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Terms & Conditions
Terms, Conditions & Privacy Statement
Your statutory rights are
Where the context admits: "We" includes Domainsrush of: 9 Bazes Shaw, New Ash
Green, Longfield, Kent. DA3 8QX UK or any party acting on
Domainsrush's implicit instructions. "You" includes the
person purchasing the services or any party acting on the
customer's 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 names Registry. "Server" means the computer
server equipment operated by us in connection with the provision
of the Services. "Web Site" means the area on the
Server allocated by us to you for use by you as a site on the
Internet. In consideration of the mutual covenants herein, the
parties agree to the following, which shall apply during the term
of this agreement:
1. Domain Name Registration
1.1 We make no representation that the domain name you wish to register is capable
of being registered by or for you or that it will be registered in your name.
You should therefore not assume registration of your requested domain name(s)
until you have been notified that it has or they have been registered. Any action
taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and
conditions of use applied by the relevant Registry; you shall ensure that you
are aware of those terms and conditions and that you comply with them.
1.3 You shall have no right to bring any claim against us in respect of refusal
to register a domain name.
1.4 Any administration charge paid by you to us shall be nonrefundable notwithstanding
refusal by the Registry to register your desired name.
1.5 We shall have no liability in respect of the use by you of any domain name;
any dispute between you and any other person must be resolved between the parties
concerned in such dispute. If any such dispute arises, we shall be entitled,
at our discretion and without giving any reason, to withhold, suspend or cancel
the domain name. We shall also be entitled to make representations to the relevant
Registry but will not be obliged to take part in any such dispute.
1.6 We shall not release any domain to another provider unless full payment
for that domain has been received by us.
2. Web Site Hosting And Email
2.1. We make no representation and give no warranty as to the accuracy
or quality of information received by any person via the Server and we
shall have no liability for any loss or damage to any data stored on the
2.2. You shall effect and maintain adequate insurance cover in respect
of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Web
Site allocated to you only for lawful purposes. In particular, you represent,
warrant and undertake to us that.
2.3.1 you 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
you authorise or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane or otherwise objectionable
in any way.
(b) any material containing a virus or other hostile computer program.
(c) 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 any jurisdiction.
2.3.3 you will not send bulk email whether opt-in or otherwise from our
network. Nor will you promote a site hosted on our network using bulk
2.3.4 you will not employ programs which consume excessive system resources,
including but not limited to processor cycles and memory.
2.4 We reserve the right to remove any material which we deem inappropriate
from your web site without notice. We do not host Warez, Adult, Anime
and MP3 content.
2.5 You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately of
any known or suspected unauthorised use of your account or breach of security,
including loss, theft or unauthorised disclosure of your password or other
2.5.1 Any file you store on the Server will be reachable via a hyperlink
from a page on your site.
2.5.2 Files stored on the Server should be kept within your space allowance,
excessive usage may result in termination of your account or mailboxes.
2.6 You shall observe the procedures which we may from time to time prescribe
and shall make no use of the Server which is detrimental to our other
2.7 You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure manner.
2.8 In the case of an individual User, you warrant that you are at least
18 years of age and if the User is a company, you warrant that the Services
will not be used by anyone under the age of 18 years.
2.9 Any access to other networks connected to Domainsrush must comply
with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavor 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 7 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.
4.4 We shall have the right to delete accounts, files and folders on the server,
if the account is in arrears for two months or more.
5.1 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
on completion of our service provision. We reserve the right to
change pricing at any time although all pricing is guaranteed for
the period of pre payment.
5.2 Payment is due each year following the date the Services were
established until closure notice is given.
5.3 Payment must be in UK Pounds Sterling.
5.4 If your cheque or payment is returned as unpaid for any reason, you
will be liable for a "returned cheque" or "charge back"
fee of £25.
5.5 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.
6.1 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.
6.2 If you break any of these terms and conditions we may suspend
the Services and/or terminate this Agreement forthwith without
notice to you.
6.3 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 suspend the Services and/or
terminate this Agreement forthwith without notice to you.
6.4 No refunds will be made for Services suspended in accordance
with 6.1, 6.2 and 6.3.
6.5 We reserve the right to suspend the Services and/or terminate
this Agreement at any time. In the event of this You will be
entitled pro rata refund based upon the remaining period of
6.6 You may cancel the Services at any time.
6.7 During the first 30 days of Services, You are entitled to a
complete refund of all fees paid with the exclusion of domain
name registration, dedicated server and data transfer fees should
You decide to cancel the Services. You will not be entitled to a
refund on this basis if you have previously had an account with
6.8 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.
7.1 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. Limitation Of Liability
8.1 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 8.2.
8.2 Nothing in these terms and conditions shall exclude our
liability for death or personal injury resulting from our
8.3 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.
8.4 In any event no claim shall be brought unless you have
notified us of the claim within one year of it arising.
8.5 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.
We are committed to
protecting your privacy. We will only use the information that we
collect about you lawfully (in accordance with the Data
Protection Act 1998) and according to the Which? Web Trader Code
We collect information about
you for 2 reasons: firstly, to process your order and second, to
provide you with the best possible service.
We will not e-mail you in the
future unless you have given us your consent.
We will give you the chance to
refuse any marketing email from us or from another trader in the
The type of information we
will collect about you includes:
- Your name
- Phone number
- Email address
We will never collect sensitive information
about you without your explicit consent.
The information we hold will
be accurate and up to date. You can check the information that we
hold about you by emailing us. If you find any inaccuracies we
will delete or correct it promptly.
The personal information which
we hold will be held securely in accordance with our internal
security policy and the law and the Which? Web Trader Code.
If we intend to transfer your
information outside the EEA (European Economic Area) we will
always obtain your consent first.
We may use technology to track
the patterns of behaviour of visitors to our site. This can
include using a "cookie" which would be stored on your
browser. You can usually modify your browser to prevent this
happening. The information collected in this way can be used to
identify you unless you modify your browser settings.
If you have any questions/comments
about privacy, you should email us.