Our Acceptable Use Policy can be found here
Definitions
Domain Name Registration
Web Site Hosting And Email
Service Availablity
Payments
Refunds
Intellectual Property Rights
Indemnity
Termination
Limitation Of Liablity
Notices
Law
Headings
Entire Agreement
Explanation of definitions used in this agreement
"We" & "Us" includes Always
Amber or any party acting on our instructions.
"You" includes the person purchasing the services or any party acting
on your instructions.
"The Registrant" includes the person applying for a domain name or any
party acting on the Registrant's instructions.
"The Registry" the relevant domain extension naming authority.
"Services" means domain name registration, Website hosting, email, SSL certs and any
other service or facility provided by us to you.
"Server" means a computer
server equipment operated by us in connection with the provision of the Services.
"Website" means the location on the Server that contains one or more web pages.
We can't/don't guarantee that the domain name you wish to register can be registered by/for you, or, that it can be registered in your name. You should not assume that a name has been registered until we confirm the registration and any action you take before receiving confirmation is taken at your own risk. Important: A payment receipt does not confirm that the domain has been registered - it only confirms that a payment has been submitted.
The registration and use of your domain name is subject to the terms and
conditions of the relevant naming authority (The Registry). You must ensure
that you are aware of those terms and conditions and that you comply with
them. You have no right to bring any claim against us in respect of
any naming authority (Registry) refusing to register a domain name that doesn't meet it's requirements or policies.
We shall have no liability for the way you use any domain
name; any dispute between you and any other person must be resolved between
the parties concerned in the dispute. If we are notified of any such dispute, we shall
be entitled (at our discretion and without giving any reason) to suspend or cancel the domain name. We shall be entitled, but not obliged, to make representations
to the relevant naming authority in the event of any dispute.
We shall not release any domain to another provider unless full payment
for that domain and any outstanding services associated with it has been received.
Additional services included at no extra charge with your domain name registration (example, DNS hosting, web & email forwarding) are provided as a courtesy and we make no promises or guarantees about their availability. These free services are not covered by any Service Level Agreements (unless specifically specified) and are used at your own risk.
Domain name registration fee's are non refundable and are excluded from our '30 Day Money Back Promise'. For .ie registrations that expire because we have not received the required documentation, a credit for the amount paid can be requested within 30 days of the application expiring. There are no refunds for applications or registrations that are deleted after submission.
Website Hosting And Email
We make no representation and give no warranty as to the accuracy or
quality of information received by any person via our Server(s) and we shall
have no liability for any loss or damage to any data stored on the Server(s).
While we make every effort to keep backups of your Website & email. You and you alone are responsible for any data stored on the Server(s) and we advise you to maintain adequate backups of any data you wish to store.
You agree that your Website will only be used for lawful purposes. In particular, you agree that:
You will not use
the Server in any manner which infringes any law or regulation or which
infringes the rights of any third party, and you will not authorise/allow
any other person to do so.
You will not publish, link to or transmit:
(a) any material which
is unlawful, threatening, abusive, malicious, defamatory, obscene, racist or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages a criminal act or which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar rights of
any person.
You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately if you know or suspect your account information has been used without your consent. Technicial support is limited to the account holder.
You agree that in a shared hosting environment, you will not:
- Use more than 25% of the available system resources for longer then 120 seconds.
- Use the Server to host any type of illegal material.
- Run any type of web spider or indexer on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
- Use the Server to host any file-sharing or peer-to-peer activities (including torrents)
- Use the Server as a gaming Server
- Run cron entries with intervals of less than 5 minutes
You shall ensure that all email is sent in accordance with applicable
legislation (including data protection legislation) and a secure manner.
If you are an individual User, you agree that you are at least 18 years of age. If the User is a company, you agree that our Services will not be used by anyone under the age of 18 years.
Any access to other networks connected to Always Amber must comply with the rules appropriate for those other networks.
While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
4. Service Availability
4.1 We shall use our reasonable endeavors to make available to you at all
times the Server and the Services but we shall not, in any event, be liable
for interruptions of Service or down-time of the Server.
4.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason.
4.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
We do not offer credit facilities, so any orders for domain names paid for by bank transfer will not be processed until full payment has been received and cleared.
5.1 All payments must be in Euro's. If your payment request is returned by our bank
as unpaid for any reason, or if a hold is placed on any payment for whatever reason, you will be liable for an additional "chargeback fee" charge
of €25.
5.2 All charges payable by you for the Services shall be in accordance with
the scale of charges and rates published from time to time by us on our web
site and shall be due and payable in advance of our service provision.
5.3 Without prejudice to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date, we shall be entitled
forthwith to suspend the provision of Services to you.
5.4 Domain name registration fee's are non refundable and are excluded from our '30 Day Money Back Promise'. For .ie registrations that expire because we have not received the required documentation, a credit for the amount paid can be requested within 30 days of the application expiring. There are no refunds for applications or registrations that are deleted after submission.
6. Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you
lawfully to make use of all and any intellectual property rights through the
Services, including without limitation, clearance and/or consents in respect
of your proposed domain name.
7. Indemnity
You shall indemnify us and keep us indemnified and hold us harmless from and
against any breach by you of these terms of business and any claim brought
against us by a third party resulting from the provision of Services by us
to you and your use of the Services and the Server including, without limitation,
all claims, actions, proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses), howsoever suffered or incurred
by us in consequences of your breach or non-observance of this Agreement.
8. Termination
Without in any way limiting our rights under subclause 4.3
8.1 if you fail to pay any sums due to us as they fall due, we may suspend
the Services and/or terminate this Agreement forthwith without notice to you.
8.2 if you break any of these terms and conditions and you fail to correct
the breach within thirty (30) days following written notice from us specifying
the breach, we may terminate this Agreement forthwith upon written notice.
8.3 if you are a company and you go into insolvent liquidation or suffer the
appointment of an administrator or administrative receiver or enter into a
voluntary arrangement with your creditors, we shall be entitled to terminate
this Agreement forthwith without notice to you.
8.4 on termination of this Agreement or suspension of the Services we shall
be entitled immediately to block your Web Site and to remove all data located
on it. We shall be entitled to delete all such data but we may, at our discretion,
hold such data for such period as we may decide to allow you to collect it
at your expense, subject to payment in full of any amounts withstanding and
payable to us. We shall further be entitled to post such notice in respect
of the non-availability of your Web Site as we think fit.
9. Limitation Of Liability
9.1 All conditions, terms, representations and warranties relating to the
Services supplied under this Agreement, whether imposed by statute or operation
of law or otherwise, that are not expressly stated in these terms and conditions
including, without limitation, the implied warranty of satisfactory quality
and fitness for a particular purpose are hereby excluded, subject always to
subclause 9.2.
9.2 Nothing in these terms and conditions shall exclude our liability for
death or personal injury resulting from our negligence.
9.3 Our total aggregate liability to you for any claim in contract, tort,
negligence or otherwise arising out of or in connection with the provision
of the Services shall be limited to the charges paid by you in respect of
the Services which are the subject of any such claim.
9.4 In any event no claim shall be brought unless you have notified us of
the claim within one year of it arising.
9.5 In no event shall we be liable to you for any loss of business, contracts,
profits or anticipated savings or for any other indirect or consequential
or economic loss whatsoever.
10. Notices
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.
11. Law
This Agreement shall be governed by and construed in accordance with Irish
law and you hereby submit to the non-exclusive jurisdiction of the Irish courts.
12. Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
13. Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
