General Terms & Conditions

1. Web Hosting & Server use

SystemCore reserves the right to refuse service and/or access to its servers to anyone.
SystemCore does not allow any of the following content to be stored on its servers:

Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
Any material which is unlawful, threatening, abusive, malicious, defamatory, or otherwise objectionable.
Any material which contains a virus or other malicious computer code or program.
Any material which infringes any patent, trade mark, design right, copyright or any other intellectual property right of any person which may subsist under the laws of any jurisdiction.
Excessive download content or non-linked content.
Refusal of service based on content matching any of these criteria is entirely at the discretion of SystemCore.
SystemCore reserves the right to move your domain to a different web server with no previous notice.

Support

We will endeavour to provide a continuous high quality service. If you experience problems with your service, you should consult our support sections on our website. Note: if your broadband connection is unavailable then you should use either your previous connection or our free account 0845 dial up service. Should you fail to find a resolution to your problem, you will find our 24/7 support contact details within our support sections: www.systemcore.co.uk/customersupport and www.systemcore.co.uk/support
Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime is available in the SystemCore Support section as are any interruptions to our services.

Reselling of Services

All accounts other than our Reseller account are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting services of their website to other parties.
Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.
Customers may however resell all of our services with our Reseller package.
SystemCore reserve the right to suspend access to the API facilities of the Reseller account if a customer's use is deemed to be affecting the platform. Access will be reinstated pending investigation and appropriate fixes to any conflicts.

Unlimited use policy

High bandwidth usage: For some customers, in addition to our stated bandwidth allowances, SystemCore offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, SystemCore may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, SystemCore reserves the right to impose the High Resource User Policy for the consideration of all customers.

Database Usage

If you exceed the limits on our database products (MS SQL and MySQL) then we will automatically charge you for the additional space you use at our current prices. For example if you have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 150MB (at our current prices) in that month.

High resource use policy

Resources are defined as bandwidth, processor utilization or disk space. SystemCore may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available SystemCore reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby SystemCore continues hosting the website for an additional fee.

Uploads via scripting languages

We limit uploads made via scripting languages - including PHP, ASP and ASP.NET - to a maximum of 4 MB per file.

Payment policies

All accounts are set up on a prepay basis. Although SystemCore reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 30 or 365 days, following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.
In situations where the card number on file is declined SystemCore will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, SystemCore reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically.
All payment is in UK sterling.
You are required to have a valid credit/debit card and email address registered on your account at all times, failure to do so may result in suspension of your account.
Please note that whilst this email is primarily used for billing purposes, SystemCore reserves the right to email you information about enhancements to our systems and product offerings. Your email will not be passed to any other parties at any time.

Payment options

In order to streamline our accounting procedures and keep costs down SystemCore currently runs a limited number of payment options.
Credit / Debit Cards: SystemCore accepts MasterCard, Visa, Visa electron, Switch/Maestro and Solo.
Cheque Payment: This option is only available to business customers who pay annually for their SystemCore account. A credit/debit card number will still be required if customers require the facility to purchase domains and other services on-line. SystemCore cannot guarantee that a service will be provided until after any received cheques have been cleared.

Discretionary 30 day trial

For some customers opening their first account the initial 30 days are available on a trial basis. For special promotions offered at discounted prices the trial period is limited to the initial 7 days. Customers will not be entitled to this benefit if they have previously had an account with SystemCore unless the period of absence has been greater than one year. New customers will not be entitled to a trial period if any account has previously been created at the same postal address within the same 12 month time span.
The 30 day trial does not apply to our Broadband or Dedicated Server offerings.

Cancellation and refunds

SystemCore reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes SystemCore' terms of service a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time. During the initial 30 day trial period customers who wish to cancel will be entitled to a full refund for their hosting fees only, but will not be entitled to a refund for any additional services purchased. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.
Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by SystemCore. In addition some accounts incur set-up fees, these charges are also non-refundable.

Discretionary LiveMail free trial

You must provide us with a valid domain name, which could be used with the LiveMail service, or register a new domain name during signup.
You may not use the same domain name for more than one free trial.
If you don't cancel your LiveMail package before the end of the 30 day free trial, we will automatically charge your credit/debit card for your first month/year's service following the trial period.
N.B. This free trial is only open to existing SystemCore customers, when signing up for a new SystemCore LiveMail email account.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold SystemCore harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SystemCore, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SystemCore against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SystemCore' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from SystemCore' server.

Disclaimer

SystemCore will not be responsible for any damages your business may suffer. SystemCore makes no warranties of any kind, expressed or implied for services we provide. SystemCore does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, SystemCore cannot guarantee to be able to replace lost data. SystemCore disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by SystemCore and its employees. SystemCore reserves the right to revise its policies at any time.

Please note: by signing up for any of our services you agree to be bound by all SystemCore terms and conditions.

2. Domain names

The following terms and conditions apply to the domain registration service:

Governing Bodies

SystemCore is able to provide Internet domain registration services through our chosen registrars (registrations service provider), for second-level domain names within the .com, .org, .net, .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains.
ICANN oversees the .com, .org and .net top-level domains. Nominet oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains.
Upon SystemCore's receipt of domain name registration information from you, SystemCore shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration. Network Solutions, Inc. currently acts as the registry administrator for the .com, .org, and .net top-level domains. Nominet UK acts as the registry administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains.

SELECTION OF A DOMAIN NAME.

You represent that, to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
If you are registering your name during the finite period of time when owners of trademarks and service marks issued prior to October 2, 2000 and having national effect will have the exclusive opportunity to register identical domain names ("Sunrise Period"). You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted for a minimum registration term of five (5) years.

.name RESTRICTIONS.

Registrations in the .name top-level domain must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

FEES

As consideration for SystemCore providing domain name registration services to you, you agree to pay SystemCore, prior to the approval of the desired domain name registration, the amounts set forth in the SystemCore Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.
Your application will not be registered until SystemCore receives actual payment of the registration fee. If SystemCore does register a domain name prior to payment of the registration fee, SystemCore reserves the right to cancel that registration or restrict use of the domain name until payment has been received.
All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.
In the event of a charge back by a credit card company or other payment provider authorized by SystemCore, the domain name registration shall be transferred to SystemCore as the paying entity for the registration. SystemCore may reinstate your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently UK £100.
Payment must be made by credit card or other methods we indicate in registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge accordingly.
We reserve the right to make an administration charge of £10 per domain where customers have attempted to register a domain name with multiple registrars.

TERM

This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.
To ensure your domains are not lost we operate a positive renewal system on all our domains - you will be notified in advance that your domain is about to expire and given the option to opt out of the renewal, if of any reason you do not contact us, then we will ensure your registration continues and automatically renew your domain. This is not refundable and it is your responsibility to ensure valid contact and payment details are on your account at all times - failure can lead to suspension.
SystemCore' domain renewal process is automated and we confirm all domain renewals by email. However, it is your responsibility to check that your renewal has been successful within one month of the renewal date. For .uk domains you can do this using Nominet's WhoIs search, and for all other domains we recommend using the Tucows website domain lookup facility.

DISPUTE POLICY

You agree to be bound by the SystemCore Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found at the end of this document.
The Dispute Policy governs any dispute between you and any party other than us over the registration and use of the domain name. The specific disputes which are subject to the Dispute Policy are contained in the Dispute Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the domain name registration is disputed by a third party.
You also agree that in the event a domain name dispute arises with any third party, you shall indemnify and hold SystemCore harmless pursuant to the terms and conditions contained in the Dispute Policy.

CHANGES TO REGISTRATION AGREEMENT AND DISPUTE POLICY

You acknowledge and recognize that the domain name system and the practice of registering and administering domain names are continuously evolving, and acknowledge and agree that SystemCore may modify this Agreement and the Dispute Policy as necessary from time to time to comply with any agreements by which SystemCore is or will be bound, and to adjust to changing business circumstances.
Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.

CONTACT WITH SystemCore

You acknowledge and recognize that all contact with SystemCore in the first instance should be made via our support sections: www.systemcore.co.uk/customersupport and www.systemcore.co.uk/support

You agree that SystemCore is not obliged to offer telephone support specifically for your Domain Name.

DOMAIN NAME REGISTRATION INFORMATION AND ITS USE

Information you are required to Submit

As part of the registration process, you are required to submit to SystemCore and keep updated the following information in connection with your application for domain name registration:

(a) the domain name to be registered;

(b) the domain name holder's name and mailing address;

(c) the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name; and

(d) the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.

You shall provide and maintain updated information at all times with SystemCore. SystemCore at its option may refuse to renew any registrations unless you maintain current and updated information at all times.

SystemCore may from time to time request additional information from you. While not obligated to provide the additional information, you should provide the additional requested information to ensure that you will obtain all the products and services which SystemCore makes available to domain name registrants.

Additional Information Maintained About your Registration

In Addition to the information you provide, we maintain additional information relating to your domain name registration, including:

(a) the original creation date of the registration;

(b) the date and time the registration application was submitted to us and the appropriate registry;

(d) records of account for your domain name registration, including dates and amounts of all payments and refunds;

(e) the IP names and address of the primary name servers and any secondary name servers;

(f) the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;

(g) the name, mailing address, email address, telephone number, and fax number of the zone contact for the domain name;

(h) the expiration date of the registration; and (i) other information regarding all other activity regarding your domain name registration and related services.

Obligations Relating to Data Provided by You

If in registering a domain name you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement.

Disclosure and Use of Registration Information

You agree to authorize SystemCore to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree SystemCore may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through SystemCore's WHOIS service, for targeted marketing, or for any other purpose as required or permitted by ICANN and applicable laws.

In addition, you acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that SystemCore may or must make available to the public or to private entities, and the manner in which such information is made available.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action you may have arising from such disclosure or use of the domain name registration information.

You may access your domain name registration information in SystemCore's possession to review, modify or update such information, by accessing our domain manager service, or similar service, available at our website at www.systemcore.co.uk.

We will not process any data about any identification natural person that we obtain from you in a way incompatible with the purpose and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

OWNERSHIP OF DATA

You agree and acknowledge that SystemCore owns the following:

(a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database;

(b) all information and derivative works generated from the domain name database; and

(i) the original creation date of the registration;

(ii) the expiration date of the registration;

(iii) the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;

(iv) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and

(v) other information generated or obtained in connection with the provision of domain name registration services, other the domain name being registered, and the IP names and addresses of the primary nameserver and any secondary nameservers.

SystemCore does not have any ownership interest in your specific personal registration information outside of your right in our domain name database.

TRANSFER OF OWNERSHIP

The person named as administrative contact at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

For further details and to action any transfer of ownership please login to your UKreg control panel, at www.ukreg.com

AGENTS AND LICENSES

You agree that in the event you register a domain name for another entity, you represent that you have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.

You acknowledge and agree that if you license the use of your registered domain name to a third party, you remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely Resolution of any problems that arise in connection with domain name and domain registration.

LIMITATION OF LIABILITY

You agree that SystemCore shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if SystemCore has been advised of the possibility of such damages, and in particular SystemCore will not be liable for the following:

(a) suspension or loss of your domain registration;

(b) use of your domain name registration;

(d) access delays or interruptions to any web sites accessed by your registered domain name;

(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;

(f) events beyond the reasonable control of SystemCore;

(g) processing of an application for domain name registration; or

(h) application of the Dispute Policy.

SystemCore shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to your application, receipt of, or failure to receive a domain name registration.

SystemCore's maximum aggregate liability shall not exceed the greater of:

(a) the total amount paid by you for registration of the domain name; and

(b) ?50.00 (UK Pounds).

INDEMNIFICATION OF SystemCore

You agree to defend, indemnify and hold harmless SystemCore and the registry administrator, including our and its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs ( including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (a) all information provided in connection with your domain name registration is accurate; and

(b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.

You acknowledge and agree that all domain name registration services provided to you by SystemCore are provided on an "as is" basis. SystemCore makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose. SystemCore makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.

BREACH AND REVOCATION

SystemCore reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that:

(a) you materially breach this Agreement;

(b) you use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;

(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement; or

(e) you use your domain name in connection with material that is slanderous to UKReg, SystemCore or other associated companies.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including SystemCore) or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by SystemCore, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.

You also agree that SystemCore shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as SystemCore receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

You acknowledge and agree that:

(a) providing inaccurate information;

(b) failing to update information promptly; or

(c) failing to respond to SystemCore's inquiries concerning the acuracy of contact details within fifteen (15) calendar days of request;

shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

OTHER TERMS AND CONDITIONS

Force Majeure. SystemCore shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.

Non-Waiver. The failure of SystemCore to require your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by SystemCore of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Survival. The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.

Notice. You agree that any notice or communications required or permitted to be delivered under this Agreement by SystemCore to you shall be deemed to have been given if delivered by e-mail, overnight mail or United States mail in accordance with the contact information you have provided.

Governing Law. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all contemplated by this Agreement shall be governed by the laws of the United Kingdom.

Legal Fees. If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

Assignment. You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without the prior written consent of SystemCore However, in the event that SystemCore consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

GENERAL

Entire Agreement. This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.

Amendment in Writing. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of SystemCore

Further Assurances. The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.

Relationship of the Parties. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

Joint and Several Obligations. If any party consists of more than one entity, their obligations here under are joint and several.

No Third Party Beneficiaries. This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.

Severability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. SystemCore will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of SystemCore as reflected in the original provision.

No Guarantee. You acknowledge that registration or reservation of your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name.

Specific TLD Registration Agreements

Terms and conditions for .UK domain names

Terms and conditions for .TV domain names

Terms and conditions for .BIZ IP claims

Terms and conditions for .NAME domain names

Terms and conditions for .COM, .NET and .ORG domain names