Keydata Solutions Limited – Terms & Conditions
We want to make being a Keydata Solutions customer the best experience it can be.
Keydata Solutions provides internet, email and application hosting and additional services. Keydata Solutions reserves the right to suspend or cancel a customer’s access to any or all services provided by Keydata Solutions when Keydata Solutions decides that the account has been inappropriately used or otherwise.
Note, all our services are covered by the General Terms and Conditions. In addition please see service specific terms and conditions.
Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our T&Cs. We will, however, notify you of any prominent changes we feel you need to be pro-actively made aware of.
By signing up for any of our services you agree to be bound by all Keydata Solutions Terms and Conditions.
General Terms & 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 Keydata Solutions Limited forms the Agreement between Us. If any of these General Terms & Conditions are inconsistent with any terms set out in Keydata Solutions Service specific terms & conditions, the Service specific terms & conditions shall prevail.
You acknowledge and accept that your use of the Services must be in accordance with the Acceptable Use Policy outlined in this document.
1.1 “Agreement” means any agreement to which these terms & conditions are incorporated.
1.2 “Keydata Solutions” means Keydata Solutions Limited with registered office at 38 Azerley Grove, Harrogate, North Yorkshire, HG3 2SY, company number 2899702.
1.3 “Package” means a collection of Services.
1.4 “Pay As You Go” means Keydata Solutions 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 Keydata Solutions.
1.7 “You/Your” means the person or company who purchases Services from Keydata Solutions.
2. Duration and Automatic Renewal of Services
2.1 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all Services for which payment is required on a monthly basis are provided for a fixed annual (i.e. 12 month) term. The contract will automatically renew on its anniversary date and continue for successive further 12 month periods, unless terminated in accordance with these General Terms & Conditions or the Services or Package specific terms, if different to these General Terms & Conditions. In the event that You have an existing contract with Us commenced prior to 29 March 2010 (“existing contract”) the term and termination provisions of that existing contract shall continue to apply.
2.2 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all Services for which payment is required annually in advance shall be provided for a fixed annual (i.e. 12 month) term. The contract will automatically renew on its anniversary date and continue for successive further 12 month periods, unless terminated in accordance with these General Terms & Conditions or the Services or Package specific terms, if different to these General Terms & Conditions.
2.3 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all Services for which payment is required biennially in advance shall be provided for a fixed biennial (i.e. 24 month) term. The contract will automatically renew on its anniversary date and continue for successive further 24 month periods, unless terminated in accordance with these General Terms & Conditions or the Services or Package specific terms, if different to these General
Terms & Conditions.
2.4 Please be aware that unless you terminate the Services in accordance with clause 3 below or the Services or Package specific terms, the Services will automatically renew on the anniversary date of the contract for a successive contract term and You will be responsible for a further 12 or 24 months Prices whichever is applicable. If you choose to terminate the Services any time after the anniversary date of the contract You will still be required to pay the Prices for the remaining period of the then current term of the contract.
3.1 You are entitled to cancel the Services by submitting a cancellation request to our support team via the website or email no less than 7 days prior to the anniversary date of the contract term or the relevant service specific terms & conditions pertinent to the Services or Package you have purchased.
3.2 For details of cancellation process see the Cancellation Process sect ion of this document.
3.3 Keydata Solutions reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or Service Specific Terms & Conditions and/or our Acceptable Use Policy.
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 Keydata Solutions 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 Keydata Solutions, 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.
5.1 All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package.
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 an annual (12 month) or biennial (24 month) basis then You will be required to pay pursuant to the payment plan You selected, either paying annually or biennially in advance or by way of monthly instalments in advance throughout the year.
5.3 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 Keydata Solutions’ cancellations procedure set out in clause 3 above. Payment of the Price will be taken via the payment method specified on the invoice. For further clarification please contact us
5.4 Keydata Solutions 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 Keydata Solutions 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 lawfully authorised to make payment using the payment card or facility You disclose to Keydata Solutions. 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 Keydata Solutions’ Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card, the details of which You have provided. You will indemnify and hold Keydata Solutions harmless in the event that the cardholder or issuer declines any transaction for payments to Keydata Solutions, including all of Keydata Solutions costs in administering Your non-payment and obtaining payment of those Prices due.
5.7 Where You provide Keydata Solutions with information relating to a third party, including but not limited to the use of their payment details, either in accordance with clause 5.6 above or for any other purpose, You warrant that You have obtained express consent from the third party for Keydata Solutions to use their information and you consent that we may share your information, including but not limited to the Services You have purchased, to enable the third party to ascertain the terms of your Agreement with Us and why we are authorised to take payment from the third party’s payment card or PayPal account, if necessary, to contact the third party for the purposes of this Agreement.
5.8 Keydata Solutions reserves the right to suspend 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 Keydata Solutions accepts your cancellation request.
5.9 You are required to have a valid email address and credit/debit card and/or PayPal account 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 for any reason You must immediately notify Keydata Solutions and provide details of a current valid payment card and/or PayPal Account.
5.10 PayPal – Payments processed by PayPal are subject to PayPal’s terms and conditions of Service, and Keydata Solutions makes no representations or warranties with respect to those Services.
5.11 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.
5.12 If You fail to pay all Prices due, Keydata Solutions reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all Prices which are overdue and payable to Keydata Solutions.
5.13 Please refer to Keydata Solutions Service specific terms & conditions including, but not limited to, the Domain Name terms of Service for Domain Name for specific payment policies.
6.1 If You withdraw any payments made via a bank, credit card or PayPal account (a “chargeback”) You may be subject to an administration fee of £50, should Keydata Solutions deem the chargeback to be unfair. Keydata Solutions also reserves its right to defend such chargebacks and recover the original monies from You or the card issuer.
6.2 If a chargeback is made, Keydata Solutions Limited reserves the right to interrupt, suspend or cancel the Services. Such interruption, suspension or cancellation does not relieve You from paying the original Prices which are overdue and payable to Keydata Solutions Limited.
7. Appropriate Service Use
7.1 Keydata Solutions reserves the right to refuse Service and/or access to its servers and/or Services to anyone.
7.2 Keydata Solutions does not allow any content which breaches our Acceptable Use Policy to be stored on its servers.
7.3 Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of Keydata Solutions.
7.4 Keydata Solutions reserves the right to move Your data to a different server with no previous notice.
8. Scheduled Maintenance
8.1 To guarantee optimal performance on the servers, it is necessary for Keydata Solutions to perform routine maintenance. Such maintenance often requires taking Keydata Solutions Exchange servers off-line, typically performed during off-peak hours. Keydata Solutions will give You advance notice of maintenance requiring the servers to be taken off-line whenever possible.
9.1 We will endeavour to provide a continuous high quality service. If You experience problems with Your Service, You should consult Keydata Solutions support website and search for a resolution to Your problem in Keydata Solutions Knowledge Base. You will also find Keydata Solutions 24/7 support contact details on the Keydata Solutions website at http://www.keydatasolutions.co.uk/.
9.2 Please note we may require suspension of some of Keydata Solutions Services for short scheduled periods to carry out maintenance or repair to Keydata Solutions Services. Information concerning scheduled downtime is available on the Keydata Solutions website, as are details of any interruptions to Keydata Solutions Services.
10. Reselling of Services
10.1 All Services other than Keydata Solutions Reseller Packages are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting Services of their website to other parties.
10.2 Keydata Solutions 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 Keydata Solutions delivers the Services.
11. Database Usage
11.1 If You exceed the limits on Keydata Solutions database products (MS SQL and MySQL) then we will automatically charge You for the additional space You use at Keydata Solutions 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. Ownership of Data
12.1 All data created or stored by You within Keydata Solutions’ applications and servers are your property. Keydata Solutions shall allow access to such data by only authorised Keydata Solutions personnel.
12.2 You are responsible for backing up Your data.
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.
14.1 It is the mailbox owner’s responsibility to keep his/her password confidential, and to change the password on a regular basis. Keydata Solutions is not responsible for any data losses or security issues due to stolen passwords. Keydata Solutions recommends that you use passwords that contain numbers and symbols in order to prevent unauthorised users from guessing commonly-used choices (i.e. “12345”, “password”, etc.).
15. Your Personal Details
15.1 Please note that whilst Your email is primarily used for billing purposes, Keydata Solutions reserves the right to email You information about enhancements to Keydata Solutions systems and product offerings. You can unsubscribe from marketing communications by Contacting us.
16. Keydata Solutions Disclaimers and Warranties
16.1 Keydata Solutions back up server data/websites on a monthly basis and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Keydata Solutions 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 Keydata Solutions and its employees.
16.2 Keydata Solutions 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.
17.1 Keydata Solutions 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 Keydata Solutions 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, Keydata Solutions’ 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 twice 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 Keydata Solutions, its employees or its sub-contractors.
17.5 Keydata Solutions 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 Keydata Solutions’ 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 Keydata Solutions 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 Keydata Solutions (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.
19.1 The failure of Keydata Solutions 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 Keydata Solutions of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
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 not withstanding 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.
21.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Keydata Solutions 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.
24.1 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 Fasthosts However, in the event that Fasthosts 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
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.
31.1 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. Keydata Solutions 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 Keydata Solutions as reflected in the original provision.
32. Price Adjustments RPI
32.1 Each year at the end of February our prices will be adjusted in line with the Government Published RPI (Retail Price Index). This is to take account of any inflation over the previous 12 months.
The following terms and conditions apply to Keydata Solutions email Services.
1. Use of Microsoft Outlook Software
1.1 Keydata Solutions Exchange Mail accounts include licensing for Outlook Client Software. The license fee is included in the monthly Keydata Solutions 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 Keydata Solutions Exchange Mail account You are responsible for uninstalling any Outlook software that is licensed to You as part of the Keydata Solutions 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 by Contacting us. It is the mailbox owner’s responsibility to ensure that his/her mailbox does not reach its allocated level. Keydata Solutions cannot be responsible for email lost due to full mailboxes. You can check Your mailbox size from your webmail login at This Link.
3. Service availability
3.1 Keydata Solutions 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.
4.1 Keydata Solutions 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 Keydata Solutions systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner’s responsibility notify to Keydata Solutions. 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 by Contacting us.
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. Keydata Solutions 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 by Contacting us.
7. Anti-virus checking
7.1 Fasthosts 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 Keydata Solutions platform are not checked.
8. Anti-SPAM message filtering
8.1 Keydata Solutions runs anti-SPAM software on its email servers for all Advanced and Exchange mailboxes. You can determine the levels of spam protection by Contacting us.
8.2 Keydata Solutions 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 Keydata Solutions 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 Keydata Solutions and Keydata Solutions spam/ illicit material policies please see the Acceptable Use Policy section of this document.
10. Email retrieval and timescale
10.1 Keydata Solutions’ 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; (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. Keydata Solutions does not accept any responsibility whatsoever for any deleted mail.
The following terms and conditions apply to the Hosting service:
If charges relating to hosting (or any additional products associated with hosting) are outstanding for a period greater than 5 working days, your service will be suspended and furthermore, Keydata Solutions will refer the account to a debt collection agency and inform credit reference agencies. This may seriously affect your ability to obtain credit in the future. All hosting packages purchased after 25 February 2008 are subject to a 12 month minimum contract term.
Service level agreement
At Keydata Solutions we aim to deliver the highest possible levels of up-time. If our internet connectivity fails to meet the 100% up-time guarantee for your server, then you’ll be eligible to claim a refund of one day’s service fee for every hour that your server is unavailable. Contact us via our website should you require any additional information.
Please note: 100% uptime guarantee does not include scheduled maintenance – normally conducted outside of working hours.
If we can’t fulfil this service level agreement, any compensation will be limited to the total fees that you have prepaid, excluding setup fees.
Keydata Solutions will refund no more than one month’s service fee.
1.1 The following terms and conditions apply to the domain registration Service:
1.1.1 You acknowledge and recognise that the domain name system and the practice of registering and administering domain names is continuously evolving and that Keydata Solutions may modify this Agreement as necessary from time to time to comply with any agreements by which Keydata Solutions 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.
1.1.2 Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments. 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 Keydata Solutions 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.
2.3 Upon Keydata Solutions’ receipt of domain name registration information from You, Keydata Solutions 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. Network Solutions, 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.
5.1 In consideration for Keydata Solutions providing domain name registration Services to You, You agree to pay Keydata Solutions, prior to the approval of the desired domain name registration, the amounts set forth in the Keydata Solutions 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 Keydata Solutions receives actual payment of the registration fee. If Keydata Solutions does register a domain name prior to payment of the registration fee, Keydata Solutions 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 authorised by Keydata Solutions, the domain name registration shall be transferred to Keydata Solutions as the paying entity for the registration. Keydata Solutions 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.
6. Free domain name registration
6.1 Please note that if You opt to take advantage of Keydata Solutions free domain name registration You will automatically be charged for the renewal of the domain 30 days prior to its expiry.
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 Keydata Solutions domains – Your domain will automatically renew for the term it was registered for unless You opt-out of this Service by Contacting us. 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 Keydata Solutions’ 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 Keydata Solutions 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 Keydata Solutions 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 Keydata Solutions does not have any ownership interest in Your specific personal registration information outside of Your right in Keydata Solutions 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 Keydata Solutions in Keydata Solutions sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by Keydata Solutions in Keydata Solutions 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 contact us.
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.
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 Keydata Solutions 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 Keydata Solutions. Keydata Solutions at its discretion may refuse to renew any registrations unless You maintain current and updated information at all times.
9.1.3 Keydata Solutions 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 Keydata Solutions 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 Keydata Solutions 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 authorise Keydata Solutions 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 Keydata Solutions may make publicly available, some or all of the domain registration information provided by You, for purposes of inspection such as through Keydata Solutions’ 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 Keydata Solutions 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 You may access Your domain name registration information in Keydata Solutions’ possession to review, modify or update such information, by accessing Keydata Solutions domain manager Service, or similar Service, available at Keydata Solutions website at www.keydatasolutions.co.uk.
9.4.5 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 Keydata Solutions loss, misuse, unauthorised 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, Keydata Solutions 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 Keydata Solutions 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 Keydata Solutions has been advised of the possibility of such damages, and in particular Keydata Solutions 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 Keydata Solutions;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policy.
9.7.2 Keydata Solutions 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 Keydata Solutions’ 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 Keydata Solutions
9.8.1 You agree to defend, indemnify and hold harmless Keydata Solutions and the registry administrator, including Keydata Solutions 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 Keydata Solutions 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 Keydata Solutions are provided on an “as is” basis. Keydata Solutions 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. Keydata Solutions makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunise 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 Keydata Solutions 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 Keydata Solutions 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 Keydata Solutions) 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 Keydata Solutions, 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 Keydata Solutions 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 Keydata Solutions 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 Keydata Solutions’ enquiries 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.
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 Keydata Solutions (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 Keydata Solutions to maintain or renew a domain name registration, You hereby represent and warrant to Keydata Solutions 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, Fasthosts receipt of written or appropriate electronic instructions from You or Your authorised agent to take such action;
3.1.2 Keydata Solutions receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
3.1.3 Keydata Solutions 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 at http://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 on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Your web site or location or of a product or service on Your web site or location.
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 organisation) 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 Keydata Solutions 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 Keydata Solutions of any decision made by an Administrative Panel with respect to a domain name You have registered with Keydata Solutions. 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 administrative 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 Keydata Solutions 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 Keydata Solutions principal office or of Your address as shown in Keydata Solutions 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 Keydata Solutions of a resolution between the parties; (ii) evidence satisfactory to Keydata Solutions 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 Keydata Solutions 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. Keydata Solutions Involvement in Disputes
6.1 We will not participate in any way in any dispute between You and any party other than Keydata Solutions regarding the registration and use of Your domain name. You shall not name Keydata Solutions as a party or otherwise include Keydata Solutions 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 Keydata Solutions 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 sub-paragraph.
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 Keydata Solutions 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 Keydata Solutions 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 Keydata Solutions 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 Keydata Solutions 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 Keydata Solutions change. In the event that You object to a change in this Policy, Your sole remedy is to cancel Your domain name registration with Keydata Solutions, provided that You will not be entitled to a refund of any fees You paid to Keydata Solutions. 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 Nominet http://www.nominet.org.uk/ Disputes involving .eu domains are handled by EURID http://www.eurid.eu/.
11. Contacting Keydata Solutions
11.1 If You need to contact Keydata Solutions regarding a domain name dispute please use one of the contact methods listed on our contact us page.
Software as a Service
Keydata Solutions support of this service includes the installation and use of the software required for using the Streaming Software service. Support of individual applications will be serviced by the licence provider (for example, Microsoft Office 2007 support queries will be managed by Microsoft).
Reselling of Services
Keydata Solutions Reseller customers may resell the Streaming Software service under their own brand, but resellers are not permitted to make any changes to the software provided by Keydata Solutions.
Cancellation and refunds
Keydata Solutions 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 Keydata Solutions’ 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 Keydata Solutions. 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.
The Streaming Software service provides subscribers with a complete working version of the software. Users are required to allow the Streaming Software service to connect to the internet every 21 days to check that their licence is still valid. Any users who have not paid their subscription fees, or who have not connected the Streaming Software service to the internet for period greater than 21 days will have their Streaming Software service disabled.
Acceptable Use Policy
This policy is subject to change, so please check regularly for updates. This policy is in addition to Keydata Solutions Terms & Conditions.
Use of Services
1.1 Keydata Solutions reserves the right to suspend or cancel a customer’s access to any or all Services provided by Keydata Solutions, where Keydata Solutions decides that the account has been inappropriately used. Keydata Solutions reserves the right to refuse Services and/or access to its servers to anyone.
1.2 Keydata Solutions 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 Keydata Solutions will suspend access to, or cancel, an account which:
1.3.1 Contains invalid or fraudulent details.
1.3.2 Initiates a payment card chargeback.
1.4 You agree;
1.4.1 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 a 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).
2.1.5 to publish or otherwise distribute Warez, copy written or other illegal material. The onus is on You the customer to prove that You own the rights to publish material, not for Keydata Solutions to prove that You do not.
2.1.6 to participate in any file-sharing/peer-to-peer activities;
2.1.7. 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.
2.1.8 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 time-outs 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.
2.1.9 to use excessive amounts of server resources. These include bandwidth, processor utilisation and / or disk space.
2.1.10 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. Keydata Solutions 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 Keydata Solutions.
3.1 These content guidelines apply to any and all services provided by Keydata Solutions 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. Adult material includes all pornography; or otherwise lewd or obscene content. The designation of ‘adult material’ is left entirely to the discretion of Keydata Solutions Limited.
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 misrepresent your identity or affiliation with any person or organisation;
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.
4.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of Keydata Solutions 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 Keydata Solutions 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 Keydata Solutions 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.
5.1 Keydata Solutions 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.
6.1 We are happy to answer any questions You may have regarding Your Keydata Solutions Services. Please note that any discussions with Keydata Solutions 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.
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/).
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 Keydata Solutions 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):
Right click on a message and choose “Options”
From pop-up box, copy all from “Internet Headers” window
Close pop-up box
Right click on the message again and choose “Forward”
Paste headers into the top of the pop-up email forward window
Send to the Keydata Offices (call for email address)
To retrieve email headers from Outlook Express for Windows:
With the mail unopened in your inbox
Right click on the mail
Click on the ‘details’ tab at the top of the ‘pop-up’ box
Press “message source”
Copy the contents of the new window and paste it into your email to the Keydata Offices (call for email address)
To retrieve email headers from Outlook Express for Macintosh:
With the mail unopened in your inbox
To select all use: command + a
To copy use: command + c
To paste the header use: command + v
Paste the contents into a new email addressed to the Keydata Offices (call for email address)
3) Reporting virus activity
If you have received or been infected by a virus, worm or Trojan please note that Keydata Solutions 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 Keydata Solutions that you feel is in contravention of our Terms and Conditions or Acceptable Use Policy, then please email us with the details. Please visit General Terms and Conditions section of this document for full details of our terms and Acceptable Use Policy.
Please send the following information:
The URL (such as www.keydatasolutions.co.uk), 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.
Keydata Solutions actively report any illegal activities that take place on our servers to the Police. Keydata Solutions 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.
Please note: by signing up for any of our services you agree to be bound by all Keydata Solutions terms and conditions.
Complaints Escalation Procedure
We aim to give outstanding service and value for money, however we recognise that from time to time issues can arise that need to be escalated. We are committed to resolving any such issues as quickly and efficiently as possible. The following section gives information on how to contact us, and what to do if you have a complaint.
Step one: how to contact us
If you are unhappy with any of our services, or you feel that you have not received a satisfactory response from our Customer Support team, you may send your complaint in writing to:
Keydata Solutions Customer Support Manager
38 Azerley Grove
You should expect to receive a response to your query within 14 days of us receiving your correspondence.
Step two: what we will do?
On receipt of your complaint our Customer Support Manager will thoroughly investigate any issues raised and propose a course of action for resolution.
Step three: further action in order to resolve your dispute
Once you have a response from our Customer Support Manager, if you remain unsatisfied with our attempts to resolve the issue, you can contact Otelo, the Independent Ombudsman. Please note that Otelo can only help if you have given us an opportunity to resolve any issues. Otelo contact details:
PO Box 730
Overview of complaints escalation procedure
You establish contact with the Customer Support Manager
The Customer Support Manager will investigate and propose a solution
You contact Otelo
We are happy to answer any questions you may have regarding your Keydata Solutions services. Please note that any discussions with Keydata Solutions 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.
This Code has been approved by Ofcom for the purposes of section 52 of the Communications Act 2003.