Terms & Conditions
REGISTRATION AGREEMENT
THIS AGREEMENT is between you ('the Customer') and EGatewayz Limited whose
office is located at 136 High Street, Holywood, Co Down, BT18 9HW ('Purplenames').
INTRODUCTION
Purplenames provides, manages and maintains an internet domain name registration
service. The Customer wishes to register, display and exploit the Domain
Name (as defined below) on the internet. This Agreement contains the terms
and conditions which shall govern the relationship between the Customer
and Purplenames. Until accepted by Purplenames, this Agreement constitutes
the Customer's request to Purplenames to provide the Services (as defined
below) on the terms and conditions set out herein.
(Purplenames will advise the Customer of its acceptance by sending an electronic
acknowledgement to the Customer's e-mail address.) (Purplenames' acceptance
of the Customer's offer shall occur when Purplenames seeks to register the
Domain Name.) Acceptance by Purplenames brings into existence a legally
binding agreement between the Customer and Purplenames. PLEASE NOTE, ACCEPTANCE
OF THE CUSTOMER'S ORDER IS NOT AN ACKNOWLEDGEMENT OF THE AVAILABILITY OF
THE DOMAIN NAME AND IS SUBJECT TO CLAUSE 2.4 BELOW.
IT IS AGREED THAT
1 Definitions
1.1 In this Agreement, the following expressions shall have the following
meanings unless the context otherwise requires:
1.1.1 'Domain Name' means the domain name which the Customer wishes to register,
display and exploit on the internet;
1.1.2 'Effective Date' means the date of acceptance of the Agreement by
Purplenames;
1.1.3 'Fees' means the registration, renewal and/or other fees as posted
on the Purplenames Site from time to time payable by the Customer to Purplenames
in respect of the provision of the Services;
1.1.4 'Intellectual Property Rights' means all copyright, trade marks, service
marks, patents, design rights and any other intellectual property right
(whether registered or not);
1.1.5 'Information' means the information provided by the Customer on the
Order Form and any other information relating to the Domain Name, the Services
or this Agreement submitted by the Customer to Purplenames;
1.1.6 'Order Form' means the order form posted on the Purplenames Site which
the Customer has completed and submitted to Purplenames;
1.1.7 'Personal Data' means information which relates to the Customer who
can be identified from that information or from that information and other
information held by or likely to be held by Purplenames;
1.1.8 'Code of Conduct Policy' means the policies and rules that exist now
or which may be amended, modified or published from time to time by Purplenames
which are posted on the Purplenames Site;
1.1.9 'Registry' means the relevant domain name registry with whom Purplenames
arranges to register the Domain Name;
1.1.10 'Services' means those services posted on the Purplenames Site as
selected by the Customer and which the Customer wishes Purplenames to provide;
1.1.11 'Purplenames Site' means the Purplenames web site located at 'http://www.purplenames.com/';
1.2 The headings contained in this Agreement one for reference only and
shall not affect their interpretation.
2 SUPPLY OF THE SERVICES
2.1 Purplenames will provide the Services to the Customer subject to the
terms and conditions contained in this Agreement. Any changes or additions
to the Services or this Agreement must be agreed in writing by Purplenames
and the Customer.
2.2 Purplenames will provide the Services exercising reasonable skill and
care but otherwise, it 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 PURPLENAMES 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 PURPLENAMES FOR PROVISION OF THE SERVICES.
2.3 PURPLENAMES WILL COMMENCE PERFORMANCE OF THE SERVICES ON RECEIPT OF
THE ORDER FORM 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
AGREEMENT UNDER THE CONSUMER PROTECTION (CONTRACTS CONCLUDED BY MEANS OF
DISTANCE COMMUNICATION) REGULATIONS 2000 (AS AMENDED OR MODIFIED),
2.4 Purplenames will provide the Services on an 'AS AVAILABLE' basis. The
acceptance by Purplenames of the Customer's application to register the
Domain Name is not an acknowledgement by Purplenames of the availability
of the Domain Name and such application will be subject to the successful
registration of the Domain Name at the Registry which shall be signified
by the Domain Name being displayed on the Registry's WHOIS directory as
being registered to the Customer.
2.5 In the event the Domain Name is not successfully registered with the
Registry or if Purplenames refuses to accept the Customer's Order Form for
whatsoever reason, Purplenames will refund the Fees to the Customer. Purplenames
will not be liable to the Customer for any loss or damage howsoever arising
or resulting from any inability to register the Domain Name or by any refusal
by Purplenames of the Customer's Order Form. PLEASE NOTE: REFUNDS WILL BE
GIVEN AT THE DISCRETION OF THE COMAPANY MANAGEMENT IF, FOR ANY REASON AFTER
REGISTRATION, THE CUSTOMER IS FORCED TO RELINQUISH THE DOMAIN NAME OR IF
THE CUSTOMER CANCELS HIS ORDER.
2.6 The Code of Conduct Policy is incorporated into this Agreement by reference.
The Customer agrees and acknowledges that by entering into this Agreement
he will be bound to and will abide by the Code of Conduct Policy.
2.7 Purplenames may modify, amend and/or revise the Code of Conduct Policy
from time to time and the Customer is responsible for reviewing the Code
of Conduct Policy on a regular basis. Any modifications, amendments and/or
revisions to the Code of Conduct Policy necessary to comply with any applicable
statutory or other legal requirements will be effective immediately on the
date of posting on the Purplenames Site. All other modifications, amendments
and/or revisions to the Code of Conduct Policy will be effective twenty
(20) days after the date of posting on the Purplenames Site and will have
retrospective effect.
2.8 The Customer agrees and acknowledges that registration of and use of
the Domain Name may be subject to the Registry's own acceptable use policies,
rules or other terms and conditions. BY SUBMITTING THE ORDER FORM TO PURPLENAMES,
THE CUSTOMER AGREES TO BE BOUND BY ANY SUCH POLICIES, RULES OR OTHER TERMS
AND CONDITIONS AND TO FULLY AND EFFECTIVELY INDEMNIFY PURPLENAMES IN RESPECT
OF ANY AND ALL LOSSES, COSTS, EXPENSES OR LIABILITIES SUFFERED OR INCURRED
BY PURPLENAMES IN THE EVENT OF OR AS A RESULT OF OR ARISING OUT OF ANY BREACH
OF THIS CLAUSE 2.7. BEFORE REGISTRATION OF THE DOMAIN NAME, IT
IS THE CUSTOMER'S RESPONSIBILITY TO REVIEW AND FAMILIARISE HIMSELF WITH
THE RELEVANT REGISTRY'S POLICIES, RULES AND OTHER TERMS AND CONDITIONS.
2.9 In the event of any conflict between this Agreement, the Code of Conduct
Policy and/or the Registry's terms and conditions, the following precedence
will apply:
2.9.1 the Registry's terms and conditions;
2.9.2 the Code of Conduct Policy; and
2.9.3 this Agreement.
2.10 Purplenames reserves the right to terminate this Agreement and the
registration of the Domain Name in the following events:
2.10.1 if the Customer provides materially false, inaccurate, incomplete
or misleading Information;
2.10.2 if the Customer fails to correct material errors or omissions relating
to the Information resulting in the Information becoming false, inaccurate,
incomplete or misleading. THE CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT
ANY BREACH OF THIS CLAUSE 2.10 WILL RESULT IN A MATERIAL BREACH OF THIS
AGREEMENT WHICH WILL IMMEDIATELY ENTITLE PURPLENAMES TO TERMINATE THIS AGREEMENT
AND THE SERVICES. REFUNDS WILL BE GIVEN AT THE DISCRETION OF THE COMAPANY MANAGEMENT.
2.11 Purplenames may at any time correct any typographical or other errors
or omissions in any document posted on the Purplenames Site relating to
the provision of the Services, the Code of Conduct Policy or otherwise without
any liability whatsoever to the Customer.
3 OBLIGATIONS OF THE CUSTOMER
3.1 The Customer will pay to Purplenames the Fees applicable at the time
the Customer submits the Order Form or at the time of the renewal of this
Agreement as provided in clause 5 as appropriate. Purplenames reserves the
right at any time to revise the Fees without notice.
3.2 The Customer undertakes and warrants to Purplenames that the Information
is true, accurate and complete in all material respects. The Customer also
undertakes and warrants that he will maintain and keep the Information true,
accurate and complete in all material respect by immediately notifying Purpleames
of any change that is required to be made to the Information.
3.3 The Customer undertakes and warrants to Purplenames as follows:
3.3.1 to the best of the Customer's knowledge, information and belief, neither
the registration of the Domain Name nor the manner in which it is to be
directly or indirectly used will infringe the Intellectual Property Rights
of any third party;
3.3.2 that the Customer has the full right, power, legal capacity, ability
and authority to enter into this Agreement;
3.3.3 that use of the Domain Name will be strictly subject to the terms
and conditions of this Agreement, the Code of Conduct Policy and the policies,
rules and terms and conditions of the Registry, all of which may be amended,
revised or modified from time to time and it is the Customer's responsibility
to review these documents on a regular basis;
3.3.4 the Customer registers and will display and exploit the Domain Name
in good faith; and
3.3.5 the Customer will not operate , display, or exploit the Domain Name
in any way so as to infringe any subsisting right of any third party.
3.4 The Customer understands and agrees that use of the Domain Name and
access to the website located at the Domain Name address by third parties
will be subject to the local laws of the country where such third party
is resident and the Customer warrants to Purplenames that he will operate,
display and exploit the Domain Name and the website located at the Domain
Name address in accordance with all relevant national and international
laws and regulations.
3.5 THE CUSTOMER WILL BE RESPONSIBLE FOR AND WILL FULLY AND EFFECTIVELY
INDEMNIFY AND KEEP INDEMNIFIED PURPLENAMES, 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 ARISING AS A RESULT OF ANY BREACH OF THE CUSTOMER'S
OBLIGATIONS UNDER THIS CLAUSE 3 BY EITHER THE CUSTOMER, ITS EMPLOYEES, AGENTS
OR CONTRACTORS.
4 LIMITATION OF LIABILITY
4.1 SUBJECT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND EXCEPT IN RESPECT
OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF PURPLENAMES, PURPLENAMES
WILL NOT BE LIABLE TO THE CUSTOMER BY REASON OF ANY REPRESENTATION (UNLESS
FRAUDULENT), OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR ANY DUTY
AT COMMON LAW, OR UNDER THE EXPRESS TERMS OF THIS AGREEMENT FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, WHETHER FOR LOSS OF
PROFITS OR OTHERWISE, COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION RELATING
TO THE USE OR THE INABILITY TO USE THE DOMAIN
NAME OR IN ANY OTHER WAY RELATED TO OR IN CONNECTION WITH THE PROVISION
OF THE SERVICES, WHETHER CAUSED BY THE NEGLIGENCE OF PURPLENAMES, ITS EMPLOYEES
OR AGENTS OR OTHERWISE AND WHETHER SUCH ACTION ARISES IN CONTRACT, TORT
OR OTHERWISE.
4.2 PURPLENAMES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR LOSSES
WHETHER DIRECT OR INDIRECT THAT THE CUSTOMER MAY SUFFER AS A RESULT OF SERVICE
OR SYSTEMS FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, SERVER FAILURE,
ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ANY ACTS
OF GOD, DELAYS IN PROVISION OF THE SERVICES, BREACHES OF SECURITY OR UNAUTHORISED
USE OF THE DOMAIN NAME ARISING FROM "HACKING" OR OTHERWISE, EVEN
IF PURPLENAMES HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND EVEN
IF
PURPLENAMES MAY REASONABLY FORESEE SUCH POSSIBLE DAMAGES.
4.3 THE CUSTOMER WILL INDEMNIFY PURPLENAMES AND KEEP PURPLENAMES FULLY AND
EFFECTIVELY INDEMNIFIED ON DEMAND AGAINST ANY AND ALL LOSSES, CLAIMS, DAMAGES,
COSTS, CHARGES, EXPENSES, LIABILITIES, DEMANDS, PROCEEDINGS AND ACTIONS
WHICH PURPLENAMES MAY SUSTAIN OR INCUR IN RELATION TO THE DOMAIN NAME AND/OR
THE SERVICES BROUGHT OR THREATENED AGAINST PURPLENAMES BY ANY THIRD PARTY,
EXCEPT IN THE EVENT OF DEATH OR PERSONAL INJURY CAUSED BY PURPLENAMES' NEGLIGENCE.
4.4 Subject to clause 8.2, the parties expressly exclude any rights of third
parties who may otherwise be entitled to enforce the terms of this Agreement
as if they were a party to it or otherwise able to rely on the provisions
of the Contracts (Rights of Third Parties) Act 1999 as enacted or modified
from time to time.
4.5 Subject as expressly provided in this Agreement, and except where the
Services are sold to a person dealing as a consumer (within the meaning
of the Unfair Contract Terms Act 1977), all warranties, conditions or other
terms implied by statute or common law are excluded to the fullest extent
permitted by law.
4.6 Subject to clause 2.3, where the Services are sold under a consumer
transaction (as defined by the Consumer Transaction (Restrictions on Statements)
Order 1976) the statutory rights of the Customer are not affected by the
terms and conditions of this Agreement.
5 TERM AND TERMINATION
5.1 This Agreement shall come into force on the Effective Date and subject
to earlier termination as provided for under this Agreement will continue
for a fixed period of two (2) years. Thereafter, this Agreement may be renewed
for a further period of one (1) or two (2) years subject to payment by the
Customer of the Renewal Fees.
5.2 Purplenames shall be entitled to terminate this Agreement immediately
without notice if the Customer is in material breach of any obligation under
this Agreement.
5.3 Purplenames shall be entitled to terminate this Agreement immediately
upon written notice if:
5.3.1 the Customer is in breach (other than material breach) of any obligation
under this Agreement and, in the case of breach capable of remedy, it shall
not have been remedied by the Customer within thirty (30) days following
receipt of a written notice from Purplenames specifying the breach and requiring
its remedy;
or
5.3.2 the Customer becomes insolvent, has a receiver over the whole or any
part of its assets, enters into any compound with creditors, or has an order
made or resolution passed for it to be would up (otherwise than for the
purposes of a scheme for amalgamation or reconstruction) or, in the case
of an individual or partnership, becomes bankrupt, makes a voluntary arrangement
with his or its creditors or has a receiver or administrator appointed.
5.4 The Customer shall be entitled to terminate this Agreement immediately
upon giving notice to Purplenames if:
5.4.1 Purplenames is in material breach of any obligation under this Agreement
and, in the case of a breach capable of remedy, it shall not have been remedied
by Purplenames within thirty (30) days following receipt of a written notice
from the Customer specifying the breach and requiring its remedy; or
5.4.2 Purplenames becomes insolvent, has a receiver over the whole or any
part of its assets, enters into any compound with creditors, or has an order
made or resolution passed for it to be would up (otherwise than for the
purposes of a scheme for amalgamation or reconstruction).
5.5 Termination of this Agreement by either party pursuant to clause 5.2,
5.3 or 5.4 (as appropriate) shall be without prejudice to the accrued rights
of either party.
6 DATA PROTECTION
6.1 Except to the extent that Purplenames is required or permitted by law,
any Information which is Personal Data will be used solely for the purposes
of assessing the Applicant's request to register the Domain Name and to
provide the Services.
6.2 In the event Purplenames does not accept the Customer's offer to enter
into this Agreement, the Personal Data will not be held for longer than
is necessary, after which time it will be destroyed.
6.3 In the event Purplenames does accept the Applicant's offer to enter
into this Agreement, the Personal Data will form part of the Customer's
Customer records and Purplenames will be entitled to use it for all purposes
connected with the provision of the Services, such Services including, but
not limited to, the provision of the Personal Data to the Registry.
6.4 As part of the provision of the Services, the Personal Data may be transferred
outside the European Economic Area ("EEA") and by supplying the
Personal Data, the Customer hereby consents to any such transfer. The Customer
confirms that he is aware that countries outside the EEA may have less extensive
protection for Personal Data than the United Kingdom.
6.5 Purplenames may wish to use the Personal Data 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 Purplenames in accordance
with clause 8.3 indicating that he does not wish to receive such information.
7 TRANSFER REQUESTS
7.1 The Customer may request Purplenames to transfer the Domain Name at
any time during the term of this Agreement.
7.2 The Customer understands and acknowledges that by submitting a request
to transfer the Domain Name, the Customer releases Purplenames from all
obligations, claims, liabilities and/or demands arising our of or in relation
to this Agreement.
7.3 On receipt of a transfer request, Purplenames will use its reasonable
endeavours to process such request but shall not be responsible for any
delay in effecting such transfer.
7.4 Purplenames shall not be obliged to process a transfer request until:
7.4.1 the Customer has provided all information necessary to effect such
transfer; and
7.4.2 the Customer has paid all Fees in full; and
7.4.3 the Customer has paid any applicable transfer fee to Purplenames.
8 GENERAL
8.1 This Agreement constitutes the entire agreement between the Customer
and Purplenames, supersede any previous agreement or understanding any may
not be varied except as provided for in this Agreement.
8.2 Purplenames is entitled to assign this Agreement and all or any of its
rights or obligations hereunder without the prior written consent of the
Customer. The Customer is not entitled to assign this Agreement nor all
or any of his rights or obligations hereunder without the prior written
consent of Purplenames.
8.3 Any notice required or permitted to be given by either party to the
other under this Agreement shall be in writing and delivered or sent by
first class post to the other party at its registered office or principal
place of business or such other address as may at the relevant time have
been notified to the other party.
8.4 No failure or delay by either party in exercising any of its rights
under this Agreement shall be deemed to be a waiver of that right, and no
waiver by either party of any breach of this Agreement by the other shall
be considered as a waiver of any subsequent breach of the same or any other
provision.
8.5 If any provision in this Agreement is held by any competent authority
to be invalid or unenforceable in whole or in part, the validity of the
other provisions of this Agreement and the remainder of the provision in
question shall not be affected.
8.6 This Agreement shall be governed by and construed in accordance with
United Kingdom of Great Britain and Northern Ireland law and shall be subject
to the exclusive jurisdiction of the Northern Ireland Courts.
PURPLENAMES' CODE OF CONDUCT POLICY - 15 October 2000
INTRODUCTION
THIS CODE OF CONDUCT POLICY sets out the policies, rules and procedures
to be adopted by the Customer in relation to the registration, display,
use and exploitation of the Domain Name. This document is intended to promote
legal, honest, secure and general good practice in respect of use of the
internet but is not exhaustive. If you wish to use the Domain Name for any
purposes set out below as being prohibited, you should obtain the prior
written consent of Purplenames.
GENERAL
1 This Code of Conduct Policy is incorporated into and should be read in
conjunction with the Purplenames Registration Agreement ("the Agreement").
2 Words appearing in this Code of Conduct Policy commencing with a capital
letter shall have the same meaning as defined in the Agreement unless the
context otherwise requires.
3 Purplenames may from time to time modify, amend and/or revise this Code
of Conduct Policy and the Customer is responsible for reviewing the Code
of Conduct Policy on a regular basis. The date appearing at the top of this
page indicates the date on which this Code of Conduct Policy was last amended.
RULES AND PROCEDURES
1 The Customer shall not in any way utilise the Domain Name to display,
transmit (including any re-transmission), sell, promote, advertise or distribute
any material or information which:
(i) is (or is likely to) infringe any third party's Intellectual Property
Rights, including but not limited to unlicensed or pirated software products;
or
(ii) is false, misleading, fraudulent, obscene, indecent, defamatory, offensive,
discriminatory, abusive, malicious or is in any other way in bad taste or
in bad faith or contains any nudity, erotic images, sexually oriented material, or sexual themes; or
(iii) is (or is likely to be) in breach of any local, national or international
criminal or civil laws or otherwise in violation of any law in any relevant
jurisdiction which may access the Domain Name.
2 The Customer shall not in any way utilise the Domain Name for any of the
following activities:
(i) to collect personal information about individuals accessing the Domain
Name without complying with the Data Protection Act 1998, including, but
not limited to giving a fair processing notice and/or obtaining such individual's
consent. This includes data collection by the use of "cookies"
or any similar type of data collecting; or
(ii) to send unsolicited advertising material or bulk mail messages or any
similar type of Spam mail to individuals who have requested not to be sent
such messages; or
(iii) to create or knowingly forward messages which contain a virus, trojan
horse or other disabling element; or
(iv) to create or send "chain letters", "pyramid schemes"
or any similar type of money-making scheme messages.
3 PURPLENAMES WILL NOT ACTIVELY VET OR SCREEN THE CONTENT OF THE CUSTOMER'S WEB
SITE (OR ANY MESSAGE) AND IT IS THE CUSTOMER'S RESPONSIBILITY TO ENSURE HE IS
COMPLAINT WITH THIS CODE OF CONDUCT POLICY, THE AGREEMENT AND ALL APPLICABLE LAWS.
PURPLENAMES RESERVES THE RIGHT TO REMOVE ANY MATERIAL WHICH IT DEEMS IN ITS SOLE
DISCRETION TO VIOLATE THIS CODE OF CONDUCT POLICY, THE AGREEMENT OR IS POTENTIALLY
ILLEGAL OR IS AN INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS.
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