accessed for 90 days will have their quota reduced to 1MB automatically (with any existing mail over this new quota deleted). If the Root mailbox is accessed again, its quota will be increased back to the original allocation (Root mailboxes being Standard mailboxes). Note that after 90 days, the Root mailbox will have already undergone a cleanup after 60 days of inactivity. AlFindlay.com does not accept any responsibility whatsoever for any deleted mail.
1.1 The following terms and conditions apply to the domain registration Service:
1.1.1 You acknowledge and recognize that the domain name system and the practice of registering and administering domain names is continuously evolving and that AlFindlay.com may modify this Agreement as necessary from time to time to comply with any agreements by which AlFindlay.com is or will be bound, and to adjust to changing business circumstances. We will notify of these changes by e-mail to refer You to the amended provisions.
1.1.2 Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.
2. Domain Name Registration
2.1 AlFindlay.com has been granted the right to provide Internet domain registration Services for second-level domain names within the .com, .org, .net, .co.uk, .mobi, .eu, .org.uk, .ltd.uk and .plc.uk top-level domains.
2.2 ICANN oversees the .com, .org, .mobi and .net top-level domains. Nominet oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID oversees the .eu top-level domain.
2.3 Upon AlFindlay.com' receipt of domain name registration information from You, AlFindlay.com 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, .mobi, .org, and .net top-level domains. Nominet UK acts as the registry administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID acts as the registry administrator for the .eu top-level domain.
3. Selection of a domain name.
3.1 You represent that, to the best of 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 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.
3.2 If You are registering a domain name during the finite period of time when owners of trademarks and service marks have priority to do so ("Sunrise Period"), You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted on the conditions applicable to those new domain names and their Sunrise provisions which may include a minimum registration term.
3.3 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 Nominet terms & conditions, If You are registering the domain for a third party, You warrant that the third party for whom you register the domain name have read and agree to the Nominet Terms &Conditions.
4. Name restrictions.
4.1 Registrations in the .name top-level domain must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
5.1 In consideration for AlFindlay.com providing domain name registration Services to You, You agree to pay AlFindlay.com, prior to the approval of the desired domain name registration, the amounts set forth in the AlFindlay.com Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.
5.2 Your application will not be registered until AlFindlay.com receives actual payment of the registration fee. If AlFindlay.com does register a domain name prior to payment of the registration fee, AlFindlay.com reserves the right to cancel that registration or restrict use of the domain name until payment has been received.
5.3 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.
5.4 In the event of a charge back by a credit card company or other payment provider authorized by AlFindlay.com, the domain name registration shall be transferred to AlFindlay.com as the paying entity for the registration. AlFindlay.com may reinstate Your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently £100.
5.5 Payment must be made by credit card or other methods we indicate in registration application or renewal form. We will renew Your domain 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.
6. Free domain name registration
6.1 Please note that if You opt to take advantage of AlFindlay.com free domain name registration You will automatically be charged for the renewal of the domain 30 days prior to its expiry.
7.1 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 these terms and conditions will apply.
7.2 To ensure Your domains are not lost we operate a positive renewal system on all AlFindlay.com domains - Your domain will automatically renew for the term it was registered for unless You opt-out of this Service through Your control panel. 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.
7.3 AlFindlay.com' 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. You will automatically be charged for the renewal of the domain 30 days prior to its expiry.
7.4 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.
7.5 Ownership of data
7.5.1 You agree and acknowledge that AlFindlay.com 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 AlFindlay.com acts as the registrar including:
(d) the original creation date of the registration;
(e) the expiration date of the registration;
(f) 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;
(g) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
(h) 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.
7.5.2 AlFindlay.com does not have any ownership interest in Your specific personal registration information outside of Your right in AlFindlay.com domain name database.
7.6 Transfer of ownership
7.6.1 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 AlFindlay.com in AlFindlay.com sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by AlFindlay.com in AlFindlay.com sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
7.6.2 For further details and to action any transfer of ownership please login to Your AlFindlay.com control panel.
8. Domain name dispute policy
8.1 You agree to be bound by the Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found at the end of this document. Domain Name Dispute Policy
8.2 The Dispute Policy governs any dispute between you and any party other than us over the registration and use of the domain name. The specific disputes which are subject to the Dispute Policy are contained in the Dispute Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the domain name registration is disputed by a third party.
9. Domain name registration information and its use
9.1 Information You are required to Submit
9.1.1 As part of the registration process, You are required to submit to AlFindlay.com 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.
9.1.2 You shall provide and maintain updated information at all times with AlFindlay.com. AlFindlay.com at its discretion may refuse to renew any registrations unless You maintain current and updated information at all times.
9.1.3 AlFindlay.com may from time to time request additional information from You. While not obligated to provide the additional information, You should provide the additional requested information to ensure that You will obtain all the products and Services which AlFindlay.com makes available to domain name registrants.
9.2 Additional Information Maintained about Your Registration
9.2.1 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 AlFindlay.com 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.
9.3 Obligations Relating to Data Provided by You
9.3.1 If in registering a domain name You provide information about a third party, You hereby represent that You have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement.
9.4 Disclosure and Use of Registration Information
9.4.1 You agree to authorize AlFindlay.com 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 AlFindlay.com may make publicly available, some or all of the domain registration information provided by You, for purposes of inspection such as through AlFindlay.com's WHOIS Service or for any purpose as required or permitted by ICANN and applicable laws.
9.4.2 In addition, You acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that AlFindlay.com may or must make available to the public or to private entities, and the manner in which such information is made available.
9.4.3 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.
9.4.4 You may access Your domain name registration information in AlFindlay.com's possession to review, modify or update such information, by accessing AlFindlay.com domain manager Service, or similar Service, available at AlFindlay.com website at www.AlFindlay.com
9.4.5 We will not process any data about any 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 AlFindlay.com loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
9.5 Agents and licences
9.5.1 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.
9.5.2 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.
9.5.3 In any circumstance where You are registering a domain for a third party, You agree that You must (in advance):
(a) Make Your customers aware of the Prices associated with domain name registration, renewal and maintenance.
(b) Give details of the domain name related Services You provide, which are relevant to this customer, information on how to invoke the Service, any Prices payable and how long You take to carry out the Service.
(c) Make Your customers aware of changes to Your Prices.
(d) Detail the method, availability and cost of customer Service provided.
(e) Act quickly after getting a request from Your registrant to take some action for them; and
(f) Update their details soon after You know that the current ones are out of date or wrong.
9.6 Registrant Data
9.6.1 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.
9.6.2 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.
9.6.3 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.
9.6.4 You agree that if You register a domain on behalf of a third party, AlFindlay.com can pass on the contact details of that third party to the Registry Administrator if required to do so by the Registry.
9.7 Limitation of liability
9.7.1 You agree that AlFindlay.com 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 AlFindlay.com has been advised of the possibility of such damages, and in particular AlFindlay.com 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 AlFindlay.com;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policy.
9.7.2 AlFindlay.com 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.
9.7.3 AlFindlay.com's maximum aggregate liability shall not exceed the greater of:
(a) the total amount paid by You for registration of the domain name; or
(b) £50.00 (UK Pounds).
9.8 Indemnification of AlFindlay.com
9.8.1 You agree to defend, indemnify and hold harmless AlFindlay.com and the registry administrator, including AlFindlay.com 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. This indemnification is in addition to any indemnification required under the Dispute Policy.
9.8.2 You also agree that in the event a domain name dispute arises with any third party, You shall indemnify and hold AlFindlay.com harmless pursuant to the terms and conditions contained in the Dispute Policy.
9.9 Representations and warranties
9.9.1 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.
9.9.2 You acknowledge and agree that all domain name registration Services provided to You by AlFindlay.com are provided on an "as is" basis. AlFindlay.com 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. AlFindlay.com 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.
9.10 Breach and revocation
9.10.1 AlFindlay.com 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, AlFindlay.com or other associated companies.
9.10.2 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 AlFindlay.com) 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 AlFindlay.com, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.
9.10.3 You also agree that AlFindlay.com 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 AlFindlay.com 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.
9.10.4 You acknowledge and agree that:
(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to AlFindlay.com' 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.
10. No Guarantee
10.1 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.
11. Specific TLD Registration Agreements
* Terms and conditions for .UK domain names
* Terms and conditions for .TV domain names
* Terms and conditions for .BIZ IP claims
* Terms and conditions for .NAME domain names
* Terms and conditions for .COM, .NET, .MOBI and .ORG domain names
* Terms and conditions for .EU domain names
1.1 This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into Your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between You and any party other than AlFindlay.com (the registrar) over the registration and use of an Internet domain name registered by You. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations.
2.1 By applying to register a domain name, or by asking AlFindlay.com to maintain or renew a domain name registration, You hereby represent and warrant to AlFindlay.com that (a) the statements that You made in Your Registration Agreement are complete and accurate; (b) to Your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) You are not registering the domain name for an unlawful purpose; and (d) You will not knowingly use the domain name in violation of any applicable laws or regulations. It is Your responsibility to determine whether Your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes.
3.1 We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
3.1.1 subject to the provisions of Paragraph 8, AlFindlay.com receipt of written or appropriate electronic instructions from You or Your authorized agent to take such action;
3.1.2 AlFindlay.com receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
3.1.3 AlFindlay.com receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which You were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of Your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
4.1 This Paragraph sets forth the type of disputes for which You are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a "Provider").
4.1.1 Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that (i) Your domain name is identical or confusingly similar to a trademark or Service mark in which the complainant has rights; and (ii) You have no rights or legitimate interests in respect of the domain name; and (iii) Your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present.
4.1.2 Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: (i) circumstances indicating that You have registered or You have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of Your documented out-of-pocket costs directly related to the domain name; or (ii) You have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that You have engaged in a pattern of such conduct; or (iii) You have registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, You have intentionally attempted to attract, for commercial gain, Internet users to Your web site or other online location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of Your web site or location or of a product or service on Your web site or location.
4.1.3 How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When You receive a complaint, You should refer to Paragraph 5 of the Rules of Procedure in determining how Your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate Your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii): (i) before any notice to You of the dispute, Your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or (ii) You (as an individual, business, or other organization) have been commonly known by the domain name, even if You have acquired no trademark or service mark rights; or (iii) You are making a legitimate non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
4.1.4 Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
4.1.5 Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
4.1.6 Consolidation. In the event of multiple disputes between You and a complainant, either You or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
4.1.7 Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where You elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by You and the complainant.
4.1.8 AlFindlay.com Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
4.1.9 Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of Your domain name or the transfer of Your domain name registration to the complainant.
4.1.10 Notification and Publication. The Provider shall notify AlFindlay.com of any decision made by an Administrative Panel with respect to a domain name You have registered with AlFindlay.com. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
4.1.11 Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either You or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that Your domain name registration should be cancelled or transferred, we will wait ten (10) business days (as observed in the location of AlFindlay.com principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from You during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that You have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of AlFindlay.com principal office or of Your address as shown in AlFindlay.com Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to AlFindlay.com of a resolution between the parties; (ii) evidence satisfactory to AlFindlay.com that Your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing Your lawsuit or ordering that You do not have the right to continue to use Your domain name.
5. All Other Disputes and Litigation.
5.1 All other disputes between You and any party other than AlFindlay.com regarding Your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between You and such other party through any court, arbitration or other proceeding that may be available.
6. AlFindlay.com Involvement in Disputes.
6.1 We will not participate in any way in any dispute between You and any party other than AlFindlay.com regarding the registration and use of Your domain name. You shall not name AlFindlay.com as a party or otherwise include AlFindlay.com in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo.
7.1 We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
8.1 Transfers of a Domain Name to a New Holder. You may not transfer Your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of AlFindlay.com principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding Your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
8.2 Changing Registrars. You may not transfer Your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of AlFindlay.com principal place of business) after such proceeding is concluded. You may transfer administration of Your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name You have registered with AlFindlay.com shall continue to be subject to the proceedings commenced against You in accordance with the terms of this Policy. In the event that You transfer a domain name registration to AlFindlay.com during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy Modifications.
9.1 We reserve the right to modify this Policy at any time with the permission of ICANN. We will post AlFindlay.com revised Policy here at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to You until the dispute is over, all such changes will be binding upon You with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of AlFindlay.com change. In the event that You object to a change in this Policy, Your sole remedy is to cancel Your domain name registration with AlFindlay.com, provided that You will not be entitled to a refund of any fees You paid to AlFindlay.com. The revised Policy will apply to You until You cancel Your domain name registration.
10. Dispute Policy for domains ending in .uk and .eu
10.1 Disputes involving UK domain names are handled by Nominet http://www.nominet.org.uk/ Disputes involving .eu domains are handled by EURID http://www.eurid.eu/.
11. Contacting AlFindlay.com
11.1 If You need to contact AlFindlay.com regarding a domain name dispute please visit AlFindlay.com support site at http://AlFindlay.com
Acceptable use policy
This policy is subject to change, so please check regularly for updates. This policy is in addition to AlFindlay.com Terms & Conditions.
Use of Services
1.1 AlFindlay.com reserves the right to suspend or cancel a customer's access to any or all Services provided by AlFindlay.com, where AlFindlay.com decides that the account has been inappropriately used. AlFindlay.com reserves the right to refuse Services and/or access to its servers to anyone.
1.2 AlFindlay.com offer unlimited web space and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any material which does not comply with our content guidelines (see section 3)
1.3 AlFindlay.com will suspend access to, or cancel, an account which:
1.3.1 Contains invalid or fraudulent details.
1.3.2 Initiates a payment card chargeback.
1.4 You agree;
1.4.1 not to re-sell or offer for the use of third parties any part of our services, unless you have purchased a reseller package or dedicated server.
Acceptable use guidelines
2.1 You may not use the Services:
2.1.1 in any way that breaches any applicable regulation , UK or International law.
2.1.2 in any way that is fraudulent;
2.1.3 to host any material which is in breach of our content guidelines (see section 3);
2.1.4 to transmit, or otherwise permit any unsolicited or unauthorised advertising or promotional material or any other form of similar marketing material ,also known as SPAM or Unsolicited Commercial E-mail (UCE)
2.1.6 to publish or otherwise distribute Warez, copywritten or other illegal material. The onus is on You the customer to prove that You own the rights to publish material, not for AlFindlay.com to prove that You do not.
2.1.7 to participate in any file-sharing/peer-to-peer activities;
2.1.8. as a file backup store. All files uploaded to a domain on our servers must be visible and accessible by visiting that domain, unless they are hidden files needed to operate the website; we reserve the right to delete files which do not match these criteria without giving notice to you.
2.1.9 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
2.1.10 to use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space.
2.1.11 to offer HTTP downloads from your site, other than where the files are directly related to the subject matter of the site. We recommend you stream any multimedia content including audio and video files. Any downloads offered by You under this clause are subject to sections 1.2, 2.1.6, and 2.1.10 of this Acceptable Use Policy. AlFindlay.com reserves the right to archive any download content we do not believe to be necessary for the normal operation of the site, and the definition of this is entirely at the discretion of AlFindlay.com.
3.1 These content guidelines apply to any and all services provided by AlFindlay.com to You .
3.2 Material published to or transmitted through our servers must:
3.2.1 be accurate (where stating facts);
3.2.2 comply with applicable law in accordance with section 2.1.1 of this policy.
3.3 Material must not:
3.3.1 be defamatory of any person;
3.3.2 be obscene, offensive, or inflammatory;
3.3.3 contain any adult material. Adult material includes all pornography; or otherwise lewd or obscene content. The designation of 'adult material' is left entirely to the discretion of AlFindlay.com.
3.3.5 infringe any copyright, or trade mark.;
3.3.6 be likely to deceive any person;
3.3.7 promote or assist any illegal activity;
3.3.8 be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
3.3.9 be used to to misrepresent your identity or affiliation with any person or organization ;
3.4 You must ensure that any end-user submitted content such as forum posts or chat room entries meet with the standards defined within this Policy.
4.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of AlFindlay.com Services. When a breach of this policy has occurred, we may take such action as we deem appropriate in accordance with section 1.1 of this Acceptable Use Policy.
4.2 Failure to comply with this Acceptable Use Policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use AlFindlay.com Services, and may result in our taking all or any of the following actions:
4.2.1 immediate, temporary or permanent withdrawal of your right to use AlFindlay.com Services;
4.2.2 immediate, temporary or permanent removal or archiving of any content in breach of our Content Standards (as defined in section 3 of this Acceptable Use Policy) uploaded to our servers;
4.2.3 issue of a warning to you;
4.2.4 issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
4.2.5 further legal action against you; or
4.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5.1 AlFindlay.com have a Police Liaison function and we are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.
6. Contact Information
6.1 We are happy to answer any questions You may have regarding Your AlFindlay.com Services. Please note that any discussions with AlFindlay.com Internet Ltd are treated in strictest confidence, so we may need to ask You security questions to confirm that we are speaking to the right person.
7.1 Your right to privacy is very important. AlFindlay.com recognise that when You choose to provide AlFindlay.com with information about Yourself, You trust AlFindlay.com to act in a responsible manner. We believe this information should only be used to help AlFindlay.com provide You with a better Service. That's why we have put a policy in place to protect Your personal information which you can read by clicking on the link below.
Please note: by signing up for any of AlFindlay.com Services You agree to be bound by all AlFindlay.com terms and conditions.
(Define: 'Services' = all products/services offered by AlFindlay.com)
In order to efficiently process your report we need you to send as much information as possible and your contact email address and phone number. Below are details that we will need from you when investigating internet misuse. Reports will not be investigated until the below details are received, so if any of the below is missing from your report, please re-send the information.
1) Reporting port scanning, attempted hacking and firewall activity
Where your report is based upon information obtained from a firewall, please ensure that you send the relevant unedited firewall log (or excerpt). Please ensure that the log includes the time, date and time zone.
You also need to confirm that the clock on your PC is accurate and that you are using the correct time zone for your locale. If your clock is inaccurate please indicate how many minutes and seconds wrong it is (There is an online clock website to check your PC clock here: http://www.timeticker.com/main.htm).
Screenshots or image files will not be accepted as evidence of a system intrusion.
If you see any other misuse on your own servers originating from a AlFindlay.com IP Address, then please send us the following information:
Your URL, your web server log, shows the IP Address, Time, Date and Time zone of the IP Address logging into your server and any details of the misuse that has taken place.
2) Reporting email / newsgroup misuse (including spam)
We require the full header and content of the Email/Newsgroup post. The header enables us to trace the journey that an Email/Newsgroup post has made from the computer it originated from to the computer it was downloaded to. Please see below for instructions on retrieving full mail headers within Microsoft Outlook. If you use another mail client, Please check your providers support documentation for this information.
To retrieve headers in Outlook (with the email not opened in your inbox):
1. Right click on a message and choose "Options"
2. From pop-up box, copy all from "Internet Headers" window
3. Close pop-up box
4. Right click on the message again and choose "Forward"
5. Paste headers into the top of the pop-up email forward window
To retrieve email headers from Outlook Express for Windows:
1. With the mail unopened in your inbox
2. Right click on the mail
3. Choose properties
4. Click on the 'details' tab at the top of the 'pop-up' box
5. Press "message source"
To retrieve email headers from Outlook Express for Macintosh:
1. With the mail unopened in your inbox
2. Click View
3. Click Source
4. To select all use: command + a
5. To copy use: command + c
6. To paste the header use: command + v
3) Reporting virus activity
If you have received or been infected by a virus, worm or Trojan please note that AlFindlay.com are unable to offer any support in their removal. We recommend that you install Anti-Virus software and ensure that it is updated regularly. Please include the following information in your complaint.
Header of the email (if one is available) and content of the email.
The email attachment that was sent to you (if any). The attachment may need to be placed in an archived file (.zip, .rar etc) for our email software to receive it. The website contains helpful instructions to help you with this procedure. If you cannot attach the virus, then please send the email and header only.
4) Reporting web space abuse
If you become aware of any web space hosted by AlFindlay.com that you feel is in contravention of our Terms and Conditions or Acceptable Use Policy, then please email us with the details. Please see http://www.AlFindlay.com for full details of our terms and Acceptable Use Policy.
Please send the following information:
The URL (such as www.AlFindlay.com), the time and date that you noticed the infringement, any details regarding how you came to view the material and a precise description of why you believe the domain to be in breach.
AlFindlay.com actively report any illegal activities that take place on our servers to the Police. AlFindlay.com also work with the Internet Watch Foundation to ensure that any images of child abuse are removed from our service and reported as soon as we are made aware, in line with current working practices.
Your right to privacy is very important. AlFindlay.com (referred to below as "we" or "us") 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.
By using this website, you give your consent that all personal data you submit may be processed in the manner and for the purposes described below.
For the purposes of the Data Protection Act 1998 ("the Act"), the data controller is AlFindlay.com with registered office at Discovery House, 154 Southgate Street, Gloucester, Gloucestershire GL1 2EX.
1) What personal information do we collect?
We may collect and process the following data about You:
* Details of transactions You carry out through our website and the fulfilment of your order. When making a purchase with AlFindlay.com, we will collect your contact information, which includes name, address, email address and phone number, as well as payment information.
* When you become a AlFindlay.com customer you automatically subscribe to electronic newsletter and special offer promotions. You can adjust your email preferences and/or unsubscribe from certain communications via your AlFindlay.com Control Panel
* If you contact us, we may keep a record of that correspondence
* Other information to help us provide you with improved services
* We may also collect information from the cardholder if another member of your household
2) How we use your information
We use information about you in the following ways:
* To help us identify you and any accounts you hold with us
* To enable us to review, develop and improve the website and services
* To provide customer care
* To carry out marketing and statistical analysis
* To notify you about changes to our website and services
* To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contact for such purposes.
3) With who is the information shared?
We may disclose your personal information to third parties:
* Any cardholder who has purchased services on your behalf
* Any employees, agents or service providers of AlFindlay.com to deal with any accounts or to deliver specific services to you.
* Any associated company who are our business partners and/or with whom we work.
* 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, subject to their entering into appropriate confidentiality undertakings.
* If AlFindlay.com or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
* If we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or to protect the rights, property, or safety of AlFindlay.com, our customers, or others. This includes but is not limited to exchanging information with other companies and organisations for the purposes of fraud protection, credit risk reduction and dispute policies.
If you do nothing other than read pages or download information while using this web site, we will capture and store information about your visit. This information will not identify you; it relates to:
* the Internet domain (e.g. www.company.co.uk) and IP address from which you access the web site
* the type of browser (Internet Explorer or Netscape) and operating system (Windows, UNIX) you use
* the date and time of your visit
* the pages you visit
* the address of the web site from which you linked to us (if applicable).
We use this information to make each visit more rewarding, and to provide us with information to help improve our service. We do not know (and do not want to know) the identities of people who visit us in this way.
For further information about cookies, you may like to visit www.allaboutcookies.org.
5) Where we store your Personal Data
All information you provide to us is stored on our secured servers in the UK. Any payment transactions will be encrypted. Credit card numbers are used for processing payment only and are not retained for marketing purposes.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping the password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Athough we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
AlFindlay.com 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. Any information You supply on such sites will not be within our control.
7) How can you update the personal information you have provided to us?
You can help us maintain the accuracy of your information by notifying us of any changes to your address, title, phone number or e-mail address. You can do this by updating your personal details from within your AlFindlay.com Control Panel.
8) Your rights
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
9) Contact Us