Being an applicant of domain registration or transfer and use you should know that, When you register any domain name such as .uk, .com or any other you are also entering into a contract with the related domain registry such as Nominet for .uk, ICANN & https://legal.web.com/ for .com and some other international domains registrars and you agree to their terms and conditions as well. This is a separate contract to any you may have with a third party for the provision of the services so please read before you register your domain name.
1.1 Client, Customer or User means person, firm or company, business or organization that purchases or agrees to purchase goods or services from The company.
1.2 We, The Company or Company means TheEmailShop.com
1.3 Goods or Services means the item supplied by the company as specified on the order form.
1.4 Contract means a contract for the supply of goods and services by TheEmailShop.com
2.1 These terms and conditions apply to all contracts for the sale and supply of goods and services by the company to the exclusion of all other terms and conditions which the client may claim to apply.
2.2 By completing the order form, orders by the mode of telephone or logging into your account/ uploading files the client will be deemed to have accepted and agreed to these terms and conditions.
2.3 Any variation of the terms and conditions shall be inapplicable unless agreed in writing by the company.
2.4 Any claim related to the SLA issue should be reported within 7 days of the occurrence; any claim reported after 7 days will not be entertained. Please note that we will perform a thorough inquiry into the points mentioned and share the results on the reported issue within 7 days. Further, kindly note that we will not be responsible for any losses whatsoever related to any delays due to the enquiry while the results of the enquiry/resolutions are awaited.
2.5 We reserve the right to amend and update these terms and conditions at any time without notice.
2.6 Default tenure/periods for colocation is for 24 months unless agreed otherwise
2.7 For other packages/ services, there is no requirement of a minimum period unless specifically stated
3.1 The company agrees to provide the service to the client to the extent described in the client agreement from and according to the terms and conditions of this contract. The service level shall be deemed incorporated in to this contract.
3.2 The Company offers unmetered bandwidth with some of our web hosting packages. Company operates a fair use policy of unrestricted bandwidth in some cases. However, should your bandwidth reach the points where it has an adverse effect on other clients we reserve the right to disable your site / account until you can reduce your bandwidth usage. Each account includes a set amount of bandwidth, if you use more than this amount then you agree to pay for this bandwidth at a the rate of £8 per 1Gb of usage.
3.3 The company commits to the highest level of service, however cannot absolutely commit in entirety. However in case of any problem or issue we will dedicate our max resources to resolve as soon as possible.
4.1 Cost of the services can be paid monthly, quarterly, yearly, two yearly or as advertised through credit/debit card, PayPal or Bank transfer or another method mentioned in terms and conditions.
4.2 Renewals will be due on or before anniversary of the chosen billing cycle by the customer. Account could be automatically charged close to it’s anniversary unless closure notification has already been given, 30 days in advance.
4.3 Payment for the given cycle will be taken through the customer’s preferred billing method which would be either credit card or PAYPAL or another selected at the time of first payment of updated in the system.
4.4 The company reserves the right to review the amount payable for any billing cycle, customer will be informed at least 30 days prior to any such change.
4.5 We do not offer any form of credits to the clients.
4.6 All new hosting orders are covered with the offer of our 45 days money back guarantee from the date of purchase, all other services offered by the company such as SSL certificates, domains, Setup charges, or any other charges for third party services etc. are excluded from this offer. Customer can claim money back within this period through the control panel by using the option of order cancellation and refund request. Renewal of existing accounts are not covered by this guarantee. Refund won’t be applicable in some cases such as, if the account is involved in the violation of any of the terms and conditions outlined in this document or user have started using the account and now requesting refund as it could not be operated or used properly for any reason but no fault of the company.
4.7 In some cases we offer free domain registration with web hosting or email hosting services or any other hosting services. Registered domain name will be free till its first renewal date or any other timed offer, you have to keep web/ email hosting account active to use the domain name services during its free registration period. You have to pay full domain registration price if you want partial or full domain transfer away during its free registration period. You have to pay domain name renewal and associated services separately onwards from its first renewal date.
4.8 In case of any offer or promotion, the specific terms and conditions will be mentioned along with that while in case nothing is mentioned it will be governed by the already laid out terms and conditions outlined in this document.
5.1 The initial term of this contract shall be the period described in the above and shall commence on the date of acceptance by the client. Thereafter the contract will continue on a monthly or yearly basis or as per selection at the time of checkout or intimated in written unless terminated according to the provisions below.
5.2 All account cancellations must requested by through the support system on the control panel with at least 30 day’s notice. Notifications must include user name, principal contract name and reason for cancellation from the official registered account. Third party cancellations are not accepted.
5.3 We the company reserve the right to cancel your account at any time without notice.
5.4 If your account is closed under section 6.0, all files will be deleted.
5.5 Any attempt to use the Control Panel for purposes other than its intended use will result in your account being terminated and deleted.
5.6 Any improper use by the client under any sections under 6.0 may result in immediate termination of the Company’s service.
6.1 The company’s service may only be used for lawful purposes by the client.
6.2 Any breach of terms shall be deemed a material breach of this contract and shall entitle the company to terminate the contract irrelevant whether the client is aware of the content / material transmitted or not.
6.3 We the company do not allow any illegal websites for example a website distributing pirated movies/music, audio, video, images, software, MP3’s or MP4’s, stolen license keys or passwords, or anyother improper data, file backup storage, free hosting providers, Hosting banners or graphics or any script such as cgi scripts for other websites, Storing pages/files/data as a repository for other websites, porn sites or IRC Bots.
6.4 Clients may not store more data in their account than their allotted quota or have to purchase an upgrade.
6.5 The account usage on any of our services comes under fair use policy so that your usage may not have a detrimental effect on other customers.
6.6 Clients must not participate in any form of unsolicited, bulk e-mailing and/ or spam emails.
6.7 Clients may not run server processes, such as talkers or IRC Bots from their login account.
6.8 Clients may not use FTP usage for webcam broadcasting purposes unless proper plans are in place in conjunction with the intended usage.
6.9 Any breach of the above provisions may result in an immediate withdraw of service provided by the company, warnings will be given first if possible to allow you to remove banned content.
7.1 In no circumstances whatsoever will the company be liable for economic, indirect or consequential loss arising from delays or service interruptions or data loss.
7.2 The company will not be responsible for loss occasioned by computer viruses, whether introduced by the Company’s software or otherwise.
7.3 To protect your privacy we will not distribute your name or e-mail address to any third party.
7.4 We reserve the right to remove material deemed inappropriate from the web pages, without prior notice. We do not allow Warez, Illegal MP3, MP4 web sites, free downloand website, software or other sharing websites, porn websites.
7.5 For any losses that may be occurring due to outages related to electricity, internet connectivity, cooling, data loss or any other issue, the company will not be responsible for any losses to any client or any third party that may be occurring as a result of any such instance / occurrence. The maximum liability which the company may be liable will be equal to that month’s service invoice.
7.6 Company shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of services.
7.7 Whilst the company shall quickly seek domain registration, the company shall not be liable in the event of the domain having been registered by some other person by the time the company seeks registration or renewal in which event a full refund will be paid to the client without any other liability on the part of the company for loss by the client.
8.1 It is the client’s responsibility to carry out computer virus precautions unless a service is purchased as addon.
8.2 Data stored on our servers is backed up. It is the responsibility of the client to keep independent backup files of important data. We cannot be held responsible for any loss incurred from the client’s inability to backup any files unless a backup service is purchased as addon.
8.3 Client must not leave their home directory at anytime.
8.4 Client must not attempt to gain the privileges of another user.
8.5 Any interference with the following files will result in your telnet access being removed -.bash_history – .bash_logout – .bash_profile – .bashvc etc.
8.6 Client may have commercial use of web and ftp space. This privilege must not be abused. If the company believes that this or any other facilities have been abused by the client, this will result in an immediate termination of their account.
8.7 Client will be responsible for the content of their page/s including obtaining the legal permission for any works they include and ensuring that the contents of their page/s do not violate UK or any other laws that are applicable.
8.8 The client will be responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via their page’s.
8.9 When seeking domain registration, the client will be responsible when placing an order to ensure that the domain has not been registered by some other company or person.
8.10 The Company offer WHOIS lookup address protection service with .com and some other international domain name registrations where a generic or our address details would be visible for public in WHOIS lookup for domain name ownership but The client will still remain complete owner of that domain name and The Company would not responsible what so ever for any dealing or business of any kind made by the client.
8.11 The Company sends out renewal reminder emails 30 days, 14 days, 7 days and 1 day before expiry of an account. These emails sent to the email address registered with the client’s account, it is client’s responsibility to keep the contact details up to date. Company takes no responsibility if the renewal of any product fails due to the contact details being incorrect. If there is no intention to renew the product then client must inform through the portal 30 days before expiry date.
8.12 All services associated to expired products will be suspended and client will have up to 30 days (protected period) from expiry date to renew the product at the original renewal fee, most products will be removed from the server after 30 days of suspension but only .uk domain can still be renewed within another 60 days with an additional fee, check for the fee from customer support. After the lapse of total 90 days from expiry of .UK domain, it will be cancelled and deleted from the register and will be available for resale.
9.1 The client will be given a login account, which is for personal use only. Client must not divulge their password to any other people. Also its recommended to change the password at first use.
9.2 The client shall take reasonable precautions to ensure that it is not discovered by other people.
9.3 The company reserves the right to change the password in the event of any suspected security breach.
Customer agrees that it shall defend, indemnify, save and hold TheEmailShop harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors fees asserted against the company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless the company against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with the company’s server.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from The company’s server.
This Contract is to be treated as made in England and Wales according to English and Welsh Law and subject to the jurisdiction of the English and Welsh Courts.
We provide unmetered data on our multiple packages i.e., web / server hosting and colocation packages etc which offer generous fair use data transfer unless mentioned in the specific package.
The unmetered bandwidth provides customers with up to 25 TB of data transfer per month as they wish to use without any additional charge. Customers may use this data for any purpose other than those unacceptable as stated in the Acceptable Use Policy.
Customers will receive a notice warning upon reaching 90% of this limit. Usage beyond this limit may incur a charge of £ 1 per 1 TB (1000 GB) of data transferred i.e., if usage is more than 1 TB but below 2 TB the client will be charged the price of £ 1 + £ 1 = £ 2.
Should we think that a customer’s account as exceeding fair use bandwidth consumption which causes interference with other users. We will notify the customer and allow the customer to get it sorted. However, should a customers’ bandwidth usage be significantly greater than fair use, we reserve the right to suspend or limit the speed or bandwidth of the customer so to keep the network in optimal running condition for all the clients.
Our team is always available to discuss tailor made options for high bandwidth users.
For cancellation of account / services the request will be processed only if it it submitted via the Client Portal by logging in to your account. Once you have logged into your account, just create a ticket for cancellation and the concerned team will be able to have it processed within 48 hours.
