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Web Hosting & Name RegistrationTerms and Conditions

These are the terms and conditions for an Internet domain name registration and hosting service between VG-Net and the whereby the Customer agrees to pay for, and VG-Net agrees to provide, the Service on the terms and conditions set out below (the "Terms").

1. THE SERVICE
1.1. Subject to payment of the Fees, the Administration Costs, and the terms of this Agreement. VG-Net shall provide the following:

1.1.1. On the Customer's behalf, the processing of Requests for internet domain names with relevant domain authorities; and

1.1.2. Such Additional Services as are agreed between the parties.

2. OBLIGATIONS
2.1. VG-Net warrants that the Service be provided with reasonable care and skill and in a professional and timely manner. Notwithstanding the foregoing, the Customer acknowledges and agrees that:

2.1.1. The success or failure of domain registration or transfer depends on many factors outside VG-Net’s control, that VG-Net does not guarantee that success of any Request, and that VG-Net’s only obligation in relation to each Request shall be to use its reasonable endeavours to obtain registration of the domain names requested. Administrative costs may be payable notwithstanding the fact that your application/Request maybe unsuccessful.

2.1.2. VG-Net 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 VG-Net, where such processing may (in VG-Nets' opinion) expose VG-Net to the risk of legal or other proceedings,

2.1.3. VG-Net 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 trademarks)

2.1.4. Any domain names registered by VG-Net on the customers' behalf may subsequently be challenged and/or cancelled by persons other than VG-Net.

2.1.5. That VG-Net will be registered as the Administrative Contact for any domain name registered, or held on behalf of, the Customer.

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

2.3. No transfer of domain name(s), to or away from VG-Net, is permitted where the expiry date of the domain name is due in less than thirty (30) days.
2.4. No transfer of domain name(s), to or away from VG-Net, is permitted sixty (60) days from date of registration or date of .renewal

2.4. Except as set out expressly in these Terms, VG-Net makes no warranties or representations either express or implied in relation to whole or 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. CUSTOMER'S OBLIGATIONS
3.1. The Customer shall not:

3.1.1. Submit to VG-Net 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,

3.1.2. 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,

3.1.3. 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.

3.2. The Customer undertakes not to sell or allow use by 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.

3.3 The Customer hereby acknowledges that the Customer agrees to, and will fully comply with, the Terms and Conditions of the Registrar Company with regard to the processing of any Requests.

4. CUSTOMER'S INDEMNITY
4.1. The Customer shall indemnify and keep VG-Net 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 VG-Net 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.

5. EXCLUSIONS AND LIMITATIONS
5.1. The Customer agrees that VG-Net 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.

5.2. The Customer agrees that VG-Net shall not be liable 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). These include, 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:

5.2.1. Any acts, omissions, failures or delays occurring on or without any negligence on VG-Net’s part, or occurring on or in relation to those aspects of the Service not under VG-Net’s direct control,

5.2.2. The consequences of any unsuccessful or failed registration,

5.2.3. Any claims by such third parties that the domain names registered (or attempted to be registered) by VG-Net on the Customer's behalf infringe the trademarks (whether registered or unregistered) or other rights of such third parties.

6. SUSPENSION AND TERMINATION
6.1. Without prejudice to any of its other rights, VG-Net 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:

6.1.1. The Customer does not pay to VG-Net by its due date any sum due;

6.1.2. The Customer breaches Clause 4 of these Terms;

6.1.3. The supply of the Service and/or Additional Services to the Customer may expose VG-Net to the risk of litigation or other civil proceedings;

6.1.4. 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;

6.1.5. the Customer becomes insolvent, ceases to trade (or in the reasonable opinion of VG-Net 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 made bankrupt, or undergoes a similar or analogous event in any jurisdiction; and VG-Net shall not be liable for any losses incurred by the Customer as a result of such suspension, termination, or restriction.

7. ACCEPTABLE USE
7.1. Interpretation.
The provisions of this Policy are guidelines only 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. VG-Net reserve the right at all times to prohibit activities that damage their commercial reputation and goodwill.

7.2 Bandwidth Usage
If your bandwidth usage reaches the point where it has an adverse effect on other customers we reserve the right to disable your site, without prior notice, until you can reduce it. However, in most instances, warnings will be issued and alternative solutions sought.

7.3. 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 without notice.

7.4. E-mail Redirection.

7.4.1. Using any VG-Net 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 VG-Net is prohibited.

7.4.2.Using any VG-Net server to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited.

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

7.4.4.VG-Net reserves the right to make the determination whether a given message violates the newsgroup or mailing list charter. In most cases VG-Net 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.

7.4.5.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.

7.5. Forgery of Identity.
Falsifying addressing information or otherwise modifying headers to conceal the senders 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 re-mailers for any legitimate purpose.

7.6. Copyright, Privacy, and Intellectual Property.
Using a VG-Net 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.

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

7.8. Cooperation with Other Providers.
Using VG-Net’s 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 VG-Net’s facilities to the subscribers of any Internet or online service provider that disallows unsolicited commercial e-mail is prohibited.

7.9. Consequences of Violation.
Violation of this Policy by a VG-Net customer may result in suspension or permanent termination of one or more service at VG-Net’s sole discretion. VG-Net does not issue services credits for any outages incurred though service disablement resulting from Policy violations.

8.RENEWAL OF DOMAIN NAMES
All domain names are renewewed automatically for a period of 2 years at which time the renewal fee becomes payable. Cancellations must be received at least 30 days prior to expiry date to avoid these charges.

9.ENQUIRIES, COMMUNICATIONS & COMPLAINTS
We endeavour to respond to enquries within one working day if submitted by phone, email, or by using the contact form

10. MODIFICATION.
VG-Net reserves the right to add, delete or modify any provision of this Policy at any time without notice

©2006 VG NET. All rights reserved.
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