Terms and Conditions >
PenarthTown.co.uk is now owned by Penarth Online and therefore as one of
its services, users are also subject to Penarth Online Terms and
1. SERVICE AGREEMENT
2. USAGE POLICY
3. TRADEMARK ABUSE
4. DISPUTE RESOLUTION
1. SERVICE AGREEMENT
This Agreement ("Agreement") is between PENARTH ONLINE,
with an office at 12 Salisbury Avenue, Penarth
United Kingdom CF64 3JA and the customers and users of all our services.
For good and valuable consideration,
the parties agree as follows:
Subject to the terms and conditions of this Agreement, PENARTH ONLINE will provide to Customer the Web Design,
Web hosting and/or related services described in the plan selected by Customer from Penarth Online then published list of
services offered from time to time ("Services"). The specific plan of Services to be provided initially
to Customer shall be as selected in the Order and thereafter as established through correspondence
between Customer and PENARTH ONLINE.
The initial term of this Agreement shall be as stated in the Order ("Initial Term"). The Initial Term shall
begin upon commencement of Service to Customer, provided, however, no Service shall commence unless and until PENARTH ONLINE receives and accepts a completed Order
from Customer, plus payment in full for Services to be rendered during the Initial Term and any setup charges PENARTH ONLINE reserves the right to reject any submitted
Order for any or no reason prior to written acceptance thereof by PENARTH ONLINE. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall
automatically renew for successive terms of equal length as the Initial Term unless terminated or canceled by
either party only as provided in Paragraph 9 below. The Initial Term plus all successive renewal periods
during which Service is provided shall be collectively referred to as the "Term."
3. FEES AND PAYMENT
All fees for Services rendered or provided to Customer shall be in accordance with PENARTH ONLINE pricelist then
in effect, the terms of which are incorporated herein by reference. A pricelist setting forth PENARTH ONLINE current rates for Services is available on the website. PENARTH ONLINE
may, with 30 days notice to Customer, amend the Services and/or the rates and fees it charges for the Services.
Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such
renewal period. Customer will receive an invoice by email and/or post for the charges for the basic Services rendered or provided
by PENARTH ONLINE for such renewal period, plus any additional Services rendered or provided by PENARTH ONLINE to Customer
for the preceding month of the Term, and any other charges or fees then due hereunder. Payment in full of such invoiced
amount is due upon receipt of the invoice. Should payment in full of any invoice not be received by PENARTH ONLINE
within thirty (10) days after date of invoice, PENARTH ONLINE may impose a debt service charge equal to one and one-half
percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction
thereof the overdue amount remains unpaid. In addition, in the event that any amount due PENARTH ONLINE remains unpaid thirty (30) days after presentation of an invoice to
Customer, PENARTH ONLINE, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend
Services. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes
of PENARTH ONLINE) shall be paid by Customer. No refunds will be given if Customer applies for a .ltd.uk or .plc.uk domain without
giving the correct Company Registration number.
4. CONTENT AND CUSTOMER'S RESPONSIBILITY
PENARTH ONLINE will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content
of the information passing through its network. PENARTH ONLINE shall make no effort to validate any information passing
through its network for content, correctness, usability or for any other reason.
5. NO WARRANTY
Customer agrees to use all PENARTH ONLINE' Services and facilities, and any information obtained through or from PENARTH ONLINE, at
Customer's own risk. Customer acknowledges and understands that neither PENARTH ONLINE, nor any of its employees,
representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted
or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the
Service or as to the accuracy, reliability or content of any information service or merchandise contained in or
provided through the Service, unless otherwise expressly stated in this Agreement. PENARTH ONLINE specifically disclaims
all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular
purpose, whether expressed or implied, for the Service it
is offering or providing hereunder.
6. PROHIBITED USES
Customer shall not use, nor permit the use by any person of, Customer's Web space or any part thereof, including any links
to other Web space, in violation of PENARTH ONLINE' "Usage Policy"
7. LIMITED LIABILITY
Under no circumstances, including negligence, shall PENARTH ONLINE, its officers, agents or anyone else involved in creating,
producing or distributing the Service hereunder be liable to Customer or any third party, for any claims, causes of action
or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to
have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions,
deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance,
whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to PENARTH ONLINE' records, programs or services. PENARTH ONLINE further shall have no
responsibility whatsoever to Customer or any third party for the accuracy or quality of information obtained through or
in connection with its Services provided hereunder. Notwithstanding the above, Customer's exclusive remedies
for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract,
statutory, tort including negligence, or otherwise, shall not exceed the aggregate amount which Customer paid during
the twelve (12) months immediately preceding the claim or the term of this Agreement, whichever is less.
Customer shall defend, indemnify, save and hold PENARTH ONLINE harmless from any and all damages, demands, liabilities,
losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive
damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against PENARTH ONLINE, its agents,
its customers, servants, officers and employees, that may arise or result from any service provided or performed or
agreed to be performed by Customer, its agents, employees or assigns or any product distributed, offered or sold by
Customer, its agents, employees or assigns.
This Agreement may be terminated: (i) by either party, without cause, by giving the other party 30 days prior
written notice; (ii) by PENARTH ONLINE, at any time, upon 20 days' prior notice if in the sole judgment of PENARTH ONLINE, Customer breaches any material provision of this Agreement
and has not cured same by the end of the 20 days; (iii) by PENARTH ONLINE in the event of nonpayment by Customer as
provided in Paragraph 3 above; and (iv) by PENARTH ONLINE, at any time, without notice, if, in PENARTH ONLINE' sole judgment,
Customer is in violation of any terms or conditions of PENARTH ONLINE' Usage Policy. If domain name is transferred or cancelled for any reason before the first twenty-four
months, a fee of twenty four pounds will be charged in all circumstances. The transfer or change of handle/tags
will not take place until payment has been received in full.
10. ADDITIONAL TERMS AND CONDITIONS
Customer hereby acknowledges that it has received and reviewed a copy of PENARTH ONLINE' "Usage Policy" provided
herewith and that the terms of the Usage Policy are incorporated herein by reference. PENARTH ONLINE reserves the right to amend this Service Agreement and the Usage
Policy from time to time and Customer shall be bound by any such amendments. Customer shall have the obligation to
periodically visit PENARTH ONLINE's Web site to review its Usage Policy and to make certain
Customer is in full compliance
therewith. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms
of the Usage Policy shall govern.
All notices must be sent either in writing or by email, except as otherwise expressly provided herein that a
notice must be in writing. All notices to PENARTH ONLINE shall be delivered to its address stated above or its email address as provided. All notices to the Customer
shall be delivered to its mailing address or its email address as provided on the Order. The parties may change
their respective address by notice delivered to the other party. All notices delivered in writing must be sent
either by overnight courier or certified mail, return receipt requested. Evidence of successful transmission
of all notices delivered by email must be retained by the delivering party.
This Agreement sets forth the entire agreement between PENARTH ONLINE and Customer with respect to the subject
matter hereof and supersedes all previous representations, understandings or agreements and shall prevail
notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any
provision of this Agreement is held to be invalid by a court of competent
jurisdiction, then the remaining
provisions shall nevertheless continue in full force
and effect. Customer may not transfer or assign this Agreement without PENARTH ONLINE' prior written consent.
This Agreement shall be governed by the laws of Great Britain and all claims concerning this Agreement shall be
brought exclusively in British courts located in Britain. The parties hereby consent to submit to the jurisdiction
of such courts and waive any personal jurisdiction or venue defenses concerning said forum.
The Customer is deemed to have agreed to this Agreement,
when commencing use of any of PENARTH ONLINE services.
2. USAGE POLICY
The PENARTH ONLINE Usage Policy has been developed
with the following objectives:
Ensure security, reliability and privacy of PENARTH ONLINE' systems and network, and the
networks and systems of others. Maintain the image and reputation of PENARTH ONLINE as a
responsible provider. Preserve the value of Internet resources as a conduit for free
expression. Encourage the responsible use of net resources and discourage practices
which degrade the usability of network resources and thus the value of Internet
services. Avoid situations that may cause PENARTH ONLINE to incur civil liability. Preserve
the privacy and security of individual users.
We expect our Customers to use the Internet with courtesy and responsibility and to be
familiar with and to practice good Internet etiquette. By adhering to the following
policies, our Customers are protecting the rights and privileges of all Internet users.
VIOLATION OF ANY OF THE FOLLOWING POLICIES
IS STRICTLY PROHIBITED AND WILL RESULT IN
IMMEDIATE TERMINATION OF ALL ACCOUNTS.
1. Customers are prohibited from transmitting on or through any of PENARTH ONLINE' services, any
material that is, in PENARTH ONLINE' sole discretion, unlawful, threatening, abusive, libelous, or
encourages conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any local, state, national
or international law, statute or regulation.
2. PENARTH ONLINE' services may only be used for lawful purposes. Transmission, distribution,
or storage of any information, data or material in violation of UK regulation or law is prohibited.
This includes, but is not limited to, material protected by copyright, trademark, trade secret,
or any other statute. PENARTH ONLINE reserves the right to remove such illegal material from its servers.
3. Customers may not engage in tortious conduct including, but not limited to, posting of
defamatory, scandalous, or private information about a person without their consent, intentionally
inflicting emotional distress, or making physical threats against another person via email, news, or
any other electronic media/service we provide.
4. The Customer is responsible for providing and maintaining accurate and up-to-date billing
information. Furnishing false data on the signup form, contract, or online application, including
fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the
offender to civil or criminal liability.
SYSTEM AND NETWORK USAGE
1. Customers may not attempt to circumvent user authentication or security of any host, network,
or account ("cracking"). This includes, but is not limited to, accessing data not intended for
the Customer, logging into a server or account the Customer is not expressly authorized to
access, or probing the security of other networks.
2. Customers may not attempt to interfere with service to any user, host, or network ("denial
of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate
attempts to overload a service, and attempts to "crash" a host.
3. Customers may not use any kind of program/script/command, or send messages of
any kind, designed to interfere with a user's terminal session, via any means, locally or by
4. Customers must safeguard their account passwords to prevent unauthorized access to
5. Users who violate systems or network security may incur criminal or civil liability. PENARTH ONLINE
will cooperate fully with investigations of violations of systems or network security at
other sites, including cooperating with law enforcement authorities in the investigation of
suspected criminal violations.
1. Harassment, whether through language, frequency, or size of messages, is
2. Customers may not send email to any person who does not wish to receive it. If a recipient
asks to stop receiving email, the Customer must not send that person any further email.
3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam").
This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements,
and political tracts. Such material may only be sent to those who have explicitly requested it.
4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes
to receive such mailings.
5. Malicious email, including but not limited to "mailbombing" (flooding a user or site with very
large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous
responses) is prohibited.
6. Forging of header or any other information is not permitted.
7. Subscribing someone else to a mail list or removing someone else from a mail list without
that person's permission is prohibited.
8. PENARTH ONLINE accounts or services may not be used to collect replies to messages sent from another
Internet Service Provider, where those messages
violate this Usage Policy or the usage policy of that other provider.
IRC (Internet Relay Chat)
1. PENARTH ONLINE is not liable for the content of any communications made on IRC.
2. IRC robots ("bots" or "clones") or IRC sessions may not be run from PENARTH ONLINE' shared server accounts.
3. Customers may not attempt to impersonate others or use IRC anonymously by disguising
their hostname or username.
4. Customers are prohibited from using IRC scripts or programs that interfere with or deny
service to other users on any server or host. Customers are also prohibited from engaging in
activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering
text with the intent to fill the screens of others), "flashing" (disrupting terminal emulation),
"takeovers" (forcibly seizing operator privileges), attempting to send private messages to those who do
not wish to see them (via "ignore"), attempting to return to a channel after being banned from it, and
other disruptive behaviors.
1. PENARTH ONLINE will not sell or knowingly disclose its customer lists or customer email or listserv address lists.
We will attempt to protect the privacy of our Customers and their information that is stored on our network.
PENARTH ONLINE will only access and disclose information as necessary to comply with applicable laws and government
requests, to operate and maintain our systems and services, or to protect ourselves or our Customers.
2. PENARTH ONLINE will not monitor or disclose a Customer's private email messages unless required by court order
or law. We will cooperate with the authorities and will notify such authorities if it suspects that a Customer
is engaged in illegal activities.
THE USAGE POLICY DEFINES THE ACTIONS WHICH PENARTH ONLINE
CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED.
THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE,
AND ARE PROVIDED SOLELY FOR GUIDANCE TO PENARTH ONLINE' CUSTOMERS.
If you are unsure whether any contemplated use or activity is prohibited, please use our online forms and we will
assist you. Please note that the activities set forth above are also not permitted from other Internet Service Providers
on behalf of, or to advertise, any service hosted by PENARTH ONLINE, or connected via our network
and other networks that we are connected to. Furthermore, such services may not be advertised via deceptive marketing policies.
PENARTH ONLINE must further limit any exceptions made to the Usage Policy as secondary in regards to server and network
security, performance and integrity. Any user, regardless of exception status, may have his or her service disabled
if it is interfering with our servers or network.
Specific questions about this policy should be filled out on our online forms. Reports of activity in violation of this
policy may be sent via registered post to our head office.
3. TRADEMARK ABUSE
Before you sign up for any domain name with us, you must explicitly assert that to your knowledge
you are not abusing any trademark or other statutes. If in daught seek legal advice.
4. DISPUTE RESOLUTION
PENARTH ONLINE is not part of a dispute between a trademark owner and a Registrant. We cannot
arbitrate between two disputing parties. Procedures for disputes are already in place, please jump to these pages.
Solution Dispute Resolution (.com .net .org)
- Patent Office
Please note: Your statutory rights are not affected