1. SERVICES TERMS AND CONDITIONS

    1. What these terms cover. These are the terms and conditions on which we supply services to you.
    2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
    3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
      • You are an individual.
      • You are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
    4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US

    1. Who we are. We are LCN.com Limited a company registered in England and Wales. Our company registration number is 03877731 and our registered office is at Unit H, Gateway 1000, Whittle Way, Arlington Business Park, Stevenage, Hertfordshire SG1 2FP. Our registered VAT number is 865 6531 94.
    2. How to contact us. You can contact us by telephoning or writing to our customer service team using the details listed on our contact page.
    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address to the then current contact details specified in your default account or to the contact details you provided to us in your order.
    4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
  3. OUR CONTRACT WITH YOU

    1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the service. This might be, for example, because of unexpected limits on our resources which we could not reasonably plan for, we deem the order to be fraudulent, a technical issue results in the need for the order to be cancelled, an order is made by anyone who is not eligible to make such an order as stated by a specific offer/product terms and conditions (i.e. offers which are only applicable to residents of specific countries), because we have identified an error in the price or description of the service or because we are unable to meet a delivery deadline you have specified.
    3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
  4. OUR SERVICES

    1. Schedule 1 sets out additional terms and conditions that are relevant to our services. Such terms and conditions are hereby incorporated by reference.
    2. If there is an inconsistency between any of the provisions of the main body of this agreement and the provisions of Schedule 1, the provisions of the main body of this agreement shall prevail unless specifically stated otherwise in Schedule 1.
    3. Our domain name registration services are separate and distinct from any of our other services (including any services which are linked to the relevant domain name such as our domain name renewal services). Our domain name registration services will be completed once we have notified you that: (i) the relevant domain name has been registered or (ii) the relevant domain name cannot be registered.
  5. YOUR RIGHTS TO MAKE CHANGES

    If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  6. OUR RIGHTS TO MAKE CHANGES

    1. Minor changes to the services. We may change the service:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements, for example to address a security threat.
    2. More significant changes to the services and these terms. In addition, we may make more significant changes to these terms or the service, but if we do so we will notify you and, if those changes materially adversely affect your use of the service, you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
  7. PROVIDING THE SERVICES

    1. When we will provide the services. During the order process we will let you know when we will provide the services to you. If the services are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
    2. We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
    3. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you. If so, we may contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply). We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    4. Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service:
      1. to deal with technical problems or make minor technical changes;
      2. to update the service to reflect changes in relevant laws and regulatory requirements and domain registry requirements and ICANN policies and requirements;
      3. where you are in breach of these terms and conditions or our Acceptable Use Policy;
      4. to make changes to the service as requested by you or notified by us to you (see clause 6).
    5. Your rights if we suspend the supply of services. Where possible, we will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. If we have to suspend the service, in some circumstances you may have a right to claim a refund; contact us for further information.
    6. We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 13.4), we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you validly dispute the unpaid invoice (see clause 13.8). We will not charge you for the services during the period for which they are suspended.
  8. YOUR RIGHTS TO END THE CONTRACT

    1. Ending your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
      1. If the service is defective or misdescribed you may have a legal right to end the contract (or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
      3. If you are a consumer and have just changed your mind about the service, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
    2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
      1. we have told you about an upcoming change to the service or these terms which you do not agree to (see clause 6.2);
      2. we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the services may be significantly delayed because of events outside our control;
      4. we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 weeks; or
      5. you have a legal right to end the contract because of something we have done wrong.
    3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    4. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of services, once these have been completed, even if the cancellation period is still running;
    5. How long do consumers have to change their minds? As you have bought services, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
  9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      1. Phone or email. Call or email customer services using the details listed on our contact page. Once account ownership has been verified please provide your name, home address, details of the order and, where available, your phone number and email address.
      2. Online. Using the Account Control Panel section of our website where applicable.
      3. By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
    2. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.
    3. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
    4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
  10. OUR RIGHTS TO END THE CONTRACT

    1. We may end the contract if you break it. We may end the contract for a service at any time by writing to you if:
      1. you do not make any payment to us when it is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
      3. you are in breach of these terms and conditions or our Acceptable Use Policy.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking of the contract (this may include any charges we incur investigating the cause of a problem where it turns out to be your fault).
    3. We may withdraw the service. We may write to you to let you know that we are going to stop providing the service. We will let you know at least 1 month in advance of our stopping the supply of the service and will refund any sums you have paid in advance for services which will not be provided.
  11. IF THERE IS A PROBLEM WITH THE SERVICE

    How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can telephone or write to our customer service team using the details listed on our contact page.

  12. YOUR RIGHTS IN RESPECT OF DEFECTIVE SERVICES IF YOU ARE A CONSUMER

    1. If you are a consumer we are under a legal duty to supply services that are in conformity with this contract and you are entitled under the Consumer Rights Act 2015 to ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
  13. PRICE AND PAYMENT

    1. Where to find the price for the service. The price of the service (which does not include VAT) will be the price indicated on the order pages when you placed your order. The price for any (i) auto renewals is provided as set out in clause 13.5 and (ii) periodic subscription payments is provided as set out in clause 13.6. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the service you order
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid after deducting from any refund an amount for the supply of the service for the period for which it was supplied.
    4. When you must pay and how you must pay. We accept payment with Visa, MasterCard, MasterCard Debit Card, Visa Delta, Maestro, JCB and Electron. When you must pay depends on what service you are buying:
      1. For one-off services, you must make an advance payment of 100% of the price of the services, before we start providing them; and
      2. For ongoing services, we will invoice you periodically (depending on payment option choice) in advance for the services until the services are completed.
      An invoice will be generated automatically on payment and sent to you.
    5. Auto-renewals. We operate a default auto-renew policy on all of our services purchased on a billing cycle of a year or longer designed to ensure continuity of service. You can opt out from auto-renew and manage your auto-renew settings via the "Account Control Panel". All services automatically renewed shall be for the same period as their initial or renewal term. These periods are configurable for most services in the Account Control Panel. If you have auto-renew activated for services, you will be sent notification of auto-renewal 23 days prior to service expiry by email to the then current email address specified in your default account. Such notification will set out an indicative new price for the service (the actual price will be as set out on our pricing page at the date payment is taken) and your option to opt out from auto renewal. We shall charge the credit or debit cards held in your account for auto-renew 21 days prior to the service expiry. In the event the payment fails, we will notify you via email to the then current email address specified in your default account. It will be your responsibility to make alternative payment arrangements for the renewal of services. It is your responsibility to ensure that you have valid up-to-date credit or debit card details assigned to your account to use the auto-renew facility. You agree that you are solely responsible for ensuring that the services are renewed and we shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure in the renewal process.
    6. Subscriptions. For services purchased on a monthly or quarterly billing cycle, we will bill you periodically and automatically based on the period selected when your initial order was placed. We shall charge the credit or debit cards held in your account 3 days prior to the expiry of the billing period selected when your initial order for the services was placed (the actual price will be as set out on our pricing page at the date payment is taken). We will notify you of any increase in your periodic subscription payments before such take effect together with your option to cancel your contract for the services and, following such a price increase, you will have the right to cancel your contract and claim a refund for such payment for up to 7 days following the start of the relevant billing period. In the event the payment fails, we will notify you via email to the then current email address specified in your default account. It will be your responsibility to make alternative payment arrangements for the continuation of the services. It is your responsibility to ensure that you have valid up-to-date credit or debit card details assigned to your account to avoid any disruption to your services. You agree that you are solely responsible for ensuring that the services are paid for and we shall have no liability to you or any third party in connection with services that are suspended for non-payment, including, but not limited to, any failure in the subscription payment process.
    7. No right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    8. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
  14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
    3. We are not liable for business losses. If you are a consumer we only supply the services to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
  15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

    1. Nothing in these terms shall limit or exclude our liability for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      2. fraud or fraudulent misrepresentation;
      3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    2. Subject to clause 15.1:
      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of (i) £100 and (ii) one hundred per cent (100%) of the total sums paid by you for services under such contract in the 12 months prior to such liability arising.
  16. HOW WE MAY USE YOUR PERSONAL INFORMATION

    1. How we will use your personal information. We will use the personal information you provide to us:
      1. to supply the services to you;
      2. to process your payment for the services;
      3. if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us; and
      4. as otherwise set out in our Privacy Policy.
    2. We will only give your personal information to third parties where the law either requires or allows us to do so or in the circumstances described in our Privacy Policy.
  17. DATA PROCESSING

    1. If we processes any personal data (including any sensitive personal data and special categories of personal data) on your behalf when performing our obligations or any services under this agreement, we both record our intention that you shall be the data controller and we shall be a data processor and in any such case:
      1. we both acknowledge and agree that we shall both comply with our obligations under the applicable data protection laws and regulations;
      2. you acknowledge and agree that the personal data may be transferred or stored outside the EEA or the country where you are located in order to carry out our obligations under this agreement (including but not limited to transfers and access provision given to our third party affiliates and subcontractors outside of the EEA);
      3. we may authorise any third party (subcontractor) to process the personal data;
      4. you shall ensure that you are entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with this agreement on your behalf;
      5. you shall ensure that the relevant third parties / data subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
      6. we shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by you from time to time;
      7. you acknowledge that we are reliant on you for direction as to the extent to which we are entitled to use and process the personal data. Consequently, we will not be liable for any claim brought by a data subject arising from any action or omission by us, to the extent that such action or omission resulted from your instructions; and
      8. we both shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
    2. Following the coming into force of the General Data Protection Regulation ("GDPR") the following provisions will also apply (and in the event of any conflict between the provisions of clause 17.1 and this clause 17.2, this clause 17.2 shall control):
      1. we both acknowledge and agree that we both will comply with our obligations under the GDPR;
      2. we shall:
        1. process the personal data only on documented instructions from you, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which we are subject; in such a case, we shall inform you of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
        2. ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
        3. take all measures required pursuant to Article 32 of the GDPR (Security of processing) including by taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk;
        4. respect the conditions referred to in paragraphs 2 and 4 of Article 28 of the GDPR for engaging another processor including that (i) we shall not engage another processor without prior specific or general written authorisation of you. In the case of general written authorisation, we shall inform you of any intended changes concerning the addition or replacement of other processors, thereby giving you the opportunity to object to such changes and (ii) where we engage another processor for carrying out specific processing activities on behalf of you, the same data protection obligations as set out in this agreement or other legal act between you and us shall be imposed on that other processor by way of a contract or other legal act under Union or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the GDPR and where that other processor fails to fulfil its data protection obligations, we shall remain fully liable to you for the performance of that other processor's obligations;
        5. taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR;
        6. assist you in ensuring compliance with the obligations pursuant to Articles 32 (Security of processing), 33 (Notification of a personal data breach to the supervisory authority), 34 (Communication of a personal data breach to the data subject), 35 (Data protection impact assessment) and 36 (Prior consultation) of the GDPR taking into account the nature of processing and the information available to us;
        7. at your choice, delete or return all the personal data to you after the end of the provision of services relating to processing, and delete existing copies unless Union or Member State law requires storage of the personal data;
        8. make available to you all information necessary to demonstrate compliance with the obligations laid down in this clause 17.2(b) and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you;
        9. maintain a record of all categories of processing activities carried out on behalf of you, containing: (a) the name and contact details of the processor or processors and of you on behalf of who we are acting, and, where applicable, of you or our representative, and the data protection officer; (b) the categories of processing carried out on behalf of you; (c) where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and, in the case of transfers referred to in the second subparagraph of Article 49(1) of the GDPR, the documentation of suitable safeguards; (d) where possible, a general description of the technical and organisational security measures referred to in Article 32(1) (Security of processing).
    3. You agree to indemnify and keep indemnified and defend at your own expense us against all costs, claims, damages or expenses (including any regulatory fines) we incur or for which we may become liable due to any failure by you or your employees or agents to comply with any of your obligations under clauses 17.1 and 17.2.
  18. OTHER IMPORTANT TERMS

    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
    7. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform
    8. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim

SCHEDULE 1

SERVICE SPECIFIC TERMS

  1. INTERPRETATION

    1. Definitions
      Account Control Panel
      means the collection of web pages available on our website at https://www.lcn.com/my_account to allow you to administrate our services.
      AUP
      means our Acceptable Use Policy.
      Contact Information
      means the following details about an individual or organisation:
      • Your name
      • Postal address
      • Telephone number(s)
      • Email address.
      Contacts
      means individuals or organisations identified by their Contact Information as we have stored.
      Data Material
      means distinct pieces of machine readable information which can be in the form of images, text (on websites and email), software, collection of software codes and scripts, and any other machine readable information used in connection with the services by you or as supplied by us.
      Domain Privacy Protector
      means service that protects your Contact Information being displayed in the publicly accessible WHOIS.
      Fees
      means the fees (including any VAT) due for the provision of the services as calculated in accordance with the price list as available on our website.
      Inappropriate Material
      means material that is in breach of our AUP or 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
      means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. Netiquette: means generally accepted standards for use of the internet such as but not limited to not sending bulk unsolicited Email, spamvertising, mail bombing, misrepresenting the holding of third party authorisation and impersonating another person.
      Offers
      means discounts and/or promotions that apply to services we offer that may affect the Fees and/or the features for the service.
      Server
      means the computer server equipment we operate in connection with the provision of the services.
      UDRP
      means the Uniform Domain-Name Dispute-Resolution Policy.
      WHOIS
      means a publicly accessible database that stores the registered assignees of domain names.
      WHOIS Information
      means Contact Information that is displayed in the publicly accessible WHOIS.
  2. ALL SERVICES

    1. You agree that you will:
      1. ensure that all your communication details which are provided to us are at all times true, current, accurate and complete and you shall promptly notify us of any such alterations thereto from time to time and you acknowledge that we shall not be liable for any costs, damages or loss which you may suffer or incur as a result of failure to notify such changes to us;
      2. ensure that you have all necessary consents, permissions and licences to make use of the services including without limit registration under the Data Protection Act 1998 and any applicable licence requirements under the Communications Act 2003;
      3. immediately notify us if you become aware of any unauthorised use of all or any of the services;
      4. 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 your country or any other place where the results of such purpose or such material can be accessed;
      5. not use the services or allow them to be used for the publication, linking to, issue or display of any material which in our absolute discretion may harm us or any of our customers or bring us into disrepute or may call into question any action we take on your behalf;
      6. not use the services or allow them to be used in breach of good Netiquette practices or use any service provided by any third party (including without limit a website and/or email) for the publication, linking to, issue or display of any material which refers to a website we host or any other services we offer from time to time;
      7. ensure that all material on any website operated by you from time to time or communicated through such site is checked for viruses and other harmful code;
      8. ensure that all passwords are at all times kept confidential, used properly and not disclosed to unauthorised people and if you have 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 you shall inform us immediately;
      9. be entirely liable for all activities conducted and charges incurred under its passwords whether authorised by you or not and you acknowledge that we shall not be liable for any loss of confidentiality or for any damages arising from you to comply with these conditions;
      10. not use the services in a manner which infringes a third party's copyright or other Intellectual Property Rights of whatsoever nature;
      11. not use the services in any way that leads to a risk of or causes an excessive load on the server/network we provide in connection with the services;
      12. comply fully with our Acceptable Use Policy;
      13. be responsible for keeping a frequent and secure offsite back-up copy of all your Data Material used with all services, in addition to any back-up services we provide;
      14. allow us access to your Data Material to check for any infringements of your obligations under this agreement, and, when the situation necessitates, to remove or disable any such infringements from time to time;
    2. You acknowledge and accept that to enable us to properly provide the services you must co-operate with us as we require.
    3. You acknowledge that in order to make proper use of the services you should have a basic knowledge of how the internet functions and what types of use are and are not acceptable. You acknowledge that we shall have no obligation to:
      1. manipulate any material which you wish to and/or do post on any website you operate or any communication which you issue or send in connection with any of the services;
      2. validate or vet such material for usability, legality, content or correctness.
    4. You authorise the storing of your credit or debit card details by us for use in subsequent orders.
    5. You accept and acknowledge that we will provide your data to third parties where we have an obligation to do so in order to provide the service and/or for the purpose of gathering feedback to help improve the service and to analyse usage trends as further set out in our Privacy Policy and Cookie Policy.
  3. DOMAIN NAME SERVICES

    1. For all UK domain name registrations (me.uk, org.uk, uk, co.uk) you are entering into an agreement with Nominet UK, who administer the .uk namespace. Their terms and conditions can be found at https://www.nominet.uk/resources/policy/policies-rules/.
    2. For .EU domain name registrations you are entering into an agreement with EURid, who administer the .eu namespace. Their terms and conditions can be found at https://eurid.eu/media/filer_public/f4/36/f4366fa9-186a-4674-9887-e525983c1c0b/terms_and_conditions_en.pdf and https://eurid.eu/en/about-us/document-repository/.
    3. For .COM, .NET, .ORG, .INFO, .ME, .MOBI, .BIZ, .TEL domain name registrations you are entering into an agreement with us, a registrar accredited by the Internet Cooperation for Assigned Names and Numbers ("ICANN") to directly register global domain names. View our registration service terms and conditions.
    4. For .UK.COM domain name registrations you are entering into an agreement with CentralNic. View their terms and conditions https://www.centralnic.com/support/terms/domains.
    5. For all other domain name registrations you are entering into an agreement with Tucows Domains Inc. ("Tucows"). Their terms and conditions can be found at https://opensrs.com/wp-content/uploads/Tucows_ExhibitA.html.
    6. For all gTLD domain names view your Registrant Rights and Responsibilities as defined by ICANN.
    Domain name registration and renewal
    1. We make 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 us on your behalf.
    2. You recognise and accept that we reserve the right to reject any request by you to register any particular domain name or to discontinue processing such a request if we consider such application might expose us to legal or other proceedings.
    3. The extent of our service in relation to the registration of domain names is:
      1. to forward your application to the appropriate registry;
      2. to provide administrative support in securing the registration;
      3. to notify you of the outcome of the application.
    4. You warrant to us that:
      1. all information you provide to us is true and correct, and that any additions or alterations thereto in the future will also be true and correct;
      2. you have the legal right to apply for and use the domain name(s) as a website and/or email address; and
      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.
    5. You acknowledge 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 you agree to abide by all such rules and policies. Accordingly, you undertake 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 us by fax or post on request).
    6. We will notify you as soon as is reasonably possible after the registration of a domain name has been effected and you shall be responsible for visiting our website on receipt of such notification in order to verify that the domain name has been registered correctly and for notifying us immediately if there is any error.
    7. You are advised not to take any action in respect of a requested domain name until you have carried out your obligations under Clause 3.11 above and satisfied yourself that such domain name has been correctly registered.
    8. For the avoidance of doubt and in addition to the provisions of Clause 3.12 above, in no circumstances will we be liable to you for any loss of profit, business or anticipated savings suffered by you on account of a failure to obtain or loss of a domain name;
    9. If your application for a particular domain name is rejected, we will return to you any Fees received in respect of that application.
    10. You agree and acknowledge that we will make registration information provided by you in relation to the requested domain, as stated in the order, available to ICANN, Nominet or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority.
    11. You further acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided, for purposes of inspection (such as through the WHOIS service) or other purposes as required or permitted by ICANN, Nominet and applicable law.
    12. You consent to any and all such disclosures as stated in Clauses 3.16 and 3.17 above, whether during or after the term of registration of the requested domain. You irrevocably waive any and all claims and causes of action arising from such disclosure or use of the domain name registration information by us.
    13. The relevant domain name registry will include the names of you 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. For .EU domain names changes to this data once it has been entered into the EURid registry will incur an administration fee.
    Domain transfer
    1. Where the transfer of any domain name has to be effected by your new provider, then, subject to your compliance with the terms of this agreement, we will co-operate with the new provider to allow the transfer to take place. The costs of the transferring a domain in/out of LCN.com can be found at Domain Pricing.
    2. We will not transfer a domain name until all Fees attributable to the domain name services which are due have been paid by you to us.
    3. On receipt of a transfer request, we will use our reasonable endeavours to process the transfer request, but will not be responsible for any delay in effecting such transfer due to acts or omissions of your current provider or new provider (as applicable) or the registry/registrar.
    4. When requesting the transfer of a gTLD domain name to us, you acknowledge that:
      1. The domain name has been unlocked (if applicable) and the current provider is aware of, and willing to approve, the outbound transfer.
      2. Submission of a domain name transfer request to us does not guarantee that the transfer will be successful.
      3. Until such time as you receive a transfer completion notice issued by us, management of the domain name(s) being transferred remains your sole responsibility. This includes meeting renewal deadlines and paying any amounts owed to the existing provider.
      4. If, after 28 days, we have been unable to transfer the domain name, the transfer will be deemed to have failed. Any applicable transfer Fee will be refunded. You will need to re-raise the transfer for it to continue.
    5. You acknowledge that all inbound and outbound transfers of gTLDs are subject to the transfer policies set out by ICANN which can be found here: http://www.icann.org/en/transfers.
    6. For the avoidance of doubt, any free services that we have provided to you in relation to your domain name (e.g. web and email forwarding, domain parking, DNS) will come to an end once any such transfer has been completed.
    Concierge service
    1. By using our concierge service, you agree to allow us to act as your agent to facilitate the transfer of domain names on your behalf. This includes but is not limited to:
      1. Unlocking domain names;
      2. Changing domain Internet Provider Security ("IPS") tags for UK domains;
      3. Obtaining transfer authorisation codes ("EPP") for non UK domains, i.e. COM, NET, ORG, BIZ, INFO;
      4. Confirming and authorising transfers with third parties;
      5. Disabling domain privacy – this will be re-enabled, free of charge, once the transfer to us is complete;
      6. Creating an account with us for new customers;
      7. Initiating transfers via our system.
    2. As part of this service, you may be required to provide login details for third party services. We agree to use personal data in accordance to our Privacy Policy.
    3. You agree to (whereby you agree that your failure to perform these responsibilities shall be deemed a material breach of this agreement):
      1. Granting us the necessary rights to third party accounts as needed for us to carry out the services under this agreement.
      2. Reset any login information provided to us once the domain transfers are complete.
      3. Contacting us with notice of your decision to cancel or discontinue the services. If no such notification is given to us by you, we will assume you are satisfied with and accept all services.
    4. We will endeavour to consolidate the domains in a timely fashion and without interruption or incidents. You understand that depending on the complexity of the registry requirements of the domains to be consolidated, there is no guaranteed timeframe in which the consolidation will be finalised.
    5. We do not accept responsibility for any issues with third party systems for the duration of this service.
    6. You acknowledge that we shall not be liable for any damages arising from the activities we conduct in third party accounts.
    Domain privacy
    1. If you order Domain Privacy Protector this service will also be subject to the terms set out at: http://www.domainprivacyprotector.com and you 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.
    2. You agree and understand that the registrant and Contact Information that is provided for the purpose of domain name registration will be kept on file. You further agree and warrant that you will ensure that the Contact Information is true, accurate and up to date.
    3. You will retain complete control over the domain name and its registration records and may suspend Domain Privacy Protector at your discretion through the Account Control Panel.
    4. 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.
    5. You agree and understand that the Domain Privacy Protector must be disabled in order to initiate an outbound transfer and that registrant and Contact Information that was masked by Domain Privacy Protector will become publicly accessible via the WHOIS service.
    6. Renewal and transfer related messages will be sent to the Contacts as defined in the Contact Information designated by you at the initial order and/or subsequently updated in the Account Control Panel.
    7. Communications received with respect to a particular domain name registration will be handled as follows:
      1. We will forward to you all correspondence received by registered mail or traceable courier. This information may be opened, scanned and emailed to you. Regular postal mail will be discarded or returned to sender at our discretion.
      2. Email correspondence will be forwarded according to the registrant contact specified by you 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 website 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.
    8. We shall have the right, at our sole discretion and without liability to you or any of your Contacts, to suspend or cancel your domain name and to reveal registrant and Contact Information in the public WHOIS database 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. we believe that you or one of your Contacts is using Domain Privacy Protector to conceal involvement with activities in breach of our AUP;
      6. transmit any material in breach of our AUP or SPAM.
    9. You agree and understand 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.
    10. You agree that the term of Domain Privacy Protector product will run in conjunction with the term of any requested domain that you wish to register or any pre-existing domain that you wish to renew.
    Domain parking
    1. You agree and acknowledge that domain names parked on our system which are not using the free web forwarding service will display one of our holding pages and that said page may incorporate content advertising us or third parties from time to time. You may disable the domain parking page in the Account Control Panel.
    Domain dispute resolution
    1. Your use of a 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 your application for a domain name or the registration of a domain name allocated to you to a third party and we will have no responsibility or involvement in relation thereto.
    2. You acknowledge that, should any disputes arise out of the registration of any domain name(s), we are acting under instruction by you and therefore you shall resolve any disputes in accordance with the respective naming authority's dispute resolution policies which include the following:
      1. .UK domains - http://www.nominet.org.uk/disputes
      2. gTLDs - http://www.icann.org/en/udrp/udrp.htm
      3. .EU - http://eu.adr.eu/
      4. .UK.COM - https://www.centralnic.com/support/dispute
  4. HOSTING

    Web hosting & web forwarding
    1. A description of the web hosting services we offer can be found on our website.
    2. You acknowledge that you have appropriate knowledge of how the internet functions, the systems and services provided to you.
    3. You acknowledge that you have appropriate knowledge and what types of use and content are and are not acceptable, some of which are referred to in Clause 4.2 above and the AUP. You acknowledge that we shall have no obligation to:
      1. train you or your staff on your use of the services;
      2. manipulate any material which you wish to and/or do post on any website or other system you operate or any communication which you issue or send in connection with any services; or
      3. validate, vet or edit such material for content, correctness, legality or usability.
    4. You warrant that you have the necessary knowledge referred to in Clause 4.3 above and acknowledge that it is not our responsibility to provide such knowledge or to provide customer support unless otherwise agreed in writing with us.
    5. You acknowledge and accept that you bear sole responsibility, legal and otherwise, for the content of all material appearing on your website ("Material"). For the avoidance of doubt, this clause shall apply to all material, whether posted on your website by or on your behalf (whether by us or a third party).
    6. You undertake not to link to any Inappropriate Material from your website.
    7. You agree and understand that you are responsible for ensuring that the bandwidth or data transfer for a service does not exceed the allowances set as part of your order or in the AUP.
    8. If your bandwidth either exceeds the allowance set as part of your service or reaches the point where it has an adverse effect on other customers we reserve the right to:
      1. disable your site, without prior notice, until you can reduce your bandwidth usage; or
      2. charge you for excess bandwidth usage, over and above the service allowance, as we publish from time to time.
    9. You either have sole ownership of all Intellectual Property Rights in such Material in each jurisdiction from which the website may be accessed and/or have obtained full and effective licence(s) from all relevant third parties allowing you or a third party acting on your behalf to use the Material and to permit its dissemination worldwide.
    10. We shall retain the right at all times to refuse to post any material and to suspend availability of the services, 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 our opinion may under the laws of any jurisdiction from which it is possible to access the relevant website:
      1. constitutes or would if posted constitute Inappropriate Material;
      2. breaches or would if posted breach applicable legislation or any other applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory); and/or
      3. harms or would if posted harm our reputation in any way.
    Website migration service
    1. By using our website migration service, you agree to allow us to act as your agent to facilitate the transfer of website files and databases on your behalf. This includes but is not limited to:
      1. Carrying out an initial assessment of the website to determine if it can be support on our hosting platform
      2. Accessing third party systems to retrieve website files and databases
      3. Creating a backup copy of any files for disaster recovery purposes
      4. Carrying out virus / malware scans on website files
      5. Creating databases and FTP accounts within your LCN account
    2. We will only migrate websites free of vulnerabilities, viruses or other compromised content.
    3. As part of this service, you may be required to provide login details for third party services. We agree to use personal data in accordance to our Privacy Policy.
    4. You agree to (whereby you agree that your failure to perform these responsibilities shall be deemed a material breach of this agreement):
      1. Granting us the necessary rights to third party accounts as needed for us to carry out the services under this agreement.
      2. Reset any login information provided to us once the migration is complete.
      3. Contacting us with notice of your decision to cancel or discontinue the services. If no such notification is given to us by you, we will assume you are satisfied with and accept all services.
    5. We will endeavour to complete website migrations in a timely fashion and without interruption or incidents. You understand that depending on the complexity of the migration, there is no guaranteed timeframe in which the consolidation will be finalised.
    6. We do not accept responsibility for any issues with third party systems for the duration of this service.
    7. You acknowledge that we shall not be liable for any damages arising from the activities we conduct in third party accounts.
    Email hosting & email forwarding
    1. You undertake that you will not (and will ensure that others under your control will not) via email:
      1. transmit Inappropriate Material;
      2. infringe our AUP;
      3. forge mail headers or any other information;
      4. harass, whether through language, frequency, or size of messages.
    2. When sending email, you acknowledge that you are responsible for complying with any applicable legislation.
    3. You acknowledge that we are not responsible for the security of the contents of email sent or received by you.
    4. We will use our reasonable endeavours to ensure that messages are routed accurately and promptly but do not accept any liability for non-receipt, non-delivery or misrouting of email or any other failure of the email system.
    5. Where we provide anti-virus and anti-spam services for incoming email, you acknowledge that we will endeavour to remove all viruses and spam, however we make no warranty that all viruses and spam will be caught. We accept no liability in the event that a virus or spam message reaches and/or reaches your computer.
    6. Our policy is to respect the privacy of email messages sent, received, forwarded or otherwise dealt with by us and you acknowledge that we 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 our rights and/or position.
  5. SERVERS

    1. The following conditions shall apply to all Server hardware:
      1. We will be the owner of the Server;
      2. The Server shall be installed and operated in a data centre by us. You will have no right of physical access to the Server or the data centre;
      3. We shall have no liability for any loss or damage to any data stored on the Server;
      4. Should we become aware of a Server fault, we will at our option repair the Server or provide an equivalent Server as a replacement as soon as practicably possible;
      5. Any replacement Server will be provided in the default configuration as the Server was originally supplied. We do not warrant that any data, content or settings present on the original Server will be transferred to the replacement.
    2. We may assign to the Server on a temporary basis a number of internet protocol addresses ("IP Addresses") from the address space we are assigned by Réseaux IP Européens ("RIPE"). You acknowledge that the IP Addresses are our sole property, and are assigned to you as part of the service, and you agree that you will have no right to IP Addresses upon termination of this agreement.
    3. We reserve the right to change the IP Address assignments at any time.
    4. With regards to all software provided with the Server ("Software") you agree that you will not:
      1. Copy the Software;
      2. Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software;
      3. Sell, lease, license, transfer or sublicense the Software or the documentation
    5. Any third party software is supplied to you on the basis of the relevant third party's license terms with which you agree to comply.
    6. You acknowledge that software in general is not error-free, and agree that the existence of such errors will not constitute a breach of this agreement.
    7. Regardless of whether you purchase a data backup product, we shall have no liability for any loss or damage to any data stored on the Server or backup mediums.
    8. We recommend that you make a backup of all data on the Server regardless of whether you have purchased a data backup product.
    9. Paragraph 4 shall apply to all Server services.
    Server Support Policy
    1. The Server is unmanaged, you are responsible for managing the Server and any software installed. Where the Server comes pre-installed with a control panel, our support staff will endeavour to assist with the following core control panel functions:
      1. Adding and managing control panel user accounts
      2. Adding domains and managing domains
      3. Domain name system ("DNS") and nameserver management
      4. Adding and uploading websites
      5. Adding and managing databases
      6. Adding and managing email addresses
      7. Installing SSL certificates
    2. The support and operations staff will manage and monitor the network and hardware for the Server. This is functionality outside your control, and we will resolve any problems with these as quickly as possible.
    Support of core services
    1. Where applicable we shall provide support for the following services if they become unavailable on your Server:
      1. Control Panel Web Server (i.e. needed to run c-Panel, Plesk, etc.)
      2. Remote access (SSH, Remote Desktop)
    Third party software
    1. Any software other than the core services and the software needed to run and manage the Server (e.g. c-Panel, Plesk) is considered third party. Any support required for software that falls outside of this should be directed to the product vendor. All software upgrades are your responsibility.
    Fault finding and correction
    1. We will support and correct any issues arising with the Server hardware and the underlying infrastructure but cannot offer assistance with the correction of software and application faults.
    Systems monitoring
    1. We do not monitor the services running on a Server. We will monitor the availability of our network and core systems. You will need to monitor specific services on the Server as appropriate, using the monitoring tools available via c-Panel or Plesk, or using your own solution.
    Manual changes by user
    1. The consequences of using SSH or other remote access to make manual changes to the system or configuration files are the sole responsibility of the user. Our support staff can assist with any Server hardware faults except where they are the result of manual changes.
    Security
    1. You will be responsible for ensuring that security updates are installed on your Server.
    Support process
    1. Support requests should be submitted via phone, email or live chat. Urgent issues e.g. system down, should always be reported via phone for the quickest response. Email requests will normally be responded to within 24hrs. See the contact page for phone and email contact details.
    Support requests
    1. Should be initiated by individuals who have the Server login credentials and the required knowledge to administer the Server.
    Expert engineer support
    1. If you or your business do not have the in-house skills or resources to manage certain aspects of your Server then our team of highly skilled engineers are on hand to help.
    2. Available: 09:00 - 17:00, Monday - Friday
    3. Charged at £100 per hour (minimum charge 1 hour)
    Online resources
    1. We constantly add to and improve our support section to help provide a comprehensive resource that you can access in your own time.
    2. Alternatively, the c-Panel and Plesk websites contain a number of guides and tutorials as well as useful community forums.
  6. REMOTE SERVICE TERMS & CONDITIONS

    1. You acknowledge and agree that you are granting us remote viewing access to your computer.
    2. In granting consent, you agree as follows:
    Remote support service
    1. Remote support is a service using LogMeIn Rescue software provided by LogMeIn UK Ltd enabling our support agents to remotely assist you with technical issues you may have with your LCN.com services. By using the services you agree you've read and accepted these terms and the LogMeIn Rescue License Agreement (available on request).
    Responsibilities
    1. We maintain reasonable technical safeguards to protect the security of your data in the course of providing the services. However, as a condition of your use of the services, you agree you're responsible for and have appropriate anti-virus software on your computer to avoid any loss, corruption or deletion of your data. It's your responsibility to back up the data, software, information and other files stored on your computer prior to permitting us access to your computer and/or device.
    2. Our ability to access your computer remotely is subject to the use and availability of appropriate network connections. We're not responsible if such service is affected by circumstances outside of our reasonable control. You agree to remain with your computer and device at all times whilst our support staff provide the services. If you intend to leave your computer and device during this time, please notify us and we'll end the services.
    3. To the extent permitted by applicable law, we exclude all representations, warranties, conditions and other terms not expressly stated in these terms, including any implied warranties or conditions as to non-infringement of third party rights and fitness for a particular purpose in relation to your use or our performance of the services and related software. We don't warrant that your use of the services will be uninterrupted, available at all times or risk-free. You agree that your use of the services is at your sole risk.
    Your information
    1. We may be required to reproduce and/or otherwise use data received from your computer and by using the services you agree that you grant us permission to do this. We will use your information to comply with our legal requirements and to manage the services.
    Amending and ending your use of the services
    1. We may vary, amend or withdraw the services at any time. If we amend these terms, any revision will be available on LCN.com. By continuing to use the services you'll be deemed to have accepted these terms and you should check the terms before use of remote support to ensure you've read the most current version. You may end your use of the services at any time.
    General
    1. The Intellectual Property Rights in the services belong to LCN.com. We grant you a limited, revocable license to use the services in accordance with these terms and the LogMeIn Rescue License Agreement. The services are for your personal non-commercial use only. If you're a consumer, these terms will not affect any rights which you may have under any law and which we can't exclude.
    Our details
    1. LCN.com, registered in England number 03877731 at Unit H Gateway 1000 Whittle Way, Arlington Business Park, Stevenage, Hertfordshire, SG1 2FP.
  7. BONUS FEATURES

    Google AdWords
    1. A single voucher is applicable on a per-account basis. Multiple AdWords vouchers are not offered upon purchase of multiple hosting packages.
    2. In order to activate this offer, you need to enter the promotional code through the Billing tab in your AdWords account.
    3. Promotional codes have no promotional value and entry of the promotional code serves only to begin your qualification for the associated promotional credit.
    4. To qualify for the promotional credit you must accrue advertising charges in the amount of £25 within 31 days of entering your promotional code. For example, if you enter the code on 1st Nov you'll have until 2nd December to accrue advertising charges in the amount of £25.
    5. Your account must be successfully billed by AdWords and remain in good standing in order to qualify for a promotional credit.
    6. The promotional credit will be applied within approximately 5 days of your account reaching the threshold for accrued advertising charges specified above, as long as you've activated your account using the promotional code and fulfilled all requirements stated in the offer. Once applied, the promotional credit will appear on the Billing summary page in your account.
    7. For the complete terms and conditions, see: http://www.google.co.uk/adwords/coupons/terms.html
    UKWDA
    1. The free virtual private server ("VPS") offer is limited to one per UK Web Design Association ("UKWDA") premium member
    2. Cannot be used in conjunction with any other offer
    3. A free domain portfolio consultation will be performed within 1 month of redeeming any VPS offer
    4. An LCN.com account is required
    5. The free .UK domain offer is limited to one per UKWDA premium member
    6. If your UKWDA membership type changes the applicable UKWDA related promotions will change to reflect your new membership type, this includes being charged for previously free services.
    7. If your UKWDA membership ceases then all UKWDA related promotions will be removed and any services already provided will revert to the standard pricing as shown on the LCN.com website. This includes being charged for previously free services.
    8. All the UKWDA Offers are only applicable to new services purchased after associating a UKWDA membership with an account with us.
    9. The UKWDA and we reserve the right to withdraw this Offer for any reason at any time.
  8. WEB DESIGN SERVICE

    1. By purchasing our web design package, the customer agrees to our Hosting terms of service (paragraph 4) unless otherwise specified.
    2. The customer agrees to complete a scope of work document in conjunction with us and acknowledge in writing that this is complete.
    3. Upon completion of the scope of work document, or 30 days following purchase (whichever is soonest), the setup fee for the service becomes non-refundable.
    4. It is the customer's responsibility to give clear instruction to us and all necessary information on the scope of work document. The customer must ensure that all the information is complete and accurate. This includes all content and information to be included in the web site.
    5. Work will only commence on the customer's site once all the required content (both text and images) has been received by us.
    6. The Customer agrees that they must own any original material provided or have the relevant lawful permissions and/or licensing to use the Material provided including but not limited to intellectual property or other laws.
    7. We reserve the right to refuse the use of any material provided by the Customer which is suspected or know to be infringing any intellectual property or other laws.
    8. The Customer agrees to fully indemnify us for any and all infringing content or material provided by the Customer.
    9. Any modifications required by the customer after the website has been launched must be made in writing for our approval before they will be processed.
    10. We shall not be held liable for any incidental or consequential damages which arise from the failure to perform any aspect of the project in a timely or acceptable manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of us or a third party.
    11. The customer acknowledges that given the nature of the service, we cannot guarantee uninterrupted or error free Services.
    12. The Customer accepts that we will have full control and physical access to the website throughout the lifetime of the service including any renewal Term.
    13. We will not accept any liability for any errors, technical errors or work performed by the customer on the site. Should the Customer require any work to correct such errors, these may be subject to a maintenance charge of £50 per hour.
    14. The proofreading service is intended to help Customers make small changes to content, re-wording or re-ordering sentences. We are under no obligation to make substantial changes or edits to any content.
    15. We are not obliged to consider any changes on updates which may exceed the maintenance time defined as part of the web design package.
    16. As part of the package the Customer is entitled to one free domain name. The domains extensions included in this offer are subject to availability and are at our discretion.
    17. All Material used by us is licensed for the purpose of the website only.
  9. INSTANT SITE SERVICE

    1. Paragraph 4 shall apply to all Instant Site Services.
    2. You acknowledge and agree that any stock imagery provided as part of the Service and used in your published web site is only sub-licensed to you whilst the Service is active.
    3. We shall not be held liable for any incidental or consequential damages which arise from the online web site editor component of the Service being unavailable, regardless of whether such failure was caused by intentional or negligent acts or omissions of us or a third party.
  10. SSL CERTIFICATES

    1. The SSL service will remain available to provision for the initial term (as set out in your order) or 12 months whichever is the shortest ("Provision Term"). We will use reasonable endeavours to notify you of any un-provisioned SSL services after initial order completion. Any un-provisioned SSL services at the end of the Provision Term will be removed. You acknowledge and accept that we have provided you with the ability and resources to provision the SSL service in good faith and that failure to utilise the SSL service within the Provision Term will not entitle you to a refund.

SCHEDULE 2

MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS

If you are a consumer, you may download our cancellation form, fill it out and send it back to us.