Terms and Conditions

  

 

This Agreement represents the Terms & Conditions which apply between the Customer & Power Converge Ltd (hereafter referred to as the Supplier) in relation to the provision of Web Hosting Services (hereafter referred to as the Service).By registering for the Service you are acknowledging these terms & conditions & agree to be bound by them. You warrant that you buy our services as an organisation and not as a commercial business.

 

DEFINITIONS: 

Technical Support	Means the receipt and provision of assistance to the Customer for Valid Enquirie
Acceptable Usage Policy	Means the Supplier’s Acceptable Usage Policy.
Annual Fee	Means a charge payable to the Supplier each year  and for which subsequent payments shall be made on the same date each year
Application Enquiry	Means any Registered User enquiry which is concerned with the functionality of any software application other than for the purposes of uploading data to the User’s Web Hosting Space.  This includes but is not restricted to Perl or CGI scripts or mySQL/SQL and PHP database enquiries
Bandwidth	Means the amount of network space allocated to the Customer and is shown in the relevant Hosting Packages
CGI	Means Common Gateway Interface
DNS	Means Domain Naming System
Domain Name	Means a unique identifying address which represents an internet website address
Dreamweaver	Means an HTML Editor produced by Macromedia
Dreamweaver Ultradev	Means an HTML Editor produced by Macromedia
E-Mail Configuration	Means the process of configuring a Registered User’s computer to connect to the Registered User’s Web Hosting Space for the purpose of sending & receiving e-mail using, but not restricted to Microsoft Outlook Express or versions of Microsoft Outlook
E-mail Facility	Means the provision of electronic mail services using the Webspace & the Customer’s Domain Name
Frontpage	Means an HTML Editor produced by Microsoft
FTP	Means File Transfer Protocol
FTP Program	Means a software program for uploading data from a remote computer to the Registered User’s Web Hosting Space using FTP
FuturePay	An automatic system for processing recurring fees on a monthly or annual basis using the Payment Gateway. If the Customer does not cancel the FuturePay then payment for the Service Charge shall be automatically charged to the Customer´s credit or debit card on the monthly or annual anniversary of the initial Service Charge. The Customer can cancel the service in accordance with the Termination section (Section 15) of this agreement. If the Customer does not Terminate the service then they shall be deemed to have accepted that they wish to continue the service & the FuturePay shall continue to process the Service Charge.
HTML Editor	Means a software tool for creating HTML code and includes, but is not limited to Dreamweaver, Dreamweaver Ultradev and Frontpage
Invalid Enquiries	Means any Application Enquiry; any Script Enquiry; any enquiry received from Unregistered Users
Live Help	Means an internet facility provided by LivePerson Inc. which allows the Supplier representatives to communicate with Registered Users.
Monthly Fee	Means a charge payable to the Supplier each month and for which subsequent payments shall be made on the corresponding date each month.For the purpose of clarity, if the first Monthly Fee is paid on the 1st June, subsequent payments will be made on the 1st of each month.   In instances where the first Monthly Fee is taken on the 29th, 30th or 31st of the month, the payment shall be due on the closest preceding date in months where these dates do not exist.
MySQL	Means a database management system based on SQL
Payment Gateway	Means the internet facility provided by the Supplier to accept credit & debit card payments and through which all payments for the Service shall be made by the Customer
Perl	Means a scripting language used to write CGI programs
PHP	Means a server side scripting language
Registered Users	Means the Web Hosting Customers who have been registered to use the Service and for whom the appropriate charges have been paid
Script Enquiries	Means any enquiry related to the functionality of any software programme including, but not limited to CGI, Perl, SQL & PHP
Service Charge	Means a charge payable to the Supplier and consists of either the monthly fee or the annual fee. When the Service Charge is made initially the system shall set up a FuturePay.
Service Month	Means the period of 1 calendar month immediately following payment of the Monthly Fee
Service Year	Means the period of 1 calendar year immediately following payment of the Annual Fee
Spam	Please refer to Spam Policy
SQL	Means Structured Query Language
Unregistered Users	Means any Users who request the Service from the Supplier who are not Registered Users
Valid Enquiries	Means an enquiry received from a Registered User related to the provision of DNS information, Web Hosting Control Panel Enquiries, E-mail configuration, uploading a website to the Registered User’s webspace using an FTP program (including those built into HTML Editors), uploading a database to the Registered User’s webspace using SQL or PHP, assistance with the installation of Perl or CGI Scripts to the correct location in the Registered User’s webspace
Control Panel	Means a software interface provided by the Supplier and which forms part of the Registered User’s Web Hosting Space and which provides a range of web hosting functions

 

2. SUPPLIER’S RESPONSIBILITIES

 

The Supplier is responsible for providing the Customer with the following:

 

(i)                  Webspace

(ii)                 E-Mail Facility

(iii)                Technical Support to Registered Users via Live Help or the Helpdesk for Valid Enquiries

3. EXCLUSIONS FROM THE SERVICE

 

The following are specifically excluded from the Service:

 

(i)                  The cost of Domain name registration is specifically excluded from the cost of the Service;

(ii)                 Advice or support for Invalid Enquiries;

(iii)                Any access by the Supplier to the Customer’s Webspace via FTP or other electronic means unless with prior agreement with the 

                     Registered User

(iv)                Advice or support to enquiries received from Unregistered Users

(v)                 Adult Content

(vi)                Spam

(vii)               Any content which contravenes the Supplier’s Acceptable Usage Policy

 

 

4. CUSTOMER’S RESPONSIBILITIES

 

The Customer is responsible for ensuring that they will not display via the webspace any materials which:

 

(i)                  Break, contravene, infringe or violate any UK or Foreign Laws or regulations;

(ii)                 Break, contravene, infringe or violate any intellectual property rights of Power Converge Ltd or any other third party;

(iii)                Are defamatory, slanderous or libellous;

(iv)                Are harassing or threatening;

(v)                 Are discriminatory based on gender, race, age or promotes hate;

(vi)                Violate any Power Converge Ltd policy posted on the Power Converge Ltd website and which includes but is not limited to our Acceptable

                     Usage Policy;

(vii)              Contain viruses or other computer programming defects which result in damage to Power Converge Ltd or any third party

 

The Customer accepts that they may only utilize the Bandwidth allocated to them in the relevant Hosting Package.

The Customer accepts that they will use only properly licensed third party software in relation to the Service.

The Customer is responsible for ensuring that they have made back-up files using the Back-up facility provided as part of the Service via the Web Hosting Control Panel.

 

 

5. CONTACT WITH THE SUPPLIER

 

The Customer acknowledges and recognises that all contact with the Supplier in the first instance should be made via e-mail to support@onlineorg.co.uk

 

The Customer agrees that the Supplier shall offer telephone support as part of the Service only once the Customer has placed a call on the

Helpdesk & can quote a Helpdesk reference to assist in the rapid diagnosis of the problem.

 

 

6. FEES

 

The Service Charge shall be those published on the Supplier’s website

Any changes to the value of the Service Charge shall be notified by e-mail to the Customer and shall take effect from 30 days of this notification.

The Service Charge does not include the Domain Name Registration Fee.

The Monthly Fee for the Service shall be paid by the Customer using the Supplier’s Payment Gateway in advance of the applicable Service Month. The Supplier reserves the right to refuse service to the Customer should the Monthly Fee not be paid in advance of the Service Month. In such instances, if a Customer’s account is suspended there shall be a £10 reactivation charge, which can only be waived at the Supplier’s sole discretion.

The Annual Fee for the Service shall be paid by the Customer using the Supplier’s Payment Gateway in advance of the applicable Service Year. The Supplier reserves the right to refuse service to the Customer should the Annual Fee not be paid in advance of the Service Year. In such instances, if a Customer’s account is suspended there shall be a £10 reactivation charge, which can only be waived at the Supplier’s sole discretion.

 

 

7. DISPUTE POLICY

 

The Customer agrees to be bound by the Power Converge Ltd Dispute Policy

The Customer also agrees that in the event that a dispute arises with any third party, the Customer shall indemnify and hold the Supplier harmless pursuant to the terms and conditions contained in the Dispute Policy.

 

 

8. SERVICE REGISTRATION INFORMATION AND ITS USE

 

The Customer agrees to provide the Supplier with the following information in order to process your registration:

Customer name, Customer company name, mailing address, telephone number, fax number and e-mail address;

The Customer agrees to adhere to the requirements of the Supplier’s Domain Name Registration Terms and Conditions. The Customer’s attention is drawn to section 10 of these Terms and Conditions relating to the use of information provided to the Supplier by the Customer, and in particular the provision of such information to the relevant Domain Registrars including, but not limited to, ICANN and Nominet.

 

 

9. OBLIGATIONS RELATING TO DATA PROVIDED BY THE CUSTOMER

 

If the Customer is registering the Service on behalf of a third party, the Customer hereby confirms that they have received their prior written consent to do so and their agreement to these terms and conditions. The Customer hereby indemnifies the Supplier against any actions or legal proceedings from any third parties relating to any such registrations.

 

 

10. DISCLOSURE AND USE OF REGISTRATION INFORMATION

 

This agreement authorises the Supplier to use any information provided to them as required for the purpose of providing the Service.

The Customer hereby irrevocably waives any and all claims and causes of action that the Customer may have arising from such disclosure or use of the Service registration information.

The Supplier agrees that any information received from the Customer will not be used in any way except for the purposes stated in this agreement.

The Supplier will take reasonable precautions to ensure that any information provided by the Customer is protected against loss, misuse, unauthorized access or disclosure, alteration or destruction.

 

 

11. LIMITATION OF LIABILITY 

(i)                  The Customer agrees that the Supplier shall, under no circumstances, be liable for any damages resulting from loss of profits or data

                      arising out of or in connection with this Agreement. In particular the Supplier will not be liable for the following:

 

(ii)                 Interruption of the Customer’s business; events beyond the reasonable control of the Supplier; application of the Dispute Policy

 

(iii)                The Supplier’s maximum aggregate liability shall not exceed the greater of:

(a)  the total amount paid by the Customer for the total of the first Monthly Fee or the Annual Fee, whichever is applicable; or (b) £30.00 (UK Pounds).

(iv)                Section (iii) above shall not apply  where the Service has been suspended due to non payment of the Service Charge by the Customer.

 

12. INDEMNIFICATION OF THE SUPPLIER

The Customer agrees to indemnify the Supplier and employees and directors against any action arising from action on the part of Registered or Unregistered Users of the Service. This indemnification is in addition to any indemnification required under the Dispute Policy.

 

13. BREACH AND REVOCATION

The Supplier reserves the right to suspend, cancel or refuse delivery of the Service to any Customer in the event that:

 

(a)     the Customer materially breaches this Agreement;

(b)     the Customer provides false or inaccurate information;

(c)     The Customer breaches the Supplier’s Acceptable Usage Policy

 

 

14. FORCE MAJEURE

 

The Supplier shall not be liable for any delay or failure in performance of its obligations under this Agreement which is due to or results from any acts, events, omissions, happenings or non-happenings beyond its reasonable control including acts of God, strike, work stoppages, governmental regulations, acts or directives, war, riot, fire, flood, civil commotion, equipment or facilities shortages or delays which are experienced by providers of internet services generally, or any circumstances beyond its reasonable control.

 

15. TERMINATION

Termination may be made by either the Supplier or the Customer with 30 calendar days notice.  Such notice must be in writing in the form of an e-mail.

 

 

16. GOVERNING LAW 

Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, shall be governed by and construed in accordance with the laws of the United Kingdom.

 

 

17. STATUTORY RIGHTS

These terms & conditions do not affect your statutory rights as a consumer.

 

Domain Name Registration Agreement

 

 

1. IN THIS REGISTRATION AGREEMENT ("Agreement"), “Registrant”, "you" and "your" refers to the Registrant of each domain name registration, "we", “us" and "our" refers to Power Converge Ltd.com Co., and “Services” refers to the domain name registration services provided by us as offered through Power Converge Ltd, the Registration Service Provider (“Reseller”). Any reference to a “registry,” “Registry” or “Registry Operator” shall refer to the registry administrator of the applicable TLD or ccTLD. This Agreement explains our obligations to you, and explains your obligations to us for the Services. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by a registry for that particular registry only. You warrant that you buy our services as a business and not as a consumer.

 

2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name registration, even if an inquiry indicates that a domain name is available at the time of your application for same. You represent that, to the best of the your knowledge and belief, neither the registration of the 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. During the period following registration of a domain name and the appointment of active name servers, we may post a stagnant web page and any revenues generated from same shall be for our own account.

 

3. FEES. As consideration for the Services, you agree to pay Reseller the applicable service(s) fees prior to the effectiveness of a desired domain name registration or any renewal thereof. All fees payable hereunder are non-refundable even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both Power Converge Ltd and each registry reserves the right to terminate your domain name registration if: (i) information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a breach of this Section 3 will constitute a material breach of our Agreement, which will entitle either us or a registry to terminate this Agreement immediately upon such breach without any refund and without notice to you.

The service specifically excludes any form of email and web forwarding including A records, MX records, CNAME records unless you order this service based on the prices on display on the Power Converge Ltd website.

 

4. TERM. This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.

 

5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that Power Converge Ltd may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. All amendments to this Agreement will be posted on our website. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.

 

6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the Account Identifier and Password that you selected when you opened your account with us. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.

 

7. NO GUARANTY. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.

 

8. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the dispute policy adopted by the applicable registry. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable policy. If Power Converge Ltd is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Power Converge Ltd may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) Power Converge Ltd is directed to do so by the judicial or administrative body, or (ii) Power Converge Ltd receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, Power Converge Ltd may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.

 

9. POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Power Converge Ltd, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Power Converge Ltd, registry, ICANN or government-adopted policy, (1) to correct mistakes by us or a registry in registering the name or (2) for the resolution of disputes concerning the domain name.

 

10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you will secure the agreement of any third party to the terms and conditions in this Agreement

  

 

11. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet. 

   

 

12. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial registration of your domain name. Power Converge Ltd and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

 

13. INDEMNITY. You agree to release, indemnify, and hold Power Converge Ltd, its contractors, agents, employees, officers, directors and affiliates, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name, whether used by yourself, licensed to a third party or pursuant to the Whois Privacy Service, including without limitation infringement by you or a third party with access to your Account Identifier and Password. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.

 

14. TRANSFER OF OWNERSHIP. The person named as Registrant on the Whois shall be the registered name holder. The person named as Administrative contact at the time the controlling Account Identifier and Password are secured, shall be deemed the designate of the Registrant with the authority to manage 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. 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.

 

15. RENEWALS AND FORFEITURE. Domain names are registered for a finite period of time. You will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name. In the event that you fail to renew your domain name in a timely fashion, your registration will expire and we may, at our discretion, elect to assume the registration and may hold it for our own account, delete it or we may sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be made available for registration by a third party.

If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This parked or default page may feature advertisements posted by us for our own account.

If we have elected to renew the registration, you will be entitled to a grace period during which you may re-register the domain name from us. Additional costs may apply. During this grace period, we may post a parked page and/or may revise the “Whois” registration records to include either our information or that of your Reseller. The domain name may also be listed for auction. If the name is sold during any such auction, it will be acquired by a third party on a provisional basis and will remain available for re-registration by you during our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded and you will receive a share of the proceeds received from the new registrant. Power Converge Ltd will send an email to the last address you have provided advising you of the sale and your interest in same. At present, we agree to pay you forty (40) per cent of the net proceeds of any such auction. You will have one (1) year following the issue of the email to claim your share of the proceeds. Any amounts not claimed within one (1) year will be deemed to have been abandoned by you and will be deposited by us for our own account.

If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.

 

16. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

 

17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 

18. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:

(a)	your name and postal address (or, if different, that of the domain name holder)
(b)	the domain name being registered;
(c)	the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
(d)	the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
(e)	the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.

 

Any voluntary information we request is collected in order that we can continue to improve the products and services offered to you through your Reseller.

 

19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, law enforcement agencies and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by ICANN and applicable laws.

(a)	You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.
(b)	You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller.
(c)	We will not process or maintain data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
(d)	We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized disclosure, alteration or destruction of that information.

20. OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by ICANN or an applicable registry policy.

21. REVOCATION. We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.

22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.

23. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

24. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to Power Converge Ltd must be sent to info@onlineorg.co.uk. Any notice to you will be sent to the e-mail address provided by you in your Whois record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing Postal notices to Power Converge Ltd shall be sent to:

Power Converge Ltd
Building 1B
Old Highgate Works
Forest Row
East Sussex  RH18 5AT

and in the case of notification to you shall be sent to the address specified in the “Administrative Contact” in your Whois record.

25. ENTIRETY. You agree that this Agreement, the applicable dispute policy and the rules and policies published by Power Converge Ltd and any applicable registry or other governing authority, are the complete and exclusive agreement between you and us regarding our Services.

26. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

27. INFANCY. You attest that you are of legal age to enter into this Agreement.

28. FORCE MAJEURE. You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.

29. PRIVACY. Information collected about you is subject to the terms of Power Converge Ltd’ privacy policy, the terms of which are hereby incorporated by reference.

 

30. CONTROLLING LANGUAGE. In the event that you are reading this Agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.