You indicate acceptance of these terms and conditions of service by placing an order with Smokey Planet. These terms and conditions will not be varied for individual customers.
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.1.3 "Smokey Planet" means Smokeyplanet.co.uk
1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by Smokey Planet in connection with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration, email and any other services or facilities provided by Smokey Planet.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at www.smokeyplanet.co.uk.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 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.
2.1 The Customer wishes to provide Smokey Planet with data that will be hosted on Smokey Planet's servers and made accessible via the Internet.
2.2 Smokey Planet provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
3.1 Smokey Planet shall provide to the Customer the Services specified in their order subject to the following terms and conditions:
3.2 The Customer shall deliver to Smokey Planet the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Smokey Planet ("the Customer Software), in a format specified by Smokey Planet.
4.1 Payment methods include PayPal, credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) and direct debits.
4.2 Smokey Planet do not accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined in 4.1.
4.3 Unless stated otherwise, all prices advertised on the website already include any taxes.
4.4 Smokey Planet shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 Smokey Planet DO NOT provide credit facilities.
4.6 From time to time Smokey Planet may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 Smokey Planet provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket at URL within 7 days of placing your order for a full refund. This guarantee excludes domain names which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
4.9 Should your chosen payment method fail Smokey Planet will attempt to settle your invoice using any other payment facilities available on your account.
4.10 All services will renew until cancelled by the customer. Smokey Planet emails the customers primary email address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
5.1 Smokey Planet shall maintain control and ownership of the 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.
5.2 Where Smokey Planet changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6.1 If the Customer requires use of software owned by or licensed to Smokey Planet ("Smokey Planet's software") in order to use the Services, Smokey Planet grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Smokey Planet Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Smokey Planet's Software.
6.2 In relation to Smokey Planet's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Smokey Planet a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Smokey Planet any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Smokey Planet Software.
6.4 Smokey Planet may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Smokey Planet shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7.1 Smokey Planet shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Smokey Planet makes no warranties or representations that the Service will be uninterrupted or error-free and Smokey Planet shall not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 Smokey Planet carries out data backups for use by Smokey Planet in the event of systems failure. Smokey Planet do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Smokey Planet accepts no responsibility for data loss or corruption.
8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Smokey Planet's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Smokey Planet is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Smokey Planet shall be entitled to withdraw the Services and terminate the Customer's account without notice or refund.
9.1 All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Smokey Planet and the password will be changed.
10.1 The Customer warrants and represents to Smokey Planet that Smokey Planet's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Smokey Planet as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Smokey Planet shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
11.1 The Customer agrees to indemnify and hold Smokey Planet and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Smokey Planet arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12.1 Nothing in these terms and conditions shall exclude or limit Smokey Planet's liability for death or personal injury resulting from Smokey Planet's negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of Smokey Planet to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall Smokey Planet be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Smokey Planet had been made aware of the possibility of the Customer incurring such a loss.
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13.2 Smokey Planet shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 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 written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 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
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 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..
13.4 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.
13.5 On termination all data held in the customers account will be deleted. Smokey Planet strongly advises that customers backup their data before terminating their hosting service.
14.1 Smokey Planet may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Smokey Planet's prior written consent.
15.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
16.1 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 Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
17.1 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 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 2 days following the date of posting.
18.1 This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
19.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Smokey Planet will provide a full refund for that domain name.
20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.
21.1 If you cancel your
Services, any data we hold or host in relation to the Services you have
cancelled will be immediately and permanently deleted from our system.
Accordingly, you are strongly advised to make appropriate copies of such
data before you cancel your Services.
21.2 If your hosting account has been disabled due to non payment or other breaches of our terms for fifty (50) clear days, we will immediately and permanently delete those disabled accounts (and all the data hosted in relation to them) from our system.
22.1 Smokey Planet are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
23.1 To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
24.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
24.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
25.1 Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
26.1 Smokey Planet communicates with it's customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.
27.1 Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
28.1 Mail boxes not accessed for 100 days or more will be deleted from the system.
1.1 www.smokeyplanet.co.uk is a site operated by G. George T/A Smokey Planet ("we", "us" and "our").
2.1 Access to our site is
permitted on a temporary basis, and we reserve the right to withdraw or
amend the services we provide on our site without notice (see below). We
will not be liable if for any reason our site is unavailable at any
time or for any period.
2.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
3.1 We are the owner or the
licensee of all intellectual property rights in our site, and in the
material published on it. Those works are protected by copyright laws
and treaties around the world. All such rights are reserved.
3.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
3.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
4.1 Materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
5.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
6.1 Except as otherwise provided by a contract created between you and us incorporating our terms and conditions of supply,
the material displayed on our site is provided without any guarantees,
conditions or warranties as to its accuracy. To the extent permitted by
law, we, other members of our group of companies and third parties
connected to us hereby expressly exclude:
6.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
6.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
184.108.40.206 loss of income or revenue;
220.127.116.11 loss of business;
18.104.22.168 loss of profits or contracts;
22.214.171.124 loss of anticipated savings;
126.96.36.199 loss of data;
188.8.131.52 loss of goodwill;
184.108.40.206 wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8.1 Contracts for the supply of our services (such as our hosting services or domain name registration services) formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
9.1 You must not misuse our site
by knowingly introducing viruses, trojans, worms, logic bombs or other
material which is malicious or technologically harmful. You must not
attempt to gain unauthorised access to our site, the server on which our
site is stored or any server, computer or database connected to our
site or used to provide our services. You must not attack our site via a
denial-of-service attack or a distributed denial-of-service attack.
9.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
9.3 We will not be liable for any loss or damage caused by any denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
10.1 You may link to our site,
provided you do so in a way that is fair and legal and does not damage
our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists.
10.2 You must not establish a link from any website that is not owned by you.
10.3 Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
10.4 If you wish to make any use of material on our site other than as set out above, please address your request to Smokey Planet, 42 Rushdale Ave, Sheffield S8 9QF.
11.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14.1 If you have any concerns about material which appears on our site, please get in touch via the contact form or select the contact support option in the control panel if you are a current customer.
1.1 We may collect and process the following data about you:
1.1.1 information that you provide by filling in forms on our website. This includes information provided at the time of registering an account, purchasing services from us or requesting further services. We may also ask you for information when you report a problem with our site or the services you have purchased;
1.1.2 if you contact us by letter or email, we may keep a record of that correspondence;
1.1.3 if you contact us by telephone, we may record our telephone conversation for training purposes and, if you are asking us to provide you with the use of a dedicated hosting server, for the purposes of proving your request;
1.1.4 we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
1.1.5 details of transactions you carry out through our site and of the fulfilment and administration of your orders; and
1.1.6 details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access and use.
2.1 We may collect information
about your computer, including where available your IP address,
operating system and browser type, for system administration and to
report aggregate information to our advertisers. This is statistical
data about our users' browsing actions and patterns, and does not
identify any individual.
2.2 For the same reason, we may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
2.2.1 to estimate our audience size and usage pattern;
2.2.2 to store information about your preferences, and so allow us to customise our site according to your individual interests;
2.2.3 to speed up your searches; and
2.2.4 to recognise you when you return to our site.
3.1 The personal data that we
collect from you will be stored on our servers inside the European
Economic Area ("EEA") for the purposes of processing
your payment information. By submitting your personal data, you agree to
this storing or processing. We will take all steps reasonably
necessary to ensure that your data is treated securely and in
3.2 Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
3.3 Unfortunately, the transmission of information via the Internet is not completely secure. Although 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. Specifically, your personal data will be stored in accordance with the Payment Card Industry Data Security Standard.
4.1 We use information held about you in the following ways:
4.1.1 to ensure that content from our site is presented in the most effective manner for you and for your computer;
4.1.2 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 contacted for such purposes;
4.1.3 to carry out our obligations arising from any contracts entered into between you and us;
4.1.4 to allow you to participate in interactive features of our service, when you choose to do so;
4.1.5 to notify you about changes to our service.
4.2 If you have placed an order for our services, we will use the information we hold to send you our regular newsletter. This newsletter is our primary method of communicating with you and will inform you of changes to our site, notify you of planned outages and updates to our services, and keep you informed about our services generally. By placing an order for our services, you consent to us using the information we hold about you in this way.
4.3 If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
5.1 We do not sell your personal information to third parties:
6.1 You have the right to ask us
not to process your personal data for marketing purposes. We will
inform you (before collecting your data) if we intend to use
your data for such purposes or if we intend to disclose your information
to any third party for such purposes. You can exercise your right to
prevent such processing by checking certain boxes on the forms we use to
collect your data. You can also exercise the right at any time by
contacting us at Smokey Solutions, 42 Rushdale Ave, Sheffield S8 9QF.
6.2 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
7.1 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.
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ICANN (Internet Corporation for Assigned Names and Numbers) is a non-profit private organization headquartered in California, United States, and is responsible for the coordination of the global Internet's systems of unique identifiers and, in particular, ensuring its stable and secure operation.
Nominet is the .uk domain name registry in the United Kingdom, and as of March 2012, the .uk register held 10,000,000 .uk domain names making it the second largest ccTLD in the world. Nominet also deals with disputes about registrations of .uk domain names, via its Dispute Resolution Service. (DRS)which is similar to the UDRP system used for generic Top Level Domain Names, but with certain innovations such as a free mediation service.