Terms & Conditions

For all domain name registrations (.EU, .COM, .NET, .ORG, .INFO, .BIZ) you are entering into an agreement with ADVANTAGE INTERACTIVE LTD. ("ADVANTAGE INTERACTIVE LTD") a registrar accredited by ICANN (Internet Cooperation for Assigned Names and Numbers) to directly register global domain names. To view their terms and conditions http://www.advantage-interactive.com/reg_agreement.html.

These terms and conditions shall apply to the "Agreement" between LCN.com Ltd t/a Euro-Reg of 3 Maple Park, Essex Road, Hoddesdon, Hertfordshire EN11 0EX, United Kingdom ("Euro-Reg") and, the individual or company applying for the provision of services by Euro-Reg ("Customer").

It is hereby agreed that:

Definitions

In this Agreement, the following expressions shall have the following meanings:

"Commencement Date"	means the date upon which Euro-Reg confirms acceptance of the Customer's offer to pay for the Service in accordance with this Agreement;
"Confidential Information"	information which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary;
"Contract"	means a contract for the provision of the Service which arises from the acceptance by Euro-Reg of an Order and which shall be on and subject to this Agreement;
"Domain Name Services"	means the processing of Orders with the Relevant Naming Authority on the Customer. behalf and such additional services as may be agreed between the parties;
"Duration Period"	is the period commencing on the Commencement Date and expiring on the date the Agreement is terminated in accordance with Clause 6 of these Conditions;
"Euro-Reg Website"	any Website or micro site trading under the Euro-Reg name;
"Fees"	the fees (including any VAT) due for the provision of the Services as calculated in accordance with the Price List;
"Inappropriate Material"	material that under the laws of any jurisdiction where the material can be accessed is any of the following:- unlawful, threatening, abusive, harmful, malicious, obscene, pornographic, is deemed Unacceptable Adult Material, profane, libellous, defamatory, breaches the rights (including without limit IPRs) of any third party, constitutes or encourages a criminal offence or contains a virus, worm, trojan horse or other harmful code;
"Intellectual Property Rights" ("IPRs")	copyrights, patents, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world;
"Material"	text, graphics, images, sound, video or any combination thereof;
"Netiquette"	means generally accepted standards for use of the Internet such as but not limited to sending bulk unsolicited Email, mail bombing, misrepresenting the holding of third party authorisation and impersonating another person;
"Order"	means the Customers application for the Services through an Order Form or by adding items to their shopping basket and proceeding to the checkout phase. Completion by Customer indicates which Service it requires and its agreement to these terms and conditions governing such provision;
"Price List"	the price for each Service as available on the Euro-Reg Website;
"Relevant Legislation"	laws relating to data protection and any laws governing Inappropriate Material;
"Server"	the computer server equipment operated by Euro-Reg in connection with the provision of the Services;
"Service"	the services identified in an Order to be provided by Euro-Reg to the Customer including without limitation Broadband Services, Hosting Services, Servers, details of the requested Data Transfer, Hardware, Storage Space and Software pursuant to these terms and conditions and any others specified by Euro-Reg on such Order;
"Unacceptable Adult Material"	includes any nudity, erotic images, sexually oriented material, or sexual themes;
"Website"	a website on the World Wide Web;
"Working Day"	means a day other than a Saturday or Sunday on which the Clearing Banks in the United Kingdom are open to the public for the transaction of business;
"Working Hours"	means 9am . 5.30pm on each Working Day.

Payment and Services
2.1 In consideration for the payment of the Fees calculated correctly in accordance with the prices shown on Euro-Reg Website at the time of the completion of an Order by Customer or of placing of an Order by Customer by telephone,fax or post, Euro-Reg agrees to provide the Services.

2.1.1 Domain names are registered for the period specified at the time of ordering, and are renewable by Customer on or before the end of the initial paid-for period, at the then current renewal rates, as published on Euro-Reg Website from time to time, subject to Clauses 2.10, 10.3 and 10.16

2.2 The Customer agrees to make payment for the Services as follows:

by debit or credit card payment at the time of making the order or renewal; or
at Euro-Reg's discretion payment may be made by cheque in Pounds Sterling for domain name registration if specially agreed beforehand. No Service will commence or be processed until full payment has cleared.

2.3 If Customer fails to pay any invoice which is due and payable under this Agreement, Euro-Reg shall be entitled to charge interest on a daily basis on the overdue amount and on outstanding interest from the date of such failure until payment (until judgment) at an annual rate 4% above the base rate for the time being in force of Barclays Bank plc.

2.4 Non-delivery or non-performance of services by any third party other than Euro-Reg's sub-contractors shall not give Customer any right to delay any payment to Euro-Reg or to make any claim whatsoever against Euro-Reg.

2.5 The Customer acknowledges that the provision of the Services is conditional on Euro-Reg receiving payment of the Fees in full. In the event of non payment of Fees or suspected fraudulent activity in relation to payment of Fees by the Customer, Euro-Reg reserves the right forthwith to withhold, suspend or cancel the Services without further obligation to Customer. Domain names, once registered, are unable to be cancelled or changed.

2.6 The terms of the Contract contain the whole agreement between Euro-Reg and the Customer in relation to the Services detailed in the Order thereto. All other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law.

2.7 If the Customer requires any variations or additions to the Services set out in an agreed Order then the parties may agree a new Order superseding the existing Order.

2.8 Euro-Reg reserves the right at any time and from time to time to amend, improve or correct the Services (or any part thereof) provided that such modification does not materially affect them. Euro-Reg shall endeavour to give the Customer reasonable notice of such modifications but this may not always be possible and Euro-Reg shall not be liable to the Customer or to any third party for any such modification or any failure to give such notice.

2.9 All transactions are subject to UK VAT at the rate of 17.5%.

2.10 All prices may be increased subject to the base rate of inflation as calculated by the Bank of England. Customers will be given one months notice of any price changes.
Indemnity
3.1 Customer hereby agrees fully to indemnify, keep indemnified and hold harmless Euro-Reg, its officers, employees, agents, sub-contractors and affiliated companies from and against any and all costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by Euro-Reg or its any of its officers, employees, agents, sub-contractors or affiliated companies directly or indirectly and in any jurisdiction as a result of:

3.1.1 any breach of any of the warranties given by Customer in this Agreement;

3.1.2 otherwise howsoever arising out of the provision by Euro-Reg of any Service hereunder unless on account of breach of contract or negligence by Euro-Reg; and/or

3.1.3 any breach by Customer of any of its obligations in this Agreement.
Customer Authorisation and Obligations
4.1 Customer hereby appoints Euro-Reg to act on its behalf in conjunction with the provision of the Services.

4.2 Customer acknowledges and accepts that to enable Euro-Reg properly to provide the Services it must co-operate with Euro-Reg as required by Euro-Reg and, in particular:-

4.2.1 ensure that all its communication details which are provided to Euro-Reg are at all times true, current, accurate and complete and the Customer shall promptly notify Euro-Reg of any such alterations thereto from time to time and the Customer acknowledges that Euro-Reg shall not be liable for any costs, damages or loss which the Customer may suffer or incur as a result of failure to notify such changes to Euro-Reg.

4.2.2 obtain the consent of individuals whose personal data are to be held on a domain name register or are otherwise provided to Euro-Reg.

4.3 The Customer agrees that it shall:

4.3.1 immediately notify Euro-Reg if it becomes aware of any unauthorised use of all or any of the Services;

4.3.2 not use the Services or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any Inappropriate Material whether under English law or regulation, the laws or regulations of the Customer country or any other place where the results of such purpose or such material can be accessed;

4.3.3 not use the Services or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of Euro-Reg may harm Euro-Reg or any of its Customers or bring Euro-Reg into disrepute or may call into question any action taken by Euro-Reg on the Customer's behalf;

4.3.4 not use the Services or allow them to be used in breach of good Netiquette practices;

4.3.5 ensure that it has all necessary consents, permissions and licences to make use of the Services including without limit registration under the Data Protection Act 1984 and 1998;

4.3.6 not provide any technical or other information obtained from Euro-Reg and/or relating to the Services, this Agreement or the Contract to any person, company, firm or government which the Customer knows or ought reasonably be aware may directly or indirectly lead to a breach of any English law or regulation;

4.3.7 not, in breach of good Netiquette practices, use any service provided by any third party (including without limit an Internet web site and/or Email) for the publication, linking to, issue or display of any material which refers to an Internet web site hosted by Euro-Reg or any other services offered by Euro-Reg from time to time;

4.3.8 ensure that all material on any web site operated by the Customer from time to time or communicated through such site is checked for viruses and other harmful code;

4.3.9 ensure that all passwords are at all times kept confidential, used properly and not disclosed to unauthorised people and if the Customer has any reason to believe that any password has become known to someone not authorised to use it or if any password is being or is likely to be used in an unauthorised way or of any other breach of security then the Customer shall inform Euro-Reg immediately;

4.3.10 be entirely liable for all activities conducted and charges incurred under its passwords whether authorised by it or not and the Customer acknowledges that Euro-Reg shall not be liable for any loss of confidentiality or for any damages arising from the Customer to comply with these terms;

4.3.11 not use the Services in a manner which infringes a third party's copyright or other intellectual property rights of whatsoever nature;

4.3.12 not use the Services in any way that leads to a risk of or causes an excessive load on the server/network provided by Euro-Reg in connection with the Services

4.4 The Customer acknowledges that in order to make proper use of the Services it should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The Customer acknowledges that Euro-Reg shall have no obligation to: a) manipulate any material which the Customer wishes to and/or does post on any web site it operates or any communication which it issues or sends in connection with any of the Services; or b) validate or vet such material for usability, legality, content or correctness.
Euro-Reg Warranties and Liability
5.1 Euro-Reg makes no warranties or representations that any Service will be uninterrupted or error-free. Customer accepts all Services provided hereunder "as is" without warranty of any kind.

5.2 All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) - excluding those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) - are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.

5.3 Euro-Reg shall not be liable for any services or products to be supplied by any third party.

5.4 Euro-Reg shall not be liable for any loss or damage of whatsoever nature suffered by Customer arising out of or in connection with any breach of this Agreement by Customer or any act, misrepresentation, error or omission made by or on behalf of Customer.

5.5 Euro-Reg disclaims all liabilities in connection with the following:

5.5.1 loss of material uploaded;

5.5.2 incompatibility of the site with any of the Customer's equipment, software or telecommunications links;

5.5.3 technical problems including errors or interruptions of the site;

5.5.4 unsuitability, unreliability or inaccuracy of the site.

5.6 Euro-Reg is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Customer whether or not beyond those already supplied.

5.7 Subject to Clauses 5.8 and 5.9 below, no matter how many claims are made and whatever the basis of such claims, Euro-Reg's maximum aggregate liability to Customer under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 5.1-5.5 above, or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the Fees paid by Customer pursuant hereto.

5.8 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Euro-Reg, its employees or its sub-contractors.

5.9 This does not affect your statutory rights as a consumer, including those set out in Clause 8 below.
Termination
6.1 Euro-Reg may terminate this Agreement by notice in writing to Customer having immediate effect if:

6.1.1 Customer is in breach of any of its obligations under this Agreement;

6.1.2 Customer is a company and a resolution is passed for its winding up or a petition for its liquidation is presented; or

6.1.3 Customer is an individual and a petition for bankruptcy is presented against it; or

6.1.4 A receiver or liquidator (where Customer is a company) or (where Customer is an individual) a trustee in bankruptcy is appointed over it or any of its assets; or

6.1.5 Customer proposes or enters into any arrangement or composition with or for its creditors (including any voluntary arrangement).

6.2 In the event that any of the circumstances identified in Clause 6.1 arises, Euro-Reg shall have the option to terminate this Agreement as regards all Services provided or to be provided or only as regards that Service or those Services in respect of which the breach is considered by Euro-Reg to have been committed; and

6.3 In the event that any of the circumstances identified in Clause 6.1 arises, Euro-Reg shall be entitled to retain any sums paid to it by Customer hereunder and recover any sums due to it pursuant hereto whether invoiced or not at the date of termination.
7. Confidentiality
7.1 Each of the parties agrees (subject to Clauses 7.2 and 7.3) not to:

7.1.1 disclose any Confidential Information received from the other party; or

7.1.2 make any use of any such Confidential Information other than for the purposes of performance of this Agreement.

7.2 Each party may disclose Confidential Information received from the other to its responsible employees, consultants, sub-contractors or suppliers who need to receive the information in the course of performance of this Agreement.

7.3 The confidentiality obligations under Clause 7.1 shall not apply to any information which:

7.3.1 is or subsequently becomes available to the general public other than through a breach by the receiving party; or

7.3.2 is already known to the receiving party before disclosure by the disclosing party;

7.3.3 is developed through the independent efforts of the receiving party; or

7.3.4 the receiving party rightfully receives from a third party without restriction as to use.
Cancellation by Customer
8.1 Where a Customer is deemed to be a "consumer" for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 or any reenactment thereof, he/she has the right to cancel an order, within 7 days of placing the order, by giving notice in writing to Euro-Reg, subject to the following provisions:

8.1.1 orders for registration of domain names may not be cancelled after the domain name has been registered with the appropriate registry;

8.1.2 orders for renewal of domain names may not be cancelled after Euro-Reg has submitted the renewal request to the appropriate registry.
General
9.1 Subject to Clause 9.2, this written Agreement together with the Schedules hereto and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof. Nothing in this Clause 9.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.

9.2 No change, alteration or modification to this Agreement shall be valid unless in writing and signed on behalf of both parties hereto.

9.3 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.

9.4 The rights and obligations of Customer under this Agreement are personal to Customer and Customer undertakes that it shall not, without the prior written consent of Euro-Reg, assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.

9.5 Euro-Reg reserves the right to sub-contract any of the work required to fulfill its obligations hereunder.

9.6 The Customer agrees and acknowledges that domain names parked on the Euro-Reg system which are not using the free web forwarding service will display a Euro-Reg holding page and that said page may incorporate content advertising Euro-Reg or third parties from time to time.

9.7 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control as detailed in clause 15.

9.8 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

9.9 Clause headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement.

9.10 Unless otherwise stated, all rates quoted are exclusive of value added tax at the standard rate.

9.11 This Agreement shall be governed by the laws of England and the parties submit to the to the exclusive jurisdiction of the Courts of England and Wales.
Domain Name Registration
10.1 Customer recognises and accepts that:

10.1.1 Euro-Reg reserves the right to reject any request by a Customer to register any particular domain name or to discontinue processing such a request if Euro-Reg considers such application might expose Euro-Reg to legal or other proceedings.

10.2 Subject to Clause 12, the extent of Euro-Reg's service in relation to the registration of domain names is:

10.2.1 to forward Customer's application to the appropriate Registry;

10.2.2 to provide administrative support in securing the registration;

10.2.3 to notify Customer of the outcome of the application.

10.3 Subject to using its reasonable endeavours to contact Customer prior to the domain name registration renewal date(s) at the e-mail address most recently provided by Customer pursuant to Clause 4.2.1, Euro-Reg will have no involvement in, or responsibility for Customer's use or retention of a domain name once registered;

10.4 For the avoidance of doubt and in addition to the provisions of Clause 5 above, in no circumstances will Euro-Reg be liable to Customer for any loss of profit, business or anticipated savings suffered by Customer on account of a failure to obtain or loss of a domain name;

10.5 Euro-Reg makes no warranty or representation of any kind in relation to the likelihood or otherwise of a particular domain name application being successful because domain name registries retain the right at their discretion to register or refuse to register a domain name applied for by Euro-Reg on behalf of Customer;

10.6 Customer's use of the domain name once registered may be challenged by a third party; if so, or if any other dispute arises the procedures laid down by the relevant registry will apply and these may include the suspension or revocation of a Customer's application for a domain name or the registration of a domain name allocated to Customer to a third party and Euro-Reg will have no responsibility or involvement in relation thereto;

10.7 It is Customer's responsibility to pay any and all renewal charges to the relevant registry in respect of each domain name registered by Euro-Reg on Customer's behalf;

10.8 Domain names are registered on a first come, first served basis;

10.9 The registration of a domain name does not confer any legal rights to a name or its use and any disputes between Customer and a third party are to be settled using normal legal methods. Euro-Reg will not be drawn into any such argument or dispute in any circumstances;

10.10 An application for the registration of a domain name cannot be treated as having been successful until Customer has been notified by Euro-Reg in writing to this effect by email or otherwise.

10.11 Euro-Reg will notify Customer as soon as is reasonably possible after the registration of a domain name has been effected and Customer shall be responsible for visiting Euro-Reg's Website on receipt of such notification in order to verify that the domain name has been registered correctly and for notifying Euro-Reg immediately if there is any error.

10.12 Customer is advised not to take any action in respect of a requested domain name until it has carried out its obligations under Clause 10.15 and satisfied itself that such domain name has been correctly registered.

10.13 The relevant domain name registry will include the names of the Customer and the administrative contact and other details relating to them. This information (if it refers to individuals) is 'personal data' for the purposes of data protection legislation. Euro-Reg may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the domain name or any other related purpose. Changes to this data once it has been entered into the relevant registry will incur a £20.00 + VAT administration fee.

10.14 By releasing a domain name registered by Euro-Reg to another server/host the Customer terminates this Agreement between Euro-Reg and Customer and agrees to abide by the terms & conditions laid out by the receiving host/server.

10.15. Customer warrants to Euro-Reg that:

10.15.1 all information provided by Customer to Euro-Reg is true and correct, and that any additions or alterations thereto in the future will also be true and correct;

10.15.2 it has the legal right to apply for and use the domain name(s) as a Website and/or email address; and

10.15.3 the domain name(s) and its use as a Website and/or email address does not and will not infringe the Intellectual Property Rights or any other rights of a third party.

10.16 Customer acknowledges that the application process, registration and subsequent use of any domain name will be subject to the rules and policies from time to time of the relevant registry and Customer agrees to abide by all such rules and policies. Accordingly, Customer undertakes to read those rules and policies before applying for a domain name (copies are generally available from the relevant registry's Website and are available from Euro-Reg by fax or post on request).

10.17 If Customer's application for a particular domain name is rejected, Euro-Reg will return to Customer any payments received in respect of that application.

10.18 The initial registration fee is to secure the domain name(s) and pay the relevant NIC bodies (e.g. Nominet) administration fees only, and does not include any form of web hosting.
Web Forwarding
11.1 All Material which a Customer wishes to post on a Website will be in a condition which shall be "server-ready" and which requires no additional manipulation on the part of Euro-Reg. Euro-Reg shall be under no obligation to validate such Material for content, correctness, legality or usability.

11.2 Customer recognises that using Euro-Reg's Web Forwarding services requires a certain level of knowledge on Customer's part in the use of Internet languages, protocols and software. The following examples are offered:

11.2.1 Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Web contents, graphics, sound, text, imagemapping etc.

11.2.2 CGI scripts: requires a knowledge of the UNIX environment, Telnet, TAR and GUNZIP commands, Perl, CShell, permissions etc.

11.3. Customer warrants that it has the necessary knowledge referred to in Clause 11.2 above and acknowledges that it is not the responsibility of Euro-Reg to provide such knowledge or to provide customer support unless otherwise agreed in writing with Euro-Reg.

11.4 Customer acknowledges and accepts that it bears sole responsibility, legal and otherwise, for the content of all Material appearing on its Website. For the avoidance of doubt, this clause shall apply to all Material, whether posted on Customer's Website by or on behalf of Customer (whether by Euro-Reg or a third party).

11.5 Customer warrants, represents and undertakes in relation to all Material that:

11.5.1 it is not Inappropriate Material;

11.5.2 Customer either has sole ownership of all Intellectual Property Rights in such Material in each jurisdiction from which the Website may be accessed and/or has obtained full and effective licence(s) from all relevant third parties allowing Customer or a third party acting on behalf of Customer to use the Material and to permit its dissemination worldwide;

11.6 Customer undertakes not to link to any Inappropriate Material from its Website.

11.7 Euro-Reg shall retain the right at all times to refuse to post any Material and to suspend availability of the Web Forwarding, where an allegation of defamation or Intellectual Property Right infringement is made by a third party or place a link on the Website to another Website containing the alleger's version of events and/or to remove any Material already appearing on the Website which in the opinion of Euro-Reg may under the laws of any jurisdiction from which it is possible to access the relevant Website :

11.7.1 constitutes or would if posted constitute Inappropriate Material;

11.7.2 breaches or would if posted breach Relevant Legislation or any other applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory); and/or

11.7.3 harms or would if posted harm the reputation of Euro-Reg in any way.
E-mail Forwarding
12.1 Customer undertakes that it will not (and will ensure that others under its control will not) via e-mail:

12.1.1 transmit Inappropriate Material;

12.1.2 infringe the Intellectual Property Rights of any third party;

12.2 When sending e-mail, Customer acknowledges that it is responsible for complying with any Relevant Legislation.

12.3 Customer acknowledges that Euro-Reg is not responsible for the security of the contents of e-mail sent or received by Customer.

12.4 Euro-Reg will use its reasonable endeavours to ensure that messages are routed accurately and promptly but does not accept any liability for non-receipt, non-delivery or misrouting of e-mail or any other failure of the e-mail system.

12.5 Euro-Reg's policy is to respect the privacy of e-mail messages sent, received forwarded or otherwise dealt with by it and Customer acknowledges that Euro-Reg will therefore not monitor, edit or disclose the contents of such messages unless required to do so by law or competent authority or to protect Euro-Reg's rights and/or position.
Intellectual property rights and licence agreement
13.1 All IPRs relating to the Services including without limit any Internet Protocol Addresses assigned to the Customer are and shall remain the property of Euro-Reg. Euro-Reg reserves the right to change the Internet Protocol Address assigned to the Customer at any time, however Euro-Reg shall endeavour to give reasonable notice of the change and shall use reasonable endeavours to reduce disruption to the Customer resulting from such changes.
Force Majeure
14.1 If Euro-Reg is prevented or delayed in or from performing any of its obligations under these terms and conditions or the Contract due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency Euro-Reg shall not be liable for this.

This Agreement does not affect your statutory rights.