General
In the following, 'we', 'our', or 'us' means PEYMA Ltd, and 'you', 'your' or 'the customer' means you the subscriber to our services. 'Services', or 'account' refers to services provided by us to you.
You are required to adhere to these terms and conditions or any Acceptable Use Policies (AUP) as and when these are published by us. If you breach these terms or those of our AUP we reserve the right to terminate your account with us at our sole discretion without notice or refund.
Payment for our services is required in advance. You will be notified when renewal fees become due and will be expected to pay them within 30 days of notification. If payment is not received within this period the services may be suspended or cancelled.
We will attempt to register your domain names immediately, but it is possible for names to appear to be available when placing an order but in reality to have been registered by someone else (there is a lag in the whois database being updated after registration occurs). If you register a name that subsequently turns out to have not been available we will of course issue a full refund. We cannot be held responsible for any other costs incurred in connection with this, you should check thoroughly that the domain names you ordered have been assigned to you by using our WHOIS page before publicising them in any way. After registration, by default we will point your domain name website address to a free parked page for your domain.
You should ensure you know the expiry date of your domain names and renew them in good time before expiry. We will send reminder emails to the account address as registered on our control panel in good time before renewal is due. But we cannot be held accountable if you do not receive these emails and a domain name is deleted due to non-renewal. It is very important that you keep your account email address up to date using our web control panel.
Once an order has been received, either by telephone, fax, email or via our online ordering system, all fees become due. Once a domain has been registered it isn't possible for us to delete the domain, so we therefore cannot offer refunds for unwanted domains.
As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes: (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name.
You acknowledge that we will make some of the information that you provide during the registration process publicly available as required by the registry for your domain name. Additionally, you acknowledge that the registry fro your name may impose guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities. We will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in our possession to review, modify or update such information.
In addition to our terms and conditions as set out here, you must also agree to be bound by the terms and conditions of the registries we use to secure your domain name, specifically:
For .uk domains, click here: Nominet UK terms and conditions.
For .com/net/org/biz/info domains, click here: INWW terms and conditions.
For .xx.com/.xx.net CentralNic second level domains, click here: CentralNic terms and conditions.
You also agree that any dispute arising from your domain registration will be bound by the appropriate dispute resolution policy, specifically:
For .uk domains, click here: Nominet Dispute Resolution Service.
For .com/net/org/biz/info domains, click here: ICANN Uniform Domain-Name Dispute-Resolution Policy.
In addition, you agree to indemnify us for all costs resulting from any such dispute.
When registering a domain name, you must have the right to use the name and by registering it you are confirming that you do have that right.
If you sell or transfer ownership of a domain, there may be a charge levied by our registrars for changing the owner's name/address details, you will be liable for this charge.
We reserve the right to take legal action to recover any debts.
We reserve the right to apply an administration charge for late or non-payment of an account. This fee shall not exceed £200 + VAT plus the amount outstanding.
You may not use our internet services to promote, distribute or advertise:
Pornography or other obscene material.
Firearms and other weapons.
Racist or other menacing material.
Material which breaches a third parties intellectual property rights including copyright or other trade secrets.
SPAM email, including bulk email software and lists of email addresses, except where all of the addressees have given their permission.
Other libelous or illegal activities or activities deemed to be in breach of the Data Protection Act.
You may not use our internet services to abuse or deny service to other internet users. This includes, but is not limited to, mailbombing and sending abusive email.
We will not host or advertise domain names which in themselves could be deemed offensive to others.
You must not promote services we supply, or your own sites hosted on or forwarded to by our servers, using methods such as bulk emailing or excessive news group postings, or posting to newsgroups whose charter specifically prohibits advertising. You must also not use the webspace provided to diseminate large files, such as mp3 samples etc. We reserve the right to suspend or terminate any account or service at our sole discretion.
We are not responsible for any use you make of our services. In addition you agree to indemnify us against any of the effects of your use or misuse of our services, or claims resulting from that use or misuse.
We shall take reasonable measures to endeavor to maintain our services, but you will not be eligible for any compensation because of any loss or unavailablity of any service we provide. We reserve the right to change any service at any time.
We shall not be held responsible for any loss however caused resulting from any suspension or unavailability of any service.
You are responsible for any material stored on our servers. We shall not be held responsible for any loss, however caused, of this material.
You are required to keep the contact details you provided to us up to date. We may use these addresses to contact you by post or email from time to time, but these addresses will not be passed to any other companies, unless required in order to register a domain name.
You will keep any password secret and will not disclose it to any third party. You will notify us and change any password you believe has been compromised.
The email facilities we provide are intended to allow you to provide a professional presence for you or your customers domains, they are not to be used to provide a general purpose email service like hotmail, or for the sending of bulk email of more than 100 messages a day through our SMTP servers without prior arrangement.
These terms and conditions shall be governed by and construed in accordance with the laws of England and the customer agrees to submit to the exclusive jurisdiction of the English courts.
If any part of these terms and conditions or any associated Acceptable Use Policies shall be held invalid or unenforcable, this shall not affect the enforcablity of any other part of these terms and conditions and Acceptable Use Policies.
The term PEYMA Ltd. refers to, and encompasses, PEYMA Ltd. employees, services, subcontractors and any service providers or/ and partners.
The terms "website" and "web site" refered to in our documents are of identical terminology, irrespective of your country of origin.
Terms of Hosting Service
YOUR USE OF THE PEYMA Ltd. HOSTING SERVICE IS SUBJECT TO THESE TERMS AND CONDITIONS, aswell as terms stated in the GENERAL section.
By accessing or using the service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the service
The following is not permitted
No Warez/Hacking Sites
No Bulk Emailing
No Adult Material
No file archives for distribution. Ex: Shareware, Clip Art, MP3s
Highlights of our Agreement
Everything on our servers must be legal within the EU & USA. Our disk space may only be used for web site material. Backing up data from other computers is a violation of our service. Please view our Acceptable Use Policy for more information.
Warranty Disclaimers
For legal reasons we disclaim any warranties, expressed or implied with respect to the service including (but not limited to) implied warranties of merchantability and fitness for a particular purpose or which otherwise arise from trade usage or course of dealing.
PEYMA Ltd. does not warrant or represent the accuracy or quality of information obtained through the Service. PEYMA Ltd. is not responsible for any loss of data from delays, non-deliveries, misdeliveries, or service interruptions, whether caused by the Service Provider negligence or Customer errors and/or omissions or due to any other cause.
As a condition precedent to obtaining any Customer rights under the terms of this Agreement, Customer specifically agrees that no claims shall be made by Customer against PEYMA Ltd. arising from the content of messages published by any other PEYMA Ltd. customer or other third party. Any claims between PEYMA Ltd. customers, including but not limited to requests for depublication or retraction, shall be resolved between the customers themselves without PEYMA Ltd. involvement.
Customers Liability
This Service may only be used for lawful purposes. You are prohibited from transmitting via the Service any unlawful or otherwise harmful material nor shall any information or materials be transmitted in violation of any local, state, or Federal regulation(s) or applicable international covenant or treaty. You agree to comply with all federal, state, local and foreign laws and regulations, as applicable.
Without limiting the foregoing, you are prohibited from sending or receiving information which infringes on a third party intellectual property rights, threatening, obscene or offensive material to the extent prohibited by the Telecommunications Act of 1996, material protected by trade secret, fraudulent credit card information, fraudulent computer information, and data which enables breach of firewalls or other forms of unauthorized access to protected files. The use of the Service to transmit certain kinds of information (including without limitation, computer software and other technical data) in violation of export control laws and other regulations of the United States, whether that information is received abroad or by foreign nationals within the United States is also prohibited.
You agree to indemnify and hold harmless PEYMA Ltd. from any claims resulting from customer use of this Service that results in claims by a third party or a violation of law. Such indemnification shall include reimbursement of all PEYMA Ltd. costs and legal fees incurred in connection therewith.
In the event that PEYMA Ltd. determines that inappropriate usage of this account warrants immediate termination, reasonable efforts will be made to inform customer in writing of this action but PEYMA Ltd. shall take such further steps as required by law or court order.
PEYMA Ltd. reserves the right to delete or limited access to any material at PEYMA Ltd. sole discretion, should such material come to PEYMA Ltd. attention. In such cases, PEYMA Ltd. shall attempt to notify customer within 24 hours of such action.
Notwithstanding the foregoing, Customer acknowledges and agrees that PEYMA Ltd. customer and practice is to not monitor, review, limit, censor or control content transmitted on the Service. Customer further acknowledges and agrees that it is practicably and technically not feasible for PEYMA Ltd. to attempt to do so to any degree. Nothing in this agreement shall be deemed to imply that PEYMA Ltd. can or will monitor, review, limit censor or otherwise control content transmitted or stored on the Service. Customer shall be solely liable for the Content transmitted or stored.
Customer warrants and represents that all information published by Customer via the Service is either owned by Customer or that Customer has obtained the requisite licenses granting Customer permission to electronically publish the material.
Notwithstanding these warranties, PEYMA Ltd. disclaims any liability for actual or alleged infringement of copyright, patent, trademark or other intellectual property rights of third parties resulting from Customer use of the Service.
Financial Obligations
The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". Full payment is required in advance, before hosting service is established. You grant PEYMA Ltd. the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by PEYMA Ltd. according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that PEYMA Ltd. may require) is accurate and truthful.
If your payment is returned to us unpaid your account will be deemed to be in default and you will be charged a returned check charge of £25 in addition to interest and penalties as further provided herein and a £25 processing fee for charge backs. Accounts in default may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.50 percent per month on the outstanding balance. If your state law does not allow an interest rate of 1.50 percent per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay PEYMA Ltd. reasonable expenses, including attorney fees and collection costs, incurred in enforcing its rights under this Agreement.
Termination of Service
This Agreement may be terminated (i) by either party by giving the other party 90 day prior written notice (subject to an early cancellation fee as provided below), (ii) by PEYMA Ltd. in the event of nonpayment by Customer, (iii) by PEYMA Ltd, at any time, without notice, if, in PEYMA Ltd's judgment, Customer is in violation of any term or condition of the Usage Policy or customer use of the Service disrupts or, in PEYMA Ltd's judgment, could disrupt, PEYMA Ltd's business operations.
If you cancel after the first 90 days from the opening of your account, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. PEYMA Ltd. will refund to you the prepaid fees for basic hosting for the full months remaining after effectiveness of cancellation, less any prior fees and charges, including an early cancellation fee of £30. All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation.
YOUR SIGNATURE ON A HARD COPY OF THIS AGREEMENT IS NOT REQUIRED IN ORDER FOR THE AGREEMENT TO BE LEGALLY BINDING ON YOU. YOUR USE OF THE SERVICE, HAVING THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED A HARD COPY OF THIS AGREEMENT.
Use and Misuse of the Services
All complaints of abuse, violation and misuse of the Services, whether described in this section or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: abuse@peyma.co.uk . You are responsible for all use of your website, with or without your knowledge or consent.
You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.
When PEYMA Ltd. becomes aware of possible violations of this Agreement, PEYMA Ltd. may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on PEYMA Ltd's servers. PEYMA Ltd., in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD PEYMA Ltd. HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY PEYMA Ltd. AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM PEYMA Ltd. AS A RESULT OF PEYMA Ltd's DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PEYMA Ltd's CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
Use and Misuse of Materials
Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of PEYMA Ltd's servers. You may not post, upload or otherwise distribute copyrighted material on PEYMA Ltd's servers without the consent of the copyright holder.
Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
PEYMA Ltd. supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, PEYMA Ltd. will not substitute itself for a court of law in deciding tort claims raised by the third party.
Email Use
Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by PEYMA Ltd. by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated.
You should not send email to any user who does not wish to receive it, either at PEYMA Ltd. or elsewhere. PEYMA Ltd. recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.
You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. PEYMA Ltd. may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.
Violations of the PEYMA Ltd. policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that PEYMA Ltd. resources are affected, PEYMA Ltd. staff may shut down your mailbox.
System Security
You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at PEYMA Ltd. or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
If you are involved in violations of system security, PEYMA Ltd. reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. PEYMA Ltd. will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
System Resources
System abuse includes any use of PEYMA Ltd. resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.
Any usage of 10% or more of PEYMA Ltd's system resources is an undue burden on PEYMA Ltd's system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice. Further, running programs in the background on a PEYMA Ltd. server without PEYMA Ltd's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, mailing lists that send more then 100 emails a day and the like are not acceptable uses of PEYMA Ltd's servers
Terms of website design or modification
PEYMA Ltd. reserves the right to use any website designed and/ or modified by us as a reference site for our marketing purposes without prior consent from you.
Once a website is completed and accepted by you, PEYMA Ltd. is no longer held accountable or responsible for it or its content, unless agreed in writting.
All services and products to, and related with, your website, including the registration of your Domain Name, is:-
Suspended - In the event that you fail to provide full payment exceeding a period of 30 days from the due date.Permanently Terminated - In the event that you fail to provide full payment exceeding a period of 60 days from the due date.
Once a website is suspended, neither you nor any one else will be able to access it or its related services/ products including e-mails, e-commerce, Domain Name etc..
Once your account (which also includes your website, its content, e-mails, Domain Names, services or products) is terminated, or deleted, then PEYMA Ltd. will not be liable whatsoever as a result of this termination. PEYMA Ltd. will then reserve the right to re-register the effected Domain Name(s).
You must not remove references and links to the PEYMA Ltd. website, and its representing Domain Names, from your website with out our written permission.
Terms for leasing a Website
The above Terms and Conditions apply's to the Website Leasing services from PEYMA Ltd.
The website and the Domain Name remain the property of PEYMA Ltd..The termination of the leasing agreement will result in the permanent failure to access any services, the Domain Name, the website, e-mails and all contents. Once your leasing agreement is terminated, PEYMA Ltd. will not be liable for any damages whatsoever resulting from the loss of the website, the Domain Name, e-mails and other services or products provided under the leasing agreement.
There is a minimum of 3 months leasing contract, which must be paid in advance and is strictly non-refundable.
You must re-new the leasing agreement at least 15 days prior to its completion. Failure to do so will result in an automatic termination of your lease on its completion. It is your responsibility to ensure that the leasing agreement is re-newed.
PEYMA reserves the right to terminate a leasing agreement if you are found to be in breach of our Terms and Conditions as stated in this page.
If PEYMA refuses to re-new your leasing agreement, you are then provided with option to purchase the website and the transfer of the Domain Name. The purchase fee of the website and the transfer of the Domain Name will not exceed a one off payment of more than £200. PEYMA Ltd's responsibility ends at providing you with a cd of your website and the transfer of the registration of the Domain Name.
Fees
25% of the totall fee is charged in advance as a non-refundable deposit (All Domain Name registrations must be fully paid in advance).
For assistance regarding our Terms and Conditions:- click here
