By using this web site you are expressing your agreement with these terms.
Definitions
1."NuvoNet" means P S Leedal and C A Wood trading as NuvoNet whose registered office is located at 4100 Park Approach, Thorpe Park, Leeds LS15 8GB.
2. "NuvoNet Web Site" means the NuvoNet Web Site located at http://www.NuvoNet.net.
3. "Customer" means the person applying for the Services supplied by NuvoNet.
4. "Services" means those services posted on the NuvoNet Web Site as selected by the Customer and which the Customer wishes NuvoNet to provide.
5. "Server" means the computer server equipment operated by us in connection with the provision of the Services.
6. "Web Site" means the area on the Server allocated by NuvoNet to the Customer for use by the Customer as a site on the Internet.
7. "Domain Name" means the domain name the applicant wishes to register, display and exploit on the Internet.
8. "Registry" means the relevant domain name registry with whom NuvoNet arranges to register the Domain Name.
9. "Order" means the order received from NuvoNet Web Site which the Customer has created using the shopping software, or instruction received in the post from the Customer for Services.
Supply of Services
10. NuvoNet will provide the Services to the Customer subject to the Terms and Conditions contained in this document.
11. NuvoNet will exercise reasonable skill and care in providing the Services but 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 NuvoNet 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 NuvoNet for provision of Services.
12. NuvoNet will commence performance of the Services on receipt of the Payment 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 Order under the Consumer Protection (Contracts concluded by means of distance communication) Regulations 2000 (as amended or modified).
13. NuvoNet reserves the right to revise the fees or services without notice.
Domain Name Registration
14. NuvoNet make no representation that the Domain Name the Customer wishes to register is capable of being registered by or for the Customer. The Customer should therefore not assume registration of the Customer's requested Domain Name(s) until the Customer has been notified that it has or they have been registered.
15. The initial Registration period is as selected by the Customer; 1-10 years for .com, .net and .org Domain Names, 2-10 years for .info and .biz Domain Names, 1 year for .eu and 2 years for all others. Thereafter the Registration may be renewed indefinitely for further periods (of one or more years for .com, .net, .org and .eu Domain Names and 2 years for all others), on payment of the renewal fees applicable at the time of renewal. All renewals will be subject to NuvoNet's Terms and Conditions current at the time.
16. In the event that the Domain Name is not successfully registered with the Registry or if NuvoNet refuses to accept the Customer's Order for any reason, NuvoNet will refund the fees to the Customer. In certain cases, NuvoNet reserves the right to withhold an administration fee. NuvoNet will not be liable to the Customer for any loss or damage resulting from the inability to register the Domain Name or any refusal by NuvoNet to accept the Customer's Order. If, after registration, the Customer is forced to relinquish the Domain Name or cancels the Order for any reason NuvoNet will not be liable to refund the fees to the Customer.
17. The registration and use of the Domain Name is subject to the terms and conditions of use applied by the relevant naming authority. These are available for inspection as follows: Nominet: http://www.nominet.org.uk/registrants, Internet Names WorldWide: http://www.inww.com/policies/, CentralNIC: https://www.centralnic.com/support/terms/domains, European Registry of Internet Domains: http://www.eurid.eu/files/trm_con_EN.pdf, ICANN: http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
18. NuvoNet will supply DNS service to host the Domain Name either on Servers owned and operated by NuvoNet or on other third party owned and operated Servers.
19. NuvoNet accepts no responsibility for the use of any Domain Name on the register of Domain Names and in particular for any conflict with trademarks, registered or unregistered, or with rights to names in other contexts.
20. NuvoNet will use its reasonable endeavours to ensure that the appropriate details of the Customer's registration are correctly entered and maintained with the Registry. Under no circumstances will NuvoNet be liable for any loss of profit and/or business suffered by the Customer.
21. NuvoNet will not register Domain Names considered by NuvoNet and at NuvoNet's sole discretion to be of an explicit sexual or indecent or racist nature or for any other reason that NuvoNet deems would adversely affect NuvoNet’s name or business activities.
22. NuvoNet agrees to transfer and/or release Domain Names or carry out nameserver changes free of charge. However, a Domain Name will not be released until payment for the Domain Name has been received in full. Transfer requests will be carried out as quickly as possible, but NuvoNet shall not be responsible for any delay in effecting such a transfer. NuvoNet will not transfer and/or release a domain name without receiving confirmation in writing from the registrant. NuvoNet at its sole discretion may withhold the transfer of a domain name if there are outstanding payments due to NuvoNet until such times as the payments are made.
23. The Customer understands and acknowledges that by submitting a request to transfer a Domain Name, the Customer releases NuvoNet from all obligations, claims, liabilities and/or demands arising out of or in relation to these Terms and Conditions.
24. The Customer warrants to NuvoNet that neither the Registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes the legal rights of a third party.
25. The Customer warrants to NuvoNet that the details submitted by the Customer to NuvoNet are true and correct, and that future additions or alterations to those details will be true and correct.
Web Site Hosting
26. NuvoNet make no representation and give no warranty as to the accuracy and quality of information received by any person via the Server and NuvoNet shall have no liability for any loss or damage to any data stored on the Server.
27. The Customer shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
28. The Customer represents, undertakes and warrants to NuvoNet that the Customer will use the Web Site allocated only for lawful purposes.
In particular:
28.1. the Customer 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 the Customer authorise or permit any other person to do so.
28.2. The Customer will not post, link to or transmit:
(i) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(ii) any material containing a virus or other hostile computer program
(iii) any material which constitutes or encourages the commission of a criminal offence, 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 jurisdiction.
29. The Customer shall keep secure any identification, password and other confidential information relating to his account and shall notify NuvoNet immediately of any known or suspected unauthorised use of his account or breach of security, including loss, theft or unauthorised disclosure of his password or other security information.
30. The Customer shall observe the procedures which NuvoNet may from time to time prescribe and shall make no use of the Server which is detrimental to other Customers.
31. The Customer shall procure all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.
32. In the case of an individual user, the Customer warrants that he is at least 18 years of age and if the Customer is a company, he warrants that the Services will not be used by anyone under the age of 18 years.
33. Whilst NuvoNet will use every reasonable endeavour to ensure the integrity and security of the Server, NuvoNet do not guarantee that the Server will be free from unauthorised users or hackers and NuvoNet shall be under no liability whatsoever for non-receipt or misrouting of email or web sites or for any other failure of email or web sites.
34. Cancellation of Web Hosting must be notified in writing by the Customer to NuvoNet, giving 14 days notice. Refund of fees is at the discretion of NuvoNet and will be taken from the beginning of the month following cancellation, ie whole months only will be refunded.
General
35. Pornography and sex-related merchandising are prohibited on any NuvoNet Server.
36. Spamming, flaming or the sending of unsolicited email from a NuvoNet Server an using email address that is maintained on a NuvoNet server for such purposes is strictly prohibited. As is any other activity that could result in NuvoNet’s servers being listed on Internet Block Lists or adversely affects NuvoNet’s business or other Customers,
Service Availability
37. NuvoNet shall use our reasonable endeavours to make available to the Customer at all times the Server and the Services but NuvoNet shall not, in any event, be liable for interruptions of Service or down-time of the Server.
38. NuvoNet have the right to suspend Services at any time and for any reason without notice, but if such suspension lasts or is to last for more than 30 days the Customer will be notified of the reason.
Data Protection
39. Any information which is personal data will be used solely for the purposes of assessing the Customer's request for Domain Name registration and provision of Services.
40. NuvoNet does not hold the Customer's credit card details.
41. Personal data will not be supplied to any third party other than the Domain Registry for the purpose of Domain Name Registration.
42. The Customer's personal data will form part of the Customer's records and NuvoNet will be entitled to use it for purposes connected with the provision of Services.
43. NuvoNet will not sell, rent or lease Customer details to any other company.
44. NuvoNet may wish to use Customer details 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 NuvoNet indicating that he does not wish to receive such information.
Intellectual Property Rights
45. The Customer shall obtain any and all necessary consents and clearances to enable the Customer lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of the Customer's proposed Domain Name.
Indemnity
46. The Customer will be responsible for and will fully and effectively indemnify and keep indemnified NuvoNet, 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 resulting of any breach of the Customer's obligations by either the Applicant, its employees, agents or contractors.
Termination
47. NuvoNet shall be entitled to terminate the Services immediately without notice if the Customer is in material breach of any obligation under these Terms and Conditions.
48. If the Customer becomes insolvent or suffers the appointment of an administrator or administrative receiver or enters into a voluntary arrangement with his creditors, NuvoNet shall be entitled to terminate the Services forthwith without notice to the Customer.
49. NuvoNet shall be entitled to terminate the Services immediately without notice if the Customer or one of his/her agents is abusive or threatening towards NuvoNet staff in the pursuance of their duties.
50. The Customer shall be entitled to terminate the Services immediately upon giving notice to NuvoNet if NuvoNet is in material breach of any obligation related to the Services purchased by the Customer and, in the case of a breach capable of remedy, it has not been remedied by NuvoNet within thirty days following receipt of a written notice from the Customer specifying the breach and requiring its remedy.
51. The Customer shall be entitled to terminate the Services immediately if NuvoNet becomes insolvent or suffers the appointment of an administrator or administrative receiver or enters into a voluntary arrangement with their creditors.
52. On suspension or cancellation of the Services NuvoNet shall be entitled immediately to suspend the Customer's Web Site and/or email services and/or DNS services and to remove all data stored on NuvoNet’s servers. NuvoNet shall be entitled to delete all such data, but NuvoNet may, at its discretion, hold such data for such period as NuvoNet decide to allow the Customer to collect it at his own expense, subject to payment in full of any amounts outstanding and payable to NuvoNet. NuvoNet shall further be entitled to post such notice in respect of the non-availability of the Customer's Web Site or Email or DNS services as appropriate.
Limitation of Liability
52. All conditions, terms, representations and warranties relating to the Services supplied by NuvoNet, 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 the next subclause.
54. Nothing in these Terms and Conditions shall exclude our liability for death or personal injury resulting from our negligence.
55. In any event no claim shall be brought unless the Customer has notified NuvoNet of the claim within one year of it arising.
56. In no event shall NuvoNet be liable to the Customer for any loss of business, contacts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
