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Terms & Conditions

PeakEasy Design (eBooks-UK Ltd.)
Terms and Conditions
(updated 25 October 2010)

Web Hosting, Website Design & Development, Domain Registration, eShop Accounts, SEO, Email Marketing, etc.
1. Charges for web hosting, website development & design, eShop accounts, SEO and domain registration are payable monthly only by Standing Order.  Minimum contract for all Standing Order Plans is for a period of not less than 24 months, after which the account may be continued on a month by month basis for as long as the Standing Order is paid.  We do however require THREE MONTHS NOTICE IN WRITING, if you wish to terminate your account at any time, so we can set your domain name(s) to expire, otherwise they will be renewed automatically.  If the client defaults on Monthly Standing Order Payments, PeakEasy Design (eBooks-UK Ltd) reserves the right to suspend all Pay-As-You-Go accounts, eShop accounts, web design & development accounts, SEO and regular updating contracts, web hosting accounts,  email accounts & services, domain name renewals and any other Internet services provided by us, after 14 days notice of suspension. Following the end of the 24 month period, eShop contracts and web hosting contracts etc. may be retained on a month by month basis provided the monthly payments continue to be remitted by Standing Order.  We require 90 days notice thereafter if you wish to terminate your account, and the monthly payments should still be remitted for three months following your written notice of cancellation to our registered address. Credit/debit card payments may also be made by telephone.  A 5% handling charge will be made for card payments. (Charges for web hosting packages are as listed on our website). Payments by cheque are acceptable only when drawn on a U.K. bank and must be in GBP. Hosting services and eShop accounts will not be provided or renewed until payments have cleared. Cheque payments are payable within 14 days. PLEASE MAKE CHEQUES PAYABLE TO: ‘EBOOKS-UK LTD’ PeakEasy Design (eBooks-UK Ltd.) reserves the right to deactivate accounts which are not settled within 14 days of the payment due date or if the client defaults on monthly payments by Standing Order. If you have any queries, please email support@peakeasy.co.uk or tel: 01246 236123.
2. You may not store more data in your account than your allotted virtual server space. 
3. If you require direct FTP access to our servers, you must state this requirement on application. We do not provide direct access to our servers unless explicitly stated by you on first application to PeakEasy Design that a hosting account only is required, and that you will be providing your own web content or using the services of another web designer or developer.
4. If we have provided web design services, you undertake to approach us in the first instance to make any changes to the content and design of your site required by you in the future, subject to our usual hourly charges and/or conditions of any web support contracts in operation at that time. If you do not require our web design services, we are under no obligation to provide you with web hosting services.  You are free to transfer your domain name and hosting account to another web services supplier, subject to the conditions stated above regarding cancellation of contracts (see also Paragraph 13: Refunds, below).
5. Your virtual server (inc FTP access) is for your personal/business use only. You must not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.
6. Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your virtual server.
7.  We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
8.  From time to time at regular intervals we update our servers so that we can maintain an excellent service to our clients.  We may therefore need to transfer your website, hosting or eShop account, and your email accounts and services, to a new server.  Where possible, this maintenance and updating work is carried out over weekends, but you understand and accept that you may experience a temporary interruption in the services we provide while this necessary work is being carried out.  This interruption in services for maintenance is usually for no longer than 24-48 hours over a weekend, but may it may in some circumstances take longer to transfer and set up your website and email services on a new server, particularly if your website includes a database Content Management System.
8. When your account is closed, all files (including web pages, etc.) will be deleted.
9. If you misuse your hosting account or fail to pay outstanding fees for web hosting, domain registration or web design services, we reserve the right to cancel your account, remove your website from our servers, and suspend you hosting account and email services.  An additional charge may be payable to reinstate suspended services.
10. To protect your privacy we never distribute your name or e-mail address to any third parties.
11. Users must not participate in any form of un-solicited bulk e-mailing or spam.
12. By using any of our services, including our web hosting accounts, our domain registration services, our email services, our web design or development services, or our eShop accounts, or by logging into your account or uploading files to it, you understand and agree that you are indicating your acceptance of these Terms and Conditions, whether or not you have signed a Confirmation of Order.
13. Refunds:  If you take out one of our annual or 24 month hosting or eShop packages we expect you to commit for this period of time. If you cancel your account within your service period then PeakEasy Design will not make any refunds on any unused portions of your account. While we do not offer refunds for pro-rated service, you have no obligation to continue using our service.
14. You must not attempt to gain the privileges of another user. Interfering with the files or directories of another user will result in your hosting account being suspended.
15. Each virtual server includes a nominated amount of bandwidth. If you use more than this amount and you are unable to reduce your usage then you agree to pay an additional charge for the excess bandwidth used. If your bandwidth reaches the points where it has an adverse affect on other clients we reserve the right to disable your site until you can reduce your bandwidth usage.
16. Commercial use of web and ftp space is permitted.  Whether your website was designed by us or not, you are legally responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law.
17. You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s). We reserve the right to remove material deemed inappropriate or illegal from your web pages, without prior notice.
18. Cheque payments are payable within 14 days. PeakEasy Design (eBooks-UK Ltd) reserves the right to deactivate accounts which are not settled within 14 days of the payment due date.
19.  At the discretion of the management of PeakEasy Design (eBooks-UK Ltd), it may be agreed that payment can be made in whole on an annual basis or in two payments of 50% of the total charges, or in stages specified by PeakEasy Design in relation to some projects and for approved clients.  Otherwise all payments must be by monthly Standing Order. All payments for work undertaken by PeakEasy Design (eBooks-UK Ltd) must be remitted in full on final completion of web design services as listed in the original Confirmation of Order, unless Standing Order payments have been taken out. 
20. Completion Date for web design projects: in order to complete web design work in a timely fashion, we state clearly on the Confirmation of Order a Completion Date for all web design projects.  This is the final date by which all content (text and pictures etc.) for new websites must be supplied by the client, if the content is to be included under the original Confirmation of Order price.  The final payment for the web design work must also be made by this date.
21. Any content which is supplied after the Completion Date will be treated as new work and an extra payment for including it on the website will be required. Alternatively, for peace of mind you may wish to take out one of our Web Support Contracts. These cover regular updating of webpages (eg. minor textual or picture changes).  Web support contracts can be paid for by Standing Order on a monthly basis. Minimum contract of 24 months for Web Support Contracts.
24. We reserve the right to amend and update these Terms and Conditions at any time without notice.
25. Domain name transfers away may incur a £25 administration fee per domain, at the discretion of the management.
26. Terms and Conditions of PeakEasy Design regarding Domain Name Disputes are as given below (from http://www.icann.org/udrp/udrp-policy-24oct99.htm):

Notes:

1. This policy is now in effect. See www.icann.org/udrp/udrp-schedule.htm for the implementation schedule.

2. This policy has been adopted by all accredited domain-name registrars for domain names ending in .com, .net, and .org. It has also been adopted by certain managers of country-code top-level domains (e.g., .nu, .tv, .ws).

3. The policy is between the registrar (or other registration authority in the case of a country-code top-level domain) and its customer (the domain-name holder or registrant). Thus, the policy uses "we" and "our" to refer to the registrar and it uses "you" and "your" to refer to the domain-name holder.

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Uniform Domain Name Dispute Resolution Policy

(As Approved by ICANN on October 24, 1999)

1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.

2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;

b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or

c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. Mandatory Administrative Proceeding.

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a "Provider").

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").

f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. Transfers During a Dispute.

a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.