Terms & Conditions of business for domain names and shared hosting services

Please Take Note: By placing an order for web hosting and/or domains, you agree to the following Terms & Conditions which form the basis of service agreement between yourself and Deziner Host Solutions.

1. Definitions
"Services" means domain name registration, web site hosting, e-mail and any other service or facility provided by us to you.
"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.

2. Domain Name Registration
2.1 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. It is the proposed registrants responsibility to notify Deziner Host Solutions of any problems relating to the registration whether successful or failed within 72-hours of the request for registration. Any action taken by you before such notification is at your risk.
2.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be nonrefundable notwithstanding refusal by the naming authority to register your desired name.
2.3 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 whatsoever, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
2.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
2.5 A .co.uk domain is registered in your name for 2 years and .com and .net domains are registered for 1 year in your name.
2.6 Domain forwarding consists of a monthly bandwidth limit of 100MB. Any additional bandwidth usage of this feature is chargeable at standard rates.
2.7 Usage of sub-domain or domain forwarding feature should remain in the essence of the primary domains web hosting theme and as it should be noted that multiple web sites will not be allowed on the same web hosting account under the control of Deziner Host Solutions or any of it's subsidiaries under any circumstances whatsoever.
2.8 Complimentary new domain name registrations included with any promotional hosting product purchase may only be associated as the primary domain name of the the purchased promotional hosting product.
2.9 By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the following terms and conditions - click here for Nominet terms.
2.10 By submitting a registration request for any other domain name, you are agreeing to the rules and regulations of the respective registry which may change from time to time. Such registry specific policies can be obtained directly from the registry or by contacting Dziner Solutions.
2.11 Domain names registered through Deziner Host Solutions and not hosted on the Deziner Host Solutions network will be subject to a R50.00 annual administration charge per domain name prior to any administrative tasks being performed such as transfer acceptance or nameservers record update. This administration charge will remain active for each year that such domain names are not hosted on the Deziner Host Solutions network. This administration charge does not apply to domain names that have been previously hosted on the Deziner Host Solutions network for more than 90-days.

3. Web Site Hosting and E-mail
3.1. 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 server.
3.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the server.
3.3 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,
3.3.1 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 authorize or permit any other person to do so.
3.3.2 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 offense 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.
3.3.3 you will not send bulk e-mail whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk e-mail.
3.3.4 you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
3.3.5 any file you store on the Server will be reachable via a hyperlink from a page on your site.
3.3.6 you will not use remote hot linking of image files and file downloads.
3.4 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 unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
3.5 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 customers.
3.6 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.
3.7 In the case of an individual user, you warrant you are of a mature age and understand you are liable for your actions.
3.8 Any access to other networks connected to Deziner Host Solutions, dzinersolutions.com, dzinersolutions.co.uk, dzinersolutions.co.za or any other Deziner Host Solutions site must comply with the rules appropriate for those other networks including but not limited to the Acceptable Use Policy(A.U.P.). Also certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, and all other software including freeware, shareware and trial software are forbidden.
3.9 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 unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of e-mail or for any other failure of e-mail.
3.10 Reselling of disk space by customers of Deziner Host Solutions or any other site belonging to Deziner Host Solutions is not permitted in anyway. If you are found to be reselling disk space or hosting more than one web site on the same hosting account, you will be given two days to remove all accounts which you have made a payment for. If you fail to remove any accounts for which you have made payment then your web site will be taken off-line until we approve you to reopen your site at the discretion of management with the requested features removed.
3.11 Deziner Host Solutions will host South African .co.za domain names subject to successful delegation to our name servers, and also on condition, that authorization is given to Deziner Host Solutions to initiate the delegation of domains to be hosted on our servers to name servers on our network.
3.12 Audio and video files are not allowed on our network under any circumstances due to resource issues and common unauthorized use.
3.13 Compressed file formats as well as any other file format over the size of 500kb are disallowed and the use of compressed file formats to disguise the hosting/download of disallowed/illegal files constitutes breach of contract.
3.14 For security reasons, executable files are disallowed.

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 downtime 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 30 days you will be notified of the reason. After 30 days your account will be removed from the server without any copies being made to any type of storage devise.
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 more than one user logged in then your control panel access will be suspended. 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 sub-clause, we shall have the right to cancel the account and terminate the services and/or this agreement immediately.

5. Payment
5.1 All payments must be in the stated amount e.g. UK Pounds Sterling, United States Dollar, European Euro or South African Rand. If you pay by cheque and your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" fee.
5.2 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 in advance of our service provision.
5.3 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. Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the services, including without limitation, clearance and/or consents in respect of your proposed domain name.

7. Indemnity
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. Termination
Without in any way limiting our rights under sub-clause 4.3
8.1 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.
8.2 if you break any of these terms and conditions, we may terminate this agreement forthwith upon written notice.
8.3 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 terminate this agreement forthwith without notice to you.
8.4 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. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your web site as we think fit.
8.5 We may terminate your site for any reason we deem fit and any refund will be at the sole discretion of company management.
8.6 If we can no longer supply these services (web hosting, domain names etc.) as specified on our web-site, we hold the right to terminate such services as is necessary due to trading circumstances that might prevail. In such a situation we do not need to give you any notice of such termination.
8.7 During the first 30 days of any new standard annual prepaid hosting account processed online only, you are entitled to a complete refund of all fees paid with the exclusion of domain name registration, any additional data transfer fees used in excess of allocated hosting account, extra features ordered and neither any promotional hosting plans which contain free giveaways. Should you decide to cancel the Services, you will not be entitled to a refund on this basis that you have previously held an account with Deziner Host Solutions for more than 30-days nor if the hosting account you haveheld has found found in violation of any of the standard Terms & Conditions of business.
8.8 Any other refunds other than in 8.7 will be given at the sole discretion of the Company Management.

9. Limitation Of Liability
9.1 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 sub-clause
9.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
9.3 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.
9.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
9.5 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 what so ever.

10. Notices
Any notice to be given by either party to the other may be sent by either e-mail, fax or recorded delivery to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by e-mail shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

11. Misuse Of System Resources
Including but not limited to employing cgi scripts which consume excessive CPU time, bandwidth or storage space. Note that chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances and certain incoming mail servers services are unavailable for incoming mail to accounts. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. We reserve the right to determine what constitutes acceptable use. No web hosting plan account should utilize more than 40 percentage of the total data transfer allocated to a web hosting plan account for the transmitting of electronic mail data as well as no more than 50 percentage of the total data transfer allocated to a web hosting plan account for the transmitting of website data and as well as no more than no more than 20 percentage of the total data transfer allocated to a web hosting plan account for the transmittal via File Transfer Protocol. These percentage limits are also applicable as a daily pro-rata limits to prevent resource abuse which results in resource monopolization which is deemed unfair. The aforementioned resource usage limits(40%/50%/20%) do not apply to Unix Zone Accounts signed-up on or after 1st November 2005.

12. Law
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.

13. Headings
Headings are included in this agreement for convenience only and shall not affect the construction or interpretation of this agreement.

14. Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this agreement.

15. Registered offices
The head office of Deziner Host Solutions is as follows: Fig Cottage, North Elm Farm, Chew Magna, BS40 8RW. Postal Address : P.O. Box 1177, Bristol, BS39 4WU.