Terms & Conditions
Maximum Webdesigner provides internet, email & application hosting and additional services. Maximum Webdesigner reserves the right to suspend or cancel a customer's access to any or all services provided by Maximum Webdesigner when Maximum Webdesigner decides that the account has been inappropriately used or otherwise.
Note: all our services are covered by the General Terms and Conditions below, in addition please see service specific terms and conditions as below.
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 and/ or otherwise accessing any of the services or products offered by Maximum Webdesigner Internet Limited you agree to be bound by all the Terms and Conditions listed here. These Terms and Conditions supersede all earlier versions. To the extent that You are deemed to be a consumer as defined by the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR), these conditions will not affect Your rights and will only apply to the extent that applicable law allows.
- General Terms & Conditions
- Email T & C's.
- Domain T & C's
- Domain Name Dispute Policy
Maximum Webdesigner reserves the right to refuse service and/or access to its servers and/or services to anyone.
Maximum Webdesigner does not allow any of the following content to be stored on its servers:
Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
Excessive download content or non-linked content.
Refusal of service based on content matching either of these two criteria is entirely at the discretion of Maximum Webdesigner.
Maximum Webdesigner reserves the right to move your data to a different server with no previous notice.
We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should consult our support website. Note: if your broadband connection is unavailable then you should use either your previous connection or our free account 0845 dialup service available from our website. Should you fail to find a resolution to your problem in our Knowledge Base you will find our 24/7 support contact details on our support website: Xtreme.Maximum Webdesigner.co.uk
Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime is available on the Maximum Webdesigner support website, as are details of any interruptions to our services.
Reselling of Services
All accounts other than our Reseller account 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.
Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.
Customers may however resell all of our services with our Reseller package.
Maximum Webdesigner 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. Access may be reinstated pending investigation.
Unlimited Use Policy
High bandwidth usage: Maximum Webdesigner offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Maximum Webdesigner may find a customer to be using server resources to such an extent that he or she may jeopardize service performance and resources for other customers. In such instances, at Maximum Webdesigner' discretion, Maximum Webdesigner reserves the right to impose the High Resource User Policy for the consideration of all customers.
If you exceed the limits on our database products ( MySQL) then we will automatically charge you for the additional space you use at our 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.
High Resource User Policy
Resources are defined as bandwidth, processor utilization or disk space.
Maximum Webdesigner may implement the following policy to its sole discretion:
When the resources utilised by a customer in using a service are abnormally high, Maximum Webdesigner reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Customers may be offered an option whereby Maximum Webdesigner continues supplying the service under a reduced usage criteria specified by Maximum Webdesigner. Failure to comply with such measures may result in your service being terminated.
Uploads via scripting languages
We limit uploads made via scripting languages - including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file.
All accounts are set up on a prepay basis. Although Maximum Webdesigner reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Any changes to prices will be clearly communicated to customers prior to their application, with customers being given one month's notice of any changes. Notice will be served via email, to the email address held on the Maximum Webdesigner account. Payment is due every 30 or 365 days, from the date the account was established. Customers will automatically be charged again at the end of their prepay period unless confirmation of the wish to close has already been received.
In situations where the card number on file is declined Maximum Webdesigner will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Maximum Webdesigner reserves the right to suspend other services until the outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
You are required to have a valid credit/debit card and email address registered on your account at all times, failure to do so may result in suspension of your account.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically.
Please refer to our Domain Name terms of service for Domain Name specific payment policies.
All payment is in UK sterling. All prices displayed are shown including UK VAT.
Your personal details
Please note that whilst your email is primarily used for billing purposes, Maximum Webdesigner reserves the right to email you information about enhancements to our systems and product offerings. You can unsubscribe from marketing communications within your Maximum Webdesigner control panel.
We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that Maximum Webdesigner may use for the purposes of delivering specific services to you (e.g. customer support).
In order to streamline our accounting procedures and keep costs down Maximum Webdesigner currently runs a limited number of payment options.
Cheque Payment: This option is only available to business customers who pay annually for their Maximum Webdesigner account. A credit/debit card number will still be required if customers require the facility to purchase domains and other services on-line. Maximum Webdesigner cannot guarantee that a service will be provided until after any received cheques have been cleared.
Other Payment Options: Pay Pal
30 day trial
For customers opening their first account the initial 30 days are available on a trial basis. Customers will not be entitled to this benefit if they have previously had an account with Maximum Webdesigner unless the period of absence has been greater than one year. New customers will not be entitled to a trial period if any account has previously been created at the same postal address within the same 12 month time span.
The 30 day trial does not apply to our Domains, Broadband or Dedicated Server offerings.
All hosting, email and dedicated server accounts are subject to a 12 month minimum contract term.
- After the minimum contract period, customers may cancel any package by contacting the Customer Care team on +44 07748331131 (Monday to Friday, 9:00am to 5:30pm UK time). Customers must provide details of the account/package to close, including the account Owner Password for verification. Maximum Webdesigner will not, under any circumstances, close an account without first confirming the Owner Password.
- Customers will be required to complete a Closure Confirmation form, authorising the permanent removal of all website and email services on the account, from our system.
- On receipt of a completed Closure Confirmation form, the account will be scheduled to close. Maximum Webdesigner will acknowledge the closure by sending an email to the email address registered on the account.
- If Maximum Webdesigner do not receive the completed Closure Confirmation form within 14 days of sending, the cancellation request will be discarded and the account/package will remain open.
- Any incentives that were offered to customers when opening their 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.
- Maximum Webdesigner reserves the right to cancel the service at any time.
Fees charged on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
Customers will only be entitled to a refund when the service is within a trial period, or where the service is cancelled by Maximum Webdesigner.
In the event that Maximum Webdesigner cancels the customer's service, the customer will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Maximum Webdesigner' Terms of Service a refund may not be issued in the event of a cancellation.
Customers who cancel during the initial 30 day trial period will only be entitled to a full refund for their hosting fees, but will not be entitled to a refund for any additional services purchased. 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.
Domain credits are non-refundable as they enable the purchase of domain names at discounted prices, based on an up-front commitment.
Any customer withdrawing payments via bank or credit card (a "chargeback") may be subject to a punitive fee of £50, should the company deem this chargeback to be unfair. The company also reserves its right to defend such chargebacks and recover the original monies from the card issuer.
Email package free trial
You must provide us with a valid domain name, which could be used with our email service, or register a new domain name during signup.
You may not use the same domain name for more than one free trial.
If you don't cancel your email package before the end of the 30 day free trial, we will automatically charge your credit/debit card for your first month/year's service following the trial period.
This free trial is also open to existing Maximum Webdesigner customers, when signing up for a new Maximum Webdesigner email package.
Disclaimers and Warranties
- Maximum Webdesigner does not back up Your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Maximum Webdesigner 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 Maximum Webdesigner and its employees.
- Maximum Webdesigner 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.
- 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.
- Maximum Webdesigner shall not be liable for any services or products to be supplied by any third party.
- Maximum Webdesigner 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.
- Maximum Webdesigner 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.
- No matter how many claims are made and whatever the basis of such claims, Maximum Webdesigner' 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.
- None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Maximum Webdesigner, its employees or its sub-contractors.
- Maximum Webdesigner shall not be liable for any interruptions to the services or outages arising directly or indirectly from:-
- I. interruptions to the flow of data to or from the internet;
- II. changes, updates or repairs to the network or software which it uses as a platform to provide the services;
- III. the effects of the failure or interruption of services provided by third parties;
- IV. factors outside of Maximum Webdesigner' reasonable control;
- V. Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
- VI. Problems with Your equipment and/or third party equipment;
- VII. Interruptions to the services requested by You.
Please note: by signing up for any of our services you agree to be bound by all Maximum Webdesigner terms and conditions.
The following terms and conditions apply to Maximum Webdesigner email services.
Size of mailbox
Each mailbox has a storage quota. This is in place to protect your account and others from potentially large volumes of email sent to a single address that could materially affect the email system server. Additional storage can be purchased though your control panel. It is the mailbox owner's responsibility to ensure that his/her mailbox does not reach its allocated level. Maximum Webdesigner cannot be responsible for email lost due to full mailboxes. You can check your mailbox size from your control panel.
It is the mailbox owner's responsibility to keep his/her password confidential, and to change the password on a regular basis. Maximum Webdesigner is not responsible for any data losses or security issues due to stolen passwords. Maximum Webdesigner recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).
Please see our online support site - with knowledge articles, how to articles and FAQ's. Additionally, we provide email and phone support - details can be found at support.Maximum Webdesigner.co.uk
Control panels and server management
Maximum Webdesigner provides web-based account and server management via a control panel. This is designed to give you control over your account and the Microsoft Exchange server features. You can use your control panel to perform most of the routine account and server management tasks. Online help is available from Maximum Webdesigner' support website.
Maximum Webdesigner 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.
To guarantee optimal performance on the servers, it is necessary for Maximum Webdesigner to perform routine maintenance. Such maintenance often requires taking Maximum Webdesigner Exchange servers off-line, typically performed during off-peak hours. Maximum Webdesigner will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible.
Maximum Webdesigner 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 our systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner's responsibility notify to us. We cannot guarantee to restore data and we accept no liability for the loss of any such data.
Server storage capacity
Each Exchange account is allotted an aggregated storage capacity initially equal to the total storage capacity of each mailbox. This storage capacity is shared among all mailboxes and public folders within your account; the quota cannot be exceeded. For an additional fee, you may increase your account storage capacity at any time from within the control panel.
Mailbox and Public Folder storage capacity
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. Maximum Webdesigner is not responsible for service unavailability or data loss caused by any mailbox or folder exceeding its storage capacity. To prevent such occurrences, you can manage mailbox and public folder storage limits at any time from within the control panel.
Top level folders and sub-folders
The Exchange Server retains ownership of the two top layers of the public folder hierarchy, "Public Folders", and, under that folder, the "All Public Folders". Users of Microsoft Outlook can create as many Public folders as they wish under the existing folders, and these can be of any type allowed by the Exchange server (appointment, contacts, mail, notes, journal, or tasks).
Maximum Webdesigner 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 Maximum Webdesigner platform are not checked.
Anti-SPAM message filtering
Maximum Webdesigner runs anti-SPAM software on its email servers for all Advanced and Exchange mailboxes. You can determine the levels of spam protection from within your control panel.
Maximum Webdesigner 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.
Ownership of data
All data created or stored by you within Maximum Webdesigner' applications and servers are your property. Maximum Webdesigner shall allow access to such data by only authorized Maximum Webdesigner personnel. Maximum Webdesigner makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder's server space or within applications on Maximum Webdesigner' servers.
Customers are responsible for backing up their email before upgrading or removing mailboxes.
Free 30 day trial (email accounts only)
You must provide us with a valid domain name, which could be used with your email package, or register a new domain name during signup.
You may not use the same domain name for more than one free trial.
If you don't cancel your email package before the end of the 30 day free trial, we will automatically charge your credit/debit card for your first month/year's service following the trial period.
The free trial is available to existing Maximum Webdesigner customers, only when signing up for a new account via the Maximum Webdesigner.co.uk website.
Use of email account
If Maximum Webdesigner 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.
For details of what is not allowed by Maximum Webdesigner and our spam/ illicit material policies please see our Acceptable Use Policy section of our terms of service.
Email retrieval and timescale
Maximum Webdesigner' 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 for nightly; (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 nightly 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 50MB (Root mailboxes being Standard mailboxes). Note that after 90 days, the Root mailbox will have already undergone a cleanup after 60 days of inactivity. Maximum Webdesigner does not accept any responsibility whatsoever for any deleted mail.
Please note: by signing up for any of our services you agree to be bound by all Maximum Webdesigner terms and conditions.
The following terms and conditions apply to the domain registration service:
Maximum Webdesigner 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.
Upon Maximum Webdesigner' receipt of domain name registration information from you, Maximum Webdesigner 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.
SELECTION OF A DOMAIN NAME.
You represent that, to the best of the 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 upon 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.
If you are registering your name during the finite period of time when owners of trademarks and service marks issued prior to October 2, 2000 and having national effect will have the exclusive opportunity to register identical domain names ("Sunrise Period"). You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted for a minimum registration term of five (5) years.
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 terms & conditions of Nominet, If you are registering the domain for a third party, you agree that they have read and agree to the Nominet T&Cs as well.
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.
As consideration for Maximum Webdesigner providing domain name registration services to you, you agree to pay Maximum Webdesigner, prior to the approval of the desired domain name registration, the amounts set forth in the Maximum Webdesigner Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.
Your application will not be registered until Maximum Webdesigner receives actual payment of the registration fee. If Maximum Webdesigner does register a domain name prior to payment of the registration fee, Maximum Webdesigner reserves the right to cancel that registration or restrict use of the domain name until payment has been received.
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.
In the event of a charge back by a credit card company or other payment provider authorized by Maximum Webdesigner, the domain name registration shall be transferred to Maximum Webdesigner as the paying entity for the registration. Maximum Webdesigner 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 UK £100.
Payment must be made by credit card or other methods we indicate in registration application or renewal form. We will renew your 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.
We reserve the right to make an administration charge of £10 per domain where customers have attempted to register a domain name with multiple registrars.
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 the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.
To ensure your domains are not lost we operate a positive renewal system on all our domains - your domain will automatically renew for the term it was registered for unless you opt-out of this service through your control panel. This is not refundable and it is your responsibility to ensure valid contact and payment details are on your account at all times - failure can lead to suspension.
Maximum Webdesigner' 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. 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.
You agree to be bound by the Maximum Webdesigner Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found at the end of this document.
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.
You also agree that in the event a domain name dispute arises with any third party, you shall indemnify and hold Maximum Webdesigner harmless pursuant to the terms and conditions contained in the Dispute Policy.
CHANGES TO REGISTRATION AGREEMENT AND DISPUTE POLICY
You acknowledge and recognize that the domain name system and the practice of registering and administering domain names are continuously evolving, and acknowledge and agree that Maximum Webdesigner may modify this Agreement and the Dispute Policy as necessary from time to time to comply with any agreements by which Maximum Webdesigner is or will be bound, and to adjust to changing business circumstances.
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.
CONTACT WITH Maximum Webdesigner
You acknowledge and recognize that all contact with Maximum Webdesigner in the first instance should be made via our support website: http://xtreme.Maximum Webdesigner.co.uk
You agree that Maximum Webdesigner is not obliged to offer telephone support specifically for your Domain Name.
DOMAIN NAME REGISTRATION INFORMATION
AND ITS USE
Information you are required to Submit
As part of the registration process, you are required to submit to Maximum Webdesigner 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.
You shall provide and maintain updated information at all times with Maximum Webdesigner. Maximum Webdesigner at its discretion may refuse to renew any registrations unless you maintain current and updated information at all times.
Maximum Webdesigner 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 Maximum Webdesigner makes available to domain name registrants.
Additional Information Maintained about your Registration
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 us 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.
Obligations Relating to Data Provided by You
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.
Disclosure and Use of Registration Information
You agree to authorize Maximum Webdesigner 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 Maximum Webdesigner may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through Maximum Webdesigner's WHOIS service or for any purpose as required or permitted by ICANN and applicable laws.
In addition, you acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that Maximum Webdesigner may or must make available to the public or to private entities, and the manner in which such information is made available.
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.
You may access your domain name registration information in Maximum Webdesigner's possession to review, modify or update such information, by accessing our domain manager service, or similar service, available at our website at www.Maximum Webdesigner.co.uk.
We will not process any data about any identification natural 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 our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
OWNERSHIP OF DATA
You agree and acknowledge that Maximum Webdesigner 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 Maximum Webdesigner acts as the registrar including:
(i) the original creation date of the registration;
(ii) the expiration date of the registration;
(iii) 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;
(iv) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
(v) 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.
Maximum Webdesigner does not have any ownership interest in your specific personal registration information outside of your right in our domain name database.
TRANSFER OF OWNERSHIP
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 us in our sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
For further details and to action any transfer of ownership please login to your Maximum Webdesigner control panel.
AGENTS AND LICENSES
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.
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.
In any circumstance where you are registering a domain for a third party, you agree that you must (in advance):
- Make your customers aware of the charges associated with domain name registration, renewal and maintenance.
- Give details of the domain name related services you provide, which are relevant to this customer, information on how to invoke the service, any charges payable and how long you take to carry out the service.
- Make your customers aware of changes to your charges.
- Detail the method, availability and cost of customer service provided.
- Act quickly after getting a request from your registrant to take some action for them; and
- Update their details soon after you know that the current ones are out of date or wrong.
- 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.
- 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.
- If you receive a request to register a domain name for a customer you must register the domain name in your customers name. You may only register the domain name in your or your organisations name with the explicit prior written consent of your customer.
- You agree that if you register a domain on behalf of a third party, Maximum Webdesigner can pass on the contact details of that third party to the Registry Administrator if required to do so by the Registry.
LIMITATION OF LIABILITY
You agree that Maximum Webdesigner 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 Maximum Webdesigner has been advised of the possibility of such damages, and in particular Maximum Webdesigner 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 Maximum Webdesigner;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policy.
Maximum Webdesigner 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.
Maximum Webdesigner's maximum aggregate liability shall not exceed the greater of:(a) the total amount paid by you for registration of the domain name; and
(b) £50.00 (UK Pounds).
INDEMNIFICATION OF Maximum Webdesigner
You agree to defend, indemnify and hold harmless Maximum Webdesigner and the registry administrator, including our 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.
REPRESENTATIONS AND WARRANTIESYou 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.
You acknowledge and agree that all domain name registration services provided to you by Maximum Webdesigner are provided on an "as is" basis. Maximum Webdesigner 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. Maximum Webdesigner makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.
BREACH AND REVOCATION
Maximum Webdesigner reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that:(a) you materially breach this Agreement;
(b) you use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
(c) you use your domain name in connection with unlawful activity;
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement; or
(e) you use your domain name in connection with material that is slanderous to UKreg, Maximum Webdesigner or other associated companies.
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 Maximum Webdesigner) 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 Maximum Webdesigner, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.
You also agree that Maximum Webdesigner 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 Maximum Webdesigner 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.
You acknowledge and agree that:(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to Maximum Webdesigner' inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request;
shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
OTHER TERMS AND CONDITIONS
Force Majeure. Maximum Webdesigner shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, 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.
Non-Waiver. The failure of Maximum Webdesigner to require your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Maximum Webdesigner of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Survival. 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 with standing 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.
Notice. You agree that any notice or communications required or permitted to be delivered under this Agreement by Maximum Webdesigner to you shall be deemed to have been given if delivered by e-mail, overnight mail or United States mail in accordance with the contact information you have provided.
Governing Law. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all contemplated by this Agreement shall be governed by the laws of the United Kingdom.
Legal Fees. 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.
Assignment. 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 Maximum Webdesigner However, in the event that Maximum Webdesigner 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.
Entire Agreement. 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 here in. 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 here in.
Amendment in Writing. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Maximum Webdesigner
Further Assurances. 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.
Relationship of the Parties. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
Joint and Several Obligations. If any party consists of more than one entity, their obligations here under are joint and several.
No Third Party Beneficiaries. This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
Severability. 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. Maximum Webdesigner 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 Maximum Webdesigner as reflected in the original provision.
No Guarantee. 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.
Specific TLD Registration Agreements
- Terms and conditions for .UK domain names
- Terms and conditions for .TV domain names
- Terms and conditions for .BIZ IP claims
- Terms and conditions for .NAME domain names
- Terms and conditions for .COM, .NET, .MOBI and .ORG domain names
- Terms and conditions for .EU domain names
Please note: by signing up for any of our services you agree to be bound by all Maximum Webdesigner terms and conditions.
Dispute Policy for domains ending in .com, .net, .mobi or .org
Approved by ICANN
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 us (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.
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us 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.
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our 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.
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").
a. 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.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: (i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or (ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other online location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii): (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or (ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or (iii) you are making a legitimate noncommercial 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.
d. 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).
e. 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").
f. 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.
g. 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.
h. Our 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.
i. 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.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. 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.
k. 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 canceled or transferred, we will wait ten (10) business days (as observed in the location of our 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 our principal office or of your address as shown in our 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 us of a resolution between the parties; (ii) evidence satisfactory to us 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.
All other disputes between you and any party other than us 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. Our Involvement in Disputes.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us 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 defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo.
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.
a. 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 our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
b. 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 our 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 us 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 us 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.
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our 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 our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
Dispute Policy for domains ending in .uk and .eu
If you need to contact us regarding a domain name dispute please visit our contact page
Note to solicitors: If you wrongfully threaten legal action against UKReg on behalf of your clients your correspondence will be passed onto our solicitors who will invoice you for the time spent dealing with your case.
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