Domain
use policy
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
All services provided by Mediastyle are provided to you (the "Member")
under the Terms and Conditions set forth in this Acceptable Use
Policy ("AUP") and any other operating rules and policies
set forth by Mediastyle. The AUP comprises the entire agreement
between the Member and Mediastyle and supersedes all prior agreements
between the parties regarding the subject matter contained herein.
2. DESCRIPTION OF SERVICE
Mediastyle is providing the Member with various DNS-based aliasing
and hosting services. The Member must:
(1) provide all equipment necessary for its own Internet connection,
including computer and modem.
(2) provide for the Member's own access to the Internet and pay
any fees related with such connection, unless request made to Mediastyle
to arrange hosting services for a agreed annual / monthly fee. The
Member agrees to provide and maintain certain current, complete,
and accurate information about the Member as prompted to do so by
the Service. All information requested on sign-up shall be referred
to as registration data ("Registration Data"). Furthermore,
the Member grants Mediastyle the right to disclose certain Registration
Data about the Member and Service information where required to
do so by any applicable law or legal process. If any information
provided by the Member is inaccurate, Mediastyle reserves the right
to terminate the Member's membership and right to use the Service,
with or without notification to the Member.
3. MODIFICATIONS TO ACCEPTABLE USE POLICY
Mediastyle reserves the right to change the terms and conditions
of this AUP as necessary. Mediastyle expects the Member to actively
ensure that it agrees to the current AUP, and a modification date
will be posted on any and all copies of the AUP. Please note that
the Member's use of the Service constitutes an acknowledgement by
the Member to follow and be bound by the AUP and any modifications.
4. MODIFICATIONS TO SERVICE
Mediastyle reserves the right to modify or discontinue the Service
with or without notice to the Member. Mediastyle shall not be liable
to the Member or any third party should Mediastyle exercise its
right to modify or discontinue the Service.
5. PRIVACY POLICY
Please see the Privacy Policy for information on Mediastyle's
policies regarding the Member's personal and user information.
6. PURCHASE AND REFUND POLICY
See our detailed Refund Policy for information on Mediastyle 's
policies regarding refunds of purchases. No purchase shall exempt
the Member from any part of this AUP.
7. DISCLAIMER OF WARRANTIES
THE MEMBER EXPRESSLY AGREES THAT THIS WEBSITE AND THE USE OF THE
SERVICE IS AT THE MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. MEDIASTYLE
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
MEDIASTYLE MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE MEMBER'S
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; NOR DOES MEDIASTYLE MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
THE MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT THE MEMBER'S OWN DISCRETION AND RISK AND THAT THE MEMBER
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE MEMBER'S COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA. MEDIASTYLE MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR IN ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY THE MEMBER FROM MEDIASTYLE OR THROUGH
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE MEMBER.
9. LIMITATION OF LIABILITY
MEDIASTYLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE
OR OBTAINED OR DOMAINS MOVED OR RESULTING FROM UNAUTHORIZED ACCESS
TO OR ALTERATION OF THE MEMBER'S TRANSMISSIONS OF DATA, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER
INTANGIBLE, EVEN IF MEDIASTYLE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE MEMBER.
10. NO RESALE OF THE SERVICE
The Member's right to use the Service is personal to the Member.
The Member agrees not to resell the Service without the express
consent of Mediastyle.
11. HOST CONTENT AND OTHER LIMITATIONS
Mediastyle assumes no responsibility for the content of any material
located on the hosts provided from the Service. Mediastyle retains
the right, on Mediastyle sole discretion, to determine whether or
not the Member's conduct is consistent with the letter and spirit
of the AUP and may terminate the Service if the Member's conduct
is found to be inconsistent with the AUP.
12. MEMBER CONDUCT
The Member is solely responsible for the contents of his/her usage
of the Service. The Member's use of the Service is subject to all
applicable local, and international laws and regulations. The Member
agrees: (1) to comply with all local, national laws regarding the
transmission of technical data exported from the United Kingdom
through the service; (2) not to use the Service for illegal purposes;
(3) not to interfere with or disrupt networks connected to the Service;
and (4) to comply with all regulations, policies, and procedures
of networks connected to the Service. The Service makes use of the
Internet's DNS protocol to create and delegate domains; therefore,
the Member's conduct is subject to Internet regulations, policies,
and procedures. The Member will not use the Service for illegal
software, illegal pornography, spamming or any use of distribution
lists to any person who has not given specific permission to be
included in such a process. The Member agrees not to transmit through
the service any unlawful, harassing, libellous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of
any kind or nature. A cleanup fee of £100/hour (minimum 4
hours) may be assessed by Mediastyle for violation of these terms.
The Member further agrees not to transmit any material that encourages
conduct that could constitute a criminal offence, give rise to civil
liability or otherwise violate any applicable local, national, or
international law or regulation. Attempts to gain unauthorized access
to other computer systems are prohibited. The Member shall not interfere
with another Member's use and enjoyment of the Service or another
entity's use and enjoyment of similar services. Mediastyle may,
at its sole discretion, immediately terminate the Service should
the Member's conduct fail to conform to the terms and conditions
of the AUP.
13. INDEMNIFICATION
The Member agrees to indemnify and hold Mediastyle, its parents,
subsidiaries, affiliates, officers and employees, harmless from
any claim or demand, including reasonable solicitors' fees, made
by any third party due to or arising out of the Member's use of
the Service, the violation of this AUP by the Member, or the infringement
by the Member, or other user of the Service using the Member's computer,
of any intellectual property or any other right of any person or
entity.
14. TERMINATION
Either the Member or Mediastyle may terminate the Service with
or without cause at any time and may do so immediately. Mediastyle
shall not be liable to the Member or any third party for termination
of the Service. Should the Member object to any terms or conditions
of the AUP or any subsequent modifications thereto or become dissatisfied
with the Service in any way, the Member's only recourse is to immediately:
(1) discontinue use of the Service; (2) terminate the Member's membership;
and (3) notify Mediastyle of the Member's termination. Upon termination
of the Service, the Member's right to use the Service immediately
ceases. The Member shall have no right and Mediastyle will have
no obligation thereafter to handle domains or hosts for the Member
or any third party related to that Member.
15. NOTICE
All notices to a party shall be sent via e-mail or first-class
mail. Mediastyle may or may not broadcast notices or messages through
the Service to inform the Member of changes to the AUP, the Service,
the Website or other substantive changes; such broadcasts shall
constitute notice to the Member.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
The Mediastyle Website or the Service may include links to websites
of advertisers, sponsors or partners (the "Advertisers"),
but inclusion of these links does not constitute Mediastyle endorsement
of those websites. Mediastyle has no control over the content of
those websites or the collection and usage of personal information
at or by those websites and therefore has no liability to the Member
or any third parties for transactions on websites other than the
Mediastyle website.
The Member may enter into correspondence with or participate in
promotions of the Advertisers showing their products on the Service.
Any such correspondence or promotions, including the delivery of
and the payment for goods and services, and any other terms, conditions,
warranties, or representations associated with such correspondence
or promotions, are solely between the corresponding Member and the
Advertiser. Mediastyle assumes no liability, obligation, or responsibility
for any part of any such correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT
The Member acknowledges that the Content, including but not limited
to text, software, music, sound, photographs, video, graphics, or
other material contained in either sponsor advertisements or e-mail-distributed,
commercially produced information presented to the Member by the
Service by Mediastyle or Mediastyle Advertisers, is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws; therefore, Member is only permitted to use this
Content as expressly authorized by the Service or the Advertisers.
The Member may not copy, reproduce, distribute, or create derivative
works from this Content without expressly being authorized to do
so by the Service or the Advertisers.
18. GOVERNING JURISDICTION
This AUP shall be construed in accordance with the laws of The
United Kingdom, without regard to any conflict of law provisions.
Any disputes arising under this AUP shall be resolved exclusively
by the courts of the United Kingdom.
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