General terms and conditions

These General Terms & Conditions and the Service Specific Terms & Conditions, the Acceptable Use Policy and any information relating to the Service/Package purchased from Via Wire forms the Agreement between Us. If any of these General Terms & Conditions are inconsistent with any terms set out in Via Wire Service specific terms & conditions, the Service specific terms & conditions shall prevail.

By signing up for the Services You warrant that You are at least 18 years old, and legally capable of entering into a binding contract; or acting with the express permission and using the payment details of a person or organization who in turn is agreeing to be bound by the terms of this Agreement. You also agree to comply and adhere to any and all applicable laws and regulations in relation to this Agreement.

You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy. By nature of owning a Via Wire account, You accept these Terms & Conditions.

1. Definitions

1.1 “Agreement” means any agreement to which these terms & conditions are incorporated.

1.2 “Via Wire” means Via Wire Ltd and any associated group companies with registered office at Baywood, 4 Brittains Lane, Sevenoaks, Kent, TN13 2ND, company number 07237140.

1.3 “Package” means a collection of Services.

1.4 “Pay As You Go” means Via Wire no minimum term commitment monthly payment option.

1.5 “Prices” means the Prices for the Services set out in order form or as otherwise notified to You.

1.6 “Services” means the Services to be provided by Via Wire.

1.7 “You/Your” means the person or company who purchases Services from Via Wire.

2. Duration and Renewal of Services

2.1 Services for which payment is required on a monthly basis are available for fixed 12 month, 24 month or 36 month minimum contract periods. Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, the minimum contract term on all Packages shall be 12 months.

3. Cancellations

3.1 When entering into a contract as a consumer (not in the course of conducting business) the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013 (“the regulations) allow you to cancel the Contract at any time within 14 days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the 14 days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.

3.2 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.

3.3 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, or agreed by Via Wire in writing prior to purchase, Services are not available on a trial basis. It is Your responsibility to ensure that the Services you purchase are suitable for your technical requirements.

3.4 You are entitled to cancel the services by contacting Via Wire’ cancellation team no more than 30 days prior to the expiry of your minimum contract term , and no less than one working day prior to the next payment date of that service. Once Via Wire accept your cancellation request you will be provided with written confirmation of cancellation requests will not be deemed to have been received and accepted until we have issued our written confirmation to you.

3.5 Via Wire requires a disclaimer for any VoIP solution installed on a connection not provided or approved by Via Wire.

3.6 Via Wire reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or the Service Specific Terms & Conditions and/or our Acceptable Use Policy.

4. Refunds

4.1 Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.

4.2 In the event that Via Wire cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term.

4.3 If You contravene Your Agreement with Via Wire, a refund will not be issued in the event of a cancellation.

4.4 Domain credits are non-refundable as they enable the purchase of domain names at discounted Prices, based on an up-front commitment.

4.5 Credit notes can only be used for payment (or partial payment) of Your Service, and are non-refundable.

4.6 Unused reseller funds on account will only be recoverable when the account is closed.

5. Payment

5.1 All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package. In signing up for a Via Wire account You agree to commit to the contract for the fixed term. It is not possible to provide early payment and terminate the contract prior to the expiry of the fixed term.

5.2 Payment will be due on the basis of the Service and/or Package You have selected. If You have purchased “Pay as You go” Services or Packages then payment will be required monthly in advance. If You have purchased Services on a fixed 12 month, 24 month or 36 month basis then You will be required to pay on the payment plan You selected, paying in advance or by way of monthly installments in advance throughout the year.

5.3 You will be invoiced automatically for the next pre-paid period on the basis of your current payment plan at the expiry of the current pre-paid period unless You have cancelled the Services in accordance with clause 3.1. Payment of the Price will be taken via the payment method specified within the control panel and will be non-refundable. In cases of failed payment, the invoice will become due and payable to Via Wire in its entirety.

5.4 Via Wire reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address held in Your Via Wire Account. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.

5.5 All payments must be made in UK pounds sterling, inclusive of applicable taxes.

5.6 You warrant that You are authorised to make payment using the payment card or facility You disclose to Via Wire. In the event that You are not the named card
holder, You acknowledge that You and the party who is the named card holder both accept Via Wire’ Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card. You will indemnify and hold Via Wire harmless in the event that the cardholder or issuer declines any transaction for payments to Via Wire, including all of Via Wire costs in administering Your non-payment and obtaining payment of those Prices due.

5.7 Via Wire reserves the right to suspend all Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. You are responsible for all money owed on the account from the time it was established until Via Wire accepts Your cancellation request. You are responsible for any additional costs incurred by Via Wire in the collection of outstanding debt.

5.8 You are required to have a valid email address and credit/debit card and/or PayPal account and/or Direct Debit registered to Your account at all times, failure to do so will result in automatic suspension of Your account. If You cancel Your credit/debit card and/or PayPal account and/or Direct Debit for any reason You must immediately notify Via Wire and provide details of a current valid payment method and/or PayPal Account.

5.9 Payments processed by PayPal are subject to PayPal’s terms and conditions of Service, and Via Wire makes no representations or warranties with respect to those Services.

5.10 No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase or automated renewal transaction is completed.

5.11 If You fail to pay all Prices due, Via Wire reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to Via Wire.

5.12 Please refer to Via Wire Service Specific Terms & Conditions including, but not limited to, the Domain Name terms of Service for Domain Name for specific payment policies.

5.13 Any unused Credit notes on Your Account will be taken in payment of Your Service. Where the value of the unused Credit note is less than the total payment due, the remainder of the balance will be taken from the current payment method on Your account.

6. Chargebacks

6.1 If You withdraw any payments made via a bank, credit card or PayPal account (a “chargeback”) Via Wire will either defend such chargebacks directly with the card issuer, or take appropriate steps to recover the original monies from You in addition to an administration fee of £20+VAT for each inappropriate chargeback raised.

6.2 If a chargeback is made, Via Wire reserves the right to immediately interrupt, suspend or cancel all services within your Account. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to Via Wire.

7. Appropriate Service use

7.1 Via Wire reserves the right to refuse Service and/or access to its servers and/or Services to anyone.

7.2 Via Wire does not allow any content which breaches our Acceptable Use Policy to be stored on its servers. Via Wire reserves the right to remove content from the Services or suspend the Services immediately where it reasonably suspects such content breaches the Acceptable Use Policy.

7.3 Via Wire shall notify You if it becomes aware of any allegation that You breach the Acceptable Use Policy.

7.4 Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of Via Wire.

7.5 Via Wire reserves the right to move Your data to a different server with no prior notice.

7.6 You shall indemnify Via Wire against all damages, losses and expenses arising as a result of any action or claim that the data, content and/or any other material breaches the Acceptable Use Policy.

7.7 In the event that Via Wire removes data or content from the Services and/or suspends Your site pursuant to clause 7.2, and later reinstates such content and/or resumes the Services, You shall indemnify Via Wire against all damages, losses and expenses arising as a result of any action or claim that such content and/or data and/or the Services Your site breaches the Acceptable Use Policy.

8. Scheduled maintenance

8.1 To guarantee optimal performance on the servers, it is necessary for Via Wire to perform routine maintenance. Such maintenance often requires taking Via Wire Services off-line, typically performed during off-peak hours. Via Wire will give You advance notice of maintenance requiring the Services to be taken off-line whenever possible by publishing notice on the Via Wire website.

9. Support

9.1 We will endeavour to provide a continuous high quality service. If You experience problems with Your Service, You should consult Via Wire support website and search for a resolution to Your problem in Via Wire Knowledge Base. You will also find Via Wire 24/7 support contact details on Via Wire support website at http://www.viawire.net/services/it-support/emergency-help/ 24/7 Support is only available to customers with 24/7 support agreements. Support must be requested from a registered telephone number or email address.

9.2 Support services provided and billed for on a monthly basis that aren’t covered by another overriding agreement are subject to 3 (three) months notice.

9.3 Please note we may require suspension of some of Via Wire Services for short scheduled periods to carry out maintenance or repair to Via Wire Services. Information concerning scheduled downtime is available on the Via Wire support website, as are details of any interruptions to Via Wire Services.

10. Reselling of Services

10.1 All Services are intended for use by the primary owner only, should you choose to resell, store or give away web-hosting Services to other parties You agree that such activity will be undertaken at your own risk. You also accept responsibility for ensuring that all end users abide by these terms of service.

10.2 Via Wire accept no liability to you or any third parties for losses arising from the Reselling of services as detailed in 10.1.

10.3 Via Wire reserve the right to suspend access to the automated management facilities of the Reseller account including the API (Application Programming Interface) if a customer’s use is deemed to be affecting the platform for which Via Wire delivers the Services.

11. Database Usage

11.1 If You exceed the limits on Via Wire database products (MS SQL and MySQL) then we will automatically charge You for the additional space You use at Via Wire current Prices. For example if You have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.

12. Data

12.1 All data created or stored by You within Via Wire’ applications and servers are Your property. Via Wire shall allow access to such data by only authorised Via Wire personnel. Via Wire makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder’s server space or within applications on Via Wire’ servers.

12.2 Via Wire maintains backups of its servers and infrastructure pursuant to its own archiving and business continuity procedures. In the event of loss of or damage to your data relating to actions made by You or on Your behalf you will not be given access to any data stored as part of these procedures.

12.3 In the event of loss of or damage to your data relating to a failure in Via Wire systems or servers, Via Wire will make reasonable commercial efforts to assist you in the restoration of your data, however You accept full responsibility for maintaining adequate backup copies of all your data.

12.4 You shall indemnify Via Wire against all damages, losses and expenses arising as a result of any action or claim that the content or data of Your site or content or data accessed from or published as part of the Services infringes t
he intellectual property rights of a third party.

13. Uploads via scripting languages

13.1 We limit uploads made via scripting languages – including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file.

14. Passwords

14.1 It is the account owner’s responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. Via Wire is not responsible for any data losses or security issues due to stolen passwords or any passwords that You have intentionally or accidentally disclosed to any third party. Via Wire recommends that You use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. “12345”, “password”, etc.).

14.2 You accept full responsibility for any purchases or modifications made within your control panel by You or by third parties using your account password.

15. Your personal details

15.1 You warrant that the contact information that you provide to us on establishment of your account is correct, and that You accept responsibility for keeping this information up to date at all times. You agree that we may suspend access to your account and the Services if we reasonably believe that the information you have supplied is inaccurate.

15.2 Please note that whilst Your email is primarily used for billing purposes, Via Wire reserves the right to email You information about its product offerings. You can unsubscribe from marketing communications within Your Via Wire control panel.

15.3 Via Wire will not provide any of Your personal information to other companies or individuals without Your permission unless required to do so by law. However, Via Wire may need to provide Your name and delivery address to third parties that Via Wire may use for the purposes of delivering specific Services to You (e.g. customer support). For more information about how Via Wire will collect and use Your personal information please read Via Wire’ privacy policy.

16. Via Wire Disclaimers and Warranties

16.1 Via Wire does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Via Wire cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by Via Wire.

16.2 Via Wire makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder “as is” without warranty of any kind.

16.3 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.

16.4 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.

17. Liability

17.1 Via Wire shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.

17.2 Via Wire will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

17.3 No matter how many claims are made and whatever the basis of such claims, Via Wire’ maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.

17.4 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Via Wire, its employees or its sub-contractors.

17.5 Via Wire shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-

17.5.1 interruptions to the flow of data to or from the internet;

17.5.2 changes, updates or repairs to the network or software which it uses as a platform to provide the Services;

17.5.3 the effects of the failure or interruption of Services provided by third parties;

17.5.4 factors outside of Via Wire’ reasonable control;

17.5.5 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;

17.5.6 problems with Your equipment and/or third party equipment;

17.5.7 interruptions to the Services requested by You.

18. Force Majeure

18.1 Via Wire shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of Via Wire (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.

19. Non-Waiver

19.1 The failure of Via Wire to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Via Wire of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

20. Survival

20.1 The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.

21. Notice

21.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Via Wire to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.

22. Governing Law

22.1 Except as otherwise set forth in the Domain Dispute Policy, Your rights and obligations and all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.

23. Legal Fees

23.1 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

24. Assignment

24.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Via Wire However, in the event that Via Wire consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

25. Entire Agreement

25.1 This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.

26. Amendment in Writing

26.1 We may update or amend these General Terms and Conditions, the Service Specific Terms & Conditions including any technical specification relating to the Services and/or Package, the Acceptable Use Policy, Privacy Policy and any information relating to the Services/Package from time to time to comply with law or to meet our changing business requirements. We will give You prior notice of any changes to the Agreement and You can choose to cancel the Services without penalty before the new terms affect you. Display of the modified terms and conditions shall be deemed to be notice to you. You also agree to review the terms and conditions regularly to ensure you are aware of any modifications.

27. Further Assurances

27.1 The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.

28. Relationship of the Parties

28.1 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

29. Joint and Several Obligations

29.1 If any party consists of more than one entity, their obligations here under are joint and several.

30. No Third Party Beneficiaries

30.1 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.

31. Severability

31.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Via Wire will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Via Wire as reflected in the original provision.

Please note: by signing up for any of our services you agree to be bound by all Via Wire terms and conditions.

Email

The following terms and conditions apply to Via Wire email Services.

1. Use of Microsoft Outlook Software

1.1 Via Wire Exchange Mail accounts include licensing for Outlook Client Software. The license fee is included in the monthly Via Wire Service fee. Mailbox owners are permitted to install the software once on one PC for each Microsoft Exchange mailbox. Sharing of a single mailbox is not permitted unless additional licenses are purchased on a monthly basis for each user. If You cancel Your Via Wire Exchange Mail account You are responsible for uninstalling any Outlook software that is licensed to You as part of the Via Wire Service.

2. Size of mailbox

2.1 Each mailbox has a storage quota. This is in place to protect Your account and others from potentially large volumes of email sent to a single address that could materially affect the email system server. Additional storage can be purchased though Your control panel. It is the mailbox owner’s responsibility to ensure that his/her mailbox does not reach its allocated level. Via Wire cannot be responsible for email lost due to full mailboxes. You can check Your mailbox size from Your control panel.

3. Service availability

3.1 Via Wire monitors the server as a whole but does not monitor individual mailboxes. The Exchange server uses SMTP, a “store-and-forward” email protocol, to deliver outbound messages. This protocol does not guarantee immediate delivery of email messages. By default, the Exchange server makes a delivery attempt every ten minutes three times; after that the server will attempt message delivery every fifteen minutes. If there is no successful delivery attempt within twelve hours, a delay notification will be emailed to the sender. If there is no successful delivery attempt within two days, the message will be returned to the sender.

4. Security

4.1 Via Wire makes every reasonable effort to ensure mailbox security at all times. We do this through a combination of various network security policies, load balancing and redundant systems. We make every reasonable effort to ensure the integrity of data on Via Wire systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner’s responsibility notify to Via Wire. We cannot guarantee to restore data and we accept no liability for the loss of any such data.

5. Server storage capacity

5.1 Each Exchange account is allotted an aggregated storage capacity initially equal to the total storage capacity of each mailbox. This storage capacity is shared among all mailboxes and public folders within Your account; the quota cannot be exceeded. For an additional fee, You may increase Your account storage capacity at any time from within the control panel.

6. Mailbox and Public Folder storage capacity

6.1 In addition to the aggregate account storage capacity, each mailbox and public folder also has its own storage limit. When the storage capacity is reached on an individual mailbox or folder, the Exchange servers shall stop sending or receiving messages. Via Wire is not responsible for Service unavailability or data loss caused by any mailbox or folder exceeding its storage capacity. To prevent such occurrences, You can manage mailbox and public folder storage limits at any time from within the control panel.

7. Anti-virus checking

7.1 Via Wire installs anti-virus software on its email servers for all Advanced and Exchange mailboxes. This software is configured to check messages coming into the email server. If a virus is detected, the message is deleted. No notification is sent to either recipient or sender of the message. Messages sent between mailboxes on the Via Wire platform are not checked.

8. Anti-SPAM message filtering

8.1 Via Wire runs anti-SPAM software on its email servers for all Advanced and Exchange mailboxes. You can determine the levels of spam protection from within Your control panel.

8.2 Via Wire also runs anti-SPAM software on outbound email from all mailboxes, and reserves the right to mark or delete any messages determined to be SPAM.

9. Use of email account

9.1 If Via Wire identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all Services to the domain as appropriate.

9.2 For details of what is not allowed by Via Wire and Via Wire spam/ illicit material policies please see Via Wire Acceptable Use Policy.

10. Email retrieval and timescale

10.1 Via Wire’ policy on maintaining stable data-transfer levels includes a deletion process for email as follows: (i) all mail in IMAP “Trash” folders will be deleted automatically after 7 days. Such mail is checked daily y; (ii) if a mailbox is not accessed for 60 days, either by POP or IMAP, all mail over 90 days old will be deleted automatically. This process will be repeated daily until the mailbox is accessed again;
(iii) Root mailboxes that are not accessed for 90 days will have their quota reduced to 1MB automatically (with any existing mail over this new quota deleted). If the Root mailbox is accessed again, its quota will be increased back to the original allocation (Root mailboxes being Standard mailboxes). Note that after 90 days, the Root mailbox will have already undergone a cleanup after 60 days of inactivity. Via Wire does not accept any responsibility whatsoever for any deleted mail.

Broadband

The following terms and conditions apply to the Via Wire Broadband Service:

1. Fees

1.1 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, Via Wire may charge a connection fee of £50 plus VAT.

1.2 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, Via Wire may charge a migration charge in the amount of £40 plus VAT.

1.3 Payment will be due on the basis of the Service and/or Package You have selected. If You have purchased Services on an annual (12 month) basis then You will be required to pay pursuant to the payment plan You selected, either paying annually in advance or by way of monthly instalments in advance throughout the year.

1.4 Via Wire will automatically disable Internet Services if the required direct debit mandate isn’t maintained.

1.5 If You have purchased Services on an annual (12 month) basis , You will be automatically charged the Price again on the anniversary date of the contract term unless You have cancelled the Services in accordance with Via Wire’ cancellations procedure set out in clause 3 above. Payment of the Price will be taken via the payment method specified within the control panel.

2. Contract Duration

2.1 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all broadband Services are provided for a recurring 24 month term. Regardless of the term agreed, until 30 days notice of cancellation is provided the connection will remain in place at the end of the minimum term and will be billable at the standard rate.

2.2 In the event that You have an existing contract with Us for services commenced prior to 14 April 2011 (“existing contract”) the term and termination provisions of that existing contract shall continue to apply.

3. Cancellations & refunds

3.1 If broadband activation on Your line fails for reasons outside Your control Via Wire will refund the connection fee and any fees charged for the broadband Service.

3.2 If You cancel Your Service before the activation date. Via Wire reserves the right to retain Your initial Connection/migration fee. Cancellation requests submitted on or after the service activation date will not be accepted.

3.3 You are entitled to cancel the Services by submitting a cancellation request via the Via Wire control panel no more than 30 days prior to expiry of the initial term contract, and giving 30 days’ notice prior to the intended date of deactivation. In additional to any early termination fees, a cease fee of £37.50+VAT will be applicable for all terminations and outgoing migrations of broadband connections unless otherwise specified at the start of the agreement.

4. Indemnity

4.1 The Service provides You with access to the internet. You accept that You use the internet at Your own risk and subject to any applicable laws. Via Wire has no responsibility for any goods, services, information, software or other materials You may use or purchase over the internet connection provided.

5. Installation

5.1 The terms of the Wayleave agreement (https://www.viawire.net/wayleave/) shall apply between the parties as if the Wayleave agreement were incorporated into this agreement.

5.2 The Service will be installed by an Openreach, or other qualified engineer, on the date confirmed during the sign up process. The engineer will need to visit Your premises. A line test will be carried out to ensure the Service can be provided at Your premises. During installation You may lose Your telephone connection for up to two hours. Via Wire will use reasonable skill and care in delivering the Service on the date agreed, but are not liable for any failure to meet any deadline.

5.3 Missed installation appointments, or changes to appointments requested after 1pm on the last working day before the confirmed appointment time will be subject to an £105 (ex VAT) re-booking fee.

6. Line Testing Failure

6.1 If during line testing and installation Via Wire is unable to deliver the Service, Via Wire will inform You as soon as possible. Your original line will be restored, and You will be offered either a full refund or an alternative Service. If Via Wire are unable to activate the Service due to Your act or omission, or due to incorrect information being provided when you signup, Via Wire reserves the right to charge You a failed connection fee.

6.2 You are responsible for ensuring You have an existing Openreach telephone line, and the correct equipment is installed and working at Your home or premises. This includes a line filter (where applicable), ADSL/VDSL modem (where applicable), Service compatible router and computer. You must ensure that any equipment attached to the broadband Service is technically compatible with that Service, and does not breach relevant legislation or telecommunications industry standards.

7. Post Activation Faults

7.1 If you believe a fault has developed with the connection, your first method of remediation is to restart your router. Ensure you do NOT press the Factory Reset button, this will erase all settings from the router meaning once any fault has been cleared you wont be able to connect and a call out to repair the router will be required.

7.2 If the problem persists after a router reboot, please log the issue using one of the prioritised methods here: https://www.viawire.net/ways-to-get-support/ failure to report the issue via the correct methods may delay the start of any SLA that may be in place.

8. Satellite Connections

8.1 Via Wire uses a 3rd party for satellite broadband connection who impose specific and strict monthly bandwidth limits. Unless otherwise agreed the basic allowance of 25GB/month will be placed on the connection.

8.2 Additional bandwidth is available to purchase.

8.3 Re-grading is free of charge when upgrading, subject to the monthly cost. A charge may be imposed for downgrading, depending on the length of contract.

9. Unlimited Bandwidth

9.1 Via Wire offer unlimited bandwidth with some package types. This is subject to Via Wire Acceptable use policy, and where Your use of this service contravenes the Acceptable use policy Via Wire reserve the right to limit service speeds, or take such action as we deem appropriate in accordance with section 1.1 of the Acceptable Use Policy.

1. Definitions

Customer Data – The current data stored upon the Customer’s system, other than archive data and systems information

2. The Fee

2.1 The Fee for the service is calculated on the total amount of storage capacity reserved by the Customer charged at the rate stated in the Schedule. Should the original capacity prove insufficient, the Customer can request an increase at a revised Fee.

2.2 Backup services provided and billed for on a monthly basis that aren’t covered by another overriding agreement are subject to 3 (three) months notice.

3. Services
3.1 The Company will supply software to the Customer for the purposes of compressing, encrypting and transmitting instances of Customer Data at intervals throughout the day and night.
3.2 The Company will store the Customer Data at a data centre. The volume of Company Data to be stored is stated in the Schedule.
3.3 Backups will be made at the frequency stated in the Schedule
3.4 The Company will keep the Customer’s stored data for the period stated in the Schedule.

4. Customer Responsibilities

4.1 The Customer agrees for the Company’s software to be installed upon the Customer’s equipment. The Company retains all rights in any such software, and on termination of this Agreement for whatever reason, the Company shall be entitled to remove such software.
4.2 The Customer will maintain an internet connection of adequate capacity to enable backup data to be transmitted to the Company. The data traffic required to maintain an up to date backup will consume bandwidth, and may have a detectable effect on the overall performance of your internet connectivity.
4.3 The Customer will ensure the backup is functioning and the Company will provide access to necessary information to accomplish this. It is the Customer’s responsibility to confirm that all data the Customer wishes to be backed up is in fact included in the backup.
4.4 The Customer confirms it owns and is permitted to transmit all data to the Company.
4.5 The Customer agrees not to backup any data which is obscene, illegal, defamatory or which breaches the rights of any third party and will indemnify the Company from any claims or costs arising out of breach of this clause.

5. Limitations

5.1 Online backup is a service intended to be a reasonable precaution against data loss and to provide access to backed up data to enable business continuation after a loss of data. Online backup is not insurance against data loss nor is it a substitute for such insurance.
5.2 The Company will make reasonable endeavours to ensure that a current backup is maintained of all Customer Data. It is not possible to guarantee that all data files will be fully up to date at all times. Access to and restoration of an effective backup depends on an up to date copy of the data being held on the Company’s servers. The backups are taken as periodic ‘snapshots’, and not continuous. Copying to backup can be delayed for a variety of reasons, e.g. a file may be locked by a user application whilst in use, and so not accessible to the Company’s backup software until the data file is closed by the user application, or there may be a third party communications failure, which delays transmission of a backup to the Company’s server. Data files that are in use at the time of data loss will not be backed up.
5.3 So far as is reasonably practicable, backups will continue to be taken and available on a 24 hour 7 day basis, it is however technically impossible to provide fault-free service, and the service is provided ‘as is’ and without warranties of any kind, express or implied (other than warranties not capable of exclusion). Whilst the Company will use reasonable efforts to ensure that service is maintained at all times, to keep unavoidable interruptions to a minimum, and to give notice of anticipated interruptions, but it is inevitable that there may be times when the service or some aspects of it are not available.
5.4 Backups capture the Customer Data at the time the backup is taken. A continuous record of the Customer’s files will not be retained and only the files extant at the time of the backup are capable of being reinstated.
5.5 Our obligations are limited to using reasonable endeavours to maintain an adequate recent backup, and to providing prompt access to such backup data as is available.

6. Access to backed-up data

6.1 Upon request from the Customer for Customer Data, the Company will either;
(a) Provide remote access to Customer Data, which is included within the Fee
(b) Provide Customer Data upon a storage device at additional cost,
6.2 Access is obtained by user password, it is the Customer’s responsibility to keep any passwords issued to the Customer secure, and to advise the Company immediately if the Customer has reason to suspect a password to have become compromised. All access using a password allocated to the Customer is conclusively presumed to have been authorised by the Customer.
6.3 Unless otherwise requested by the Customer, the Customer’s data is encrypted with an encryption key only known to the Company. The Customer may generate and use their own encryption key and may choose to share this with the Company. If the Customer uses their own encryption key, the Company will have no ability to recover encrypted data.
6.4 The service is provided on a best endeavours basis, and does not guarantee data integrity or availability, the Company accepts no responsibility for lost data, and the Customer indemnifies the Company from any responsibilty if data isn’t available.

Cloud, Virtual and Dedicated Server Terms

Via Wire Cloud, Virtual and Dedicated Server Service Level Agreement

At Via Wire we aim to deliver the highest possible levels of up-time and agree that the Hardware on which your Cloud server or Virtual machine is based or Server Hardware and service critical infrastructure, including Power and Network Connectivity will be available for 99.99% of the time (excluding scheduled maintenance, advance notice of which will be given wherever possible).

In the event of an outage to one of these service components which results in server downtime customers may be entitled to claim a service credit of one day’s service fee for every hour that the server is unavailable, depending upon the outage circumstances. The period of the outage will be measured from the time you report the problem to our confirmation of restoration of service.

SLA claims may be made up to a maximum of one month’s service fee in any calendar month.

Outages caused by third party software installations or other modifications to the default server operating system as deployed do not fall within the terms of this Service Level Agreement.

Dedicated Server Contract Term

All dedicated servers are subject to a 12 month minimum contract term.

Cloud Services

Backups

While Via Wire take daily Backups of the customer data on our servers, Via Wire cannot guarantee the integrity of the customer data once the restore process has been completed. The backing up of data is subject to clauses 12.2 and 12.3 of Via Wire General Terms and Conditions.

Do
main Names

1 The following terms and conditions apply to the domain registration Service:

1.1 You acknowledge and recognize that the domain name system and the practice of registering and administering domain names is continuously evolving and that Via Wire may modify this Agreement as necessary from time to time to comply with any agreements by which Via Wire is or will be bound, and to adjust to changing business circumstances. We will notify of these changes by e-mail to refer You to the amended provisions.

1.2 Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments, including acceptance of the term and conditions required of Via Wire by its domain name services provider, to which you are bound. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.

2. Domain Name Registration

2.1 Via Wire has been granted the right to provide Internet domain registration Services for second-level domain names within the .com, .org, .net, .co.uk, .mobi, .eu, .org.uk, .ltd.uk and .plc.uk top-level domains.

2.2 ICANN oversees the .com, .org, .mobi and .net top-level domains. Nominet oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID oversees the .eu top-level domain. You can find information about ICANN’s Registrants Rights and Responsibilities document here: http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm

2.3 Upon Via Wire’ receipt of domain name registration information from You, Via Wire shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration. Tucows, Inc. currently acts as the registry administrator for the .com, .mobi, .org, and .net top-level domains. Nominet UK acts as the registry administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID acts as the registry administrator for the .eu top-level domain.

3. Selection of a domain name.

3.1 You represent that, to the best of Your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.

3.2 If You are registering a domain name during the finite period of time when owners of trademarks and service marks have priority to do so (“Sunrise Period”), You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted on the conditions applicable to those new domain names and their Sunrise provisions which may include a minimum registration term.

3.3 By registering or renewing a .uk top-level domain and agreeing to these terms & conditions, You agree that You have read and agree to the Nominet terms & conditions, If You are registering the domain for a third party, You warrant that the third party for whom you register the domain name have read and agree to the Nominet Terms &Conditions.

4. Name restrictions.

4.1 Registrations in the .name top-level domain must constitute an individual’s “Personal Name”. For purposes of the .name restrictions (the “Restrictions”), a “Personal Name” is a person’s legal name, or a name by which the person is commonly known. A “name by which a person is commonly known” includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

5. Fees

5.1 In consideration for Via Wire providing domain name registration Services to You, You agree to pay Via Wire, prior to the approval of the desired domain name registration, the amounts set forth in the Via Wire Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.

5.2 Your application will not be registered until Via Wire receives actual payment of the registration fee. If Via Wire does register a domain name prior to payment of the registration fee, Via Wire reserves the right to cancel that registration or restrict use of the domain name until payment has been received.

5.3 All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.

5.4 In the event of a charge back by a credit card company or other payment provider authorized by Via Wire, the domain name registration shall be transferred to Via Wire as the paying entity for the registration. Via Wire may reinstate Your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently £100.

5.5 Payment must be made by credit card or other methods we indicate in registration application or renewal form. We will renew Your domain name for You provided Your credit card or other billing information is available and up to date. If Your billing information is not accurate and You wish to renew Your domain name registration, we will contact You to update this information and charge accordingly.

5.6 Domain credits are non-refundable as they enable the purchase of domain names at discounted Prices, based on an up-front commitment.

5.7 Domain credits can be used for new registrations via the control panel, and will automatically be used for renewals of existing appropriate domain names. Domain credits expire 2 years after purchase and must therefore be used within 720 days of their date of purchase; unused domain credits will be deleted from your account 720 days after their initial date of purchase.

6. Free domain name registration

6.1 Please note that if You opt to take advantage of Via Wire free domain name registration You will automatically be charged for the renewal of the domain 30 days prior to its expiry.

7. Term

7.1 This Agreement shall remain in full force during the length of the term of Your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should You choose to renew or otherwise lengthen the term of Your domain name registration, then these terms and conditions will apply.

7.2 To ensure Your domains are not lost we operate a positive renewal system on all Via Wire domains – Your domain will automatically renew for the term it was registered for unless You opt-out of this Service through Your control panel. This is not refundable and it is Your responsibility to ensure valid contact and payment details are on Your account at all times – failure can lead to suspension.

7.3 Via Wire’ domain renewal process is automated, however, it is Your responsibility to check that Your renewal has been successful within one month of the renewal date. You will automatically be charged for the renewal of the domain 30 days prior to its expiry.

7.4 For .uk domains You can do this using Nominet’s WhoIs search, and for all other domains we recommend using the http://www.whois.org/ website domain lookup facility.

7.5 Ownership of data

7.5.1 You agree and acknowledge that Via Wire owns the following:

(a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database;

(b) all information and derivative works generated from the domain name database; and

(c) information for the registrations for which Via Wire acts as the registrar including:

(d) the original creation date of the registration;

(e) the expiration date of the registration;

(f) the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;

(g) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and

(h) other information generated or obtained in connection with the provision of domain name registration and management Services, other than the domain name being registered, and the IP names and addresses of the primary nameservers and any secondary nameservers.

7.5.2 Via Wire does not have any ownership interest in Your specific personal registration information outside of Your right in Via Wire domain name database.

7.6 Transfer of ownership

7.6.1 The person named as administrative contact at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of Your domain name to another person (the Transferee”) You shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by Via Wire in Via Wire sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by Via Wire in Via Wire sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

7.6.2 For further details and to action any transfer of ownership please login to Your Via Wire control panel.

8. Domain name dispute policy

8.1 You agree to be bound by the Domain Name Dispute Policy (the “Dispute Policy”), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found at the end of this document. Domain Name Dispute Policy

8.2 The Dispute Policy governs any dispute between you and any party other than us over the registration and use of the domain name. The specific disputes which are subject to the Dispute Policy are contained in the Dispute Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the domain name registration is disputed by a third party.

9. Domain name registration information and its use

9.1 Information You are required to Submit

9.1.1 As part of the registration process, You are required to submit to Via Wire and keep updated the following information in connection with Your application for domain name registration:

(a) the domain name to be registered;

(b) the domain name holder’s name and mailing address;

(c) the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name; and

(d) the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.

9.1.2 You shall provide and maintain updated information at all times with Via Wire. Via Wire at its discretion may refuse to renew any registrations unless You maintain current and updated information at all times.

9.1.3 Via Wire may from time to time request additional information from You. While not obligated to provide the additional information, You should provide the additional requested information to ensure that You will obtain all the products and Services which Via Wire makes available to domain name registrants.

9.2 Additional Information Maintained about Your Registration

9.2.1 In Addition to the information You provide, we maintain additional information relating to Your domain name registration, including:

(a) the original creation date of the registration;

(b) the date and time the registration application was submitted to Via Wire and the appropriate registry;

(c) communications constituting registration orders, modifications, or terminations and related correspondence;

(d) records of account for Your domain name registration, including dates and amounts of all payments and refunds;

(e) the IP names and address of the primary name servers and any secondary name servers;

(f) the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;

(g) the name, mailing address, email address, telephone number, and fax number of the domain registrant for the domain name;

(h) the expiration date of the registration; and (i) other information regarding all other activity regarding Your domain name registration and related Services.

9.3 Obligations Relating to Data Provided by You

9.3.1 If in registering a domain name You provide information about a third party, You hereby represent that You have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party’s information as set forth in this Agreement.

9.4 Disclosure and Use of Registration Information

9.4.1 You agree to authorize Via Wire to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree Via Wire may make publicly available, some or all of the domain registration information provided by You, for purposes of inspection such as through Via Wire’s WHOIS Service or for any purpose as required or permitted by ICANN and applicable laws.

9.4.2 In addition, You acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that Via Wire may or must make available to the public or to private entities, and the manner in which such information is made available.

9.4.3 You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action You may have arising from such disclosure or use of the domain name registration information.

9.4.4 We will not process any data about any person that we obtain from You in a way incompatible with the purpose and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from You from Via Wire loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

9.5 Agents and licences

9.5.1 You agree that in the event You register a domain name for another entity, You represent that You have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.

9.5.2 You acknowledge and agree that if You license the use of Your registered domain name to a third party, You remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating Your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely Resolution of any problems that arise in connection with domain name and domain registration.

9.5.3 In any circumstance where You are registering a domain for a third party, You agree that You must (in advance):

(a) Make Your customers aware of the Prices associated with domain name registration, renewal and maintenance.

(b) Give details of the domain name related Services You provide, which are relevant to this customer, information on how to invoke the Service, any Prices payable and how long You take to carry out the Service.

(c) Make Your customers aware of changes to Your Prices.

(d) Detail the method, availability and cost of customer Service provided.

(e) Act quickly after getting a request from Your registrant to take some action for them; and

(f) Update their details soon after You know that the current ones are out of date or wrong.

9.6 Registrant Data

9.6.1 You must not knowingly provide poor quality Registrant data. If You find out that a Registrant has provided poor quality data You should attempt to correct the data.

9.6.2 Consumers are currently allowed to opt-out of providing their postal address on the WHOIS. You should take reasonable steps to ensure the opt-out is used correctly and not set this field to default to opt-out unless You can show that all Your Registrants are consumers.

9.6.3 If You receive a request to register a domain name for a customer You must register the domain name in Your customer’s name. You may only register the domain name in Your or Your organisation’s name with the explicit prior written consent of Your customer.

9.6.4 You agree that if You register a domain on behalf of a third party, Via Wire can pass on the contact details of that third party to the Registry Administrator if required to do so by the Registry.

9.7 Limitation of liability

9.7.1 You agree that Via Wire shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if Via Wire has been advised of the possibility of such damages, and in particular Via Wire will not be liable for the following:

(a) suspension or loss of Your domain registration;

(b) use of Your domain name registration;

(c) interruption of Your business;

(d) access delays or interruptions to any web sites accessed by Your registered domain name;

(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;

(f) events beyond the reasonable control of Via Wire;

(g) processing of an application for domain name registration; or

(h) application of the Dispute Policy.

9.7.2 Via Wire shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to Your application, receipt of, or failure to receive a domain name registration.

9.7.3 Via Wire’s maximum aggregate liability shall not exceed the greater of:

(a) the total amount paid by You for registration of the domain name; or

(b) £50.00 (UK Pounds).

9.8 Indemnification of Via Wire

9.8.1 You agree to defend, indemnify and hold harmless Via Wire and the registry administrator, including Via Wire and its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs ( including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.

9.8.2 You also agree that in the event a domain name dispute arises with any third party, You shall indemnify and hold Via Wire harmless pursuant to the terms and conditions contained in the Dispute Policy.

9.9 Representations and warranties

9.9.1 You represent and warrant that:

(a) all information provided in connection with Your domain name registration is accurate; and

(b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.

9.9.2 You acknowledge and agree that all domain name registration Services provided to You by Via Wire are provided on an “as is” basis. Via Wire makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations Services, including but not limited to warranties of merchantability or fitness for a particular purpose. Via Wire makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize You from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to You.

9.10 Breach and revocation

9.10.1 Via Wire reserves the right to suspend, cancel, transfer or modify Your domain name registration in the event that:

(a) You materially breach this Agreement;

(b) You use Your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;

(c) You use Your domain name in connection with unlawful activity;

(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement; or

(e) You use Your domain name in connection with material that is slanderous to UKreg, Via Wire or other associated companies.

9.10.2 You further acknowledge and agree that Your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Via Wire) or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by Via Wire, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.

9.10.3 You also agree that Via Wire shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Via Wire receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

9.10.4 You acknowledge and agree that:

(a) providing inaccurate information;

(b) failing to update information promptly; or

(c) failing to respond to Via Wire’ inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request;

shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Your domain name registration.

10. No Guarantee

10.1 You acknowledge that registration or reservation of Your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name.

11. Specific TLD Registration Agreements

Terms and conditions for .UK domain names
Terms and conditions for .BIZ, .TV, .NAME, .COM,.NET, .MOBI, .ORG and .EU domain names
.xxx domain names general availability

1. Purpose.

1.1 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 Via Wire (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 http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider’s supplemental rules.

2. Your Representations.

2.1 By applying to register a domain name, or by asking Via Wire to maintain or renew a domain name registration, You hereby represent and warrant to Via Wire 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.

3.1 We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

3.1.1 subject to the provisions of Paragraph 8, Via Wire receipt of written or appropriate electronic instructions from You or Your authorized agent to take such action;

3.1.2 Via Wire receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or

3.1.3 Via Wire 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.

4.1 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 athttp://www.icann.org/udrp/approved-providers.htm (each, a “Provider”).

4.1.1 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.

4.1.2 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 online 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.

4.1.3 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 non-commercial 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.

4.1.4 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).

4.1.5 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”).

4.1.6 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.

4.1.7 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.

4.1.8 Via Wire 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.

4.1.9 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.

4.1.10 Notification and Publication. The Provider shall notify Via Wire of any decision made by an Administrative Panel with respect to a domain name You have registered with Via Wire. 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.

4.1.11 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 ad
ministrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that Your domain name registration should be cancelled or transferred, we will wait ten (10) business days (as observed in the location of Via Wire 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 Via Wire principal office or of Your address as shown in Via Wire 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 Via Wire of a resolution between the parties; (ii) evidence satisfactory to Via Wire 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.

5.1 All other disputes between You and any party other than Via Wire 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. Via Wire Involvement in Disputes.

6.1 We will not participate in any way in any dispute between You and any party other than Via Wire regarding the registration and use of Your domain name. You shall not name Via Wire as a party or otherwise include Via Wire 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 defences deemed appropriate, and to take any other action necessary to defend ourselves.

7. Maintaining the Status Quo.

7.1 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.

8.1 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 Via Wire 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.

8.2 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 Via Wire 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 Via Wire 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 Via Wire 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.

9.1 We reserve the right to modify this Policy at any time with the permission of ICANN. We will post Via Wire revised Policy here 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 Via Wire change. In the event that You object to a change in this Policy, Your sole remedy is to cancel Your domain name registration with Via Wire, provided that You will not be entitled to a refund of any fees You paid to Via Wire. The revised Policy will apply to You until You cancel Your domain name registration.

10. Dispute Policy for domains ending in .uk and .eu

10.1 Disputes involving UK domain names are handled by Nominethttp://www.nominet.org.uk/ Disputes involving .eu domains are handled by EURID http://www.eurid.eu/.

11. Contacting Via Wire

11.1 If You need to contact Via Wire regarding a domain name dispute please visit Via Wire support site at http://helpdesk.viawire.net

12. New gTLD pre-ordering

12.1 Disclaimer

Via Wire provides this service ‘as is’ and does not guarantee that this service will be error free.

After placing a preorder with Via Wire via the Via Wire website or from the customer control panel, the Customer will receive an email to their nominated email address confirming the Order. It is the customer’s responsibility to check that all information contained in the email is correct. If any mistakes are identified, the Customer must notify Via Wire by return email within 48 hours. Via Wire shall not be liable for any loss suffered by the Customer in relation to any error in their Order that has not been notified to Via Wire within the requisite time frame.

12.2 New gTLD Disclaimer

Via Wire aim to provide complete information regarding prices, terms and conditions, availability, timing and the continued introduction of ICANN policies.

Via Wire cannot guarantee to submit the customers pre-order on the exact date and time that the registry releases the domain for General Availability for all new domain names. This is due to public holidays and multiple release dates in the same week.

Pre-ordering a new gTLD for free with Via Wire does not prevent anyone else from pre-ordering the same domain name with any other domain name providers.

Via Wire cannot guarantee that you will be able to purchase your pre-reserved domain nam
e or that all available new gTLDs will be included in the Via Wire portfolio. We intend to notify you promptly when the domain name you have pre-reserved is available; however, we cannot guarantee the timing of this notice and you will not have priority over anyone else. Pre-ordered domain(s) that are not allocated to you will not incur any additional costs. Ordered domain(s) that are not registered by you will also incur no additional costs. Additionally, some domain names may be subject to restrictions.

12.3 Priority Applications for .London

The .London extension has been created for Londoners. As such, priority is given to people and businesses located in London before the extensions become available to those outside.

The four categories of priority for applications are:

1. Trademark holders that are verified with ICANN’s TMCH database
2. Londoners (those with a physical address in the City of London or its 32 boroughs) with rights to a name such as proof of business or trading name
3. Londoners (those with a physical address in the City of London or its 32 boroughs)
4. Non-Londoners

If you are the sole applicant for a specific .London domain, this will be registered to you during late August/early September when registrations are confirmed by the Registry.

If two or more applications are received for the same .London domain name, you will be asked to provide proof of business/trading name and address. Once this has been submitted, the rules above in relation to priority will apply.

In the event that a domain is applied for by two or more applicants with the same level of priority, these will go to auction after the close of priority applications on the 31st July. The auction process will be managed by the Registry.

By applying for a .London domain you agree to the terms and conditions regarding categories of priority as set out above.

*All prices ex VAT. Minimum registration period 1 year. Domain Priority Applications will incur a one off non-refundable £5 application fee which is charged at time of order and the registration fee will be charged one week prior to the application being processed. Any unsuccessful applications will be refunded immediately.

12.4 .UK terms and conditions

1. From the Launch Date, any person will be able to apply to register a .uk domain name provided that:
   • The second level domain is not one of the small number of existing second level domains (for example co.uk, org.uk, gov.uk, parliament.uk and britishlibrary.uk); and
   • Their application complies with the contact validation rules; and
   • The domain name for which they apply is not an Excluded Domain*; and
   • The extension applied for is not identical to that of an existing .co.uk etc. equivalent, which is reserved for the owner of that domain.
2. If a .UK extension is reserved, this is reserved for the owner of the .co.uk equivalent and if there is no .co.uk equivalent then either the org.uk, me.uk, ltd.uk or plc.uk equivalent domain extension.
3. Only the owner of the equivalent .co.uk etc. domain can order the same .uk domain
4. If this domain is held in an existing Via Wire account then you will only be able to order the .uk equivalent from the same count that the .co.uk etc. equivalent is held in.
5. The contact details must match exactly to those of the .co.uk etc. equivalent for your .uk application to be successful.
6. All contact details must be updated in line with the UK registry Nominet’s new data quality policy. All contact details must be formatted correctly with valid full address and postcode (PO BOX numbers will not be allowed), contact first and last name, telephone number and email address. All applications for .uk domain extensions submitted with invalid contact details will be rejected by Nominet.
7. All .UK domain contact details must be a valid UK address which includes the Channel Islands and the Isle of Man.
8. All .UK domain extensions with a co.uk etc equivalent will be reserved for a period of 5 years from June 10th 2014 to 07.59am GMT on June 10th 2019.
9. During this period nobody else apart from the owner of the .co.uk etc. equivalent can successfully register the .uk equivalent domain.
10. If your .co.uk etc. domain name is eligible for the .uk equivalent, but you don’t want to register it, no one else will be able to register it during the five year reservation period. But once the five years are up, the domain will become available to anyone who wants to register it. If you would like someone else to be able to use the .uk domain name before the 10 June 2019 – for example you may have been asked if you would be interested in selling the domain name to another person or company – you can do this. You will need to register the .uk domain name yourself and then transfer the domain name to the third party
11. After 10th June 2014, if an existing .co.uk etc. is not renewed and the domain name is cancelled and deleted from the register, any right to the equivalent .uk domain is lost and cannot be recovered this will also apply if the domain contacts associated cannot be validated then both extensions will be cancelled. And the .uk equivalent will automatically become available for someone else to register.
12. If you own an existing .co.uk etc. domain name with another provider other than Via Wire then you can still order your .uk equivalent through Via Wire. You will need to enter the same contact details as those held on record by Nominet for your .co.uk equivalent and you will receive a confirmation email from Nominet asking you to verify that you are the correct account holder for the .UK domain you are trying to register.
13. All prices are exclusive of VAT and are subject to a minimum one year contract.
14. Via Wire is not liable for and does not guarantee the registration of any applied for domain names. Via Wire’ general Terms and Conditions also apply.
15. Changing domain name registrants name for a .uk domain names:
    • To change the registrants name for a .UK domain name within 30 days of registration, please contact us through the ‘support’ area of your control panel.
    • We require you to indemnify Via Wire against any legal proceedings and agree that your request is genuine.
    • You also have the facility to change registrants names via your online account with Nominet UK. However, Nominet UK will charge for this process.
    • If the registrants name listed on your domain record does not meet the registry’s requirements, please contact support in the first instance to see whether we are able to resolve this issue for you, however, this is not possible in all cases so you may be referred to th
      e registry (Nominet UK).
16. Changing domain name registrants name for gTLD domains.
    • To change the registrants name for gTLD domains, the facility is available via the control panel. However, if you change the details of the registrant after registration then you will require written consent from the current registered owner to action this change.
    • Please note that at any time Via Wire may ask you to provide evidence that you have the authority to ‘change the registrants name’ of any domain name managed under the Via Wire umbrella.
    • Failure to gain the current owners written consent to change the Registrant details for any Domain Name may result in Via Wire Internet Ltd reverting any changes made to the original registrant details.
17. Domain Release Process. Via Wire is a Domain Registration Provider and Registrar and we are obligated by contract to assist if contacted directly by any domain registrants and will provide assistance via the ‘Domain Release Process’. Please note that we will notify the account holder and administrator in the first instance of the request being received and will give them the opportunity to resolve the matter directly with the registrant. However, if this is not possible or we do not receive a response within a reasonable time, we will proceed and release the domain name to the named Registrant listed on WHOIS. Please note that you are not authorised to withhold a domain name for anything other than outstanding registration or renewal fees. If you are owed for other services rendered, you will need to authorise release of the domain name and this debt must be recovered through your usual debt collection process.

*Excluded domains list
auditcommission.uk, cpni.uk, cesg.uk, crownprosecutionservice.uk, dartmoor-npa.uk, drinkingwater-inspectorate.uk, drugdrive-campaign.uk, exmoor-npa.uk, forestry-commission.uk, foodstandardsagency.uk, governmentartcollection.uk, gchq.uk, healthsafetylab.uk, healthsafetyexec.uk, hminspectorates.uk, hmi-constabulary.uk, hmcpsi.uk, hmi-prisons.uk, hmi-probation.uk, humantissueauthority.uk, independentmonitoring-board.uk, ipcc.uk, informationcommissioner.uk, jncc.uk, lakedistrict-npa.uk, nationalcrimeagency.uk, naturalresourceswales.uk, newforest-npa.uk, nucleardecommissioning.uk, nationalstatistics.uk, railregulation.uk, ofgem.uk, ofwat.uk, planningportal.uk, prisonsprobationombudsman.uk, mi6.uk, mi5.uk, seriousfraudoffice.uk, adjudicatorsoffice.uk, ukho.uk uksport.uk 4, statisticsauthority.uk, valuationtribunal.uk.

Support

Via Wire’s support of this service includes the installation and use of the software required for using the service as detailed in the license purchased. Support of individual applications will be serviced by the licence provider (for example, Microsoft Office 365 support queries will be managed by Microsoft).

Cancellation and refunds

Via Wire reserves the right to cancel the service at any time. In this event customers will be entitled to a pro-rata refund based upon the remaining period of membership. If a customer contravenes Via Wire’s terms of service a refund will not be issued in the event of a cancellation.

Customers may cancel their account at any time by giving written notice to Via Wire. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.

Licensing

Microsoft services provide subscribers with a complete working version of the software. Users are required to ensure the use of their software that’s licensed through Via Wire is in line with the overriding Microsoft Services Agreement, as agreed to when signing up for the services on the Vuzion/Microsoft portal, to ensure that their licence is still valid. Any users who have not paid their subscription fees, or who contravene the Microsoft Services Agreement will have their services cancelled and forfeit the right to a pro-rated refund and will be immediately responsible for any unpaid fees due until the end of the agreed term.

Term

Unless otherwise specified the term of all Microsoft services is 12 (twelve) months and will auto renew unless notice is given no less than 30 (thirty) days prior to the renewal date. The payment and credit terms will be agreed in advance of the initial invoice before the supply of the services and licensing can commence.

1. Via Wire makes no representation, gives no warranty as to and accepts no liability in relation to your use of the Email Provision, Telecom Services and/or SMS Services the accuracy or quality of information received by any person via the Email Provision, Telecom Services and/or SMS Services and/or any loss of or damage to any data stored or transferred via the Email Provision, Telecom Services and/or SMS Services.
2. Via Wire reserves the right to suspend any account if it remains unused for a period of three months and delete any remaining credit balance, without refund. In the case where an account is active but credits remain unused after a period of twelve months or greater, Via Wire reserves the right to remove any unused credits from the balance of the account.
3. Via Wire will automatically disable Telecom Services if the required direct debit mandate isn’t maintained.
4. One message credit is consumed per message delivery or attempted delivery. Via Wire reserves the right to charge internetworking or network termination fees or to deduct messages from an SMS account balance of equivalent value to any internetworking or termination fees due.
5. Account Credits including but not limited to top-ups are non-refundable under any and all circumstances.
6. Inbound SMS: in absence of any other agreement, Via Wire reserves the right to suspend any accounts where the amount of incoming or outgoing messages impinges on the provision of services to other users. In such instances, the account holder will be given an opportunity for compliance.
7. By purchasing our Voice over IP (VoIP) telephony services you understand that:
   1. You may not get quality or reliability comparable to a conventional PSTN phone line and specifically, Via Wire does not offer any warranty or assurances of same;
   2. The service may sometimes be unavailable as a result of circumstances beyond our control such as internet connections or other similar issues. Our services should not be used for accessing or attempting to access 999 or 112 type public emergency call services.
   3. If you do connect to emergency services, we may not be able to pass your location details or number to the emergency operator – you must provide all information to the operator.
   4. All calls are subject to a minimum connection charge of £0.05 regardless of any call bundles applied to the account.
   5. New or renewing phone systems are subject to a minimum 18 month term.
   6. You may not be able to port your number away from Via Wire and in those circumstances where it is possible, a porting charge of £60 per number may be made by Via Wire.
   7. The service is subject to different OFCOM regulations to that of a normal Publicly Available Telephone Service and that your rights for redress under such regulations may be affected.
   8. In order to combat telephone fraud and number misrepresentation, only valid and verified caller IDs may be presented on outbound calls. Anonymous caller ID is also disallowed via our service.
8. Vanity or cherished telephone number(s) have a minimum term. This is 24 calendar months by default and the remainder of this term is shown within the control panel. This minimum period also begins on the date the number was allocated to the account. The end-user or customer reserves the right to cancel the number within the term at which point the number(s) return to the range holder or Via Wire.

 

This policy is subject to change, so please check regularly for updates. This policy is in addition to Via Wire Terms & Conditions.

Use of Services

1.1 Via Wire reserves the right to suspend or cancel a customer’s access to any or all Services provided by Via Wire, where Via Wire decides that the account has been inappropriately used. Via Wire reserves the right to refuse Services and/or access to its servers to anyone.

1.2 Via Wire offer unlimited web space and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any material which does not comply with our content guidelines (see section 3)

1.3 Via Wire provides unlimited, burstable bandwidth and Burstable RAM with some of the services and for these resources we require that you do not continuously use an unreasonable excess of such resources. Use of them in a temporary, burstable fashion is acceptable.

1.4 Via Wire offer large numbers of mailboxes with some account types subject to a fair use policy. Mailboxes are intended for direct use by the package owner and should not be resold or offered for use by third parties. Should the number of active mailboxes assigned to an individual package exceed 49, Via Wire reserve the right to restrict the number of mailboxes included in the package price.

1.5 Via Wire reserve the right to delete mailboxes (including contents) that are deemed inactive, i.e. have not been accessed within the last 180 days.

1.6 Via Wire will suspend access to, or cancel, an account which:

1.6.1 Contains invalid or fraudulent details.

1.6.2 Initiates a payment card chargeback.

1.7 You agree;

1.7.1 not to re-sell or offer for the use of third parties any part of our services, unless you have purchased a reseller package or dedicated server.

Acceptable use guidelines

2.1 You may not use the Services:

2.1.1 in any way that breaches any applicable regulation , UK or International law.

2.1.2 in any way that is fraudulent;

2.1.3 to host any material which is in breach of our content guidelines (see section 3);

2.1.4 to transmit, or otherwise permit any unsolicited or unauthorised advertising or promotional material or any other form of similar marketing material ,also known as SPAM or Unsolicited Commercial E-mail (UCE)

2.1.6 to publish or otherwise distribute Warez, copywritten or other illegal material. The onus is on You the customer to prove that You own the rights to publish material, not for Via Wire to prove that You do not.

2.1.7 to participate in any file-sharing/peer-to-peer activities;

2.1.8. as a file backup store. All files uploaded to a domain on our servers must be visible and accessible by visiting that domain, unless they are hidden files needed to operate the website; we reserve the right to delete files which do not match these criteria without giving notice to you.

2.1.9 to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy Services, anonymous or otherwise, are not allowed

2.1.10 to use an excessive amount of server resources. These include bandwidth, processor utilization and / or disk space.

2.1.11 to offer HTTP downloads from your site, other than where the files are directly related to the subject matter of the site. We recommend you stream any multimedia content including audio and video files. Any downloads offered by You under this clause are subject to sections 1.2, 2.1.6, and 2.1.10 of this Acceptable Use Policy. Via Wire reserves the right to archive any download content we do not believe to be necessary for the normal operation of the site, and the definition of this is entirely at the discretion of Via Wire.

2.1.12 to redirect users from a non-.XXX website to a .XXX website

Content guidelines

3.1 These content guidelines apply to any and all services provided by Via Wire to You .

3.2 Material published to or transmitted through our servers must:

3.2.1 be accurate (where stating facts);

3.2.2 comply with applicable law in accordance with section 2.1.1 of this policy.

3.3 Material must not:

3.3.1 be defamatory of any person;

3.3.2 be obscene, offensive, or inflammatory;

3.3.3 contain any adult material with the exception of content hosted on .XXX domains. Adult material includes all pornography; or otherwise lewd or obscene content. The designation of ‘adult material’ is left entirely to the discretion of Via Wire.

3.3.4 material hosted on .XXX domains must not breach any of theIFFOR policies. These include, but are not limited to:

i. .XXX registrants must not display any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, depicting child pornography as defined in the United Nations Convention on the Rights of the child.

ii. .XXX registrants must agree to permit automated monitoring of their sites by IFFOR or if applicable, any other recognised third party for compliance with IFFOR policies, including without limitation, IFFOR policies requiring site labelling, prohibiting child pornography, and prohibiting content or conduct designed to suggest the presence of child pornography. Registrants must agree not to employ technological or other means to defeat or prevent such monitoring.

iii. No registrant shall use or permit use of a .XXX domain name for or in connection with email spoofing, phishing, spam, or other forms of malicious behaviour, in accordance with specifications and policies issued by IFFOR from time to time.

iv. No registrant may register an abusive string in the sTLD including, without limitation, strings that infringe the intellectual property rights of a third party, including common law trademark rights; strings that are obvious variants of well-known trademarks not belonging to the registrant; first and last names of an individual other than the individual or his/her agent or names that suggest the presence of child pornography.

3.3.5 infringe any copyright, or trade mark.;

3.3.6 be likely to deceive any person;

3.3.7 promote or assist any illegal activity;

3.3.8 be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

3.3.9 be used to to misrepresent your identity or affiliation with any person or organization;

3.4 You must ensure that any end-user submitted content such as forum posts or chat room entries meet with the standards defined within this Policy.

4. Enforcement

4.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of Via Wire Services. When a breach of this policy has occurred, we may take such action as we deem appropriate in accordance with section 1.1 of this Acceptable Use Policy.

4.2 Failure to comply with this Acceptable Use Policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use Via Wire Services, and may result in our taking all or any of the following actions:

4.2.1 immediate, temporary or permanent withdrawal of your right to use Via Wire Services;

4.2.2 immediate, temporary or permanent removal or archiving of any content in breach of our Content Standards (as defined in section 3 of this Acceptable Use Policy) uploaded to our servers;

4.2.3 issue of a warning to you;

4.2.4 issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

4.2.5 further legal action against you; or

4.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

4.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

5. General

5.1 Via Wire have a Police Liaison function and we are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.

6. Contact Information

6.1 We are happy to answer any questions You may have regarding Your Via Wire Services. Please note that any discussions with Via Wire Ltd are treated in strictest confidence, so we may need to ask You security questions to confirm that we are speaking to the right person.

7. Privacy policy

7.1 Your right to privacy is very important. Via Wire recognise that when You choose to provide Via Wire with information about Yourself, You trust Via Wire to act in a responsible manner. We believe this information should onl
y be used to help Via Wire provide You with a better Service. That’s why we have put a policy in place to protect Your personal information which you can read by clicking on the link below.

Please note: by signing up for any of Via Wire Services You agree to be bound by all Via Wire terms and conditions.

(Define: ‘Services’ = all products/services offered by Via Wire Ltd)

Reporting Misuse

In order to efficiently process your report we need you to send as much information as possible and your contact email address and phone number. Below are details that we will need from you when investigating internet misuse. Reports will not be investigated until the below details are received, so if any of the below is missing from your report, please re-send the information.

1) Reporting port scanning, attempted hacking and firewall activity

Where your report is based upon information obtained from a firewall, please ensure that you send the relevant unedited firewall log (or excerpt). Please ensure that the log includes the time, date and time zone.

You also need to confirm that the clock on your PC is accurate and that you are using the correct time zone for your locale. If your clock is inaccurate please indicate how many minutes and seconds wrong it is (There is an online clock website to check your PC clock here: http://www.timeticker.com/main.htm).

Screenshots or image files will not be accepted as evidence of a system intrusion.

If you see any other misuse on your own servers originating from a Via Wire IP Address, then please send us the following information:

Your URL, your web server log, shows the IP Address, Time, Date and Time zone of the IP Address logging into your server and any details of the misuse that has taken place.

2) Reporting email / newsgroup misuse (including spam)

We require the full header and content of the Email/Newsgroup post. The header enables us to trace the journey that an Email/Newsgroup post has made from the computer it originated from to the computer it was downloaded to. Please see below for instructions on retrieving full mail headers within Microsoft Outlook. If you use another mail client, Please check your providers support documentation for this information.

To retrieve headers in Outlook (with the email not opened in your inbox):

1. Right click on a message and choose “Options”
2. From pop-up box, copy all from “Internet Headers” window
3. Close pop-up box
4. Right click on the message again and choose “Forward”
5. Paste headers into the top of the pop-up email forward window
6. Submit via http://www.viawire.net/contact-us/

To retrieve email headers from Outlook Express for Windows:

1. With the mail unopened in your inbox
2. Right click on the mail
3. Choose properties
4. Click on the ‘details’ tab at the top of the ‘pop-up’ box
5. Press “message source”
6. Copy the contents of the new window and paste it into http://www.viawire.net/contact-us/

To retrieve email headers from Outlook Express for Macintosh:

1. With the mail unopened in your inbox
2. Click View
3. Click Source
4. To select all use: command + a
5. To copy use: command + c
6. To paste the header use: command + v
7. Paste the contents into http://www.viawire.net/contact-us/

3) Reporting virus activity

If you have received or been infected by a virus, worm or Trojan please note that Via Wire are unable to offer any support in their removal. We recommend that you install Anti-Virus software and ensure that it is updated regularly. Please include the following information in your complaint.

Header of the email (if one is available) and content of the email.

The email attachment that was sent to you (if any). The attachment may need to be placed in an archived file (.zip, .rar etc) for our email software to receive it. The website contains helpful instructions to help you with this procedure. If you cannot attach the virus, then please send the email and header only.

4) Reporting web space abuse

If you become aware of any web space hosted by Via Wire that you feel is in contravention of our Terms and Conditions or Acceptable Use Policy, then please email us with the details.

Please send the following information:

The URL (such as www.viawire.net), the time and date that you noticed the infringement, any details regarding how you came to view the material and a precise description of why you believe the domain to be in breach.

Via Wire actively report any illegal activities that take place on our servers to the Police. Via Wire also work with the Internet Watch Foundation to ensure that any images of child abuse are removed from our service and reported as soon as we are made aware, in line with current working practices.

Privacy policy

Your right to privacy is very important. Via Wire (referred to below as “we” or “us”) recognise that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. We believe this information should only be used to help us provide you with a better service. That’s why we have put a policy in place to protect your personal information.

By using this website, you give your consent that all personal data you submit may be processed in the manner and for the purposes described below.

For the purposes of the Data Protection Act 1998 (“the Act”), the data controller is Via Wire Internet Limited with registered office at Baywood, 4 Brittains Lane, Sevenoaks, Kent, TN13 2ND.

1) What personal information do we collect?

We may collect and process the following data about You:

• Details of transactions You carry out through our website and the fulfilment of your order. When making a purchase with Via Wire, we will collect your contact information, which includes
  name, address, email address and phone number, as well as payment information.
• When you become a Via Wire customer you automatically subscribe to electronic newsletter and special offer promotions. You can adjust your email preferences and/or unsubscribe from certain communications via your Via Wire Control Panel
• If you contact us, we may keep a record of that correspondence
• Other information to help us provide you with improved services
• We may also collect information from the cardholder if another member of your household

2) How we use your information

We use information about you in the following ways:

• To help us identify you and any accounts you hold with us
• To enable us to review, develop and improve the website and services
• To provide customer care
• To carry out marketing and statistical analysis
• To notify you about changes to our website and services
• To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contact for such purposes.

3) With who is the information shared?

We may disclose your personal information to third parties:

• Any cardholder who has purchased services on your behalf
• Any employees, agents or service providers of Via Wire to deal with any accounts or to deliver specific services to you.
• Any associated company who are our business partners and/or with whom we work.
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, subject to their entering into appropriate confidentiality undertakings.
• If Via Wire or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or to protect the rights, property, or safety of Via Wire, our customers, or others. This includes but is not limited to exchanging information with other companies and organisations for the purposes of fraud protection, credit risk reduction and dispute policies.

4) Use of cookies

Via Wire uses cookies for various reasons, for example, cookies enable us to track information during the domain name registration and package sign-up process. These cookies do not track individual information. Cookies from Via Wire can only be read by Via Wire. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site and you will not be able to carry out a transaction with us unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our website.

If you do nothing other than read pages or download information while using this web site, we will capture and store information about your visit. This information will not identify you; it relates to:

• the Internet domain (e.g. www.company.co.uk) and IP address from which you access the web site
• the type of browser (Internet Explorer or Netscape) and operating system (Windows, UNIX) you use
• the date and time of your visit
• the pages you visit
• the address of the web site from which you linked to us (if applicable).

We use this information to make each visit more rewarding, and to provide us with information to help improve our service. We do not know (and do not want to know) the identities of people who visit us in this way.

For further information about cookies, you may like to visit www.allaboutcookies.org.

5) Where we store your Personal Data

All information you provide to us is stored on our secured servers in the UK. Any payment transactions will be encrypted. Credit card numbers are used for processing payment only and are not retained for marketing purposes.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping the password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Athough we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

6) Links

Via Wire may provide links to third party sites. Since we do not control those websites, we encourage you to review the privacy policies of these third party sites. Any information You supply on such sites will not be within our control.

7) How can you update the personal information you have provided to us?

You can help us maintain the accuracy of your information by notifying us of any changes to your address, title, phone number or e-mail address. You can do this by updating your personal details from within your Via Wire Control Panel.

The personal information we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of collection. We reserve the right to change this Privacy Policy from time to time and will provide notice of these changes on the Privacy Policy on this page. You should make sure you periodically review the Privacy Policy to make sure it meets your needs.

8) Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by e-mailing us at http://www.viawire.net/contact-us/

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

9) Co
ntact Us

Please e-mail any questions or comments you have about privacy to us at http://www.viawire.net/contact-us/