Terms & Conditions

For all UK domain name registrations (co.uk, org.uk, me.uk) you are entering into an agreement with Nominet UK, who administer the .uk namespace. Their terms and conditions can be found at http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/.

For all global domain name registrations (co, com, net, org, eu, tel, me, info, biz, mobi) you are entering into an agreement with ADVANTAGE INTERACTIVE LTD. ("ADVANTAGE INTERACTIVE LTD") a registrar accredited by ICANN (Internet Cooperation for Assigned Names and Numbers) to directly register global domain names. To view their terms and conditions http://www.advantage-interactive.com/reg_agreement.html.

These terms and conditions shall apply to the "Agreement" between LCN.com of Units H, J, K, Gateway 1000, Whittle Way, Stevenage, Hertfordshire SG1 2FP, United Kingdom ("LCN") and, the individual or company applying for the provision of services by LCN ("Customer").

It is hereby agreed that:

1. Definitions

   In this Agreement, the following expressions shall have the following meanings:

   "Commencement Date"

   means the date upon which LCN confirms acceptance of the Customer's offer to pay for the Service in accordance with this Agreement;

   "Confidential Information"

   information which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary;

   "Contract"

   means a contract for the provision of the Service which arises from the acceptance by LCN of an Order and which shall be on and subject to this Agreement;

   "Domain Name Services"

   means the processing of Orders with the Relevant Naming Authority on the Customer. behalf and such additional services as may be agreed between the parties;

   "Duration Period"

   is the period commencing on the Commencement Date and expiring on the date the Agreement is terminated in accordance with Clause 6 of these Conditions;

   "LCN Website"

   any Website or micro site trading under the LCN name;

   "Fees"

   the fees (including any VAT) due for the provision of the Services as calculated in accordance with the Price List;

   "Inappropriate Material"

   material that under the laws of any jurisdiction where the material can be accessed is any of the following:- unlawful, threatening, abusive, harmful, malicious, obscene, pornographic, is deemed Unacceptable Adult Material, profane, libellous, defamatory, breaches the rights (including without limit IPRs) of any third party, constitutes or encourages a criminal offence or contains a virus, worm, trojan horse or other harmful code;

   "Intellectual Property Rights" ("IPRs")

   copyrights, patents, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world;

   "Material"

   text, graphics, images, sound, video or any combination thereof;

   "Netiquette"

   means generally accepted standards for use of the Internet such as but not limited to sending bulk unsolicited Email, spamvertising, mail bombing, misrepresenting the holding of third party authorisation and impersonating another person;

   "Order"

   means the Customers application for the Services through an Order Form or by adding items to their shopping basket and proceeding to the checkout phase. Completion by Customer indicates which Service it requires and its agreement to these terms and conditions governing such provision;

   "Pre-Order"

   means the facility whereby the Customer can request the provision of a Service prior to it becoming publicly available. LCN will complete the Order and provision the Service as soon as it is able to.

   "Price List"

   the price for each Service as available on the LCN Website;

   "Relevant Legislation"

   laws relating to data protection and any laws governing Inappropriate Material;

   "Server"

   the computer server equipment operated by LCN in connection with the provision of the Services;

   "Service"

   the services identified in an Order to be provided by LCN to the Customer including without limitation Broadband Services, Hosting Services, Servers, details of the requested Data Transfer, Hardware, Storage Space and Software pursuant to these terms and conditions and any others specified by LCN on such Order;

   Suspension Event

   any event that places the Customer in breach of their obligations under this Agreement or in breach of these terms and conditions

   "Unacceptable Adult Material"

   includes any nudity, erotic images, sexually oriented material, or sexual themes;

   "Website"

   website on the World Wide Web;

   "Working Day"

   means a day other than a Saturday or Sunday on which the Clearing Banks in the United Kingdom are open to the public for the transaction of business;

   "Working Hours"

   means 9am - 5.30pm on each Working Day.

2. Payment and Services

   2.1 In consideration for the payment of the Fees calculated correctly in accordance with the prices shown on LCN Website at the time of the completion of an Order by Customer or of placing of an Order by Customer by telephone,fax or post, LCN agrees to provide the Services.

   2.1.1 Domain names are registered for the period specified at the time of ordering, and are renewable by Customer on or before the end of the initial paid-for period, at the then current renewal rates, as published on LCN Website from time to time, subject to Clauses 2.10, 10.3 and 10.16

   2.2 The Customer agrees to make payment for the Services by debit or credit card payment at the time of making the order or renewal.

   No Service will commence or be processed until full payment has cleared.
   
   2.3 If Customer fails to pay any invoice which is due and payable under this Agreement, LCN shall be entitled to charge interest on a daily basis on the overdue amount and on outstanding interest from the date of such failure until payment (until judgement) at an annual rate 4% above the base rate for the time being in force of Barclays Bank plc.

   2.4 Non-delivery or non-performance of services by any third party other than LCN's sub-contractors shall not give Customer any right to delay any payment to LCN or to make any claim whatsoever against LCN.

   2.5 The Customer acknowledges that the provision of the Services is conditional on LCN receiving payment of the Fees in full. In the event of non payment of Fees or suspected fraudulent activity in relation to payment of Fees by the Customer, LCN reserves the right forthwith to withhold, suspend or cancel the Services without further obligation to Customer. Domain names, once registered, are unable to be cancelled or changed.

   2.6 The terms of the Contract contain the whole agreement between LCN and the Customer in relation to the Services detailed in the Order thereto. All other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law.

   2.7 If the Customer requires any variations or additions to the Services set out in an agreed Order then the parties may agree a new Order superseding the existing Order.

   2.8 LCN reserves the right at any time and from time to time to amend, improve or correct the Services (or any part thereof) provided that such modification does not materially affect them. LCN shall endeavour to give the Customer reasonable notice of such modifications but this may not always be possible and LCN shall not be liable to the Customer or to any third party for any such modification or any failure to give such notice.

   2.9 All transactions are subject to UK VAT at the rate of 17.5%.

   2.10 All prices may be increased subject to the base rate of inflation as calculated by the Bank of England. Customers will be given one months notice of any price changes.

   2.11 Pre-Orders cannot be cancelled, are non-transferrable and cannot be substituted, regardless of any financial consideration that LCN may have taken in deposit for a Pre-Order. Bulk pricing will only be applied on an order by order basis for General Availability only, and will not be accumulated across all Pre-Orders placed. Bulk pricing discounts will apply to each item within the Customer's order, regardless of the Domain Name LCN secure for the Customer.

   2.12 The Customer acknowledges and agrees that when making a Pre-Order the Customer's nominated payment card in the Customer's account will be charged up to 10 days before provisioning of the Service so that the Customer's Order can be processed.

   2.13 The Customer acknowledges and agrees that it is the Customer's responsibility to keep stored payment details up to date and accurate for the period prior of the provisioning of a Pre-Orders and that the Customer's Pre-Order will not be completed without a successful payment. A refund will be made for any amount owing for unsuccessfully provisioned services (not including non-refundable application fees).

3. Indemnity

   3.1 Customer hereby agrees fully to indemnify, keep indemnified and hold harmless LCN, its officers, employees, agents, sub-contractors and affiliated companies from and against any and all costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by LCN or its any of its officers, employees, agents, sub-contractors or affiliated companies directly or indirectly and in any jurisdiction as a result of:

   3.1.1 any breach of any of the warranties given by Customer in this Agreement;

   3.1.2 otherwise howsoever arising out of the provision by LCN of any Service hereunder unless on account of breach of contract or negligence by LCN; and/or

   3.1.3 any breach by Customer of any of its obligations in this Agreement.

4. Customer Authorisation and Obligations

   4.1 Customer hereby appoints LCN to act on its behalf in conjunction with the provision of the Services.

   4.2 Customer acknowledges and accepts that to enable LCN properly to provide the Services it must co-operate with LCN as required by LCN and, in particular:-

   4.2.1 ensure that all its communication details which are provided to LCN are at all times true, current, accurate and complete and the Customer shall promptly notify LCN of any such alterations thereto from time to time and the Customer acknowledges that LCN shall not be liable for any costs, damages or loss which the Customer may suffer or incur as a result of failure to notify such changes to LCN.

   4.2.2 obtain the consent of individuals whose personal data are to be held on a domain name register or are otherwise provided to LCN.

   4.3 The Customer agrees that it shall:

   4.3.1 immediately notify LCN if it becomes aware of any unauthorised use of all or any of the Services;

   4.3.2 not use the Services or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any Inappropriate Material whether under English law or regulation, the laws or regulations of the Customer country or any other place where the results of such purpose or such material can be accessed;

   4.3.3 not use the Services or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of LCN may harm LCN or any of its Customers or bring LCN into disrepute or may call into question any action taken by LCN on the Customer's behalf;

   4.3.4 not use the Services or allow them to be used in breach of good Netiquette practices;

   4.3.5 ensure that it has all necessary consents, permissions and licences to make use of the Services including without limit registration under the Data Protection Act 1984 and 1998;

   4.3.6 not provide any technical or other information obtained from LCN and/or relating to the Services, this Agreement or the Contract to any person, company, firm or government which the Customer knows or ought reasonably be aware may directly or indirectly lead to a breach of any English law or regulation;

   4.3.7 not, in breach of good Netiquette practices, use any service provided by any third party (including without limit an Internet web site and/or Email) for the publication, linking to, issue or display of any material which refers to an Internet web site hosted by LCN or any other services offered by LCN from time to time;

   4.3.8 ensure that all material on any web site operated by the Customer from time to time or communicated through such site is checked for viruses and other harmful code;

   4.3.9 ensure that all passwords are at all times kept confidential, used properly and not disclosed to unauthorised people and if the Customer has any reason to believe that any password has become known to someone not authorised to use it or if any password is being or is likely to be used in an unauthorised way or of any other breach of security then the Customer shall inform LCN immediately;

   4.3.10 be entirely liable for all activities conducted and charges incurred under its passwords whether authorised by it or not and the Customer acknowledges that LCN shall not be liable for any loss of confidentiality or for any damages arising from the Customer to comply with these terms;

   4.3.11 not use the Services in a manner which infringes a third party's copyright or other intellectual property rights of whatsoever nature;

   4.3.12 not use the Services in any way that leads to a risk of or causes an excessive load on the server/network provided by LCN in connection with the Services; and/or restricts or inhibits any other user from using or enjoying the products and Service's of LCN and LCN's suppliers

   4.3.13 be responsible for keeping regular back ups of all material and data hosted by LCN on any server or web site operated by the Customer from time to time

   4.4 The Customer acknowledges that in order to make proper use of the Services it should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The Customer acknowledges that LCN shall have no obligation to: a) manipulate any material which the Customer wishes to and/or does post on any web site it operates or any communication which it issues or sends in connection with any of the Services; or b) validate or vet such material for usability, legality, content or correctness.

   4.5 LCN.COM reserves the right to end any offer or amend the offers terms and conditions at any time without the prior notice or consent of the Customer.

   4.6 The Customer acknowledges that LCN or its suppliers may from time to time:

   4.6.1 for operational reasons make changes to its network;

   4.6.2 change the technical specification of the Service;

   4.6.3 give the Customer instructions which it reasonably believes are necessary for reasons of health, safety or the quality of the Service.

5. LCN Warranties and Liability

   5.1 LCN makes no warranties or representations that any Service will be uninterrupted or error-free. Customer accepts all Services provided hereunder "as is" without warranty of any kind.

   5.2 All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) - excluding 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.

   5.3 LCN shall not be liable for any services or products to be supplied by any third party.

   5.4 LCN shall not be liable for any loss or damage of whatsoever nature suffered by Customer arising out of or in connection with any breach of this Agreement by Customer or any act, misrepresentation, error or omission made by or on behalf of Customer.

   5.5 LCN disclaims all liabilities in connection with the following:

   5.5.1 loss of material uploaded;

   5.5.2 incompatibility of the site with any of the Customer's equipment, software or telecommunications links;

   5.5.3 technical problems including errors or interruptions of the site;

   5.5.4 unsuitability, unreliability or inaccuracy of the site.

   5.6 LCN is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Customer whether or not beyond those already supplied.

   5.7 Subject to Clauses 5.8 and 5.9 below, no matter how many claims are made and whatever the basis of such claims, LCN's maximum aggregate liability to Customer 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 Clauses 5.1-5.5 above, or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the Fees paid by Customer pursuant hereto.

   5.8 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of LCN, its employees or its sub-contractors.

   5.9 This does not affect your statutory rights as a consumer, including those set out in Clause 8 below.

   5.10 Customers who have set user pricing will receive discounts on either the percentage off discount of the non user pricing product price or the difference of the discount between the non user pricing product price and their set user pricing. The highest discount value will be applied in this case.

   5.11 The Customer acknowledges that LCN can not warrant that the Service shall be interruption free. The Service may be suspended for operational reasons (e.g. maintenance, upgrades, improvements etc.) or emergencies. LCN shall use reasonable endeavors to give the Customer as much notice as possible, but this may not always be possible and LCN shall not be liable to the Customer or to any third party for failure to give such notice.

   LCN shall use its reasonable endeavours to rectify any failure of the Service to meet any agreed Service level (except where such failure is due to the occurrence of any Suspension Event) as soon as reasonably practicable whereupon it shall notify the Customer which shall reassess the Services as above. If the Customer does not notify LCN within two (2) Working Days of installation or (where LCN rectifies the Service) notification of completion of rectification of the Service, then the Customer shall be deemed to have accepted the Service and the Service shall be deemed to meet the agreed Service level as at the date of installation or rectification.

6. Termination

   6.1 LCN may terminate this Agreement by notice in writing to Customer having immediate effect if:

   6.1.1 Customer is in breach of any of its obligations under this Agreement;

   6.1.2 Customer is a company and a resolution is passed for its winding up or a petition for its liquidation is presented; or

   6.1.3 Customer is an individual and a petition for bankruptcy is presented against it; or

   6.1.4 A receiver or liquidator (where Customer is a company) or (where Customer is an individual) a trustee in bankruptcy is appointed over it or any of its assets; or

   6.1.5 Customer proposes or enters into any arrangement or composition with or for its creditors (including any voluntary arrangement).

   6.2 In the event that any of the circumstances identified in Clause 6.1 arises, LCN shall have the option to terminate this Agreement as regards all Services provided or to be provided or only as regards that Service or those Services in respect of which the breach is considered by LCN to have been committed; and

   6.3 In the event that any of the circumstances identified in Clause 6.1 arises, LCN shall be entitled to retain any sums paid to it by Customer hereunder and recover any sums due to it pursuant hereto whether invoiced or not at the date of termination.

   6.4 Reasonable usage applies.

7. 7. Confidentiality

   7.1 Each of the parties agrees (subject to Clauses 7.2 and 7.3) not to:

   7.1.1 disclose any Confidential Information received from the other party; or

   7.1.2 make any use of any such Confidential Information other than for the purposes of performance of this Agreement.

   7.2 Each party may disclose Confidential Information received from the other to its responsible employees, consultants, sub-contractors or suppliers who need to receive the information in the course of performance of this Agreement.

   7.3 The confidentiality obligations under Clause 7.1 shall not apply to any information which:

   7.3.1 is or subsequently becomes available to the general public other than through a breach by the receiving party; or

   7.3.2 is already known to the receiving party before disclosure by the disclosing party;

   7.3.3 is developed through the independent efforts of the receiving party; or

   7.3.4 the receiving party rightfully receives from a third party without restriction as to use.

8. Cancellation by Customer

   8.1 Where a Customer is deemed to be a "consumer" for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 or any reenactment thereof, he/she has the right to cancel an order, within 7 days of placing the order, by giving notice in writing to LCN, subject to the following provisions:

   8.1.1 orders for registration of domain names may not be cancelled after the domain name has been registered with the appropriate registry;

   8.1.2 orders for renewal of domain names may not be cancelled after LCN has submitted the renewal request to the appropriate registry.

9. General

   9.1 Subject to Clause 9.2, this written Agreement together with the Schedules hereto and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof. Nothing in this Clause 9.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.

   9.2 No change, alteration or modification to this Agreement shall be valid unless in writing and signed on behalf of both parties hereto.

   9.3 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.

   9.4 The rights and obligations of Customer under this Agreement are personal to Customer and Customer undertakes that it shall not, without the prior written consent of LCN, assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.

   9.5 LCN reserves the right to sub-contract any of the work required to fulfill its obligations hereunder.

   9.6 The Customer agrees and acknowledges that domain names parked on the LCN system which are not using the free web forwarding service will display a LCN holding page and that said page may incorporate content advertising LCN or third parties from time to time.

   9.7 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control as detailed in clause 15.

   9.8 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

   9.9 Clause headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement.

   9.10 Unless otherwise stated, all rates quoted are exclusive of value added tax at the standard rate.

   9.11 This Agreement shall be governed by the laws of England and the parties submit to the to the exclusive jurisdiction of the Courts of England and Wales.

10. Domain Name Registration

    10.1 Customer recognises and accepts that:

    10.1.1 LCN reserves the right to reject any request by a Customer to register any particular domain name or to discontinue processing such a request if LCN considers such application might expose LCN to legal or other proceedings.

    10.2 Subject to Clause 12, the extent of LCN's service in relation to the registration of domain names is:

    10.2.1 to forward Customer's application to the appropriate Registry;

    10.2.2 to provide administrative support in securing the registration;

    10.2.3 to notify Customer of the outcome of the application.

    10.3 Subject to using its reasonable endeavours to contact Customer prior to the domain name registration renewal date(s) at the e-mail address most recently provided by Customer pursuant to Clause 4.2.1, LCN will have no involvement in, or responsibility for Customer's use or retention of a domain name once registered;

    10.4 For the avoidance of doubt and in addition to the provisions of Clause 5 above, in no circumstances will LCN be liable to Customer for any loss of profit, business or anticipated savings suffered by Customer on account of a failure to obtain or loss of a domain name;

    10.5 LCN makes no warranty or representation of any kind in relation to the likelihood or otherwise of a particular domain name application being successful because domain name registries retain the right at their discretion to register or refuse to register a domain name applied for by LCN on behalf of Customer;

    10.6 Customer's use of the domain name once registered may be challenged by a third party; if so, or if any other dispute arises the procedures laid down by the relevant registry will apply and these may include the suspension or revocation of a Customer's application for a domain name or the registration of a domain name allocated to Customer to a third party and LCN will have no responsibility or involvement in relation thereto;

    10.7 It is Customer's responsibility to pay any and all renewal charges to the relevant registry in respect of each domain name registered by LCN on Customer's behalf;

    10.8 Domain names are registered on a first come, first served basis;

    10.9 The registration of a domain name does not confer any legal rights to a name or its use and any disputes between Customer and a third party are to be settled using normal legal methods. LCN will not be drawn into any such argument or dispute in any circumstances;

    10.10 An application for the registration of a domain name cannot be treated as having been successful until Customer has been notified by LCN in writing to this effect by email or otherwise.

    10.11 LCN will notify Customer as soon as is reasonably possible after the registration of a domain name has been effected and Customer shall be responsible for visiting LCN's Website on receipt of such notification in order to verify that the domain name has been registered correctly and for notifying LCN immediately if there is any error.

    10.12 Customer is advised not to take any action in respect of a requested domain name until it has carried out its obligations under Clause 10.15 and satisfied itself that such domain name has been correctly registered.

    10.13 The relevant domain name registry will include the names of the Customer and the administrative contact and other details relating to them. This information (if it refers to individuals) is 'personal data' for the purposes of data protection legislation. LCN may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the domain name or any other related purpose. Changes to this data once it has been entered into the relevant registry will incur a $34.00 (+VAT if applicable) administration fee.

    10.14 By releasing a domain name registered by LCN to another server/host the Customer terminates this Agreement between LCN and Customer and agrees to abide by the terms & conditions laid out by the receiving host/server.

    10.15. Customer warrants to LCN that:

    10.15.1 all information provided by Customer to LCN is true and correct, and that any additions or alterations thereto in the future will also be true and correct;

    10.15.2 it has the legal right to apply for and use the domain name(s) as a Website and/or email address; and

    10.15.3 the domain name(s) and its use as a Website and/or email address does not and will not infringe the Intellectual Property Rights or any other rights of a third party.

    10.16 Customer acknowledges that the application process, registration and subsequent use of any domain name will be subject to the rules and policies from time to time of the relevant registry and Customer agrees to abide by all such rules and policies. Accordingly, Customer undertakes to read those rules and policies before applying for a domain name (copies are generally available from the relevant registry's Website and are available from LCN by fax or post on request).

    10.17 If Customer's application for a particular domain name is rejected, LCN will return to Customer any payments received in respect of that application.

    10.18 The initial registration fee is to secure the domain name(s) and pay the relevant NIC bodies (e.g. Nominet) administration fees only, and does not include any form of web hosting.

11. Web Forwarding

    11.1 All Material which a Customer wishes to post on a Website will be in a condition which shall be "server-ready" and which requires no additional manipulation on the part of LCN. LCN shall be under no obligation to validate such Material for content, correctness, legality or usability.

    11.2 Customer recognises that using LCN's Web Forwarding services requires a certain level of knowledge on Customer's part in the use of Internet languages, protocols and software. The following examples are offered:

    11.2.1 Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Web contents, graphics, sound, text, imagemapping etc.

    11.2.2 CGI scripts: requires a knowledge of the UNIX environment, Telnet, TAR and GUNZIP commands, Perl, CShell, permissions etc.

    11.3. Customer warrants that it has the necessary knowledge referred to in Clause 11.2 above and acknowledges that it is not the responsibility of LCN to provide such knowledge or to provide customer support unless otherwise agreed in writing with LCN.

    11.4 Customer acknowledges and accepts that it bears sole responsibility, legal and otherwise, for the content of all Material appearing on its Website. For the avoidance of doubt, this clause shall apply to all Material, whether posted on Customer's Website by or on behalf of Customer (whether by LCN or a third party).

    11.5 Customer warrants, represents and undertakes in relation to all Material that:

    11.5.1 it is not Inappropriate Material;

    11.5.2 Customer either has sole ownership of all Intellectual Property Rights in such Material in each jurisdiction from which the Website may be accessed and/or has obtained full and effective licence(s) from all relevant third parties allowing Customer or a third party acting on behalf of Customer to use the Material and to permit its dissemination worldwide;

    11.6 Customer undertakes not to link to any Inappropriate Material from its Website.

    11.7 LCN shall retain the right at all times to refuse to post any Material and to suspend availability of the Web Forwarding, where an allegation of defamation or Intellectual Property Right infringement is made by a third party or place a link on the Website to another Website containing the alleger's version of events and/or to remove any Material already appearing on the Website which in the opinion of LCN may under the laws of any jurisdiction from which it is possible to access the relevant Website :

    11.7.1 constitutes or would if posted constitute Inappropriate Material;

    11.7.2 breaches or would if posted breach Relevant Legislation or any other applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory); and/or

    11.7.3 harms or would if posted harm the reputation of LCN in any way.

12. E-mail Forwarding

    12.1 Customer undertakes that it will not (and will ensure that others under its control will not) via e-mail:

    12.1.1 transmit Inappropriate Material;

    12.1.2 infringe the Intellectual Property Rights of any third party;

    12.2 When sending e-mail, Customer acknowledges that it is responsible for complying with any Relevant Legislation.

    12.3 Customer acknowledges that LCN is not responsible for the security of the contents of e-mail sent or received by Customer.

    12.4 LCN will use its reasonable endeavours to ensure that messages are routed accurately and promptly but does not accept any liability for non-receipt, non-delivery or misrouting of e-mail or any other failure of the e-mail system.

    12.5 LCN's policy is to respect the privacy of e-mail messages sent, received forwarded or otherwise dealt with by it and Customer acknowledges that LCN will therefore not monitor, edit or disclose the contents of such messages unless required to do so by law or competent authority or to protect LCN's rights and/or position.

13. Intellectual property rights and licence agreement

    13.1 All IPRs relating to the Services including without limit any Internet Protocol Addresses assigned to the Customer are and shall remain the property of LCN. LCN reserves the right to change the Internet Protocol Address assigned to the Customer at any time, however LCN shall endeavour to give reasonable notice of the change and shall use reasonable endeavours to reduce disruption to the Customer resulting from such changes.

14. Force Majeure

    14.1 If LCN is prevented or delayed in or from performing any of its obligations under these terms and conditions or the Contract due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency LCN shall not be liable for this.

15. Express checkout and auto-renew

    15.1 All new services will be opted into auto-renew unless the Customer disables auto-renew functionality within their account

    15.2 By supplying your credit / debit card details for the payment of LCN Services, you authorise LCN to automatically charge your credit or debit card for charges that apply to your account. You also authorise the storing of your credit / debit card details for use in subsequent orders.

    15.3 LCN provides an auto renewal feature on hosting and domain Services. Hosting Services and .EU domains shall be automatically renewed for a term of 1 year. All other Domains Services shall be automatically renewed for a term of 2 years. These periods are configurable for most services.

    15.4 To ensure the continuity of Services LCN shall notify the Customer 28 days prior to the expiration of the Services. LCN shall charge the credit / debit cards held in the Customer's account 21 days prior to the expiration of the Services. In the event the payment fails, we will notify the Customer via e-mail and it will be the Customers responsibility to make alternative payment arrangements for the renewal of Services.

    15.5 It is the Customer's responsibility to ensure that they, have valid up-to-date credit/debit card details assigned to their account to use the auto-renew facility.

    15.6 The Customer agrees that they are solely responsible for ensuring that their Services are renewed and that LCN shall have no liability to the Customer or any Third Party in connection with the renewal, including, but not limited to, any failure in the renewal process.

16. Monthly services and eShop hosting

    All eShop packages will automatically be set to Auto Renew. It is the customers responsibility to switch this off if it is not wanted.

    Noticed will be sent if payment fails for any reason. It is your responsibility to make sure payment details are correct.

17. Domain privacy terms and conditions

    The following terms and conditions will apply if you purchase the Domain Privacy Protector product:

    • Buyers of Domain Privacy Protector have elected to include the following information in the publicly available WHOIS Registry:
      1. The Registrant and Contacts name(s) shall appear as Domain Privacy Protector Ltd.
      2. The postal address, assigned email address, and telephone number shall appear on behalf of the Registrant and the Contact(s) as Domain Privacy Protector Ltd.
      3. The original date of registration and the expiration of each domain name.
    • You understand and agree that the Registrant and Contact Information that you have provided will be kept on file. You further agree and warrant that you will ensure that the WHOIS Information is true, accurate and up to date.
    • You will retain complete control over the domain name and its registration records and may suspend Domain Privacy Protector at your discretion.
    • Domain Privacy Protector may be used with both new and existing domain name registrations. You may use Domain Privacy Protector with respect to a domain name that has been transferred but it will only commence after the transfer has been completed.
    • If you wish to transfer the domain name to a different registrar, the WHOIS Privacy Service must be disabled in order to initiate the transfer.
    • Renewal and transfer related messages will be sent to the contacts you have designated.
    • Communications received with respect to a particular domain name registration will be handled as follows:
      1. We will forward to you or a Contact all correspondence received by registered mail or traceable courier. This information may be opened, scanned and emailed to you or your Contact. Regular postal mail will be discarded or returned to sender at our discretion.
      2. Email correspondence will be forwarded according to the Registrant contact you have specified as they appear in our records.
      3. A voice mail message will advise all callers that inbound messages will not be accepted; calls will be directed to the DomainPrivacyProtector.com web site where written messages will be forwarded according to your instructions.
      4. We will only be responsible for forwarding communications where Domain Privacy Protector Ltd. details have appeared in the WHOIS and when your WHOIS information is accurate, complete and up to date.

    Right to Suspend and Disable

    • We shall have the right, at our sole discretion and without liability to you or any of your Contacts, suspend or cancel your domain name and to reveal Registrant and Contact WHOIS Information in certain circumstances, including but not limited to the following:
      1. when required by law
      2. in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law
      3. to resolve any and all third party claims including but not limited to ICANN's or a Registry's dispute resolution policy
      4. to avoid financial loss or legal liability
      5. if we believe that you or one of your Contacts is using Domain Privacy Protector to conceal involvement with illegal, illicit, objectionable or harmful activities
      6. to transmit SPAM, viruses, worms or other harmful computer programs
    • You understand and agree that, in the event that we receive a formal complaint, notice of claim or UDRP, that we will have the right to disable Domain Privacy Protector pending final disposition of the matter.

    Payment terms and refunds

    The Client agrees that the term of Domain Privacy Protector product will run in conjunction with the term of any requested domain that the Client wishes to register or any pre-existing domain that the client wishes to renew, as Clients will not be refunded for any period where Domain Privacy Protector is dormant.

18. Google AdWords voucher terms and conditions

    • Only one promotional code is valid per customer
    • You cannot use the code more than once.
    • £20 Google AdWords Voucher is only applicable to purchases of more than £25 made after the 13th March 2009.
    • Offer of £20 Google AdWords Voucher on purchases of more than £25 is only available to customers with a UK billing address.
    • Assuming a voucher has not already been claimed, customers will be able to claim their Google AdWords voucher via the LCN customer Control Panel 3 days after product purchase.
    • Use of Google AdWords and redemption of the promotional credit is subject to ad approval, valid registration and acceptance of then current Advertising Terms and Conditions. The promotional credit will be automatically credited to your new Google AdWords account once you have entered your unique code and billing preferences.
    • If you chose the post-pay payment method the account activation fee will be deducted from the promotional credit before this is credited to your account.
    • If you chose the pre-pay payment method, you must make an initial minimum payment (from which the account activation fee will be deducted) to activate the account before the promotional credit can be credited to your account. You will be charged for any advertising charges that exceed the promotional credit, and you are solely responsible for the payment of any taxes incurred. If you do not wish to incur additional charges beyond the promotional credit then you should monitor your account and pause or delete your campaigns before or once this amount has been reached.
    • The promotional credit is non-transferable and may not be sold or bartered. If you indicate that your AdWords account should be subject to a different currency to the one in which your promotional credit has been awarded, then the actual amount of the promotional credit may be subject to foreign currency fluctuations. Offer may be changed or revoked at any time for any reason by Google Ireland Limited and/or any affiliated company offering the AdWords service in your country.
    • One promotional credit per customer.
    • Void where prohibited or restricted by law.

19. Microsoft adCenter terms and conditions

    This offer is made by Microsoft Corporation and is subject to the following terms and conditions:

    • This offer entitles new or existing customers of LCN.com ("you"/"customer") to a Coupon of $50, which may be exchanged for Microsoft adCenter services.
    • One Coupon per customer. Coupon is only valid for new Microsoft adCenter customers.
    • To redeem the Coupon you must set up a new Microsoft adCenter account at http://adcenter.microsoft.com using the unique promotional code provided to you in this offer.
    • Upon creating a Microsoft adCenter account, you will be required to pay an account activation fee (currently $7.25).
    • This offer is subject to ad approval, valid registration and acceptance of the Microsoft adCenter standard terms and conditions as in force from time to time.
    • The Coupon is non-transferable and may not be sold or bartered.
    • Coupon is valid for a period of 3 months from the date of activation of your adCenter account. On expiry or full redemption of the Coupon, you will be charged for any further advertising purchased via your account.
    • Microsoft and LCN.com reserve the right to withdraw this offer for any reason at any time.
    • Withdrawal of the offer will not invalidate the Coupon of customers who have already set up an account via the offer.

20. Charity hosting terms and conditions

    • These offers are available to registered UK charities only.
    • Domain name discounts are for new LCN customers only.
    • Hosting Discounts are available to new and existing customers.
    • Discounts on domain name transfer and registration costs are for a maximum combined term of two years.
    • In subsequent years, domain names will be renewed at the standard renewal rate.
    • LCN.COM reserves the right to end this offer or amend these terms and conditions at any time without the prior notice or consent of the Client.
    • Reasonable usage applies.

21. Promotion Code terms and conditions

    • Unless otherwise stated, promotion codes will apply to new purchases only.
    • Refunds of the discount value which would apply to the use of a promotion code cannot be offered to customers who do not use a promotion code when purchasing an applicable product during checkout.
    • Following the conclusion of the promotional offer, products will be charged at the standard renewal rate. Clients are advised that this current quoted price is subject to change.
    • Unless otherwise stated, promotion codes can be used multiple times per customer account.
    • Only one promotion codes can be used on any product basket within the checkout process.
    • LCN.com reserves the right to end Offers, extend Offers and or amend the terms and conditions of Offers at any time without the prior notice or consent of the Client.
    • Reasonable usage applies.

22. Unlimited Hosting Terms and Conditions.

    LCN.com provides users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in LCN.com's web pages describing the package of services purchased at the time of purchase. In some cases, LCN.com may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited.

    The “unlimited hosting” package allows you 'unlimited' server space for normal routine "non-file-distribution" web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of twenty-five (25) gigabytes per calendar month. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.

    LCN.com reserves the right to suspend, discontinue or delete the accounts of users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the user's plan. Users agree that such usage shall not exceed the amounts set by LCN.com for the services purchased and is additionally subject to normal usage guidelines established by LCN.com as in effect from time to time. These allotments are optimized and dedicated towards serving the content and user's active electronic mail services related solely to user's web hosting account(s) with LCN.com.

23. .CO Domains

    23.1. The following definitions shall apply in this clause 23:

    "Sunrise"
    This is the period commencing at 18:00:01 Universal Time Co-ordinated ("UTC") on the 26th April 2010 and ending at 17:59:59 on the 10th June 2010, where .co domain names are available to register by valid trademark holders as defined in the Sunrise Policy Document by the .co registry

    "Landrush"
    This is the period commencing at 18:00:01 UTC on the 21st June 2010 and ending at 15:59:59 UTC on the 16th July 2010, where .co domain names are available to register by the public with premium fee attached by the .co registry.

    "General Availability"
    General Availability will commence at 18:00:01 UTC on 20th July 2010. .co domain names will be available for public registration at the standard registration fee.

    23.2 Sunrise Orders are an application to purchase a Domain Name Service during the Sunrise period. The Customer acknowledges and agrees that if the application for .co Domain Name Services during the Sunrise period are unsuccessful LCN shall not refund Customer's original Fee.

    23.3. Landrush Orders are an application to purchase a Domain Name Service during the Landrush period. The Customer acknowledges and agrees that if the application for .co Domain Name Services during the Landrush period are unsuccessful LCN shall not refund Customer's original application Fee of £10.

    23.4 The Customer acknowledges and agrees that:

    23.4.1 Sunrise and Landrush applications will not be awarded on a first-come, first-served basis. In the event there are multiple valid applications for the same domain name, the Customer shall be entered into an auction to determine which applicant is awarded the domain name. The winner of the auction is the highest bidder;

    23.4.2 the auction process will be dealt with directly between the Customer and a third party appointed by the .co registry (see application auction guide), LCN will not be responsible for the auction process;

    23.4.3 if the Customer is successful at auction, the Customer will pay any applicable fees relating to the auction directly to the .co registry or other third party as instructed in addition to LCN's Fees for the requested Domain Name Service;

    23.4.4 when General Availability commences registrations are dealt with on a first come first served basis, as such LCN can not guarantee that LCN will secure the requested domain name(s) for General Availability Pre-Orders;

    23.4.5 LCN will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise or the Landrush periods, including, without limitation:

    (a) the ability or inability of a registrant to obtain a requested domain name during these periods, and

    (b) the results of any dispute over a Sunrise registration;

    23.4.6 they will be bound by the Polices and Procedures of the .co registry, available at http://www.cointernet.co/domain/policies-procedures

24. Servers

    24.1 All Material which the Customer wishes to post on a Server will be in a condition which shall be server-ready and which requires no additional manipulation on the part of LCN.

    24.2 The Customer recognises that using LCN's Server service requires a certain level of knowledge on Customer's part in the use of Internet languages, protocols and software. The following examples are offered:

    24.2.1 Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTP, graphics, sound, text, image mapping etc.

    24.2.2 CGI scripts: requires a knowledge of the UNIX environment, Telnet, TAR and GUNZIP commands, Perl, Bash Shell, permissions etc.

    24.3 The Customer warrants that it has the necessary knowledge referred to in Clause 24.2 above and acknowledges that it is not the responsibility of LCN to provide such knowledge or to provide the customer support, and that any assistance that may be given is offered purely on a goodwill basis unless otherwise agreed in writing with LCN

    24.4 The Customer acknowledges and accepts that it bears sole responsibility, legal and otherwise, for the content of all Material appearing on its Server. For the avoidance of doubt, this clause shall apply to all Material, whether posted on the Customer's Server and/or Website by or on behalf of Customer (whether by LCN or a third party).

    24.5 Customer warrants, represents and undertakes in relation to all Material that:

    24.5.1 it is not Inappropriate Material;

    24.5.2 Customer either has sole ownership of all Intellectual Property Rights in such Material in each jurisdiction from which the Server and/or Website may be accessed and/or has obtained full and effective licence(s) from all relevant third parties allowing Customer or a third party acting on behalf of Customer to use the Material and to permit its dissemination worldwide.

    24.6 Customer undertakes not to link to any Inappropriate Material from its Website.

    24.7 LCN shall retain the right at all times to refuse access and to suspend availability of the Server, place a prominent notice in its place where an allegation of defamation or Intellectual Property Right infringement is made by a third party. The Customer undertakes to remove any Material already appearing on the Website which in the opinion of LCN may under the laws of any jurisdiction from which it is possible to access the relevant Website:

    24.7.1 constitutes or would if posted constitute Inappropriate Material;

    24.7.2 breaches or would if posted breach Relevant Legislation or any other applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);

    24.7.3 harms or would if posted harm the reputation of LCN in any way.

    24.8 LCN's rights to suspend availability of the Customer's Server and/or remove content under Clause 24.7 above shall be without prejudice to Customer's sole responsibility for content of the Server under Clause 24.5 and to the warranties given by the Customer relating to that content in Clause 24.6

    24.9 Posting of Material by LCN on the Server shall not under any circumstances constitute a waiver of any of its rights in relation to such Material or of its rights in relation to any breach of Customer's obligations under this Agreement.

    24.10 The Customer undertakes not to embark on any course of action, whether by use of its Server or any other means, which may cause a disproportionate level of Network activity without providing at least seven day's prior notice in writing to LCN.

    24.11 The Customer undertakes not to utilise excessive amounts of bandwidth (for example by connecting for an excessive amount of time, repeatedly engaging site-local scripts or similar behaviour) , such limits to be determined solely by LCN, when using the Server Service;

    24.12 If the Server Service has a per month data transfer limit. If the Customer exceeds this limit they will be charged for the additional data transfer accrued. LCN will endeavour to let the Customer know if its data transfer use exceeds the agreed level, however it is the Customer's responsibility to monitor the data transfer being used by it from time to time using the Server Service control panel.

25. Acceptable Use Policy (AUP)

    25.1 This policy contains guidelines on how the Customer shall use the Service. These guidelines give the Customer clear expectation as to what constitutes fair and reasonable account usage. The Customer acknowledges that it is bound by these guidelines as a user of the Service, in order that LCN can operate a reliable Service for all of our customers.

    25.2 The purposes of the AUP include:

    25.2.1 To guarantee reliable service to our clients

    25.2.2 To guarantee the security and privacy of both our systems and network and third-party systems and networks.

    25.2.3 To satisfy statutory requirements

    25.2.4 To uphold our reputation as a responsible service provider

    25.2.5 To promote the responsible use of the Internet, and to discourage any activities that reduce the value and usefulness of Internet services

    25.2.6 To ensure the privacy and security of individual users

    25.3 Conduct that violates law, regulation or the accepted norms of the Internet community (see clause 25.4), whether or not expressly mentioned in this policy, is prohibited. LCN reserves the right at all times to prohibit such activities including but not limited to instant termination of the Service without a refund.

    25.4 The following activities such as but not limited to infringe the LCN AUP:

    25.4.1 Fraudulent activities

    25.4.2 Phishing

    25.4.3 Unsolicited bulk e-mail (SPAM)

    25.4.4 E-mail or news bombing

    25.4.5 Usenet spamming

    25.4.6 Unauthorised access to third party accounts

    25.4.7 Network disruptions and other hostile activities e.g. DoS and DdoS

    25.4.8 Dissemination of computer viruses

    25.5 Any decision made by LCN in relation to this Service shall be final.

    25.6 LCN reserve the right to employ traffic shaping techniques on high usage customers and non-time-sensitive applications such as but not limited to Peer-to-Peer (P2P) file sharing.

    25.7 If the data transfer usage of the Service by the Customer is continuously and adversely affecting LCN's network and the Service to other customers. LCN reserve the right (at its sole discretion) to:

    25.4.1 disable the Customer's Service, without prior notice, until it can reduce its data-transfer usage; or

    25.4.2 charge the Customer for excess data-transfer at the rate published by LCN in this Agreement from time to time;

    25.4.3 terminate the Customer's Service on 30 days written notice.

    The Customer should give LCN at least 48hrs notice of any resource intensive activities they wish to perform, so that adequate provisions can be made.

This Agreement does not affect your statutory rights.