Domain Registration & Main Business Terms

These are the terms and conditions for an Internet domain name registration service and the Supply of Other Internet services (the "Service", as more fully set out below) between 'Dubmaster Limited' trading as Line9 Internet UK, L9i, and Line9, whose registered address is 114 High Street, Cranfield, Bedfordshire, MK43 0DG, ("Line9", "US", "OUR" ) and the Customer (as indicated on the Order Form, "YOU"), whereby the Customer agrees to pay for, and Line9 agrees to provide, the Service or Additional Services on the terms and conditions set out below (the "Terms")

1. DEFINITIONS

In this agreement the following terms shall have the following meanings:
Additional Services means services additional to the Services provided from time to time as agreed between Line9 and the Customer
Agreement means the Agreement of which these Terms form part
Cancellation Charge means the cancellation charge as set out in the Order Form
Fees means the charges and costs for the Services and Additional Services as notified by Line9 from time to time
Intellectual Property means all patents, registered and unregistered trade marks, trade and business names, copyright and rights in the nature of copyright including property rights in relation to compilations or databases, design rights and registered designs and all applications for patents and registered trade marks and registered designs (including in each case, all extensions and renewals thereof)
Interest Rate means the base rate charged by National Westminster Bank plc from time to time plus four per cent
Local Administration Costs means any registration and other costs charged to Line9 for the registration or attempted registration of domain names
Order Form means the sequence of pages displayed on Line9' Internet web site whereby the Customer registers their details and orders Services or Additional Services from Line9
Request means a request for registration of one or more domains
Service means the service provided by Line9 under this Agreement, as further defined in Clause 2

2. THE SERVICE

2.1. Subject to payment of the Fees, the Local Administration Costs, and the terms of this Agreement Line9 shall provide the following:

2.1.1. on the Customer's behalf, the processing of Requests with relevant domain authorities ("the Service"); and

2.1.2. such Additional Services as are agreed between the parties.

3. OUR OBLIGATIONS

3.1. Line9 warrants that the Service and the Additional Service (where applicable) will be provided with reasonable care and skill and in a professional and timely manner. Notwithstanding the foregoing, the Customer acknowledges and agrees that:

3.1.1. the success or failure of domain registration depends on many factors outside Line9's control, that Line9 does not guarantee the success of any Request, and that Line9' only obligation in relation to each Request shall be to use its reasonable endeavours to obtain registration of the domain names requested; and

3.1.2. Line9 shall be entitled to refuse to process Requests submitted by the Customer and also to refuse to continue processing with any Requests previously accepted by Line9, where such processing may (in Line9' opinion) expose Line9 to the risk of legal or other proceedings; and

3.1.3. Line9 does not guarantee that any domain names registered will be free and clear of intellectual property rights and/or claims by third parties (including, without limitation, rights and/or claims in relation to registered and unregistered trade marks); and

3.1.4. any domain names registered by Line9 on the customers' behalf may subsequently be challenged and/or cancelled by persons other than Line9.

3.2. Line9 shall endeavour to meet any dates agreed for the obtaining of the names and domains requested by the Customer, but such date shall be an estimate only and Line9 accepts no liability for failure to meet such date or dates.

3.3. Except as set out expressly in these Terms, Line9 makes no warranties or representations either express or implied in relation to the whole or a part of the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose and that all such conditions, warranties, terms and undertakings, express or implied, statutory or otherwise in respect of the provision or non-provision of the Service and any other services supplied hereunder are hereby expressly excluded.

3.4 Line9 reserves the right in the event that the Customer is not satisfied with any aspect of the Service or Additional Services to refund the Fees and the Local Administration Costs to the Customer and this shall be to the full and complete satisfaction of the Customer who shall have no further claim.

4. YOUR OBLIGATIONS

4.1. The Customer shall not:

4.1.1. submit to Line9 any Requests in relation to a domain name or names which it knows, or should (after reasonable inquiry) have known, infringes or might reasonably be considered to infringe the trade marks (whether registered or unregistered) or other rights of any third party;

4.1.2. in using the Additional Services, use any domain name or other descriptor which is, or might reasonably considered to be, in breach of any trade marks (whether registered or unregistered) or other rights of any third party;

4.1.3. use the Additional Services to store, reproduce, transmit, communicate or knowingly receive any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy, trade marks (whether registered or unregistered) or any other rights of any third party.

4.2. The Customer undertakes not to sell to any other person (whether in money or money's worth, the giving or withholding of any business or benefit of any kind or description), either directly or indirectly, the Service or the Additional Services.

5. FEES

5.1. The Customer shall pay in pounds sterling to a UK bank account specified by Line9 the Fees, together with the Local Administrative Costs incurred by Line9 in processing a Request or Requests.

5.2. The Fees and Local Administrative Costs shall be paid by the Customer as set out on the Order Form without set off or counterclaim.

5.3. The Customer acknowledges that the Local Administration Costs may differ from the amount or amounts (if any) previously indicated by Line9 as a result of changes in pricing by the relevant domain authority and/or of changes in the exchange rates, and agrees that:

5.3.1. Line9 shall, in relation to each Request, charge the Customer the Local Administration Costs as published by Line9 from time to time or a sum in pounds sterling equal to the actual Local Administrative Costs charged to Line9, whichever is the higher.

5.4. The Customer recognises that the Local Administrative Costs represent only the initial costs for the registration of a domain name, and that continued use of a domain name by the Customer is likely to expose the customer to additional charges payable to the local domain name registry.

5.5. The Customer acknowledges that occasionally unforeseen charges are incurred in processing Requests. Line9 shall obtain the Customer's written consent before incurring such charges.

5.6. Interest will be charged on sums overdue both before and after judgement at the Interest Rate calculated on a daily basis from the date payment was due until the date payment is received, such interest to be compounded monthly.

5.7. Subject to Clause 6 the Customer shall pay the Fees, Local Administration Costs and any other charges referred to in Clause 5.5 above notwithstanding that the Request is unsuccessful or discontinued unless the lack of domain name registration is wholly attributable to Line9' negligence or wilful default.

6. CANCELLATION CHARGES

6.1. The Customer shall be entitled to cancel a Request subject to the following terms:

6.1.1. if Line9 has not started processing the Request and the cancellation request is received within 4 hours of Line9' receipt of the Request, the Request will be cancelled without charge to the Customer;

6.2.2. IF LINE9 HAS NOT STARTED PROCESSING THE REQUEST AND THE CANCELLATION REQUEST IS RECEIVED MORE THAN 4 HOURS AFTER OF LINE9's RECEIPT OF THE REQUEST, THE REQUEST WILL BE CANCELLED SUBJECT TO THE CUSTOMER PAYING A CANCELLATION CHARGE OF £25 PLUS VAT;

6.2.3. IF LINE9 HAS STARTED PROCESSING THE REQUEST THEN (IRRESPECTIVE OF WHETHER OR NOT THE CANCELLATION REQUEST IS RECEIVED WITHIN 4 HOURS), THE REQUEST WILL BE CANCELLED SUBJECT TO THE CUSTOMER PAYING Line9' FULL FEES AND THE LOCAL ADMINISTRATION COSTS WHERE THESE HAVE BEEN INCURRED.

7. CUSTOMER'S INDEMNITY

7.1. The Customer shall indemnify and keep Line9 fully and effectually indemnified from and against all liability, claims, losses, costs, expenses, loss of profits, business interruption, and other pecuniary or consequential loss (including reasonable legal costs and expenses) suffered or incurred by Line9 as a result of any breach of this Agreement by the Customer, the Customer's employees (if any), any person authorised by or under the control of the Customer.

8. EXCLUSIONS AND LIMITATIONS

8.1. THE CUSTOMER AGREES THAT LINE9 SHALL NOT BE LIABLE EITHER IN CONTRACT, TORT, NEGLIGENCE, STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OF PROFITS, REVENUE OR GOODWILL OR ANY TYPE OF INDIRECT OR SPECIAL LOSS OR DAMAGE WHATEVER ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT.

8.2. THE CUSTOMER AGREES THAT LINE9 SHALL NOT BE LIABLE EITHER IN CONTRACT, TORT, NEGLIGENCE, STATUTORY DUTY OR OTHERWISE, FOR ANY DIRECT LOSS OR DAMAGE (INCLUDING LOSS OR DAMAGE WHICH IS REASONABLY FORESEEABLE OR OCCURS NATURALLY IN THE COURSE OF THINGS) INCLUDING, WITHOUT LIMITATION, DAMAGE FOR LOSS OF BUSINESS, LOSS OF SALES, LOSS OF PROFITS, LOSS OF REPUTATION, OR ANY OTHER FINANCIAL LOSS OR DAMAGE, RESULTING FROM OR IN RELATION TO:

8.2.1. ANY ACTS, OMISSIONS, FAILURES OR DELAYS OCCURRING ON OR WITHOUT ANY NEGLIGENCE ON LINE9's PART, OR OCCURRING ON OR IN RELATION TO THOSE ASPECTS OF THE SERVICE NOT UNDER LINE9's DIRECT CONTROL;

8.2.2. THE CONSEQUENCES OF ANY UNSUCCESSFUL OR FAILED REGISTRATION;

8.2.3. ANY CLAIMS BY SUCH THIRD PARTIES THAT THE DOMAIN NAMES REGISTERED (OR ATTEMPTED TO BE REGISTERED) BY LINE9 ON THE CUSTOMER'S BEHALF INFRINGE THE TRADE MARKS (WHETHER REGISTERED OR UNREGISTERED) OR OTHER RIGHTS OF SUCH THIRD PARTIES.

8.3. THE CUSTOMER ALSO AGREES THAT (EXCEPT IN RELATION TO SUCH LIABILITY AS HAS BEEN EXPRESSLY EXCLUDED IN CLAUSES 8.1 AND 8.2 ABOVE) THE MAXIMUM AGGREGATE LIABILITY OF LINE9 IN CONTRACT, TORT, NEGLIGENCE, STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OR DAMAGE WHATEVER ARISING FROM OR IN ANYWAY CONNECTED WITH:

8.3.1. ANY NEGLIGENT OR RECKLESS FAILURE TO PROVIDE THE SERVICE WITHIN A REASONABLE TIME AND ANY NEGLIGENT OR RECKLESS FAILURE BY LINE9 TO PROCESS A REQUEST CORRECTLY OR IN A TIMELY MANNER; OR

8.3.2. ANY FAILURE TO PROVIDE THE SERVICE WITH REASONABLE CARE AND SKILL; OR

8.3.3. ANY LIABILITY NOT EXCLUDED BY THIS AGREEMENT;

SHALL BE LIMITED TO A SUM OR SUMS EQUAL TO THE FEES AND LOCAL ADMINISTRATION COSTS CHARGED BY Line9 FOR THE SERVICE OR ADDITIONAL SERVICE EITHER IN RESPECT OF WHICH THE LIABILITY HAS ARISEN OR ON WHICH LINE9 WAS ENGAGED IN PERFORMING WHEN THE LIABILITY AROSE. THIS LIMIT SHALL ALSO APPLY IN THE EVENT THAT ANY EXCLUSION OR OTHER PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON AND Line9 BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE HAVE BEEN LIMITED.

8.4. NOTHING IN THIS AGREEMENT SHALL EXCLUDE:

8.4.1. LINE9's LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OF LINE9, ITS SERVANTS OR AGENTS; OR

8.4.2. ANY OTHER LIABILITY WHICH IT IS PROHIBITED FROM EXCLUDING BY LAW.

9. SUSPENSION AND TERMINATION BY US

9.1. Without prejudice to any of its other rights, Line9 shall have the right to immediately terminate this Agreement and/or suspend or restrict the Service and/or the Additional Services to the Customer, if:

9.1.1. the Customer does not pay to Line9 by its due date any sum due;

9.1.2. the Customer breaches Clause 4 of these Terms;

9.1.3. the supply of the Service and/or Additional Services to the Customer may (in the reasonable opinion of Line9) expose Line9 to the risk of litigation or other civil proceedings;

9.1.4. the Customer commits any other material or repeated breach of this Agreement and, if it is capable of being remedied, fails to remedy such breach within 15 days from the date of the first notice specifying the nature of the breach and requesting its remedy;

9.1.5. the Customer becomes insolvent, ceases to trade (or in the reasonable opinion of Line9 is likely to cease to trade) or has a liquidator, receiver, administrator or administrative receiver appointed or enters into any arrangement with its creditors or is wound up otherwise than for the purpose of a solvent amalgamation or reconstruction where the resulting entity assumes all of its obligations, or is unable to pay its debts as they fall due within the meaning of section 123 of the Insolvency Act 1986, or is made bankrupt, or undergoes a similar or analogous event in any jurisdiction; and Line9 shall not be liable for any losses incurred by the Customer as a result of such suspension, termination, or restriction.

10. TERMINATION BY YOU

Without prejudice to any of its other rights, the Customer shall have the right to immediately terminate this Agreement, if:

10.1. Line9 commits any material or repeated breach of this Agreement and, if it is capable of being remedied, fails to remedy such breach within 15 days from the date of the first notice specifying the nature of the breach and requesting its remedy;
10.2. Line9 becomes insolvent, ceases to trade (or in the reasonable opinion of the Customer is likely to cease to trade) or has a liquidator, receiver, administrator or administrative receiver appointed or enters into any arrangement with its creditors or is wound up otherwise than for the purpose of a solvent amalgamation or reconstruction where the resulting entity assumes all of its obligations, or is unable to pay its debts as they fall due within the meaning of section 123 of the Insolvency Act 1986, or is made bankrupt or undergoes a similar or analogous event in any jurisdiction; and the Customer shall not be liable for any losses incurred by Line9 as a result of such termination.

11. FORCE MAJEURE

11.1. Neither party shall be liable for any breach of its obligations hereunder (other than any obligation to pay money) where the breach results from causes beyond its control and the party concerned has acted reasonably and prudently to prevent and to minimise the effect of such causes.

11.2. Where an event of force majeure last for a period in excess of two months either party shall be entitled to terminate this Agreement.

12. TRANSFER

12.1.Line9 will transfer any domain name registered by Line9 to another party upon the following conditions. A charge of up to £45.00 (Forty Five Pounds) may be levied at our discretion dependent upon your contract/account status. Under the condition: a fax is received (0844 3101999) on company letter headed paper authorising Line9 to transfer the domain name to another party, The fax must contain the Date, Domain Name, and domain holder's signature. Under no circumstance's will domain names be transferred to another party without all payments of customer account settled in full.

13. MISCELLANEOUS

13.1. PERSONAL. This Agreement is personal to the Customer and the Customer's rights may not be assigned, sub-licensed or transferred in any way

13.2. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties concerning the provision of the Service, and replaces, supersedes, and cancels all previous arrangements, understandings, representations or agreements relating thereto. For the avoidance of doubt each party irrevocably waives any right it may have to seek a remedy for any misrepresentation which has not become a term of this Agreement, as well as any breach of warranty or undertaking other than those contained in this Agreement (whether express or implied, statutory or otherwise), unless such misrepresentation, warranty or undertaking was made fraudulently. This Agreement shall apply and prevail over any terms and conditions (whether conflicting or not) contained or referred to in any documentation submitted or provided by the Customer.

13.3. SEVERABILITY. Each provision of this Agreement excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Agreement howsoever occasioned.

13.4. NO WAIVER. No waiver by Line9 shall be construed as a waiver of any preceding or succeeding breach of any provision.

13.5. NOTICES. Any notices required to be given under this Agreement shall be in writing and shall be sent by first class registered post, recorded airmail, fax or by hand, to the address specified in this Agreement.

13.6. GOVERNING LAW. This Agreement shall be governed by the laws of England and Wales and this Agreement shall be subjected to the non-exclusive jurisdiction of the English courts.

14. ACCEPTABLE USE

14.2. Interpretation.
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive.

Generally, conduct that violates law, regulation or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Line9 reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

14.3. Security.
Any "denial of service" attack, any attempt to breach authentication or security measures, or any unauthorized attempt to gain access to any other account, host or network is prohibited, and will result in immediate services termination, which may be without notice.

14.4. E-mail Redirection.
Using any Line9 server to send duplicative, unsolicited e-mail messages (commercial or otherwise), or to collect the responses from unsolicited e-mail, or to promote any website whose Domain Name Service is provided by Line9 is prohibited.

Similarly, using any Line9 server to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited.

Sending duplicative, unsolicited e-mail messages (commercial or otherwise) to promote any website whose Domain Name Service is provided by Line9 is prohibited.

Line9 reserves the right to make the determination whether a given message violates the newsgroup or mailing list charter. In most cases Line9 will defer to the judgment of the newsgroup or mailing list moderator or administrator.

Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients are permitted.

Conduct in connection with e-mail or Usenet news that is an obvious nuisance (such as "mail bombing") or that would be unlawful in other contexts (for example but not limited to, threats, harassment, defamation, obscenity, or software piracy) is prohibited.

14.5. Forgery of Identity.
Falsifying addressing information or otherwise modifying headers to conceal the sender's or recipient's identity, for the purpose of circumventing this Policy, is prohibited. This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.

14.6. Copyright, Privacy, and Intellectual Property.
Using a Line9 hosted Domain Name to commit, aid or abet any violation of copyright or intellectual property law is prohibited.

This prohibition includes publishing a private e-mail message or third parties, by any means, without the express prior consent of the author.

The e-mail addresses of Line9 customers are not for sale or commercial distribution to third parties without the express prior consent of the subscriber.

14.7. Cooperation with Other Providers.
Using Line9' facilities to engage in activities that violate the Terms of Services of any other Internet Services Provider is prohibited. For example, sending unsolicited commercial e-mail through Line9' facilities to the subscribers of any Internet or online service provider that disallows unsolicited commercial e-mail is prohibited.

14.8. Consequences of Violation.
Violation of this Policy by a Line9 customer may result in temporary suspension or permanent termination of one or more service at Line9' sole discretion.

Line9 does not issue services credits for any outages incurred though service disablement resulting from Policy violations.

14.9. Modification.
Line9 reserves the right to add, delete or modify any provision of this Policy at any time without notice.

15. CONFIDENTIALITY

15.1. Each party will at all times keep confidential and will not disclose without the prior written consent of the other any business or other confidential information of the other party or use any such information other than for the purposes contemplated by this Agreement (except that each party may disclose such information to those of its employees, agents and sub-contractors who need to know the same for such purpose and under conditions of confidentiality non-disclosure and non-use equivalent to those imposed on the parties by this Clause). These obligations of confidentiality, non-disclosure and non-use do not apply to any information which is publicly available through no fault of the party disclosing or using the information, or which was known to that party before receipt from the other party, or received from another source without obligation as to confidentiality, or which is required to be disclosed by law or by a regulating authority

UPDATED 25th November 2015