By requesting free or paid services from the network of sites operated by Digital Freedom Ltd (UK) you are agreeing to the terms and conditions outlined on this page. Hosting terms are designed to protect the greatest majority of users from the excesses of a few and we take the content on our servers seriously in our efforts to effectively manage sites and loads.
Keeping a Smiling Community with...
We do not allow Adult, Warez, HYIP schemes, illegal MP3 sites or IRC servers, bots or clients to use our network resources. Users must not participate in any form of un-solicited bulk e-mailing, otherwise known as spam. Data stored on our systems is not guaranteed to be backed up. It is essential that you keep an independent copy of all data stored on your server. You must not divulge your passwords to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people. We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services. We do not guarantee server uptime nor can we be held liable for data loss due to unlawful security breach, server upgrade, site migration, hardware replacement or any other unforseeable situation that may arise.
We draw users attention to the limits on bandwidth accomanying hosting accounts and reserve the right to temporarily suspend an account or invoice a user for any relevant extra bandwidth at our prevailing rates as we deem appropriate. We reserve the right to cancel your services at any time without notice in the event of a breach in these Terms and Conditions. Should your account be closed, all files (including web pages etc.) will be deleted. We reserve the right to amend and update these Terms and Conditions at any time without notice.
For the purposes of this document
"The Company" , "we" , "us" , "our" , "ourselves" , "Digital Freedom Ltd" or "Digital Freedom Limited" refers to the company supplying goods and/or services, namely Digital Freedom Limited, a company registered in England & Wales with Company Registration # 4866919. The company's registered address is 109 Trent Rd, Oldham. OL27QH. UK. The company operates a number of internet properties in order to promote its services including, but not limited to, EUclix.com, stijlnet.com and box77.net, and invoices relating to the services promoted therein are issued by, and in the name of, the company.
"Customer" , "client" , "user" , "visitor" or "you" means the person, firm or company that has requested any Goods and/or Service(s)
"Goods" means any physical objects which have been supplied or are to be supplied by the company.
"Service" or "services" means any services, either free or paid, which have been supplied or are to be supplied by the company.
C. Conditions of Use, Service and Payment
1. This agreement is made by and between Digital Freedom Limited and the Customer.
2. Digital Freedom Limited reserves the right to refuse any service to any organization or individual for any reason. The Customer agrees that Digital Freedom Limited may not be held liable for any decision to so refuse or provide service.
3. Digital Freedom Limited make no guarantees as to the availability of chosen / desired domain name(s).
4. Digital Freedom Limited takes no responsibility for materials posted on the Customer's site or server, even if such materials are set up and/or maintained by Digital Freedom Limited. This includes, without being limited to responsibility and liability for accuracy of information, libel, slander, defamation, and copyright infringement whether or not the publishing and/or posting of such materials over the Internet constitutes a violation of any law. All such responsibilities and liabilities fall upon the Customer.
5. The Customer agrees that Digital Freedom Limited may not be held liable for indirect, special, or consequential damages or lost profits or revenues arising out of this agreement, the performance or breach thereof, the service Digital Freedom Limited provides to the Customer, the failure of Digital Freedom Limited to provide such service, or the Customer's use of the service. The Customer agrees to indemnify and hold harmless, Digital Freedom Limited from any claim, damage, expense, cost, or loss arising out of this agreement, the performance or breach thereof, the service Digital Freedom Limited provides to the Customer, the failure of Digital Freedom Limited to provide such service, or the Customer's use of the service including, but not limited to claims for direct, indirect, special, consequential, or punitive damages, or lost profits or revenues over copyright infringement, defamation, libel, or denial of service.
6. The Customer agrees that Digital Freedom Limited may cease provision of service at any time and for any reason without liability to the Customer. If this cessation of service is due to non-payment of billed charges, the Customer agrees that Digital Freedom Limited may hold the Customer data until charges are paid, with the exception that data may be completely erased if held for more than 30 days in a closed account. Digital Freedom Limited makes no service level warranty or guarantee. The Customer agrees that Digital Freedom Limited may not be held liable for damages in the event of unavailability of the Customer data over the Internet. The Customer agrees that Digital Freedom Limited may not be held liable for failure to provide service to the Customer for any reason. In the event that this restriction is prohibited by law or court action, the Customer agrees that in no event shall Digital Freedom Limited's liability to the Customer exceed the total amount the Customer paid to Digital Freedom Limited . The Customer agrees that under no circumstances shall Digital Freedom Limited's liability to the Customer exceed the total amount the Customer has paid to Digital Freedom Limited.
7. Digital Freedom Limited expressly forbids anyone from using Digital Freedom Limited systems, websites, other internet properties and facilities for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, any and all materials of an adult nature, defamatory materials, slanderous or libellous materials, and any copyrighted materials for which specific reprint permission has not been obtained directly from the copyright holder(s). The designation of any materials as such described is left entirely to the discretion of the Digital Freedom Limited management. In the event that Digital Freedom Limited terminates service to the Customer for violation of this clause, any deposits, prepayments, or other monies of the Customer held by Digital Freedom Limited and any rights, privileges, or other consideration granted the Customer under any guarantees, warranties, either express or implied, are forfeited by the Customer.
8. Digital Freedom Limited make no guarantees regarding website effectiveness, compatibility with browsers, plug-ins, image calling or time schedules for updates. Digital Freedom Limited can in no way be held liable for the actions, failures or results of any third party integrated or web based services including but not limited to, message boards, forums, forms, scripts and the likes. Digital Freedom Limited cannot guarantee the availability of any specific domain name. Customers are required to provide a continuously valid email address should they require a reminder email when any registered domain name is due to come up for renewal. Full payment for renewals should be made at least two weeks before the expiry of any name to avoid late renewal penalty costs or loss of the domain name.Digital Freedom Limited accepts information from clients in good faith and can in no way be held liable for incorrect or misleading information contained within clients' sites or our own sites, even if these shall be solely maintained by Digital Freedom Limited . Neither can Digital Freedom Limited be held liable for any perceived direct or indirect losses caused by the transmission or publishing of incorrect information. All users are expected to use network resources in a conscientious and reasonable manner, as determined by Digital Freedom Limited system administrators.
9. Users of Digital Freedom Limited systems may not, at any time, transmit from or through Digital Freedom Limited systems, email advertisements to any company or individual who has not previously requested information, either by an online WWW Guestbook, email, or some other form of previous contact. Users must first gain the written approval of Digital Freedom Limited before using our systems and facilities for any mailing activity in excess of 250 emails per day. Any complaints received by us about a customer's online marketing activity including email, comment form, 'blog comment spam', 'forum spam' or other promotional method(s) will result in suspension, investigation by ourselves, and possible termination of any or all of the services supplied to you by the company. Digital Freedom Limited may require a financial bond prior to the provision of any domain name, hosting or other services. Use of Digital Freedom Limited systems constitutes consent to monitoring. Digital Freedom Limited is not obligated to announce such monitoring. Digital Freedom Limited will not disclose information obtained by monitoring to any third parties unless required by law or requested by a law enforcement agency. Digital Freedom Limited cannot be held responsible for any practical loss of facilities or reputation attached to any domain name due to worldwide unsolicited commercial email (spam). Such losses may be due to but not be limited to blacklisting of domain name due to forged 'from' fields within 'spam' or full mailboxes due to bouncebacks or the likes.
10. Intentional misuse of network and/or system resources will result in immediate termination of services. In the event that Digital Freedom Limited terminates service to the Customer for violation of this clause, any deposits, prepayments, or other monies of the Customer held by Digital Freedom Limited and any rights, privileges, or other consideration granted the Customer under any guarantees, warranties, either express or implied, are forfeited by the Customer.
11. Pricing and Payment. The current price payable for the services shall be published on Digital Freedom Limited's web site(s) from time to time and confirmed at the time you request us to provide any services. The price is non-refundable except with regards to goods and/or service(s) covered under The Consumer Protection (Distance Selling) Regulations 2000. Digital Freedom Limited shall be entitled to vary its prices from time to time. Where a client's payment is automated, however, we shall give you at least one month's notice of such increase and if you are not satisfied with such increase then you will be entitled to terminate the agreement by giving us written notice within one month of the date of the variation notice, failing which you shall be deemed to have agreed to the variation. The Customer agrees to pay all fees due by the due date as specified in Digital Freedom Limited's invoice. Payment shall only be deemed received by Digital Freedom Limited upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any goods. Where you authorise payment to be made via automated electronic payment, drawn against a current balance, credit or debit card then such authority shall be deemed as authority to Digital Freedom Limited to take all that the Customer owes. Payments made by cheque in GB Pounds should be drawn on a UK bank and made payable to Digital Freedom Ltd. Payments made using PayPal will appear on a customer's credit card statement as PAYPAL *DIGITAL77* Discretionary refunds made using PayPal shall be liable to the deduction of any PayPal processing fees incurred. We reserve the right to levy a surcharge to cover payment processing costs where applicable. The Customer agrees that overdue accounts may be terminated or suspended at any time and all reasonable steps taken to recover overdue monies.
12. Special Provisions for Specific Services
12.i regarding Overdue Payments and Disposal of Managed Domain Names through "Digital Domain Exchange"
The client understands that domain names are not purchased for an indefinite period. Domain name registrations and renewals define the period during which they will be registered in the registrant's name. If renewal and payment for such is not made in a timely fashion then the domain name's registration shall subsequently be allowed to expire or be transferred to another party. All verbal, email or telephone communicated advice given by Digital Freedom Limited regarding the availability of preferred domain names is subject to confirmation at the actual time of registration. Unless previously agreed, all monies due to be paid for the required domain name(s) and their registration period, at our current rates, shall be received before any name(s) is/are registered. Names which we have registered and for which no payment has been received since such registration shall become liable to immediate disposal. Domain names which are manually registered or renewed by ourselves on behalf of a client, yet remain unpaid for by the said client, are liable to immediate disposal without notice by open market. This is commonly referred to on our websites as "Digital Domain Exchange" . Discretionary Renewals : Clients who have previously registered and paid approporiate fees for a given domain name but who have, we suspect, unintentionally failed to renew the said name may at the sole discretion of Digital Freedom Limited, have the opportunity to pay their renewal fees plus a manual processing fee for a period of between 0 and 91 days after the domain name registration should have expired. The exact period and fees are dependent upon the individual registrar and Digital Freedom Limited's relationship with them. In all instances, no later than 92 days following the end of the period for which the most recent payment has been received, any remaining opportunity to renew the domain name and/or protected interest therein shall be forfeited and the domain name will be made available on the open market via the "Digital Domain Exchange" or other platform. Any domain name(s) under the management of the company, but with overdue fees attached, may result in DNS resolution to a company 'parking page' or other nominated destination until all outstanding monies are received at a rate according to the timescale outlined above or until the domain name is disposed of. These provisions only apply to names where a) you are currently listed as the registrant and b) we have registrar level access to make real-time Payment, Contact and DNS changes. We are unable to offer any agent liaison, payment or technical support for names which have not been transferred to us and are registered with any third party agent, once the period of registration for which we have received and forwarded payment has passed. We are unable to respond to any communications regarding such domain names and all enquiries should be directed towards the original registration agent. Where monies are still owed by the client to Digital Freedom Limited for any delivered services this debt shall persist and be recoverable by ourselves.
These provisions only apply to manual domain name registrations, renewals and management services performed for the client and invoiced as such. This does NOT cover any registrations that clients may make through Box77 Direct and Wild West Domains via http://www.box77direct.com and https://www.securepaynet.net and you should consult the relevant information there, instead, if appropriate.
12.ii regarding Consulting Services
The client acknowledges that, although we endeavour to provide the best possible advice at all times, in an emerging industry, such as internet marketing, results and performance predictions can only be given according to experience and previously acquired data and may not accurately reflect the actual outcome of any exercise.The client accepts that they regard our personal and business credentials in the industry as sufficient for us to offer carefully considered individual advice through our consulting services. The client accepts that a significant period of time may be required for the results of implementing any recommendations we might make to bring about any improvements. Positive results cannot be guaranteed. We are not responsible for the interaction with any artificially introduced or external factors which we have not approved. The client shall not engage the services of any third party to additionally promote or optimise the same internet properties and websites or to perform changes to any aspect of our management services without first notifying Digital Freedom Limited and receiving approval from us in writing. The client accepts that in offering Internet Publishing, Marketing and SEO consultancy and management services the company draws on our own network and client management experience only in making recommendations at any given time. Consultancy clients may be required to sign an expanded contract and/or Non Disclosure Agreement prior to any consultancy services being provided.
12.iii regarding Advertising Services
Advertising at sites owned by Digital Freedom Limited or managed by the same is made available under the condition that the client is not to infer or imply that any form of endorsement or recommendation is attached to their goods, services, website or business as a result of the advetisment's placement at a Digital Freedom Limited managed internet property. The Client understands and accepts that advertising exposures and/or visitors may be delivered at an uneven rate and in unequal quantities over a given period of time. We may use one or more of a number of metrics in determining and/or verifying that your allocated advertising exposures have been delivered. We are not liable to provide additional information regarding the performance of any advert's placement and delivery, other than in relation to the criteria for its successful fulfilment as outlined on a client's invoice.
12.iv regarding Request for Free Services
Free services are provided entirely at thie discretion of Digital Freedom Limited. Free services and/or site(s) may be suspended or terminated, individually or in bulk, without notice and for any reason we determine, which we shall not be required to disclose. Free services are provided without any form of warranty or guarantee. No form of formal technical support (by telephone, email or other means) is provided by the company or to be solicited by the user taking advantage of the privilege of free services. Any further restrictions placed on free services shall be abided by at all times, including, but not limited to, requirements to carry our advertising code(s), bandwidth restrictions, copyright law and provisions of all other applicable sections of this document
12.v regarding the User and Visitors to our Websites
A visitor to or 'user' of our public websites is only granted temporary and revokeable access provided that
15. By requesting free or paid services from the network of sites operated by Digital Freedom Ltd (UK) you are agreeing to the terms and conditions outlined on this page and the need to regularly review its content..
This Agreement is the sole agreement between the parties relating to the subject matter hereof and supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either party. This Agreement may be amended only by Digital Freedom Limited upon modification to this document posted on a Digital Freedom Limited managed web site at http://www.stijlnet.com/servers/terms.html. The term of this agreement shall be the period of time during which the Customer has an open account with Digital Freedom Limited. Either party may terminate this agreement on 14 days notice to the other. In the event of any termination or cancellation of this agreement, terms which are intended to continue and survive shall so continue and survive. This Agreement is governed by the laws of England, and the Customer agrees that any court action brought under this agreement shall be brought in the jurisdiction of England. If any provision of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability.
Page last modified: 18th March 2009
PROFESSIONAL INTERNET SERVICES FOR THE SME FROM STIJLNET.COM