General Terms and Conditions
1. DEFINITIONS
"Agreement" shall refer to the agreement between Streamline.Net and the Customer for the provision of Services by Streamline.Net to the Customer;
"Bandwidth" shall refer to the rate of data transmission in bits per second, using Streamline.Net's equipment;
"Confidential Information" shall refer to information which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary;
"Customer" shall refer to You, an individual or entity which has accepted these Terms of Service;
"Extra Features" shall refer to additional offerings, including, but not limited to, services such as Site Wizard, Matrix Statistics and Password Protection, the details of which are as shown on www.streamline.net;
"Fees" shall refer to the fees for the Services, the pricing of which is as shown on www.streamline.net;
"Intellectual Property Rights" shall refer to any and all patents, trade marks, service marks, copyright, know-how, design rights, or any other intellectual or similar rights, whether or not registrable in any country, together with all or any goodwill relating to the same;
"Services" shall mean web hosting, domain name registration, dedicated servers, email, reseller accounts, Extra Features and any other services provided by Streamline.Net, the details of which are as shown on www.streamline.net;
"Streamline.Net" shall refer to Dollamore Limited, a company registered in England and Wales, whose company number is 04529590. Streamline.Net is the trading name of Dollamore Limited;
"You", "Your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or beneficial interest.
2. SERVER USE
2.1 Streamline.Net does not allow any of the following content to be stored on its servers: Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any UK legislation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Streamline.Net. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. This also includes any sites which provide "links to" or "how to" information about such material.
3. UNLIMITED USER POLICY
3.1 High Bandwidth usage: Streamline.Net offers an unlimited use policy by maintaining very large ratios of Bandwidth per customer. In rare cases, Streamline.Net may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Streamline.Net reserves the right to impose the High Resource User Policy for the consideration of all customers.
4. HIGH RESOURCE USER POLICY
4.1 Resources are defined as Bandwidth, processor utilization or disk space. Streamline.Net may implement the following policy to its sole discretion: when a website is found to be monopolising the resources available, Streamline.Net reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Streamline.Net continues hosting the website for an additional fee.
5. FEES & PAYMENT TERMS
5.1 All Fees for Services are payable in advance and are non-refundable;
5.2 All Fees must be paid in UK Pounds Sterling, and all prices are quoted net of Value Added Tax (VAT);
5.3 Although Streamline.Net reserves the right to change the prices for the Services at any time, all pricing is guaranteed for the period of the prepayment. Any changes to the prices of Services will be clearly communicated to Customers prior to their application, with one month's notice being given for such changes. Notice will be served via email, to the email address held on the Customer's Streamline.Net account;
5.4 Customers purchasing a web hosting package will be entitled to a free .co.uk domain registration for the first two years of registration. Thereafter, all .co.uk domains which are renewed will be charged for at the prevailing price as shown on www.streamline.net;
5.5 Customers who first purchase a .co.uk domain registration and then add a web hosting package to that domain registration at a later date will have the price of the .co.uk domain registration discounted from the annual/ biennial web hosting package price. Thereafter, all .co.uk domains which are renewed will be charged for at the prevailing price as shown on www.streamline.net;
5.6 If payment is unsuccessful for a monthly billed web hosting package, the free .co.uk domain will not be released until payment has been received;
5.7 Customers are required to maintain a valid credit/ debit card and email address on their account at all times. Failure to do so may result in the suspension of Your account;
5.8 Streamline.Net will suspend access to an account which: (i) contains invalid or fraudulent details; (ii) initiates a credit/ debit card chargeback.
6. TERM & TERMINATION
6.1 The term of service for all annually billed Services is annual, and the term of service for all biennially billed Services is biennial;
6.2 The term of service for all monthly billed Services, excluding dedicated servers, is annual;
6.3 The term of service for all monthly billed dedicated servers is one month;
6.4 In order to ensure continuity of service, Streamline.Net operates an auto renewal policy on all the Services it provides to Customers. Upon expiration of Your initial term, Your Services shall be automatically renewed for the same period as Your initial term, at which point Streamline.Net shall charge the credit/ debit card held on Your account;
6.5 YOU AGREE THAT YOU THE CUSTOMER ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR SERVICES ARE RENEWED, AND THAT STREAMLINE.NET SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES;
6.6 In order to ensure continuity of service, Streamline.Net operates an auto renewal policy on all the Services it provides to Customers. Upon expiration of Your initial term, Your Services shall be automatically renewed for the same term as your initial term, at which point Streamline.Net shall charge the credit/ debit card held on Your account;
6.7 Streamline.Net reserves the right to terminate a Customer's Agreement at any time. In this event, You will be entitled to a pro-rata refund based on the unexpired term of service, unless You have contravened these Terms of Service, in which case You may not be entitled to a refund;
6.8 Streamline.Net shall have the right to terminate this Agreement immediately should the Customer fail to make advance payment for any Service, when such payment becomes due to Streamline.Net;
6.9 Either party may terminate this Agreement by giving notice in writing to the other party if the other party (i) is in material breach of this Agreement and fails to remedy such breach within 30 days of the receipt of a request in writing to remedy such breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of the Agreement, (ii) becomes the subject of a voluntary arrangement under Part 1 of the Insolvency Act 1986, (iii) is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, (iv) has a receiver, liquidator or administrator appointed over all or part of its assets or income or (v) has ceased to trade.
7. CANCELLATION
7.1 Customers may not cancel their Service/s during the term of service;
7.2 Customers may cancel their Service/s at the end of the term of service by providing 30 days' written notice, before the end of the term of service, for that particular Service on a Service by Service basis;
7.3 Customers will be required to complete a closure authorisation form, giving Streamline.Net permission to permanently delete all content relating to the Customer's Services;
7.4 Customers will be required to complete and submit the closure authorisation form before the renewal date of the Service, which is one week before the end of the service term, otherwise the Service will be renewed in accordance with section 6.6;
7.5 Customers will not be entitled to cancel any Service if there are outstanding payments associated with that Service.
8. DISCLAIMERS AND WARRANTIES
8.1 Streamline.Net does not back up Your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Streamline.Net cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Streamline.Net and its employees;
8.2 Streamline.Net makes no warranties or representations that any service will be uninterrupted or error-free. You accept all services provided hereunder "as is" without warranty of any kind;
8.3 All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, 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;
8.4 Streamline.Net shall not be liable for any services or products to be supplied by any third party;
8.5 Streamline.Net shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf;
8.6 Streamline.Net will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss;
8.7 No matter how many claims are made and whatever the basis of such claims, Streamline.Net's maximum aggregate liability to You 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 other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the fees paid by You for the services in relation to which Your claim arises during the 12 month period prior to such claim;
8.8 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Streamline.Net, its employees or its sub-contractors;
8.9 Streamline.Net shall not be liable for any interruptions to the services or outages arising directly or indirectly from (i) interruptions to the flow of data to or from the internet, (ii) changes, updates or repairs to the network or software which it uses as a platform to provide the services, (iii) the effects of the failure or interruption of services provided by third parties, (iv) factors outside of Streamline.Net's reasonable control, (v) Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties, (vi) problems with Your equipment and/or third party equipment, or (vii) interruptions to the services requested by You.
9. INDEMNIFICATION
9.1 You agree that You shall defend, indemnify, save and hold Streamline.Net, its officers, employees, agents, sub-contractors and affiliated companies harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Streamline.Net, its agents, its customers, officers and employees, that may arise directly or indirectly as a result of any service provided or performed or agreed to be performed or any product sold by You, Your agents, employees or assigns;
9.2 You agree to defend, indemnify and hold harmless Streamline.Net against liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with a Streamline.Net server, (ii) any material supplied by You infringing or allegedly infringing the proprietary rights of a third party, (iii) Intellectual Property Right infringement, (iv) any defective products sold by You from a Streamline.Net server, and (v) any breach of any of Your obligations or the warranties given by You in this Agreement.
10. FORCE MAJEURE
10.1 Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supranational authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of Streamline.Net or the Customer, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.
11. ENTIRE AGREEMENT
11.1 This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and neither relied on any representation made by the other party unless such representation is expressly included herein;
11.2 Nothing in this clause 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;
11.3 This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
12. SEVERABILITY
12.1In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole;
12.2 Streamline.Net will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Streamline.Net as reflected in the original provision.
13. CONFIDENTIALITY
13.1 Each of the parties agrees not to disclose any Confidential Information received from the other party or make any use of any such Confidential Information other than for the purposes of performance of this Agreement, except that (i) 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, (ii) the confidentiality obligations set out above shall not apply to any information which is or subsequently becomes available to the general public other than through a breach by the receiving party, or is already known to the receiving party before disclosure by the disclosing party or is developed through the independent efforts of the receiving party, or (iii) the receiving party rightfully receives from a third party without restriction as to use.
14. WAIVER
14.1 The failure or delay by either party in exercising any right, power or remedy of that party under the Agreement will not in any circumstances impair such right, power or remedy, nor operate as a waiver of it;
14.2 The single or partial exercise by either party of any right, power or remedy under the Agreement will not in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy.
14.3 Any waiver by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any subsequent breach or default and in no way affects the other terms of the Agreement.
15. ASSIGNMENT
15.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Streamline.Net. However, in the event that Streamline.Net consents to such an assignment, sub-license or transfer, then this Agreement shall enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns;
15.2 Streamline.Net may sub-contract or assign any or all of its rights and obligations under this Agreement.
16. AMENDMENTS
16.1 This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Streamline.Net.
17. NOTICES
17.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Streamline.Net to You shall be deemed to have been given immediately if delivered by e-mail or 24 hours after despatch if sent by overnight mail in accordance with the contact information You have provided.
18. GOVERNING LAW
18.1 Except as otherwise set forth in the Streamline.Net Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, with respect to domain name disputes, this Agreement, and Your rights and obligations under this Agreement, shall be governed by the laws of the England, subject to the exclusive jurisdiction of the courts of England and Wales.