Terms of Service (TOS)

1 Interpretation
2 Provision of the Service
3 Accurate Information
4 Security
5 Resource Usage
6 Support
7 Use of the Service
8 Payment Of Fees
9 Indemnification
10 Confidentiality
11 Limitation of Liability
12 Matters Beyond Reasonable Control
13 Domain Names
14 IP Addresses
15 Data Backup
16 Spam Filtering
17 Term and Termination
18 Changes to this Contract
19 Assignment
20 Entire Agreement
21 Notices
22 Data Protection Consent
23 Severance
24 Law

1 Interpretation

1.1 In this Contract:

1.1.1 "Authorised User" means anyone the Customer allows to use the Service.

1.1.2 "PlugSocket" means PlugSocket Internet Limited of PO Box 360, Ipswich, IP2 9WX; Registered in England No 05289751; Registered Office: 81 Centaur Park, Claydon Business Park, Gt. Blakenham, Ipswich, IP6 0NL.

1.1.3 "Acceptable Use Policy" means the Acceptable Use Policy (AUP) guidelines regarding the use of the Service issued by PlugSocket for the protection of the Customer and other users of the Service and made available for the Customer and Authorised Users to read and review online.

1.1.4 "Customer" means the person applying to use the Service and anyone reasonably appearing to PlugSocket to be acting with that person's authority or permission.

1.1.5 "Internet" means the global data network comprising interconnected networks using the TCP/IP protocol suite.

1.1.6 "Service" means the domain name registration service, the web hosting service, the email service and any other related or ancillary services provided by PlugSocket in conjunction therewith.

1.1.7 "IP address" stands for internet protocol address which is the numeric address for the server or for a website.

1.1.8 "Data transfer" means all traffic that passes through the hosting account including specifically, but not exclusively, web traffic, email and FTP transfer data;

1.2 Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, and words denoting any one gender shall include all genders, and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.

1.3 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

2 Provision of the Service

2.1 PlugSocket will provide the Customer with the Service on the terms of this Contract.

2.2 PlugSocket will use reasonable endeavours to provide the Service by any date agreed with the Customer, but all dates are estimates and PlugSocket has no liability for any failure to meet any date.

2.3 It is technically impracticable to provide a fault free Service and PlugSocket does not undertake to do so. PlugSocket will however use its best efforts to procure the repair of any reported faults as soon as it reasonably can.

2.4 Occasionally PlugSocket may: (a) change the technical specification of the Service; (b) suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency.

2.5 The Customer is responsible for providing suitable computer hardware, software and telecommunications equipment and services necessary to access and use the Service. This Contract does not include the provision of telecommunications services necessary to connect to the Service or to obtain access to the Internet.

2.6 The Customer is responsible for the acts and omissions of all Authorised Users in connection with the Service and is liable for any failure by any Authorised User to perform or observe the terms and conditions of this Contract.

2.7 The Customer acknowledges that they are aware of the Acceptable Use Policy and that the Acceptable Use Policy has been made available for the protection and safety of the Customer and others using the Service. The Customer agrees to ensure that any Authorised Users are aware of and familiar with the Acceptable Use Policy.

2.8 The Customer acknowledges that they and all Authorised Users are over the age of 18.

3 Accurate Information

3.1 The Customer must provide current, complete and accurate contact information as required by the registration process, and maintain or advise PlugSocket of any updates to this information, as needed to keep it current, complete and accurate.

3.2 PlugSocket reserves the right to terminate the Service if information provided by the Customer is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or the Customer has failed to maintain, update and keep PlugSocket informed of changes to their contact details.

4 Security

4.1 The Customer is responsible for the security and proper use of all user names and passwords used in connection with the Service (including changing passwords on a regular basis) and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.

4.2 The Customer must immediately inform PlugSocket if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.

4.3 If the Customer forgets or loses a password or user name the Customer must contact PlugSocket and satisfy such security checks as PlugSocket may operate.

4.4 PlugSocket reserves the right to suspend user name and password access to the Service if at any time PlugSocket considers that there is or is likely to be a breach of security.

4.5 PlugSocket reserves the right (at its sole discretion) to require the Customer to change any or all of the passwords used by the Customer in connection with the Service.

4.6 The Customer must immediately inform PlugSocket of any changes to the information the Customer supplied when registering for the Service.

4.7 The Customer is responsible for ensuring the security of all scripts uploaded to the Service and should in the case of a script developed by a third party regularly check with them for security updates.

5 Resource Usage

5.1 PlugSocket does not permit the installation of chat room software. Chat rooms tend to require significant system resources and therefore cannot be permitted. Forums are permitted.

5.2 Any Customer that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service. PlugSocket shall be the sole arbiter of what is considered to be a high server usage level.

5.3 Any scripts deemed to be adversely affecting server performance or network integrity will be removed without prior notice.

5.4 Background processes are not permitted.

5.5 Each hosting plan includes a monthly data transfer allowance. Should more than the allocated monthly data transfer allowance be used in a calendar month, the Customer agrees to upgrade to a plan that includes a higher data transfer allowance, pay to increase the data transfer allowance allocated to the account to accommodate the usage, or pay for the additional data transfer used in that month. The fees for additional data transfer can be found on the PlugSocket website. PlugSocket shall have the right to take corrective actions, including suspension of the Service.

5.6 PlugSocket will monitor the Customer's disk usage and if it exceeds the usage agreed upon, the Customer agrees to upgrade to a plan that includes a higher disk space allowance, pay to increase the disk space allowance allocated to the account to accommodate the usage, or reduce their usage. The fees for additional disk space can be found on the PlugSocket website. PlugSocket shall have the right to take corrective actions, including suspension of the Service.

6 Support

6.1 PlugSocket will provide the Customer with email support services for the Service. PlugSocket have no obligation to provide the Customer with hard-copy documentation, upgrades, enhancements, modifications or training.

7 Use of the Service

7.1 The Service must not be used by the Customer or any Authorised User in a way that does not comply with the Acceptable Use Policy.

7.2 The Service must not be used by the Customer or any Authorised User:

7.2.1 fraudulently, in connection with a criminal offence, or otherwise unlawfully;

7.2.2 to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, trademark, service mark, patent, privacy or any other rights;

7.2.3 to cause annoyance, inconvenience or needless anxiety;

7.2.4 to transmit knowingly or recklessly any electronic material (including viruses) through the Service which shall cause, or is likely to cause, detriment or harm, in any degree, to computer systems owned by PlugSocket or other Internet users;

7.2.5 to send or provide unsolicited advertising or promotional material, or to receive responses to any unsolicited advertising or promotional material sent or provided using the Service by any third party; or

7.2.6 other than in accordance with the acceptable use policies of any connected networks.

7.3 The Customer must not use a user name or alias which infringes the rights of any person in a corresponding trade mark or name. PlugSocket reserves the right to require the Customer to select a replacement user name or alias and may either refuse to provide or may suspend Service if, in PlugSocket's opinion, there are reasonable grounds for PlugSocket to believe that the user name or alias is, or is likely to be, used for a dishonest purpose, offensive, abusive, defamatory, obscene, or in violation of any person's intellectual property or similar rights.

7.4 If the Customer, an Authorised User or anyone else, with or without the Customer's knowledge or approval, uses the Service in contravention of paragraphs 7.1, 7.2 or 7.3, PlugSocket may treat the contravention as a material breach of this Contract which cannot be remedied for the purposes of paragraph 17.

8 Payment Of Fees

8.1 Payment for the Service by fraudulent means will result in immediate and permanent termination of the Service and possible criminal penalties.

8.2 All payments to PlugSocket are non-refundable with the exception of the 30-day money-back guarantee on hosting plans.

8.3 PlugSocket offers a 30-day money-back guarantee on fees paid for hosting plans if cancelled within 30 days from the beginning of the Service; provided, however that the Customer has never previously obtained a refund under the 30-day money-back guarantee and that the Customer has not violated any of the provisions in this contract.

8.4 The 30-day money-back guarantee includes only fees paid for hosting plans and excludes the refund of all other fees.

8.5 If a domain registration is included free of charge with a hosting plan as part of a special offer, then the standard rate for the domain registration will be deducted from any money refundable under the 30-day money-back guarantee.

8.6 Disputed charges to the Customer's credit / debit card issuer, also known as chargebacks, which, in the sole opinion of PlugSocket are invalid, may result in service suspension and an administration fee being charged.

8.7 PlugSocket sends all billing correspondence using email, so it is important that the Customer keeps PlugSocket informed of changes to their contact email address.

8.8 Prices are valid for the initial period paid and subsequent renewal prices may be subject to change.

8.9 Charges for the provision of Services are published on the PlugSocket website and may be subject to change.

8.10 Services requiring a monthly payment may be terminated if the card issuer refuses for any reason to pay the amount billed to it.

8.11 Payments for services must be received by the expiry date or the Service may be terminated.

8.12 PlugSocket does not offer any form of credit.

8.13 Renewal reminders for the Service will be sent by email unless the customer has specifically requested to PlugSocket that reminders are stopped.

8.14 The Customer should keep a record of the Service renewal date in case PlugSocket is unable to contact the the Customer.

9 Indemnification

9.1 The Customer hereby agrees to indemnify and to hold PlugSocket harmless from and against any claim brought by a third party resulting from the use of the Service or by the Customer and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred by PlugSocket in consequence of the Customer's breach or non-observance of the Contract.

9.2 The Customer shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgements awarded against PlugSocket arising from the above claims and shall provide PlugSocket with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense.

9.3 This paragraph 9 shall remain in effect for three years after the termination of this Contract.

10 Confidentiality

10.1 PlugSocket will keep in confidence any information provided to it by the Customer when registering for the Service or otherwise under this Contract and will not disclose that information to any person (other than its employees, contractors, or professional advisers, or the employees or contractors of a PlugSocket Company who need to know the information) without the Customer's consent.

10.2 This paragraph 10 will not apply to:

10.2.1 any information which has been published other than through a breach of this Contract;

10.2.2 information lawfully in the possession of the recipient before the disclosure under this Contract took place;

10.2.3 information obtained from a third party who is free to disclose it;

10.2.4 information which a party is requested to disclose and if it did not could be required by law to do so; or

10.2.5 information which has been reduced by PlugSocket to anonymous, non-personal form before disclosure.

10.2.6 contact information required for the domain name registrar's public WHOIS database.

10.3 This paragraph 10 will remain in effect for 2 years after the termination of this Contract.

11 Limitation of Liability

11.1 PlugSocket accepts unlimited liability for death or personal injury resulting from its negligence and paragraphs 11.2 and 11.3 do not apply to such liability.

11.2 PlugSocket is not liable to the Customer, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of data.

11.3 PlugSocket's liability to the Customer in contract, tort (including negligence) or otherwise in relation to this Contract, is limited to the amount paid by the Customer for the Service in any twelve month period.

11.4 PlugSocket excludes all liability of any kind in respect of any material on the Internet which can be accessed using the Service and is not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Service or on the Internet.

11.5 PlugSocket is not liable to the Customer either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services (including domain name registration authorities) or for faults in or failures of their equipment.

11.6 Each provision of this Contract, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

12 Matters Beyond Reasonable Control

12.1 If PlugSocket is unable to perform any obligation under this Contract because of a matter beyond its reasonable control, such as earthquake, flood, exceptionally severe weather, fire, explosion, act of God, war, terrorism, armed conflict, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, or events beyond the reasonable control of its suppliers, it will have no liability for that failure to perform.

13 Domain Names

13.1 The Customer confirms and warrants that it is the owner of, or that the Customer has been and is duly authorised by the owner to use, any trade mark or name requested or allocated as its domain name.

13.2 The Customer acknowledges that PlugSocket cannot guarantee that any domain name the Customer requests will be available or approved for use.

13.3 PlugSocket has the right to require the Customer to select a replacement domain name and may suspend the Service if, in the opinion of PlugSocket, there are reasonable grounds for PlugSocket to believe that the Customer's current choice of domain name is, or is likely to be, in breach of the provisions of this Agreement and law.

13.4 If the Service includes the registration of an Internet domain name, the Customer acknowledges and agrees that:

13.4.1 PlugSocket does not represent, warrant or guarantee that any domain name applied for by the Customer or on its behalf, will be registered in its requested name or is capable of being registered by it or that the use of such domain name by it will not infringe any third party rights.

13.4.2 the registration of the domain name and its ongoing use by the Customer is subject to the relevant naming authority's terms and conditions of use and the Customer undertakes to PlugSocket that it will comply with such terms and conditions. The terms and conditions for domain names with the .co.uk, .org.uk, .me.uk, .ltd.uk, and .plc.uk extensions can be found at http://www.nic.uk/nominet-terms.html. The terms and conditions for domain names with the .com, .net, .biz, .info or .org. extensions can be found at http://www.easyspace.com/terms.php.

13.4.3 The Customer hereby irrevocably waives any claims it may have against PlugSocket in respect of any decision of a naming authority.

13.4.4 PlugSocket accepts no responsibility in respect of the use of a domain name by the Customer and any dispute between the Customer and any other individual or organisation regarding a domain name must be resolved between the parties concerned and PlugSocket will take no part in any such dispute. PlugSocket reserves the right, on becoming aware of such a dispute concerning a domain name, at its sole discretion and without giving any reason, to either suspend or cancel the relevant service associated with the domain name, and/or to make such representations to the relevant naming authority as it deems appropriate.

13.4.5 Notwithstanding anything to the contrary contained herein, it is expressly understood and agreed by the Customer and PlugSocket that the Uniform Domain Name Dispute Resolution Policy as approved and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) is hereby incorporated by reference in this Service Agreement and is legally binding on the Customer and PlugSocket with respect to all registrations in the .com, .net, .biz, .info and .org. top level domains.

13.5 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar.

13.6 Each domain name registrar maintains a public WHOIS database that may contain Customer contact information.

14 IP Addresses

14.1 PlugSocket shall maintain control and ownership of any IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.

14.2 Where PlugSocket changes or removes any IP address, it shall use its reasonable endeavours to avoid any disruption to the Customer, but some disruption is inevitable.

15 Data Backup

15.1 PlugSocket carries out data backups for use by PlugSocket in the event of system failure. PlugSocket do not provide data restoration facilities for individual Customers. Even though every effort is made to ensure data is backed up correctly, PlugSocket accepts no responsibility for data loss or corruption. The Customer is strongly advised to keep independent backups of data stored on their account.

16 Spam Filtering

16.1 PlugSocket blocks emails from networks, based on third party real time databases of IP addresses of known spammers, spam gangs, spam operations, spam support services, open proxies, worms/viruses with built-in spam engines, and other types of trojan-horse exploits.

16.2 The Customer hereby agrees to indemnify and to hold PlugSocket harmless in respect of any losses suffered or incurred in consequence of SPAM filtering practices that could discard legitimate email.

17 Term and Termination

17.1 This Agreement will become effective on the date the Customer applies for the service and shall continue until terminated by either party in writing of its intention to terminate the Agreement.

17.2 PlugSocket shall have the right to terminate this Agreement with immediate effect if the Customer fails to make any payment when it becomes due.

17.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:

17.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given notice from the other party to do so; or

17.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or

17.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

17.3.4 the other party ceases to carry on its business or substantially the whole of its business; or

17.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

17.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.

17.5 Upon termination (for whatever reason), PlugSocket may remove files and re-allocate any user names or domain names associated with the terminated Service.

18 Changes to this Contract

18.1 The Customer acknowledges that PlugSocket's business is constantly evolving; therefore, the Customer agrees that PlugSocket may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply to a registry or any other entity or individual, as well as to adjust to changing circumstances. The Customer's continued use of the Service will constitute the Customer's acceptance of this Agreement with any revisions. Should the Customer not agree to any change, the Customer may request that the Service be cancelled or transferred to a different registrar in the case of domain name. The Customer agrees that such cancellation or request for transfer will be the exclusive remedy if they do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.

19 Assignment

19.1 PlugSocket may assign or transfer any of its rights or obligations under this Contract at any time.

19.2 The Customer may not assign or transfer any of its rights or obligations under this Contract without PlugSocket's prior written consent.

20 Entire Agreement

20.1 This Contract contains the whole agreement between the parties and supersedes any previous Agreements, arrangements, undertakings or proposals, written or oral: between the parties in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of this Contract. In agreeing to this Contract, the Customer has not relied on any representation other than those expressly stated in these terms and conditions and the Customer agrees that they shall have no remedy in respect of any misrepresentation which has not been made expressly in this Contract.

21 Notices

21.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall, unless the contrary is proved, be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

22 Data Protection Consent

22.1 By accepting the terms and conditions of this Contract, the Customer grants PlugSocket and its agents processing data on PlugSocket's behalf, permission, in accordance with the Data Protection Acts 1984 and 1998, to send the Customer unsolicited advertising and promotional material pertaining to other PlugSocket products and services and to third party products and services selected by PlugSocket. The Customer may revoke permission to PlugSocket and its agents to send the Customer unsolicited advertising and promotional material pertaining either to other PlugSocket products and services or to third party products and services, or both, by notifying PlugSocket by email of said revocation.

23 Severance

23.1 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Contract had been agreed with the invalid illegal or unenforceable provision eliminated.

24 Law

24.1 This Agreement shall be governed by and construed in accordance with English law and the Customer hereby submits to the non-exclusive jurisdiction of the English courts.