Terms and Conditions

We want you to be happy with our services, and we will always strive to provide you with the best possible service within our capability. It is therefore important that you understand and accept the limits (in essence what we will and won’t do, and what we can and can’t do for you) within our services.

Please take a moment to read through our terms & conditions of service. If everything seem ok, then please proceed with your order. If you feel that we can’t meet your needs, or that our terms and conditions limit our ability to provide you with the service (or level of service) that you require, we thank you for taking the time to browse our site but advise that you should seek alternative arrangements with another provider.

Please click here to view and download specific service agreements.

2fourseven – General Terms & Conditions

Where the context shows: “We” or “2fourseven” this refers to Synergy Computer Services Limited t/a 2fourseven of The Trees, Sulhamstead Road, Sulhampstead Abbots, Berks, RG7 4EE. “You” includes the person purchasing the Services or any party acting on the customer’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” the relevant domain names Registry. “Server” means the computer server equipment operated by us in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet.

The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.

1. Domain Name Registration
1.1. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

1.2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.

1.2.1. By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions published at http://www.nominet.org.uk.

1.3. You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.

1.4. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.

1.5. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.

1.6. We shall not release any domain to another provider unless full payment for that domain has been received by us.

2. Internet Access
2.1. Where 2fourseven undertakes to provide You with Dial-Up or ADSL Internet Access we will use reasonable endeavours, in conjunction with any third party provider, to provide a prompt and continuing Service but will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond our control, or by errors or omissions of You. 2fourseven specifically excludes any warranty as to the accuracy of information received through the Service.2.2. Save where the Service is terminated by 2fourseven without cause, the Customer shall not be entitled to a refund of any subscriptions paid.

2.3. 2fourseven warrants that it will make reasonable endeavours to ensure that the service is provided as described in 2fourseven’s Web Site, but because the Services are provided by means of computer and telecommunication systems via. a third party provider on our behalf, 2fourseven makes no warranties or representations that any Service will be uninterrupted or error-free.

2.4. 2fourseven or the service provider may from time to time have to suspend the Services for repair, maintenance, update or improvement and in such circumstances 2fourseven will attempt to notify You as far in advance as is possible, by e-mail or web site posting, and to endeavour to keep the period of suspension to the minimum length of time necessary to carry out such works.

2.5. In light of 2.3 and 2.4 above You accept that the Service is not intended to be used in circumstances where mission critical fail-safe performance is required.

2.6. This contract shall be for a term equivalent to the subscription period (12 months) paid by the Customer until the expiry of that subscription period or the contract terminated in accordance with the terms hereof.

2.7. 2fourseven may elect to suspend or terminate the Service immediately and without prior notice, on breach of any of the terms and conditions of this contract (or in the case of anticipated breach), including without limitation late or non-payment of sums due.

2.8. You shall be liable to pay all and any additional charges in connection with the use of the Service including those levied by its telephone service provider.

2.9. You acknowledge that 2fourseven is unable to exercise control over the content of information passing over the 2fourseven network or via the Service, and 2fourseven hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.

2.10. Use of IP Multicast, other than by means provided and co-ordinated by 2fourseven, is also prohibited.

3. Web Site Hosting And Email
3.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

3.2. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes and to promptly inform us if this clause or any subclause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us:

3.2.1. you 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 you authorise or permit any other person to do so.
3.2.2. you will not upload, post, link to or transmit:
3.2.2.1. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
3.2.2.2. any material containing a virus or other hostile computer program.
3.2.2.3. 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 any jurisdiction.
3.2.2.4. any .mp3 sound files that contain illegally copied music, or legitimate .mp3 music files without our express permission due to the fact that certain software programs and Internet sites can consume excessive bandwidth on our server when searching for these type of files.
3.2.2.5. any material which is forbidden by our Acceptable Use Policy which is detailed below.
3.2.3. you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
3.2.4. you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
3.2.5. any file you store on the Server will be reachable via a hyperlink from a page on your site.

3.3. We reserve the right to remove any material which we deem inappropriate from your Web Site without prior notice to you.

3.4. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.

3.5. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

3.6. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

3.7. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

3.8. Any access to other networks connected to 2fourseven must comply with the rules appropriate for those other networks.

3.9. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

3.10. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time.

3.11. 2fourseven reserves the right to remove e-mail from 2fourseven servers that is left or is un-collected for a period of more than three months.

4. Bandwidth
4.1 2fourseven do not impose quotas for data transfer on our servers. However if a customer is using an excessively high volume of bandwidth for data transfer on any single site contained on our servers, 2fourseven reserve the right to impose a charge for high usage or ask the customer to transfer their site to an alternative account, or to lease their own web server with us, which makes allowance for the high usage level.

4.2 We ask customers who intend to use high volumes of bandwidth for data transfer on a single site to discuss their requirement with 2fourseven first.

5. Service Availability
5.1. We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

5.2 2fourseven may from time to time have to suspend the Services for repair, maintenance, update or improvement and in such circumstances 2fourseven will attempt to notify You as far in advance as is possible, by e-mail or web site posting, and to endeavour to keep the period of suspension to the minimum length of time necessary to carry out such works.

5.3 In light of 5.1 and 5.2 above You accept that the Services are not intended to be used in circumstances where mission critical fail-safe performance is required.

6. Payment
6.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted and shall be due and payable in advance of provision of the Services.

6.2. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.

6.3. Payment is due each anniversary year following the date the Services were established until closure notice is given in accordance with 7.4. If you choose to pay by credit or debit card you authorise 2fourseven to debit your account renewal fees from your card.

6.4. All payments must be in UK Pounds Sterling with no offset or deductions.

6.5. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £25 which will be added to your account.

6.6. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled but not obliged forthwith to suspend the provision of Services to you.

7. Termination And Refunds
7.1. We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you If you:
7.1.1. fail to pay any sums due to us as they fall due.
7.1.2. break any of these terms and conditions.
7.1.3. are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.

7.2. No refunds will be made under any circumstances for Services suspended in accordance with 7.1.

7.3. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled to a pro rata refund based upon the remaining period of prepayment, less any additional costs where applicable.

7.4. You may cancel the Services after the minimum period has expired. To do so you must request cancellation of the Services in writing at least 30 days before it is due to expire.

7.5. No full refunds or pro rata refunds will be made for any service should You decide to cancel the Services after they have commenced. Furthermore:
7.5.1. Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable under any circumstances.
7.5.2. You will not be entitled to a refund on this basis if you have previously held an account with 2fourseven.

7.6. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.

7.7. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.

7.8 It is Your responsibility to ensure that you have a backup copy of any data or files stored on Your allocated web space. If we remove data from your allocated web space or delete Your account on termination of this Agreement, all data and files currently in Your allocated web space will be deleted. We will not backup or store a copy of Your data or files prior to deletion.

8. Indemnity
8.1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to You and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this Agreement.

9. Limitation Of Liability
9.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, 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 to the extent applicable under UK law, subject always to sub clause 9.2.

9.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

9.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

9.4. In any event no claim shall be brought unless you have notified us of the claim within 30 days of it arising.

9.5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever, financially or otherwise.

10. Notices
10.1. Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error-free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

11. Non-Waiver
11.1 Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.

12. Law
12.1. This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.

13. Headings
13.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

14. Entire Agreement
14.1. These terms and conditions together with any other documents expressly referred to in them, or supplied under separate cover for a particular contract or project for You, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

15. General
15.1 . You acknowledge that You have read and accept the terms of this contract before placing any service orders with 2fourseven. Use of the service(s) by You shall be deemed acceptance of the terms of this contract.

15.2. 2fourseven reserves the right to alter, modify, delete or add to these terms and conditions at any time without prior notice, due to development to the service, or to comply with any regulation imposed by a legitimate external authority. 2fourseven will publish any changes to these terms and conditions on the web site at www.2fourseven.co.uk under the Terms and Conditions (or similarly named) section and it is Your sole responsibility to ensure that You make Yourself aware of these changes by checking the site regularly. Changes in this manner shall be deemed to have been accepted if You continue to use the Service from the date of posting on the Website.

15.3. 2fourseven reserves the right to sub-contract any of the work required to fulfil its obligations hereunder.

15.4. 2fourseven reserves the right to change Your password at any time at its sole discretion.

16. Restriction on Sub-leasing/Re-selling
16.1. When entering into this contract You undertake that You will not assign, re-sell, sub-lease or in any other way transfer the 2fourseven service or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the service being terminated by 2fourseven forthwith.

2fourseven Limited – Acceptable Use Policy

These Acceptable Use Guidelines describe the proper kinds of conduct and prohibited uses of 2fourseven dial up, ADSL, hosting, email and domain name services (the “Services”), as described and subscribed to pursuant to the “Term & Conditions”. By registering for and using the Services, and thereby accepting the Terms and Conditions of the Services, You agree to abide by these Usage Guidelines as modified from time to time. Any violation of these Usage Guidelines may result in the suspension or termination of your account(s) or such other action as We deems appropriate.

General Responsibilities.
We will not actively monitor, censor, or directly control any content that is displayed on your web site(s) or collected by your web site(s), and is transmitted or stored in e-mail message. However, We provide the Services with the goals of (a) protecting network resources, (b) preserving the privacy and security of 2fourseven and its customers, (c) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources, (e) maintaining 2fourseven’s reputation as a responsible provider of the Services.

We expect all users of Our Services to abide by the above stated goals. Violation of this Policy by a 2fourseven customer or attempted violations by a third party on their behalf may result in temporary suspension or permanent termination of one or more Services at Our sole discretion. We will not issue services credits for any outages incurred though service disablement resulting from Policy violations.

Illegal or Harmful Use.
You may use the Services only for lawful purposes. Transmission, distribution, sale, storage of or link to any material in violation of any applicable law, regulation, including violation of the Data Protection Act 1998, or these Usage Guidelines is prohibited. We reserve the rights to restrict or prohibit any and all uses of the Services or content on your Web site(s) and to remove such materials from Our servers, that We determine at Our sole discretion is harmful to Our servers, systems, network, reputation, good will, other 2fourseven customers, or any third party.

The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:

Infringement.
Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right used without proper authorisation.
Offensive Materials.
Transmission, disseminating, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Export Violations.
Posting or sending of software or technical information in violation of UK, U.S. or EU export laws, including, without limitation, the Department of Trade and Industry in the U.K, the U.S. Export Administration Act, and the Export Administration Regulations maintained by the U.S. Department of Commerce.
Harmful Content.
Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
Fraudulent Conduct.
Offering or disseminating fraudulent or counterfeit goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers.

Security.
Violations of 2fourseven’s or any third party’s server, system or network security through the use of the Services are prohibited. Examples of server, system or network security violations include, without limitation, the following:

Denial of Service Attack.
Including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host.
Unauthorised Access.
Any attempt to breach authentication or security measures, or any unauthorised attempt to gain access to any other account including any attempt to probe, scan or test the vulnerability of a system, host or network.
Interception.
Unauthorised monitoring of data or traffic. Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
Password Protection.
Failing to prevent unauthorised access to accounts, including any account passwords.

E-Mail.
You may not use Our network, including Our mail server, to send, distribute, relay or publish the following types of e-mail:

Using any 2fourseven server to send duplicative, unsolicited e-mail messages (commercial or otherwise), or to collect the responses from unsolicited e-mail, or to promote any web site whose Domain Name Service is provided by 2fourseven is prohibited.
Conduct in connection with e-mail or Usenet news that is an obvious nuisance or that would be unlawful in other contexts (for example but not limited to, threats, harassment, defamation, obscenity, or software piracy)
Chain letters.
Malicious E-mail, including without limitation “mailbombing” (flooding a user or Web site with very large or numerous pieces of mail) or “trolling” (posting outrageous messages to generate numerous responses).
E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
Similarly, using any 2fourseven server to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited. 2fourseven reserves the right to make the determination whether a given message violates the newsgroup or mailing list charter. In most cases 2fourseven will defer to the judgement of the newsgroup or mailing list moderator or administrator.

Cooperation with Other Providers.
Using Our facilities to engage in activities that violate the Terms of Services of any other Internet Services Provider is prohibited. For example, sending unsolicited commercial e-mail through 2fourseven’s facilities to the subscribers of any Internet or online service provider that disallows unsolicited commercial e-mail is prohibited.

Interpretation.
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. We reserve the right at all times to prohibit activities that damage Our commercial reputation and goodwill.

Modification.
We reserve the right to add, delete or modify any provision of this Policy at any time without notice, effective upon posting of the updated usage guidelines to www.2fourseven.com