Terms & ConditionsWelcome to our website. If you continue to browse and use this website and services you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Alien Alive's relationship with you in relation to this website and services.
The term Alien Alive or 'us' or 'we' refers to the owner of the website whose registered office is 5 Olive Grove, Bradford, West Yorkshire, BD8 0LG. The term 'you' refers to the user or viewer of our website and services.
Please note: Pornography and sex-related merchandising are prohibited on any Alien Alive server. This includes, and is not limited to, direct links to such webpages or websites.
Please note: Spamming, or the sending of unsolicited email, from an Alien Alive server or using an email address that is maintained on an Alien Alive machine is strictly prohibited.
Alien Alive is not affiliated with or endorsed by the Joomla Project or Open Source Matters. The Joomla logo is used under a limited license granted by Open Source Matters the trademark holder in the United States and other countries.
The use of this website and services is subject to the following terms of use:
Definitions
- "Service" or "Services" means domain name registration, website hosting, bandwidth provision, email IT services, IT support and any other web hosting related service or facility provided by us to you;
- "Server" means the computer server equipment operated by us or provided by you in connection with the provision of the Services;
- "Website" means the area on the Server allocated by us to you for use by you as a site on the Internet;
- "Alien Alive" means Alien Alive Ltd, Registered office: 5 Olive Grove, Bradford, West Yorkshire, BD8 0LG;
- "Contract" means the agreement between Alien Alive and the User incorporating these conditions, the Alien Alive Order Form (where completed) and Alien Alive's published prices for the provision of its services; References to "Agreement" shall, where the context admits, be read as referring to the Contract.
- "bandwidth" means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract;
- "data transfer" means all traffic that passes through the Website including specifically but not exclusively web traffic, email, FTP transfers and any shell session data;
- "Site" means the premises or location at which Service is or is to be provided under this Contract;
- "Equipment" means equipment which is supplied by or on behalf of Alien Alive to the customer or placed at or on a Site for the purpose of providing Service;
- "Internet" means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Intermit Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate;
- "User" means you, the Customer, or any person who makes use of the services though you or on your behalf;
General- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Alien Alive's prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
Domain Name Registration- We make no representation that the domain name you wish to register is capable of being registered by or for you 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 has or they have been registered. Any action taken by you before such notification is at your risk.
- The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. For UK domain registrations you shall ensure that you are aware of the terms and conditions of Nominet UK, the UK naming authority, that can be found at http://www.nominet.org.uk/nominet-terms.html and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
- We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
- We give no warranty or representation that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.
- Alien Alive shall be entitled to withhold the release of any domain name to another provider or "tag holder" unless full payment of all amounts due to us at that time for whatever reason has been received by us:
- If payment is not received for any domain name Alien Alive may delete or retain the domain for further sale.
Website Hosting and Email- We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss of or damage to any data stored on the Server.
- You shall effect and maintain adequate insurance cover in respect of any loss of or damage to data stored on the Server.
- You represent, undertake and warrant to us that you will use the Website allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that
- 1. you will not use the Website in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so;
- 2. you will not post, link to or transmit:
- 2.a. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
- 2.b. any material containing a virus or other hostile computer program;
- 2.c. 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.
- You shall keep secure any identification, 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 shall observe the procedures which we may from time to time prescribe and shall make no use of the Website which is detrimental to our other customers.
- You shall procure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
- In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
- Any access to other networks connected to Alien Alive must comply with the rules appropriate for those other networks.
- While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers or from corruption by virus and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or damage to date or operations.
- Customers are restricted to the data storage, number of domain names, and bandwidth quota according to your web hosting package. Web hosting package details can be sent to you upon request. Additional bandwidth usage will be charged at current published prices.
Reselling- You are not permitted to resell the Alien Alive service without the express permission of Alien Alive. Reselling of the Alien Alive service will bring you into default unless otherwise agreed;
Alien Alive Service- Connection to the Alien Alive Service is via a fixed telecommunications link or dial up connection. This Contract, unless specifically stated on the Order Form, does not include the provision of telecommunications services necessary for connection to the Alien Alive Service.
- Requests relating to the provision of Service are, unless otherwise agreed to be made or confirmed in writing or by electronic mail.
- Alien Alive will use all reasonable endeavours to adhere to any dates proposed by either Alien Alive or you for the provision of Service; however any such date is to be treated as an estimate only and Alien Alive accepts no liability for failure to meet such dates.
- Alien Alive will use all reasonable endeavours to provide reliable Service; however, it is not practicable to provide Service free of faults and Alien Alive does not undertake to do so. In the event of a fault in Service, you must report the fault by telephone or electronic mail to Alien Alive's Technical Support at the appropriate numbers or addresses or other such numbers or addresses that Alien Alive may from time to time provide. Upon receipt of the fault report, Alien Alive will take all proper steps without undue delay to correct the fault. Alien Alive shall not, in any event, be liable for interruptions of Service or downtime of a Server.
- Alien Alive may:
- 1. temporarily suspend for the purpose of repair, maintenance or improvement, part or all of Service, without notice. Alien Alive undertakes to use reasonable endeavours to restore Service as soon as practicable after any such suspension,
- 2. give or update instructions regarding the use of Service which in Alien Alive's reasonable opinion are necessary in the interests of safety, or to maintain or improve the quality of Service to Alien Alive's customers. Any such instructions shall, whilst they are in force, be deemed to form part of this Contract,
- 3. vary the technical specification of Service for operational reasons.
- Service Availability - Alien Alive's Service Level Agreement (SLA) is to have the Websites available 99.9% of the time.
- The Customer is solely responsible for providing Alien Alive with accurate and current contact information for the Customer's designated points of contact. Alien Alive will be relieved of its obligations in this agreement if Alien Alive's contact information for the Customer is out of date or inaccurate due to the Customer's action or omission or if Alien Alive's failure is due to reasons of Force Majeure or other circumstances beyond Alien Alive's reasonable control.
- Alien Alive is a reseller of domain registration and web hosting services therefore cannot be held accountable to Service Unavailability. However will take all actions neccesary to resume Service Availability.
Bandwidth Utilisation- If the bandwidth or speed of Service used by you exceeds agreed quotas in a one month minimum period an excess charge will be payable by you at current published prices.
Content and Misuse- You will use all reasonable endeavours to ensure that the Alien Alive Service is used or includes content that conforms to the laws of this country and will not knowingly permit any illegal use or such use that will bring Alien Alive into disrepute.
- You must not, nor must any other person, use the Service: to send or receive any material which is offensive, abusive, indecent, obscene, pornographic or menacing, or in breach of confidence, copyright, privacy or any other rights, to cause annoyance, inconvenience or needless anxiety, or in breach of any provisions as contained within clauses 3 and 4 of this Contract, or other than in conformance with the acceptable use policies of any connected networks and the Internet standards.
Charges and Payment- All invoices are required to be paid in full by the due date shown on the invoice.
- If any payment remains overdue Alien Alive reserves the right to immediately remove the Client's Website from viewing on the Internet and to suspend all other work until payment of all outstanding charges and interest is made. Such removal or withholding does not relieve the Client of his or her obligation to pay any outstanding Charges and interest. If such a suspension is imposed, you will be liable for a "reconnection" charge of £50.
- All payments must be in UK Pounds Sterling unless otherwise agreed in writing. If any cheque from the Client is returned by the bank as unpaid for any reason the Client will be liable for an administration fee of £30 .
- You acknowledge that our Services are provided using facilities provided to us by third parties; Alien Alive shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time to reflect increase costs to us from such third parties or otherwise.
- You continue to be liable to pay all charges which are due for Service during any period in which you do not comply with this Contract.
Termination of Service- Service may be terminated by either party on giving at least 30 days notice to the other expiring on the last day of the The Contract. If Alien Alive gives notice you shall pay all charges up to the expiry of the notice. If you give notice, you shall pay all charges upto the last day of the The Contract.
- Your notice does not avoid any other liability for Service already provided.
- The Contract is a yearly contract and you will be liable to pay for the remainder of the then current Contract even though Service ends before the end of the yearly Contract.
Liability- You acknowledge that Alien Alive has no control over the information transmitted via the Service and that Alien Alive does not examine the use to which you put the Service or the nature of the information you are sending or receiving. Alien Alive hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.
- Alien Alive undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.
- Alien Alive is not in any way liable in contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
- Alien Alive makes no warranty as regards to its Services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and Service interruptions.
Intellectual Property Rights- You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.