Aries Internet Ltd. ADSL Connectivity, Domain Registration & Renewal, Web Site Hosting & Network Service Filtering – Terms of Service
Aries Internet Ltd, (referred hereinafter as ‘ARIES, ‘our’, ‘we’ and ‘us’) are an Internet web hosting & services company. “Server” means the computer equipment operated by us in connection with the provision of the Services. “Web Site” means the domain name registered or provided to you, used in conjunction with disc space on the server allocated by us to you for use by you as a site on the Internet, viewable by any Internet user with a standard Internet connection capable of transmitting and receiving data via the IP protocol and TCP ports associated with it. All accounts on our servers, including single-domain, reseller, resold and dedicated accounts, are subject to the terms and conditions described in this document and no other, even if we accept or receive any order with different terms inferred or printed on it. Under the terms of this agreement, your placement of ANY information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below. ARIES reserves to the right to the final decision on what constitutes abuse of our services and/or these terms.
1. User Conduct
Our services may only be used for lawful or moral purposes – any use of these services which violates any laws which may apply to ARIES, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. This means that while using the service, you may not: Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law. Restrict, interfere or inhibit any other user from using and enjoying the Internet. You understand that by placing information on ARIES servers that such information becomes available to any and/or all Internet users and that ARIES has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of ARIES servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through ARIES or on the Internet generally. Your use of the service is at your sole risk. ARIES is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and from ARIES and to maintain an appropriate backup of files and data stored on ARIES servers at all times.
2. Resource Usage & Acceptable Site Content
Users may not initiate/run/upload/transmit/link to any of the following on/from our servers: Any process, including but not limited to processor and memory cycles, that require more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
Any type of interactive real-time chat applications that require server resources. Links to remotely-hosted services are fully allowed. Stand-alone, unattended server-side processes at any point in time on our servers. This includes any and all daemons, such as IRCD or egg-bot drops. We regularly check to see if any such process are running and any, if found will be instantly killed, subsequent violations will result is suspension and/or termination of account facilities. Any software that interfaces with an IRC (Internet Relay Chat) network or server. Any site with adult-oriented content, including but not limited to any pornographic material. ARIES reserves to the right to the final decision on what constitutes adult content. Any material containing a virus or other hostile computer program. Any material which constitutes, or encourages the commission of a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. Any file you store on our system must be reachable via a hyperlink from a page on your site – you must not use the system as a private information store, other than for holding development pages. Scripts which parse data may be stored in directories which are not accessible via a hyperlink. We reserve the right to remove any material which we deem inappropriate from your Web Site without giving notice to you. You agree to keep secure any username, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information. You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable via ARIES and/or the Internet, including any attempt at unauthorised access to either ARIES or other services and/or networks via ARIES. You agree to adhere to system policies as published by from time to time by ARIES, including restrictions on services available with each service type, restrictions on certain features, and all other policies. Databases are only to be used for ARIES-hosted web sites, and no external access will be granted.
3. Email & Electronic Communication
Our primary and preferred method of communication with you is email. When your account is created, you will be asked to supply a contact email address, which must be valid and operational at all times. Any notifications relating to the service in general, or your account will be made only by this method. It is your sole responsibility to ensure this email address is regularly checked for new messages. You agree that email communication via ARIES is not considered a “secure communications medium”, and that no expectation of privacy is afforded. ARIES reserves the right to monitor any and all communications through, or with our facilities. Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited bulk e-mail (be it opt-in/out or otherwise) commonly known as spam. We automatically send spam abuse tracking headers with all mail sent via our SMTP servers & any user who sends out unsolicited bulk e-mail may have their account terminated without notice, this includes single-domain, reseller, resold and dedicated accounts. ARIES reserves the right to require account holders to change or disable as necessary, any web site, account, database, or other component that does not comply with this policy at our sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion. Any ‘formmail’ type scripts used for parsing information from a web site MUST be secured to prevent unauthorised domains relaying mail via ARIES servers. Any scripts installed are automatically reported to ARIES staff, who may, at any time attempt to relay unauthorised mail via such scripts. If unauthorised mail relaying is possible, ARIES may disable these scripts and notify the account holder as such. We can supply secure ‘formmail’ type scripts free of charge – please ask us for details if you require them.
4. Service, Performance & Indemnification
We have invested heavily in our network, servers and network hardware and aim to provide a very fast, reliable, high performance service at all times, however we makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by ARIES, its agents, resellers or employees shall create a warranty. ARIES provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall ARIES be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of, or inability to use the service, or for any third parties use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with the ARIES service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. Web, Virus, Attack and Spam filtering if included in your account or service are provided by a third party, Fortinet Inc, and we accept no responsibility for the performance of these services, however we will make provision to rectify any issues found with these services if possible and within our control.You agree to indemnify, defend, and hold harmless ARIES from any and all liability, penalties, losses, damages, costs, expenses, legal fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, ARIES, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content, including any links to external systems and/or networks.
5. Account-Holder Identification Information
You agree that as the person legally responsible for all use of this account, you are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to open of use an account, and the account must be ordered by or with the written consent of a parent or guardian, in their own name You agree to supply ARIES with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorised user of any credit card, bank cheque or account holder in relation to any standing order mandate that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent use relating to the above.You agree to indemnify, defend, and hold harmless ARIES from any and all liability.
6. Sharing of Account Space & Resale Restrictions
You agree and understand that the account you purchase, is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, our contract in relation to that account is with you, not your customer, and that you are the individual solely responsible for all use of that account. You further agree that you will ensure any account(s) you resell, will comply fully with ALL terms detailed here.
7. Payment & Other Information
You agree to supply appropriate payment for the services received from ARIES, in accordance with the payment terms presented to you upon opening your account. You agree that until and unless you notify ARIES of your desire to cancel any or all services received, those services will be billed on a recurring basis until further notice. Any changes to the contract presented to you at the time of opening your account will be notified to you by the contact email address, as detailed above. All accounts which supply Internet Connectivity are operated on an annual basis and that by entering into an agreement for ADSL provision you agree to pay for the service for a full 12 months, even if we accept monthly or quarterly payments from you.Suspension and/or termination of your account may occur if you fail to pay any sums due to us as they fall due, or you break any of these terms and conditions, or you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
8. Domain Name Registration
We make no guarantees that any domain name you wish to register is free to be registered, or allowed under the terms and conditions of that registry, or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it /they have been registered. Any action taken by you before such notification is at your own risk. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them. By registering a .uk domain name, you also enter into a contract of registration with Nominet UK as per the terms and conditions detailed at http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registrationYou agree that by registering a .uk domain, you appoint us as your registration agent. We are Nominet Members & Tag Holders and are fully authorised and equipped to handle all .uk registration issues. You shall have no right to bring any claim against us in respect of refusal to register any domain name. Any administration charge paid by you to us for registration shall be non-refundable notwithstanding refusal by the Registry to register your desired name, or inaccuracies relating to actual spelling and/or hyphenation of that domain, which are the fault of ARIES We shall have no liability in respect of the use by you of any domain name. Any dispute between you and any other person or entity relating to a domain name, must be resolved between the parties concerned in such dispute. If such a dispute arises, we shall be entitled, at our option and without giving any notice or reason, to withhold, suspend or cancel the domain name. We shall be entitled to make representations to the relevant Registry for the domain name is dispute, but will not be obliged to take part in any such dispute. We shall not release any domain to another provider unless full payment for that domain has been received by us.
9. Customer Service Commitments
Please contact ARIES on 0844 984 0398, outside of office hours please email us at email@example.com. We will to respond to all points of contact within 5 business days and aim to resolve any issues you have within 10 business days. If you wish to raise a complaint about abuse you have received (phishing scams, spam emails etc), please contact us at firstname.lastname@example.org with as much detail about the abuse. We will investigate your complaint immediately. Here at ARIES we like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve on our services with valid feedback from you, our customers. If you wish to make a complaint about a service you have received, please submit an email to us at email@example.com including as much detail from the issue you have. We will acknowledge your complaint within 5 business days and aim to resolve any issues within 10 business days. If you’re not happy with the initial outcome of your complaint, than please feel free to escalate your issue to Nominet (the .uk registry) here: http://www.nominet.org.uk/disputes/complaining-about-registrar/complaints-procedure
10. Domain Renewal & Expiry
All domains are renewed every 2 years, we will send out a reminder emails at least 14 days before expiry. We will send the emails to the email address that we have on record, it is the registrants responsibility to make sure ARIES are kept up to date with any changes in contact details. ARIES take no responsibility if your domain renewal fails due to your contact details being incorrect. If you do not wish to renew a domain please make sure you contact us a minimum of 14 days before your domain expires by emailing us at firstname.lastname@example.org If you do not renew your domain before its expiry date it will have all services we provide suspended and you will have up to 30 days (protected period) after to renew the domain name at the original renewal fee. Please log into the client portal area to view renewal fees. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee of £50+VAT. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. ARIES will not guarantee the renewal of a domain name.
11. Refusal or discontinuation of service
ARIES reserves the right to refuse or discontinue service to anyone at our sole discretion. ARIES may deny you access to all or part of the service without notice if you engage in any conduct or activities that ARIES in it’s sole discretion believes violates any of the terms and conditions in this agreement. ARIES shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that ARIES has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. ARIES reserves the right to refuse to post or to remove any information or materials, in whole or in part that, in its sole discretion, is/are unacceptable, undesirable, or in violation of this agreement. ARIES also reserves the right to refuse refunds in cases where ARIES believes abuse has taken place. Valid refunds for services paid are issued within 4 weeks of cancellation and/or account closure and are paid by cheque drawn on a UK bank only. No refunds are made for domain name registration, unless the registration is at fault and we are liable for the fault.
12. Law & Acceptance of this agreement
This Agreement shall be governed by and construed in accordance with English law ONLY and you hereby submit to the non-exclusive jurisdiction of the English courts. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us, no other terms or conditions will apply at any time, even if we accept or receive any order with different terms inferred or printed on it. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.