By
using this web site you are expressing your agreement with these
terms.
Definitions
1.
"Zylem" means Zylem Limited whose registered office is located
at 4100 Park Approach, Thorpe Park, Leeds LS15 8GB.
2. "Zylem Web Site" means the Zylem Web Site located at http://www.zylem.com.
3. "Customer" means the person applying for the Services supplied
by Zylem.
4. "Services" means those services posted on the Zylem Web Site
as selected by the Customer and which the Customer wishes Zylem
to provide.
5. "Server" means the computer server equipment operated by us
in connection with the provision of the Services.
6. "Web Site" means the area on the Server allocated by Zylem
to the Customer for use by the Customer as a site on the Internet.
7. "Domain Name" means the domain name the applicant wishes to
register, display and exploit on the Internet.
8. "Registry" means the relevant domain name registry with whom
Zylem arranges to register the Domain Name.
9. "Order" means the order received from Zylem Web Site which
the Customer has created using the shopping software, or instruction
received in the post from the Customer for Services.
Supply
of Services
10.
Zylem will provide the Services to the Customer subject to the
Terms and Conditions contained in this document.
11. Zylem will exercise reasonable skill and care in providing
the Services but will have no obligation, duty or liability to
the Customer in contract, tort, for breach of statutory duty or
otherwise. In the event of material breach of this clause, the
Customer's only remedy against Zylem will be to terminate this
agreement and a right to recover actual damages suffered which
will not exceed the total amount of fees paid by the Customer
to Zylem for provision of Services.
12.
Zylem will commence performance of the Services on receipt of
the Payment from the Customer and the Customer agrees and acknowledges
that he will not be able to exercise any right he may have to
cancel this Order under the Consumer Protection (Contracts concluded
by means of distance communication) Regulations 2000 (as amended
or modified).
13. Zylem reserves the right to revise the fees or services without
notice.
Domain
Name Registration
14.
Zylem make no representation that the Domain Name the Customer
wishes to register is capable of being registered by or for the
Customer. The Customer should therefore not assume registration
of the Customer's requested Domain Name(s) until the Customer
has been notified that it has or they have been registered.
15. The initial Registration period is as selected by the Customer;
1-10 years for .com, .net and .org Domain Names, 2-10 years for
.info and .biz Domain Names, 1 year for .eu and 2 years for all
others. Thereafter the Registration may be renewed indefinitely
for further periods (of one or more years for .com, .net, .org
and .eu Domain Names and 2 years for all others), on payment of
the renewal fees applicable at the time of renewal. All renewals
will be subject to Zylem's Terms and Conditions current at the
time.
16. In the event that the Domain Name is not successfully registered
with the Registry or if Zylem refuses to accept the Customer's
Order for any reason, Zylem will refund the fees to the Customer.
In certain cases, Zylem reserves the right to withhold an administration
fee. Zylem will not be liable to the Customer for any loss or
damage resulting from the inability to register the Domain Name
or any refusal by Zylem to accept the Customer's Order. If, after
registration, the Customer is forced to relinquish the Domain
Name or cancels the Order for any reason Zylem will not be liable
to refund the fees to the Customer.
17. The registration and use of the Domain Name is subject to
the terms and conditions of use applied by the relevant naming
authority. These are available for inspection as follows: Nominet:
http://www.nominet.org.uk/ref/terms.html,
Internet Names WorldWide: http://www.inww.com/policies/,
CentralNIC:http://www.centralnic.com/page.php?cid=59,
European Registry of Internet Domains: http://www.eurid.eu/.
18. Zylem will supply DNS service to host the Domain Name either
on Servers owned and operated by Zylem or on other third party
owned and operated Servers.
19. Zylem accepts no responsibility for the use of any Domain
Name on the register of Domain Names and in particular for any
conflict with trademarks, registered or unregistered, or with
rights to names in other contexts.
20. Zylem will use its reasonable endeavours to ensure that the
appropriate details of the Customer's registration are correctly
entered and maintained with the Registry. Under no circumstances
will Zylem be liable for any loss of profit and/or business suffered
by the Customer.
21. Zylem will not register Domain Names considered by Zylem and
at Zylem's sole discretion to be of an explicit sexual or indecent
or racist nature.
22. Zylem agrees to transfer and/or release Domain Names or carry
out nameserver changes free of charge. However, a Domain Name
will not be released until payment for the Domain Name has been
received in full. Transfer requests will be carried out as quickly
as possible, but Zylem shall not be responsible for any delay
in effecting such a transfer. Zylem will not transfer and/or release
a domain name without receiving confirmation in writing from the
registrant.
23. The Customer understands and acknowledges that by submitting
a request to transfer a Domain Name, the Customer releases Zylem
from all obligations, claims, liabilities and/or demands arising
out of or in relation to these Terms and Conditions.
24. The Customer warrants to Zylem that neither the Registration
of the Domain Name nor the manner in which the Domain Name is
directly or indirectly used infringes the legal rights of a third
party.
25. The Customer warrants to Zylem that the details submitted
by the Customer to Zylem are true and correct, and that future
additions or alterations to those details will be true and correct.
Web
Site Hosting
26.
Zylem make no representation and give no warranty as to the accuracy
and quality of information received by any person via the Server
and Zylem shall have no liability for any loss or damage to any
data stored on the Server.
27. The Customer shall effect and maintain adequate insurance
cover in respect of any loss or damage to data stored on the Server.
28. The Customer represents, undertakes and warrants to Zylem
that the Customer will use the Web Site allocated only for lawful
purposes. In particular:
28.1. the Customer will not use the Server in any manner which
infringes any law or regulation or which infringes the rights
of any third party, nor will the Customer authorise or permit
any other person to do so.
28.2. The Customer will not post, link to or transmit:
(i) any material which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way.
(ii) any material containing a virus or other hostile computer
program
(iii) any material which constitutes or encourages the commission
of a criminal offence, or which infringes any patent, trade mark,
design right, copyright or any other intellectual property right
or similar rights of any person which may subsist under the laws
of jurisdiction.
29. The Customer shall keep secure any identification, password
and other confidential information relating to his account and
shall notify Zylem immediately of any known or suspected unauthorised
use of his account or breach of security, including loss, theft
or unauthorised disclosure of his password or other security information.
30. The Customer shall observe the procedures which Zylem may
from time to time prescribe and shall make no use of the Server
which is detrimental to other Customers.
31. The Customer shall procure all mail is sent in accordance
with applicable legislation (including data protection legislation)
and a secure manner.
32. In the case of an individual user, the Customer warrants that
he is at least 18 years of age and if the Customer is a company,
he warrants that the Services will not be used by anyone under
the age of 18 years.
33. Whilst Zylem will use every reasonable endeavour to ensure
the integrity and security of the Server, Zylem do not guarantee
that the Server will be free from unauthorised users or hackers
and Zylem shall be under no liability whatsoever for non-receipt
or misrouting of email or for any other failure of email.
34. Cancellation of Web Hosting must be notified in writing by
the Customer to Zylem, giving 14 days notice. Refund of fees is
at the discretion of Zylem and will be taken from the beginning
of the month following cancellation, ie whole months only will
be refunded.
General
35.
Pornography and sex-related merchandising are prohibited on any
Zylem Server.
36. Spamming, or the sending of unsolicited email, from a Zylem
Server or using an email address that is maintained on a Zylem
machine is strictly prohibited.
Service
Availability
37. Zylem shall use our reasonable endeavours to make available
to the Customer at all times the Server and the Services but Zylem
shall not, in any event, be liable for interruptions of Service
or down-time of the Server.
38. Zylem have the right to suspend Services at any time and for
any reason without notice, but if such suspension lasts or is
to last for more than 30 days the Customer will be notified of
the reason.
Data
Protection
39.
Any information which is personal data will be used solely for
the purposes of assessing the Customer's request for Domain Name
registration and provision of Services.
40. Zylem does not hold the Customer's credit card details.
41. Personal data will not be supplied to any third party other
than the Domain Registry for the purpose of Domain Name Registration.
42. The Customer's personal data will form part of the Customer's
records and Zylem will be entitled to use it for purposes connected
with the provision of Services.
43. Personal data, excluding email address are not kept on Zylem's
Servers.
44. Zylem will not sell, rent or lease Customer details to any
other company.
45. Zylem may wish to use Customer details to send the Customer
information about its services and/or products. If the Customer
does not wish to receive any such information, he may send a notice
to Zylem indicating that he does not wish to receive such information.
Intellectual Property Rights
46.
The Customer shall obtain any and all necessary consents and clearances
to enable the Customer lawfully to make use of all and any intellectual
property rights through the Services, including without limitation,
clearance and/or consents in respect of the Customer's proposed
Domain Name.
Indemnity
47.
The Customer will be responsible for and will fully and effectively
indemnify and keep indemnified Zylem, its employees, agents and
contractors from and against any liability, loss or claim whatsoever
and costs and expenses (including without limitation, legal costs
and expenses) incurred in relation to or resulting of any breach
of the Customer's obligations by either the Applicant, its employees,
agents or contractors.
Termination
48.
Zylem shall be entitled to terminate the Services immediately
without notice if the Customer is in material breach of any obligation
under these Terms and Conditions.
49. If the Customer becomes insolvent or suffers the appointment
of an administrator or administrative receiver or enters into
a voluntary arrangement with his creditors, Zylem shall be entitled
to terminate the Services forthwith without notice to the Customer.
50. The Customer shall be entitled to terminate the Services immediately
upon giving notice to Zylem if Zylem is in material breach of
any obligation related to the Services purchased by the Customer
and, in the case of a breach capable of remedy, it has not been
remedied by Zylem within thirty days following receipt of a written
notice from the Customer specifying the breach and requiring its
remedy.
51. The Customer shall be entitled to terminate the Services immediately
if Zylem becomes insolvent or suffers the appointment of an administrator
or administrative receiver or enters into a voluntary arrangement
with their creditors.
52. On suspension or cancellation of the Services Zylem shall
be entitled immediately to block the Customer's Web Site and to
remove all data located on it. Zylem shall be entitled to delete
all such data, but Zylem may, at our discretion, hold such data
for such period as we may decide to allow the Customer to collect
it at his own expense, subject to payment in full of any amounts
outstanding and payable to us. Zylem shall further be entitled
to post such notice in respect of the non-availability of the
Customer's Web Site as appropriate.
Limitation of Liability
53.
All conditions, terms, representations and warranties relating
to the Services supplied by Zylem, 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 the next subclause.
54. Nothing in these Terms and Conditions shall exclude our liability
for death or personal injury resulting from our negligence.
55. In any event no claim shall be brought unless the Customer
has notified Zylem of the claim within one year of it arising.
56. In no event shall Zylem be liable to the Customer for any
loss of business, contacts, profits or anticipated savings or
for any other indirect or consequential or economic loss whatsoever.
