Easily Limited Terms and Conditions

(Last revised 22nd February 2016)

General Terms and Conditions applicable to all Easily Services.

Service Terms applicable to your purchase of particular Easily services.


Section A - General Terms and Conditions applicable to all Easily Services

Section B - Domain Registration Services

Section C - E-Mail Services

Section D - Hosting Services

Section E - Website Builder Services

Section F - eShop Services

Section G - SSL Certificate Services

Section H - Search Engine Submission Services

Section I - Affiliates Program

Section J - Cancellation Policy and Form

Section K - Acceptable Use Policy

Section L - Privacy Policy

Section M - Cookie Policy


SECTION A – GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL EASILY SERVICES

1 Introduction

1.1 These General Terms and Conditions, together with the Service Terms applicable to the Services ordered by the person identified in the Order (“You”, “Your”), govern the Services provided by Easily Limited (“Easily”, “Our”, “We”), to You.

1.2 Easily is registered in England and Wales with registered number 3900580 and its registered office is at 25 Canada Square, Canary Wharf, London, E14 5LQ. Our VAT number is GB 739633893

1.3 To the extent that the law deems You to be a consumer, the terms of this Agreement will not affect Your rights under applicable consumer law.

1.4 Any conflict or inconsistency between any provisions of the documents referred to in this Agreement shall be resolved in accordance with the following order of precedence:

(a) The terms and conditions referred to in the Service Terms;

(b) The Service Terms; and

(c) The General Terms and Conditions.

 

2 Definitions:

The following terms and expressions shall have the following meanings in this Agreement:

Acceptable Use Policy”means Easily’s acceptable use policy for the Services, as set out in Section K, as amended from time to time;

"Account” means the user account created by You on the Website;

Agreement” means these General Terms and Conditions, the applicable Service Terms and any other policy or document referred to in them;

Cancellation Policy” means the cancellation policy for the Services, as set out in section J, as amended from time to time;

"Data" means information, documents, text, software, music, sound, photographs, graphics, video, messages and other materials of any kind and in any form, format or media that You or a person using Your Account uploads or transmits through use of the Services;

"Fees" has the meaning set out in clause 6.1;

Intellectual Property Rights” means the following rights, wherever in the world enforceable including all reversions, renewals and extensions: (a) any patents or patent applications including any applications for same; (b) any trademarks (whether or not registered) including any applications for registration of the same; (c) inventions, discoveries, topography rights, utility models and improvements whether or not capable of protection by patent or registration; (d) copyright or design rights (whether registered or unregistered); (e) database rights; (f) any goodwill in any trade or service name, trading style or get-up; and (g) any and all other intellectual or proprietary rights;

Order” means Your order for the purchase of the Services made through the Website or by telephone;

Order Confirmation” has the meaning set out in clause 4.4;

Personal Data” means “personal data” as that term is defined in the Data Protection Act 1998 or any successor legislation relating to the protection of personal data;

Privacy Policy” means Easily’s privacy policy, as set out in Section L, as amended from time to time;

"Services" means the products and services which Easily agrees to provide to You after Our acceptance of your Order. The details of each of the Services are set out in the applicable service descriptions set out on the Website;

Service Terms”means the additional terms and conditions that apply to Orders of specific services as set out in Sections B to I as applicable;

"Website" means easily.co.uk

 

3 Your Account

3.1 Prior to placing an Order, You are required to set up an Account with Easily via the Website. To open an Account, you need to provide your name and contact information. No payment is required and by opening an Account, You are not required to make any purchase.

3.2 Easily shall provide you with access to Your Account and the Website to place Orders and generally receive the Services, however Easily cannot guarantee that access to Your Account and the Website will be available and/or uninterrupted.

3.3 You acknowledge that You are responsible for all persons who use your password or security phrase to place Orders and/or access and use the Services, whether authorised by You or not.

 

4 Contract Formation

4.1 To place an Order through the Website or by telephone You must set up an Account.

4.2 By setting up an Account and/or submitting an Order requesting the provision of Services by Easily, the person setting up the Account and/or submitting the Order confirms that they are at least 18 (eighteen) years of age and that they have the appropriate authority from any third party for whom they are acting to enter into this Agreement.

4.3 No Order shall be deemed to be received by Easily until:

(a) it appears in Your Account as an Order; or

(b) You receive an Order Confirmation email from Easily.

4.4 By opening an Account and/or submitting an Order, You agree to be bound by the terms of this Agreement. When You submit an Order Easily will not be deemed to have accepted Your Order until Easily has confirmed to You Easily’s receipt of Your Order by email (“Order Confirmation”). Upon Easily sending You an Order Confirmation, this shall signify Easily’s acceptance of Your Order, subject to and in accordance with the terms of this Agreement. This Agreement shall constitute a legally binding agreement between Easily and You for the supply of the Services described in Your Order. 

4.5 You shall receive a second email from Easily confirming whether We have been able to fulfill Your Order. In the event that We are not able to fulfill Your Order (e.g. a domain name may have been registered by a third party), then We will refund the Fees paid for the Order.  

 

5 Order cancellation

5.1 Where We have accepted Your Order You may cancel that Order in accordance with the terms of the Cancellation Policy

 

6 Payment

6.1 The fees (including any VAT as may be applicable) for the Services shall be listed on the Website and specified in the Order Confirmation (“the Fees”). All Fees include VAT at the prevailing rate.

6.2 Payment of the Fees shall be made via our secure third party credit/debit card provider.

6.3 You acknowledge that the provision of the Services is conditional on Easily receiving payment of the Fees in full. In the event of non-payment of Fees or suspected fraudulent activity in relation to payment of Fees by You, Easily reserves the right to withhold, suspend or cancel the Services.

 

7 Variation of Fees

7.1 Easily shall be permitted to increase the Fees at any time and without any prior notice to You. Whilst Fees may change at any time, any increase in the Fees shall not affect any Orders that We have accepted prior to the date We elect to increase the Fees.


8 Supply of services

8.1 Easily shall use reasonable endeavours to provide the Services within any timescales specified in its acceptance of Your Order.

8.2 Easily shall supply the Services in accordance with the standards of skill and care reasonably expected of a supplier of similar services to the Services.

8.3 You acknowledge that Easily shall be entitled to monitor and audit your use of the Services to ascertain your compliance with the Acceptable Use Policy and this Agreement.

8.4 You acknowledge that delivery of some of the Services is dependent upon third party service providers, equipment and networks not under Easily’s control. Accordingly, Easily does not guarantee that:

(a) the Services will be uninterrupted, secure or error-free; or

(b) that Data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all; or

(c) that particular results will be achieved or that any results will be accurate or reliable; or

(d) that the Services and/or the information obtained by You through the Services will meet your requirements.

 

9 Support Services

9.1 The Services include support services only insofar as described in the Help Centre help.easily.co.uk. Whilst Easily will use reasonable endeavours to meet any specified response times and to rectify specified faults or problems, Easily does not guarantee that response times or rectification of faults will be achieved.

9.2 Easily shall not in any event be obliged to supply support services in respect of faults or problems directly or indirectly arising from:

(a) incorrect use of the Services by You or by persons using the Services on your behalf;

(b) products or services not supplied by Easily; 

(c) any cause external to the Services;

(d) where You are using anything other than the version of any software that Easily supports;

(e) where You or any third party not authorised by Easily has modified or attempted to modify the relevant software or attempted to resolve the problem; or

(f) if any Fees due to Easily are unpaid.

 

10 Your Obligations

10.1 It is a condition of this Agreement that You shall at all times use the Services in accordance with the Acceptable Use Policy and You shall ensure that persons using the Services on Your behalf also comply with the Acceptable Use Policy.

10.2 You shall provide Easily with Your up to date contact details (including email addresses) and promptly notify Easily of any changes.You may change such details through updating Your Account. Easily relies on this information for various reasons including the transmission of renewal notices for the individual Services and other important information. Easily shall not be liable for any damage resulting from Your error or omissions in providing Your up to date contact details.

10.3 You shall provide such information, resources and assistance in a timely manner as Easily shall reasonably require, including providing Easily with reasonable assistance in investigating the cause of any service outages, security problems or any suspected breach of this Agreement.

10.4 You shall comply with all reasonable directions provided by Easily regarding Your use of the Services.

10.5 You will ensure that Your use of the Services, and the use of the Services by persons on Your behalf, comply at all times with all applicable laws and regulations relating to the Services and will not infringe any Intellectual Property Rights of a third party.

10.6 You shall not:

(a) reverse engineer, de-code or in any way disassemble any software provided by Easily in relation to the provision of the Services;

(b) enter any incorrect or incomplete name, address, email address or telephone number or any other false information on the Order or otherwise enter information intended to conceal Your identity in Your Account.

 

11 Your Data

11.1 There is a risk that Your Data transmitted or used via or in connection with the Services may be irretrievably damaged or lost if there is a fault with the Services or on suspension or termination of the Service. It is Your responsibility to frequently back-up Your Data.

 

12 Termination and Suspension of the Services

12.1 This Agreement shall commence on the date that You open Your Account and shall continue in force for so long as Your Account is in force.

12.2 Easily may suspend the Services in whole or in part at any time for repair, maintenance or improvement or if Easily is required to do so by operation law or a request from a competent authority.

12.3 In the event that Easily suspends the Services, it shall provide You with notice (where reasonably possible) and restore the suspended Services as quickly as is reasonably possible.

12.4 Easily may terminate this Agreement or part of the Services at any time by giving You 30 (thirty) days prior written notice. Your right to cancel or terminate the Services on notice shall be expressly set out in the Cancellation Policy and, where applicable, the specific Service Terms.

12.5 Both Easily and You may terminate this Agreement immediately on written notice if the other party:

(a) commits a material breach of this Agreement and, if remediable, fails to remedy the breach within 14 (fourteen) days of a written request by the party not in breach to do so; or

(b) ceases (or threatens to cease) to trade, has a liquidator, receiver or administrative receiver appointed to it or over any part of its undertaking or assets or passes a resolution for its winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction where the resulting entity shall assume all of the liabilities of it) or a court of competent jurisdiction makes an administration order or liquidation order or similar order, or enters into any voluntary arrangement with its creditors, or is unable to pay its debts as they fall due.

12.6 Easily may also terminate this Agreement or part of the Services immediately on written notice if Easily is required to do so by operation law or a request from a competent authority.

12.7 In the event of termination of this Agreement for any reason:

(a) Easily will immediately stop supplying, and will terminate access to, the relevant Services. You acknowledge that this may involve irretrievable damage to or loss of Your Data and/or Easily may destroy any Data on the effective date of such termination or suspension;

(b) all licences granted by Easily to you will terminate; accrued rights and liabilities will be unaffected; and

(d)any termination of part of a bundled package of Services will only terminate that part of the bundle and not any other Services which may be unaffected.

12.8 Where Easily terminates this Agreement under Clause 12.4 or Clause 12.6 You shall be entitled to a pro rated refund of the Fees paid by You for Services not received as at the effective date of termination.

12.9 Subject to Clause 12.8 and Your rights under the Cancellation Policy, in the event of termination of this Agreement any Fees due remain payable and, if already paid, will be non-refundable.

12.10 The clauses in this Agreement which are expressed or intended to survive the termination of this Agreement shall survive termination.

 

13 Easily’s Liability to You

13.1 The express terms of this Agreement are in lieu of all Easily’s warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, including any condition of satisfactory quality or fitness for a particular purpose whether or not any purpose has been notified to Easily, all of which are hereby excluded to the fullest extent permitted by law. Nothing in this clause shall affect your statutory rights where you purchase the Services as a consumer.

13.2 If Easily fails to comply with this Agreement or is negligent in its provision of the Services, Easily shall be responsible for loss or damage that You suffer that is directly related to the breach or negligence in accordance with the terms of this clause

13.3 Nothing in this Agreement limits or excludes the liability of Easily for:

(a) death or personal injury resulting from its negligence; or

(b) fraud or fraudulent misrepresentation; or

(c) any liability for which it would be illegal to exclude or limit or to attempt to exclude or limit Easily’s liability.

13.4 Under no circumstances shall Easily be liable under or in connection with this Agreement whether in contract, tort (including negligence) or however arising for:

(a) loss of profits, loss of revenue, loss of contracts, loss of reputation or goodwill or loss of anticipated savings; or

(b) special, indirect or consequential loss; 

Regardless of whether Easily has been notified of the loss by You.

13.5 Easily’s total liability in contract, tort (including negligence) or otherwise arising under or in connection with this Agreement for any one event or series of related events is limited to:

(a) in cases of any claim by a third party that the Services infringe any Intellectual Property Right, a total of £10,000 (ten thousand pounds); or

(b) in the case of any other liability, a total equivalent to 125% (one hundred and twenty five per cent) of the Fees that You have paid to Easily or which would be payable for the affected Services that have given rise to the claim.

 

14 Indemnity

14.1 You agree to indemnify Easily (including their directors, shareholders, officers, agents, employees, successors and assignees) together with any other third party with whom Easily contracts to provide the Services from any and all third party claims, suits, proceedings, judgments, damages and costs (including reasonable legal fees and expenses) arising from any breach of Your warranties, representations, and obligations set out in this Agreement.

 

15 Security

15.1 You must:

(a) keep Your username, password and security phrase secure (and Easily may change these at any time);

(b) if requested to do so by Easily, use Your password or security phrase when giving instructions to Easily (and You acknowledge that Easily is entitled to rely on instructions from persons using Your password or security phrase);

(c) take all reasonable steps in respect of matters under Your control to minimise any risk of security breaches in connection with the Services;

(d) notify Easily promptly of any security breaches of which You become aware; and

(e) comply with any security checks and validation Easily may issue concerning the Services.

 

16 Personal Data

16.1 In providing the Services, Easily shall process Your Personal Data in accordance with the Privacy Policy and the following shall apply:

(a) Easily shall process Personal Data only in accordance with the terms of this Agreement and in accordance with the Privacy Policy;

(b) Easily shall take appropriate technical and organisational measures against unauthorised or unlawful processing of Personal Data or its accidental loss, destruction or damage;

16.2 You acknowledge that Easily may use Personal Data in an anonymised format for Easily’s own purposes, including the production of aggregated reports for the purposes of marketing the Services.

 

17 Changes to the Services or this agreement

17.1 Easily may change or modify this Agreement or the Services at any time. Such changes or modifications shall be effective immediately upon posting to the Website. Please check the Website at regular intervals. We will also provide notice of such changes to You via Your contact email or when You first access Your Account after a change.

17.2 Your continued use of the Services and placing of any Order constitutes Your acceptance of the changed or modified Services or terms and conditions and such Orders after this date, including those Orders that may be auto-renewed, shall be expressly bound by the terms of this Agreement then in force. Where Easily makes changes to the Services that result in a material degradation of the Services, or if You do not accept the revised Services or terms and conditions for any reason, You may give 14 (fourteen) days’ notice in writing to terminate this Agreement, in which case You shall be entitled to receive a pro rated refund of the Fees paid by You for Services not received as at the effective date of termination.

 

18 Intellectual property rights

18.1 Easily and its licensors retain all Intellectual Property Rights related to the development, creation or supply of the Services, including all methodologies, processes and know-how used, together with any hardware, firmware, platforms, software and any changes, improvements and new features or functionality created by Easily as part of the Services.

18.2 Easily hereby grants to You a non-exclusive, royalty free, non-assignable, non-transferable licence to access and use Your Account solely in connection with Your use of the Services.

18.3 You acknowledge and agree that You will not, whether during the term of this Agreement or at any time after termination or expiry of this Agreement, in any way question or dispute the legal and beneficial ownership by Easily of any Intellectual Property Right relating to the Services.

18.4 At Easily’s request and expense, You agree to do all things and sign all documents or instruments reasonably necessary to enable Easily to obtain, defend and enforce Easily’ rights and/or our licensor’s rights in the Services.

18.5 The specific Service Terms shall deal with any Intellectual Property Rights created by the provision of Services, such as domain names.

 

19 Confidentiality

19.1 Each party shall hold and keep confidential all Confidential Information of the other party during the term of this Agreement and thereafter, and shall not directly or indirectly disclose any such Confidential Information to any third party without the express written permission of the disclosing party.

 

20 Force majeure

20.1 Easily shall not be responsible for any failure to provide the Services or perform any obligation under this Agreement due to circumstances outside Easily’s reasonable control including, without limitation, denial of service attacks, hacking attacks or other malicious acts of a third party not under the control of a party or the unavailability of third party telecommunications networks and/or the internet.

 

21 Notice

21.1 You should send any notices under this Agreement to Easily Limited, 25 Canada Square, Canary Wharf, London, E14 5LQ for postal notices and to support@easily.co.uk for notices sent by email. Easily shall send any notices by post or email in accordance with the most recent contact information which You have provided to Easily via Your Account.

21.2 Notices may be sent by recorded delivery or by email and shall be deemed to be received:

(a) by recorded delivery – (5) five days after posting; or

(b) by email – on the date that the email is sent provided the sender has not received an undelivered message.

 

22 General

22.1 This Agreement represents the entire agreement of the parties relating to its subject matter. It supersedes all prior agreements and representations (unless fraudulent).

22.2 You acknowledge that, in entering into this Agreement, You do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) except as expressly provided in this Agreement. The only remedy available to you in respect of any such statement, representation, warranty or undertaking shall be for breach of contract under the terms of this Agreement. Nothing in this clause shall operate to exclude any liability for fraud.

22.3 You may not assign this Agreement or subcontract or resell any of the Services without Our prior written consent. Easily may assign this Agreement or subcontract any of the Services to any third party without your consent.

22.4 The failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy.

22.5 Save as set out in any specific Service Terms, a person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (1999) to enforce any term of this Agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

22.6 As well as any other rights You have under law or regulation, if You are resident in the European Union, You may have the option to submit complaints on the European Union’s Online Dispute Resolution platform (the “Platform”) which facilitates the settlement of disputes online.  For more information, please visit the Platform on https://webgate.ec.europa.eu/odr/.  Easily does not intend to use the Platform to settle disputes and You accept that Easily is under no obligation to use the Platform to settle any disputes.


23 English law and jurisdiction

The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it) shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.

 

SECTION B – DOMAIN REGISTRATION SERVICES

Easily shall provide the Domain Registration Services upon the following Service Terms and the General Terms and Conditions.    


1. DEFINITIONS AND INTERPRETATION

1.1 In these Service Terms the following capitalised words have the meanings set out next to them below: 

"Administrative Contact" means an individual or organisation authorised to interact with the applicable registry operator on behalf of the Registered Name Holder. 

"Billing Contact" means the person or entity who is to receive invoices in respect of a domain name on behalf of You;

"ccTLD" means country code top level domain (eg. .uk, .de, .fr etc);

"Domain Registration Services" means the registration, renewal, hosting, name server routing and management of any domain names by Easily.

"Exceptional Circumstances" is where Easily considers that:

1. Easily’s Acceptable Use Policy has been or may be breached; and/or

2.  it is necessary to protect Easily or its other customers or the public and/or to minimise Easily’s exposure to breach of applicable laws  or the risk of civil or criminal proceedings and/or to respond to claims of violation of third party rights;

"gTLD" means top-level domain(s) of the internet domain name system delegated by ICANN other than any country code (ccTLDs) or internationalised domain name (IDN) country code TLD;

"ICANN" means the Internet Corporation for Assigned Names and Numbers;

"Naming Authorities" means (1) ICANN or any equivalent body; and (2) the registry operator or registries responsible for providing gTLDs or ccTLDs and (3) the registry gateway provider responsible for specific types of domain names;

"Naming Authority Conditions" has the meaning set out in clause 3.1 below;

"Registered Name Holder" means the person listed as the legal owner in the WHOIS of any domain name;

"Technical Contact" means the individual or entity responsible for any technical issues regarding the domain name. 

"WHOIS" means any public query relating to the registered details of any domain name


2. APPLICABILITY 

2.1 If You are not the registered name holder of any relevant domain name, You undertake to procure that such registered name holder is bound by the terms of this Agreement as if they were the customer.  

2.2 You acknowledge that the sponsoring registrar is Ascio Technologies, Inc.  Danmark - Filial af Ascio Technologies, Inc. USA.  Easily may change the sponsoring registrar at any time and in requesting the renewal of a domain name, You authorise Easily to make such a change.         


3. INCORPORATION OF NAMING AUTHORITY TERMS AND CONDITIONS

3.1 This Agreement incorporates the terms and conditions of the relevant Naming Authorities as in force from time to time concerning domain name registration, renewal, and management including, without limitation, any applicable dispute resolution policy such as the Uniform Domain Name Dispute Resolution Policy (“UDRP”), Uniform Rapid Suspension (“URS”) or any ccTLD specific dispute resolution policy, if applicable (collectively the “Naming Authority Conditions”). 

3.2 Your domain names are subject to suspension, cancellation or transfer in accordance with the Naming Authority Conditions to correct mistakes by Easily or any Naming Authority in the registration of the domain name or for the resolution of domain name disputes. 

3.3 Easily is not liable for the acts and omissions of the Naming Authorities.  Easily will provide copies or a link to a relevant page of all applicable Naming Authorities Conditions on the Website together with Easily’s own domain name policies. 


4. DOMAIN NAME REGISTRATION, RENEWAL AND TRANSFER

4.1 Easily will use its reasonable endeavors to apply to register requested domain names following acceptance of Your Order and will notify You of the outcome but Easily gives no guarantee of success. You acknowledge and accept that the Naming Authorities each have different policies and terms and conditions regarding the registration of a domain name and that any Order may not be successful. If for any reason the Order is unsuccessful, You shall receive a full refund.  

4.2 You agree that Easily will be the Billing Contact for domain names that have been successfully registered or transferred to Easily’s management.  You may act as Administrative Contact by changing the applicable setting in Your Account but in doing so You acknowledge that you shall be solely responsible for all acts and omissions arising from your role as Administrative Contact.  You may also act as Technical Contact provided you follow the verification request Easily sends to You.   

  

Renewals

4.3  Easily will notify you by email of renewals prior to expiry as follows: forty-five (45) days, thirty (30) days, fourteen (14) days, seven (7) days, on expiry and for gTLDs, within five (5) days of expiry.  

4.3.1    Auto-renew opt-in.  You will have the option to request automatic renewal of any of the domain name registrations in Your Account.  If you choose to opt-in, Easily will automatically renew those selected domain names for an additional registration period.  You expressly authorise  Easily to use the debit or credit card stored on Your Account to automatically renew the domain names.  It is Your responsibility to ensure that You have a valid debit or credit card stored on Your Account to enable automatic renewal.  Easily will make three attempts to charge the debit or credit card prior to the expiry date, at the following times prior to expiry: 14 (fourteen) days, 7 (seven) days and 3 (three) days.  Easily will notify You of the outcome.  If payment is not taken successfully, the domain names shall not be renewed by Easily.  Automatic renewal opt-in is not available for domain names that are within 72 (seventy two) hours of their expiry date and must be manually renewed.  Automatic renewal of domain names shall continue until you opt-out of automatic renewal or this Agreement terminates.  You may still renew any domain names manually via Your Account prior to any automatic renewal and this shall override the automatic renewal for that domain name renewal.  

4.3.2    General Renewal.  You are fully responsible for renewing Your domain name registrations and for providing clear instructions to Easily. Easily can accept renewals of domain name registrations no earlier than sixty (60) days prior to the expiry date of the domain name. The new registration period shall thereafter commence on the expiry date provided payment for the domain name has been made.   

4.4 Easily shall not be obliged to renew any domain name registrations where Easily has not received a clear instruction from You in accordance with clause 4.3.2 and payment from You to renew the domain name within the applicable renewal period.

4.5 You must carefully check the details on Your Account and Easily’s notifications to You of domain name registrations and renewals and inform Easily immediately if anything is incorrect. 


Transfers

4.6 You may transfer a domain name to your Account at any time provided it is a domain name extension that is supported by Easily.  Supported domain name extensions can be found on the Website.  Easily reserves the right to refuse to transfer a domain to Your Account where any outstanding Fees are owed to Easily. 

4.7 Any domain names originally registered by a registrar other than Easily but subsequently transferred to Your Account are expressly subject to the terms of this Agreement.


Restore/Grace Redemption Periods

4.8    You may be able to restore your domain name following expiry if you act within the applicable grace redemption period set out by the Naming Authority.  Please see the website here.


5. NAME SERVER ROUTING 

5.1 Easily offers You the ability to use Easily’s name servers subject always to the domain names using the name servers being managed by Easily.  Domain names will be routed through Easily name servers as per the settings recommended by Easily unless Easily is otherwise notified in Your Order.    Name server routing is the technical process through which visitors of Your website can be served with content from Your web host.   

5.2 Unless otherwise agreed, You acknowledge and accept that, if domain names are transferred or removed from Easily name servers:

5.2.1 Easily may remove itself as billing, technical or other administrative contact;

5.2.2 websites at those domains may become inaccessible; and

5.2.3 web and email forwarding will cease and emails may be lost.


6. NAMING AUTHORITY REQUIREMENTS 

6.1 You acknowledge that newly registered gTLDs cannot be transferred to another registrar within sixty (60) days of registration or transfer. Some ccTLDs may also not be transferrable within certain time frames.  

6.2 Easily will implement registered name holder and registrar transfers only in accordance with Naming Authority requirements. Easily reserves the right to reverse a registered name holder or registrar transfer request if Easily has reason to believe that the transfer was made in error, in breach of this Agreement or in breach of the rights of a third party.  

6.3    You must provide accurate and reliable contact details and must promptly (but in any event within seven (7) days) inform Easily of all changes in respect of:

6.3.1 any registration details including: the full name, postal address, email address, voice telephone number, fax number, authorized contact person;

6.3.2  the names of primary and secondary nameserver(s); and

6.3.3 the name, postal address, email address, voice telephone number, fax number of the technical and administrative contacts.

6.4    You acknowledge that Easily has to continually verify contact information provided by You for compliance with applicable WHOIS accuracy programmes.  Such verification may be by email, SMS message or such other method of communication approved by Naming Authorities.  You shall respond promptly to Easily following such requests and You acknowledge that failure to respond may result in suspension of the domain name until such time as You have provided the correct information. 

6.5    In the event that You licence use of a domain name to any third party, You shall accept liability for harm caused by wrongful use of the domain name and You must disclose the current contact information provided by Your licensee and the identity of the licensee within seven (7) days to a party providing You with reasonable evidence of actionable harm.    

6.6    Easily is required to collect and retain certain transactional data relating to every instruction and/or interaction relating to a domain name registration and to provide such information to Naming Authorities. Such data shall include, but shall not be limited to, written communications, confirmations, modifications and any other related correspondence, payment source information, log files, billing records and any other communications information such as source IP address, HTTP headers, telephone, text or fax numbers, email address or instant messaging identifier, and other records concerning registration such as dates, times, zones and sessions.  You hereby consent to such collection, retention and sharing.  


7. PAYMENT

7.1 You shall pay Easily for the Domain Name Services at the time of submitting Your Order or in relation to any automatic renewal pursuant to clause 4.3.1, at the times stated prior to expiry of the domain names.    Any failure to provide valid payment shall result in the termination or suspension of the applicable Order by Easily and the domain name shall not be registered or renewed (as applicable).  


8. TERM

8.1 Easily shall provide the Domain Registration Services for the period of registration of the applicable domain name unless You:

8.1.1 transfer the domain name to another registrar;

8.1.2 allow the domain name registration to expire; or

8.1.3 delete the domain name during its registration period.

8.2 Easily may terminate and/or suspend the provision of Domain Registration Services and/or place transfer prohibitions on Your domain name registrations immediately on written notice in the event:

8.2.1 Of Exceptional Circumstances; or

8.2.2 Your willful provision of inaccurate or unreliable information, Your willful failure to update information provided to Easily within seven (7) days of any change or Your failure to respond for over fifteen (15) days to inquiries concerning the accuracy of contact details of any domain name registration; or

8.2.3 Easily is required to do so by applicable law, Naming Authority or other competent authority; or

8.2.4 Any Fees remain unpaid and owing by You. 


9. YOUR INDEMNITY 

9.1 You will indemnify Easily and all Naming Authorities (including all directors, officers, employees, subcontractors, agents and their affiliates) against all claims, damages, liabilities, costs and expenses (including reasonable legal fees) directly or indirectly related to the registration and/or use of any domain name registered in the course of the Domain Registration Services.


10. YOUR WARRANTY 

10.1 You represent and warrant that the registration of any domain name and the manner in which it is directly or indirectly used will not infringe any Intellectual Property Rights or other legal rights of any third party.   


11. INTELLECTUAL PROPERTY RIGHTS

 

11.1 Easily retains all Intellectual Property Rights in the provision of the Domain Registration Services.  Easily does not claim any rights or ownership of any domain name registered or transferred by You nor any Intellectual Property Rights underlying any such domain name.


SECTION C – EMAIL SERVICES

Easily has partnered with two suppliers of Email Services.The Service Terms governing each Email Service are set out below and should be read together with the General Terms and Conditions.

Part A – OpenxChange Email Service

Easily has partnered with OpenxChange to provide you with OpenxChange’s Email Service. To obtain the OpenxChange Mobile Mail or Community Email Service You must confirm Your acceptance of OpenxChange's  terms and conditions, which govern the supply of the OpenxChange Email Service to the exclusion of all other terms and conditions.


Your Relationship with OpenxChange and Easily

The OpenxChange Email Service is provided in its entirety by OpenxChange under an agreement directly between You and OpenxChange. Accordingly, Easily has no liability to you for the suitability, availability or any other aspect of the OpenxChange Email Service which is the sole responsibility of OpenxChange. Easily are only responsible for allowing You to place an Order for the OpenxChange Email Service.

Please do not rely on any promises or claims written or verbally made by OpenxChange to the extent that they purport to bind Easily to any terms, conditions, claims or promises that relate to the provision of the OpenxChange Email Service.


Term and Renewal

Your use of the OpenxChange Email Service is granted for a period of 1 (one) year from the date that Easily accepts Your Order before it is required to be renewed. You are fully responsible for all renewals. Notwithstanding this, Easily will send you renewal reminders at the following intervals prior to expiry: 45 (forty five) days, 30 (thirty) days, 14 (fourteen) days, 7 (seven) days and on expiry. In the event that You do not renew the OpenxChange Email Service, OpenxChange will immediately disable access to the OpenxChange Email Service and Your emails will be inaccessible.

 

Part B – SquirrelMail Email Service

Easily has partnered with SquirrelMail to provide you with SquirrelMail’s Email Service.


Your Relationship with SquirrelMail and Easily

The SquirrelMail Email Service is provided in its entirety by SquirrelMail under an agreement directly between You and SquirrelMail. Accordingly, Easily has no liability to you for the suitability, availability or any other aspect of the SquirrelMail Email Service which is the sole responsibility of SquirrelMail. Easily are only responsible for allowing You to place an Order for the SquirrelMail Email Service.

Please do not rely on any promises or claims written or verbally made by SquirrelMail to the extent that they purport to bind Easily to any terms, conditions, claims or promises that relate to the provision of the SquirrelMail Email Service.


Term and Renewal

Your use of the SquirrelMail Email Service is granted for a period of 1 (one) year from the date that Easily accepts Your Order before it is required to be renewed. You are fully responsible for all renewals.Notwithstanding this, Easily will send you renewal reminders at the following intervals prior to expiry: 45 (forty five) days, 30 (thirty) days, 14(fourteen) days, 7 (seven) days and on expiry.In the event that You do not renew the SquirrelMail Email Service, SquirrelMail will immediately disable access to the SquirrelMail Email Service and Your emails will be inaccessible.


SECTION D – HOSTING SERVICES

Easily shall provide the Hosting Services upon the following Service Terms and the General Terms and Conditions.


1. DEFINITIONS AND INTERPRETATION

"Bot" means a piece of software designed to complete a minor but repetitive task automatically or on command, especially when operating with the appearance of a (human) user profile or account. An "Eggdrop Bot" is an open source IRC bot.

"Customer Site" means Your website which is the subject of the Hosting Services;

"DOS Attack" means an attempt via a denial-of-service attack to make a computer resource unavailable to its intended users;

"Easily Server" means the computer server equipment operated by Easily for the provision of the Hosting Services;

Hosting Services” means the website hosting services provided by Easily and detailed in these Service Terms;

"IRC" means the Internet Relay Chat, a form of real-time Internet chat or synchronous conferencing;

"Secure Shell (SSH)" means a network protocol that allows data to be exchanged using a secure channel between two networked devices;

 

2. LICENCE

Easily grants You a non-exclusive, non-transferable, royalty free and restricted licence to use the Hosting Services.

 

3. PROVISION OF THE HOSTING SERVICES

3.1 The facilities and services provided within the Hosting Services will be defined by the description of the Hosting Services on the Website at the time You submit Your Order, including but not limited to the specification of the storage space and data transfer that will be made available. If the storage or data transfer limits are exceeded, it will be necessary for You to upgrade the Hosting Services or purchase additional storage and/or data transfer as required.

3.2 Whilst Easily undertakes to use reasonable endeavours to provide the Hosting Services promptly following Our acceptance of Your Order, it is possible that restrictions in the availability of resources may lead to a delay.

3.3 Easily reserves the right to suspend or modify the Hosting Services if Your continued use of the Hosting Services is determined, at Easily’s sole discretion, to be detrimental to the operation of Easily’s equipment or to the use of the Hosting Services by our other customers.

3.4 Easily reserves the right (but shall not be obliged) to monitor the Customer Site, the Easily Server and Your use of the Hosting Services and we shall be entitled at all times and without notice to refuse to host any Data and/or to suspend availability of the Customer Site and/or the Hosting Services and/or to remove any Data which Easily in its sole discretion believes contravenes any of Your promises in clause 4 below or which otherwise harms Easily or is in breach of the terms of the Agreement.

3.5 Where Easily proposes to take action pursuant to clause 3.4 above it shall notify You of its action as soon as possible.

3.6 You acknowledge that hosting of the Customer Site does not amount to Easily’s approval of the Customer Site, the Data on the Customer Site, or on the Easily Server and shall not under any circumstances constitute a waiver of any of Easily’s rights or Your obligations under the Agreement.

3.7 On termination of the Agreement howsoever arising, Easily shall be entitled to immediately stop access to and to remove all Data from the Customer Site and also to post an appropriate notice regarding the lack of availability of the Customer Site.

3.8 You will be solely responsible for making and maintaining Your own backups of any Data on the Customer Site or Easily Server and You acknowledge that Easily cannot be held responsible for the consequences of any loss of such Data to the fullest extent permitted by law.

3.9 You shall be solely responsible for the Customer Site (and all Data hosted thereon) and all Data hosted on the Easily Server and for ensuring that the software elements of the Customer Site function satisfactorily. You recognise that the use of the Hosting Services requires knowledge of matters such as, without limitation, system administration and the languages, software and protocols of the internet.

 

4. YOUR PROMISES AND UNDERTAKINGS

4.1 You promise and undertake that You:

4.1.1 have the knowledge referred to in clause 3.9. You accept that it is not the responsibility of Easily to ensure that You have such knowledge or to provide such knowledge or support or assistance and that any assistance that may be given is offered purely on a goodwill basis; and

4.1.2 will obtain all necessary licenses and consents in respect of any Data posted on the Customer Site or Easily Server prior to posting such material;

 

5. YOUR RIGHT TO ACCESS EASILY’S NETWORK

You shall not obtain or attempt to obtain access, through any means, to areas of Easily's network or the Hosting Services which are identified as restricted or confidential. This includes leaving Your home directory whilst using SSH access to servers. You are not allowed to operate or attempt to operate IRC Bots or other permanent server processes. Easily does not allow IRC, Eggdrop Bots or anything similar on Easily's network. Due to the IRC servers being subject to DOS Attacks, the ports necessary to make IRC work are filtered. If You run an IRC server inside the Easily network, Your Account and the Agreement will be terminated without notice. In addition, the following scripts with known security issues are not at any time allowed to be used through the Hosting Services: UltimateBBS (all versions), Ikonboard (all versions), IRC Eggdrops, Proxy Servers, nph-proxy, The Anonymizer, any soap mailers, CGI-telnet or script that opens a shell session with the server. The list of non-permitted scripts is illustrative and not exhaustive.

 

6. YOUR OBLIGATIONS AND LIABILITIES IN RELATION TO THE CUSTOMER’S SITE

6.1 You acknowledge that you are fully responsible and liable for the use and content of the Customer Site in compliance with applicable law and the terms of the Agreement. Easily reserves the right, without incurring any responsibility or liability, to suspend access to any Customer Site where You are in breach of this clause and/or the Agreement, with or without prior notice thereof. In addition, Easily reserves the right to suspend access to any Customer Site due to Your failure to respond to Easily's reasonable queries.

 

7. DATA BACK UP AND USE OF BANDWIDTH

7.1You acknowledge that it is Your sole responsibility to suitably back up any Data on the Customer Site. Easily does not impose quotas for data transfer on new Shared Hosting (Linux Beginner, Linux Advanced and Linux Professional products).

7.2You shall not be entitled to use high volumes of bandwidth without the prior written consent of Easily. Easily reserves the right to impose charges for high usage.

 

SECTION E – WEBSITE BUILDER SERVICES

Easily shall provide the Website Builder Services upon the following Service Terms and the General Terms and Conditions.

 

1. THE WEBSITE BUILDER SERVICES 

1.1 The Website Builder Service is fully described on the Website at the following link : easily.co.uk/websitecreator.php

1.2 The provision of the Website Builder Service is, at all times, subject to You maintaining a valid domain name registration managed by Easily. You can create a website prior to registering any domain name but You will not be able to publish without a valid domain name managed by Easily.

1.3 In providing the Website Builder Service, Easily grants You a personal, non-transferable, with no right to grant sub-licences, right during the term to use the Web Builder software. Where You purchase a licence for the full version of the Website Builder software, Your licence is granted for a period of one (1) year before it is required to be renewed. You are fully responsible for all renewals.Notwithstanding this, Easily will send you renewal reminders by email at the following intervals prior to expiry: forty-five (45) days, thirty (30) days, fourteen (14) days, seven (7) days and on expiry.

1.4 In the event that You do not renew Your licence, Easily will immediately disable access to the Website Builder Service and Your websites will be inaccessible.

1.5 Easily and its licensors retains all Intellectual Property Rights in the Website Builder Service and Website Builder software.

 

2. TRIAL LICENSES

2.1 The demo version of the Website Builder software is offered to YOU free of charge. You have the option to use Website Builder software for thirty (30) days with the ability to upgrade to the full version at any time (“Trial Period”). During the Trial Period, You can publish a website but a pop-up will be displayed showing the remaining days of the Trial Period and a link to purchase the full product.

2.2 After the expiry of the Trial Period You can still log in to Your Account and use the editor function of Website Builder software for a further term of thirty (30) days but the publishing functionality of Website Builder software is disabled and a purchase link is presented once You wish to publish. After the end of the further term which, together with the Trial Publish Period, is referred to as the “Total Trial Period” (calculated from the beginning of the Trial Period, e.g. 30+30 = total of 60 days) You will still be able to log in in to Your Account but you will not be able to start Website Builder software and any website content previously published by You is automatically deactivated. Any website created by You using Website Publisher software will display a ‘trial expired’ popup and a purchase link.

2.3 In the event you wish to click on the purchase link at anytime before, during or after the expiry of the Trial Period or Total Trial Period, You will be directed to the URL that Easily has provided for the purchase of the full version of the Website Builder software.

2.4 You are limited to receiving only one trial license.

SECTION F – eCOMMERCE SERVICES

The Service Terms governing the eCommerce Service are set out below and should be read together with the General Terms and Conditions.


1. THE eCOMMERCE SERVICE

1.1 The eCommerce Service is fully described on the Website at the following link : easily.co.uk/easilyshopmain. The eCommerce Service is provided by ePages GmbH.

1.2 The provision of the eCommerce Service is, at all times, subject to You maintaining a valid domain name registration managed by Easily.

1.3 You acknowledge and agree that Your use of the eCommerce Service is subject to You accepting the terms of the ePages End User Licence Agreement (the “EULA”). The EULA is set out in full below. References in the EULA to “User” shall refer to You. Subject to Your acceptance of the EULA, Easily grants You a personal, non-transferable right during the term to use the eCommerce Service.

 

2. INTELLECTUAL PROPERTY RIGHTS

2.1 You hereby recognise that Easily and/or ePages retain all title and Intellectual Property Rights in and to the eCommerce software. Unless otherwise agreed in writing, this shall include any software extensions supplied to You.

2.2 You hereby hereby recognise ePages' brand, trademark, name and patent rights with respect to the eCommerce software and associated documentation. You may not remove, modify or otherwise obscure any notice of copyright and/or other property rights included in the eCommerce software itself or in any associated documentation. If the provision of the eCommerce software includes licensed software from third parties, You also acknowledge the Intellectual Property Rights in such third party software are owned by their respective owners.

2.3 If ePages supplies licences to Sybase software (“embedded license”), it may only be used in conjunction with the eCommerce Software.

 

3. USER’S RIGHTS OF REPRODUCTION

3.1 You shall have the right to reproduce the eCommerce software if such reproduction is necessary for using the eCommerce software from the original data carrier to the mass memory of the hardware used and loading of the eCommerce software into the working memory. In addition, You shall have the right to reproduce the eCommerce software for backup purposes. However, only one backup copy may be created and stored. This backup copy shall be clearly marked as a backup copy of the eCommerce software.

3.2 If, for reasons of data security or to ensure rapid reactivation of the computer system after a system failure, regular backup of the entire data resources, including the computer programs used, is indispensable, You shall have the right to create the minimum number of backup copies required. The data carriers in question shall be indicated accordingly. The backup copies may only be used for purely archiving purposes. Further reproductions, which also include output of the program code to a printer and photocopying of the manual, may not be made by You.

 

4. DECOMPILING AND PROGRAM MODIFICATION

4.1 It is prohibited for the You to re-translate the program code(s) into other forms of code (decompiling) or to perform other methods of reverse engineering activities at the various production levels of the software, including any program modifications. Copyright notices, serial numbers and other features used for program identification may not be removed or changed. Removal of any copy protection or similar protective routines shall not be permitted without the knowledge and consent of Easily.


5. WARRANTY

5.1 If the eCommerce software is defective, You have the right to have the error corrected or to receive a new copy of the eCommerce software, i.e. one which is free from the error. In the event that You choose to have the error corrected, all expenses related to correcting the error shall be paid by Easily, in particular the transportation, carriage, time and materials required. This applies as long as the logistics expenses are not artificially high because the product in question has been moved to a location different from the one at which the product was originally sold.If the correction or the new delivery do not solve the problem, You have a right to demand either a refund or to terminate the corresponding contract.

5.2 In the event that the You make a warranty claim, ePages liability shall be limited to the statutory maximum liability for damage caused by intent or gross negligence from its agents or representatives. If there is no intentional breach of contract, the maximum liability shall be generally limited to the usual and customary damage amounts.

5.3 In the event that ePages is responsible for a material breach in contract, its maximum liability shall be the statutory limits. This is generally limited to the usual and customary damage amounts.Unless otherwise agreed to in writing, all other liability is expressly and specifically excluded.

5.4 The liability provisions set out above are limited to 12 (twelve) months, beginning with delivery/handover of the eCommerce software.

 

6. LIABILITY

6.1 ePages specifically excludes any additional form of liability, beyond that specified above, independent of the legal nature of the issue. This particularly applies to liability for claims which existed at the time of the consummation of the contract, for other alleged contractual breaches or civil claims for property damage.

6.2 You acknowledge that German law shall apply to all claims arising from this ePages EULA. U.N. law on sales shall not apply.The place of jurisdiction shall be Hamburg, Germany.

6.3 All agreements representing a modification, supplement or concretization of this Service Agreement relating to the eCommerce software, and any special promises or agreements, shall not be valid unless put in writing and signed by both parties.

 


SECTION G – THE SSL CERTIFICATE SERVICE

Easily shall provide the SSL Certificate Service upon the following Service Terms and the General Terms and Conditions.

Please note that the only SSL Certificate provided by Easily is the GeoTrust SSL Certificate, provided by GeoTrust

 

1. THE SSL CERTIFICATE SERVICE

1.1 The SSL Certificate Service comprises of the provision of online support and submission of information to GeoTrust. Full details of the SSL Certificate Service is set out at the following link: geotrust.com/ssl/ssl-certificates-premium. All SSL Certificates ordered by You shall be issued within 24 (twenty four) hours of receipt of a full and accurate application for the applicable SSL Certificate, subject to the terms of the SSL Certificate Subscriber Agreement issued by GeoTrust (the “Subscriber Agreement") set out below.

1.2 In applying for an SSL Certificate, you expressly agree to be bound by the terms of the Subscriber Agreement.

1.3 By submitting Your Order for the SSL Certificate Service, You expressly agree (i) that You have provided Easily with authority to enter the Subscriber Agreement for the purposes of supplying You with the SSL Certificate Service and (ii) You shall comply with all terms of the Subscriber Agreement that apply to You as a purchaser and/or user of an SSL Certificate. You acknowledge that Easily may revoke, suspend or withdraw the SSL Certificate Service in the event that You are in breach of the SSL Subscriber Agreement.

 

2. GEOTRUST SSL CERTIFICATE SUBSCRIBER TERMS

References in the terms below to “Reseller” shall mean Easily.

YOU MUST READ THIS GEOTRUST SSL CERTIFICATE SUBSCRIBER AGREEMENT ("AGREEMENT") BEFORE APPLYING FOR, ACCEPTING, OR USING A GEOTRUST ENTERPRISE SSL, ENTERPRISE SSL PREMIUM, ENTERPRISE SSL WILDCARD, QUICKSSL, QUICKSSL PREMIUM, TRUE BUSINESSID, TRUE BUSINESSID WILDCARD, TRUE BUSINESSID WITH EXTENDED VALIDATION, POWER SERVER ID, OR POWER SERVER ID WILDCARD, (EACH, A “CERTIFICATE"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE THE CERTIFICATE. BY CLICKING "ACCEPT" BELOW OR BY ACCEPTING OR USING A CERTIFICATE, YOU AGREE TO BECOME A PARTY TO, AND BE BOUND BY, THESE TERMS. BY CLICKING "DECLINE", YOU INDICATE THAT YOU DO NOT AGREE TO THESE TERMS AND WILL NOT BE A GEOTRUST SUBSCRIBER.

ALL REFERENCES TO "GEOTRUST" IN THIS AGREEMENT SHALL MEAN THE SPECIFIC GEOTRUST ENTITY SPECIFIED ON THE HOMEPAGE OF THE WEBSITE ON WHICH YOU APPLIED FOR YOUR CERTIFICATE.

IF YOU ARE A CUSTOMER OF A RESELLER (AS DEFINED HEREIN), YOU REPRESENT AND WARRANT THAT YOUR RESELLER IS AUTHORIZED TO APPLY FOR, ACCEPT, INSTALL, MAINTAIN, RENEW, AND, IF NECESSARY, REVOKE THE CERTIFICATE ON YOUR BEHALF. BY AUTHORIZING YOUR RESELLER TO USE YOUR CERTIFICATE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, CONTACT GEOTRUST IMMEDIATELY AT THE TELEPHONE NUMBER SET FORTH IN SECTION 24 BELOW AND GEOTRUST WILL REVOKE THE CERTIFICATE.

IF YOU ARE A RESELLER AND ARE ACTING AS THE AUTHORIZED REPRESENTATIVE OF A CUSTOMER IN APPLYING FOR A CERTIFICATE, YOU REPRESENT AND WARRANT AS SET FORTH IN SECTIONS 8.2 AND 8.3. IF YOU ARE A RESELLER AND ARE APPLYING FOR YOUR OWN CERTIFICATE, THIS AGREEMENT APPLIES TO YOU IN ITS ENTIRETY, EXCEPT FOR SECTION 8.3.


1. Definitions

"Certification Authority" or "CA" means an entity authorized to issue, suspend, or revoke

Certificates. For purposes of this Agreement, CA shall mean GeoTrust.

"Certificate Application" means a request to a CA for the issuance of a Certificate.

Certification Practice Statement” or “CPS” means a document, as revised from time to time, representing a statement of the practices a CA employs in issuing Certificates. GeoTrust’s CPS is published at http://www.geotrust.com/resources/repository/legal.asp

Intellectual Property Rights” means any and all now known or hereafter existing rights associated with intangible property, including, but not limited to, registered and unregistered, United States and foreign copyrights, trade dress, trade names, corporate names, logos, inventions, patents, patent applications, software, know-how and all other intellectual property and proprietary rights (of every kind and nature throughout the universe and however designated).

"Licensed Certificate Option" shall mean the service option that grants a Subscriber the right to use a Certificate on one physical device and obtain additional Certificate licenses for each physical server that each device manages, or where replicated Certificates may otherwise reside. This option may not be available to you.

"GeoSure Protection Plan" shall mean the extended warranty program offered by GeoTrust, as detailed in the Repository.

"Relying Party" shall mean an individual or organization that acts in reliance on a Certificate and/or a digital signature.

"Relying Party Agreement" shall mean an agreement used by a CA setting forth the terms and conditions under which an individual or organization acts as a Relying Party, such as the GeoTrust Relying Party Agreement published in the Repository.

"Repository" shall mean the collection of documents located at the link for the repository which may be accessed from the homepage of the website from which you applied for your Certificate.

"Reseller" shall mean an internet service provider, a systems integrator, a web host, a technical consultant, an application service provider, or other entity that obtains Certificates for re-sale.

"Subscriber" means a person, organization, or entity who is the owner of or has the right to the device that is the subject of, and has been issued a Certificate, and is capable of using, and is authorized to use, the private key that corresponds to the public key listed in the Certificate at issue.

"GeoTrust Seal" shall mean an electronic image featuring a GeoTrust mark, which when displayed by you on your website indicates that you have purchased GeoTrust service(s)

"GeoTrust PKI” or “PKI" shall mean the Certificate-based public key infrastructure governed by the GeoTrust PKI certificate policies, which enables the worldwide deployment and use of Certificates by GeoTrust, its affiliates, their respective customers, Subscribers, and Relying Parties.

 

2. Description of the Certificate

The following applies to GeoTrust True BusinessID, True BusinessID Wildcard, Enterprise SSL, Enterprise SSL Premium, and Enterprise SSL Wildcard Certificates only: The Certificate for which you have applied on behalf of your organization is a fully-authenticated certificate within the GeoTrust PKI. These Certificates are issued to devices to provide authentication; message, software, and content integrity; and confidentiality encryption. Fully-authenticated Certificates provide assurances of the identity of the Subscriber based on a confirmation that the Subscriber organization does in fact exist. The Certificate also provides assurances that the Subscriber is entitled to use the domain name listed in the Certificate Application, if a domain name is listed in such Certificate Application.

The following applies to GeoTrust QuickSSL, QuickSSL Premium, Power Server ID, and Power Server ID Wildcard Certificates only: The Certificate for which you have applied on behalf of your organization is not a fully-authenticated Certificate within the GeoTrust PKI. These Certificates are issued to devices to provide validation of the domain (unless issued to an Intranet Server); message, software, and content integrity; and confidentiality encryption. These Certificates provide assurances of the validity of the domain (unless issued to an Intranet Server) and that the domain administrator has authorized the Certificate Application. No organization authentication is performed on the owner of the domain.

If you have applied for an Extended Validation Certificate, then GeoTrust will authenticate your Certificate according to the Extended Validation Certificate guidelines.

 

3. Processing the Certificate Application

Upon GeoTrust's receipt of the necessary payment and upon completion of authentication procedures required for the Certificate you have selected, GeoTrust will process your Certificate Application. If your Certificate Application is approved, GeoTrust will issue you a Certificate for your use in accordance with this Agreement. After you pick up or otherwise install your Certificate, you must review the information in it and promptly notify GeoTrust of any errors. Upon receipt of such notice, GeoTrust may revoke your Certificate and issue you a corrected Certificate.

 

4. Use Restrictions

You are prohibited from using your Certificate (i) for or on behalf of any other organization; (ii) to perform private or public key operations in connection with any domain and/or organization name other than the one you submitted on your Certificate Application; (iii) on more than one physical server or device at a time, unless you have purchased the Licensed Certificate Option; and (iv) for use as control equipment in hazardous circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, or weapons control systems, where failure could lead directly to death, personal injury, or severe environmental damage. If you are using the Licensed Certificate Option, you acknowledge and agree that this option can result in increased security risks to your network and that GeoTrust expressly disclaims any liability for breaches of security that result from the distribution of a single key across multiple devices.

GEOTRUST CONSIDERS THE UNLICENSED USE OF A CERTIFICATE ON A DEVICE THAT RESIDES ABOVE A SERVER OR SERVER FARM PIRACY AND WILL PURSUE VIOLATORS TO THE FULLEST EXTENT OF THE LAW. If you choose to display the GeoTrust Seal, you must install and display such seal only in accordance with the applicable GeoTrust Seal License Agreement published in the Repository.

 

5. Revocation

If you discover or have reason to believe there has been a compromise of your private key, or the information within your Certificate is incorrect or has changed, or if your organization name and/or domain name registration has changed, you must immediately notify GeoTrust. GeoTrust retains the right to revoke your Certificate at any time without notice if (i) GeoTrust discovers that the information within your Certificate is no longer valid; (ii) you fail to perform your obligations under the terms of this Agreement; or (iii) in GeoTrust's sole discretion, you have engaged in activities which GeoTrust determines are harmful to the PKI.


6. Obligations Upon Revocation or Expiration

Upon expiration or notice of revocation of your Certificate, you shall permanently remove your Certificate from all devices on which it is installed and shall not use it for any purpose thereafter. If you have installed a GeoTrust Seal in conjunction with the revoked Certification, then you shall remove such seal from your website.

 

7. Term of Service

This Agreement shall remain in effect until your Certificate has expired or is earlier revoked.

 

8. Representations and Warranties

8.1 GeoTrust Representations and Warranties

GeoTrust represents and warrants that (i) there are no errors introduced by GeoTrust in the Certificate information as a result of GeoTrust's failure to use reasonable care in creating the Certificate; (ii) its issuance of Certificates shall comply in all material respects with its CPS; and (iii) its revocation services and use of a Repository conform to its CPS in all material aspects.

 

8.2 Your Representations and Warranties

You represent and warrant to GeoTrust and Relying Parties that (i) all information material to the issuance of a Certificate you provide to GeoTrust in your Certificate Application is accurate; (ii) you will inform GeoTrust if the representations you made to GeoTrust in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third party; (iv) the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you have been (since the time of its creation) and will remain the only person possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authorized and legal purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you will not monitor, interfere with, or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the PKI, except with the prior written approval from GeoTrust, and shall not otherwise intentionally compromise the security of the PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the PKI, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party Agreement.

 

8.3 Reseller Representations and Warranties

Further to section 8.2, Reseller represents and warrants to GeoTrust and Relying Parties that (i) it has obtained the authority of its customer to enter into this Agreement on behalf of its customer and/or to bind its customer to this Agreement; and (ii) it shall comply with and procure its customer's compliance with this Agreement.

 

9. Fees and Payment Terms

This section does not apply to you if you purchased your Certificate from a Reseller. As consideration for the Certificate you have purchased, you shall pay GeoTrust the applicable service fees set forth on our website at the time of your selection, or, if applicable, upon receipt of an invoice from GeoTrust. All fees are due immediately and are non-refundable, except as otherwise stated below. All taxes, duties, fees and other governmental charges of any kind (including sales, services, use, and value-added taxes, but excluding taxes based on the net income of GeoTrust) which are imposed by or under the authority of any government on the service fees charged herein shall be borne by you and shall not be considered a part of, a deduction from or an offset against such service fees. All payments due to GeoTrust shall be made without any deduction or withholding on account of any tax, duty, charge, penalty, or otherwise except as required by law in which case the sum payable by you in respect of which such deduction or withholding is to be made shall be increased to the extent necessary to ensure that, after making such deduction or withholding, GeoTrust receives and retains (free from any liability in respect thereof) a net sum equal to the sum it would have received but for such deduction or withholding being required.

 

10. Refund Policy

GeoTrust shall provide refunds pursuant to its Refund Policy published on its website

 

11. Proprietary Rights

You acknowledge that GeoTrust and its licensors retain all Intellectual Property Rights and title in and to all of their confidential information or other proprietary information, products, services, and the ideas, concepts, techniques, inventions, processes, software or works of authorship developed, embodied in, or practiced in connection with the services provided by GeoTrust hereunder, including without limitation all modifications, enhancements, derivative works, configurations, translations, upgrades, and interfaces thereto (all of the foregoing, “GeoTrust Works”).

The GeoTrust Works do not include your pre-existing hardware, software, or networks. Except as otherwise expressly provided herein, nothing in this Agreement shall create any right of ownership or license in and to the other party’s Intellectual Property Rights, and each party shall continue to independently own and maintain its Intellectual Property Rights.

 

12. Modifications to Subscriber Agreement

GeoTrust may (i) revise the terms of this Agreement; and/or (ii) change part of the services provided herein at any time. Any such change will be binding and effective thirty (30) days after publication of the change on GeoTrust's websites, or upon notification to you by e-mail. If you do not agree with the change, you may terminate this Agreement at any time by notifying GeoTrust and requesting a partial refund of fees paid, prorated from the date of termination to the end of the service period. By continuing to use GeoTrust services after such change, you agree to abide by and be bound thereby.

 

13. Privacy

GeoTrust will treat and process the data you provide in your Certificate Application in accordance with the GeoTrust Privacy Policy, as amended from time to time and accessible from the home page of the website from which you enrolled for your Certificate. GeoTrust may place in your Certificate information that you provide in your Certificate Application. GeoTrust may also (i) publish your Certificate and information about its status in the Repository; and (ii) use such information for the purposes set out in this Agreement and in the GeoTrust Privacy Policy. If you are a Reseller acting on behalf of a customer, you warrant that you have all necessary rights (including consents) to provide your customer information to GeoTrust. You are aware that GeoTrust will process and/or transfer the information you provide in your Certificate Application in the United States and in other jurisdictions where GeoTrust maintains a presence. For further information on processing of customer data, please see our Privacy Policy.

 

14. Disclaimers of Warranties

EXCEPT FOR THE EXPRESS LIMITED WARRANTIES CONTAINED IN SECTION 8 OR THE GEOSURE PROTECTION PLAN, GEOTRUST DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION OF CUSTOMER REQUIREMENTS, NONINFRINGEMENT, AND ANY WARRANTY ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

15. Indemnity

You agree to indemnify, defend and hold harmless GeoTrust, its directors, shareholders, officers, agents, employees, successors and assigns from any and all third party claims, suits, proceedings, judgments, damages, and costs (including reasonable attorney's fees and expenses) arising from (i) the breach of any of your warranties, representations and obligations under this Subscriber Agreement, (ii) any falsehoods or misrepresentations of fact you make on the Certificate Application, (iii) any infringement of an Intellectual Property Right of any person or entity in information or content provided by you, (iv) failure to disclose a material fact on the Certificate Application if the misrepresentation or omission was made negligently or with intent to deceive any party, or (v) failure to protect the private key, or use a trustworthy system, or to take the precautions necessary to prevent the compromise, loss, disclosure, modification or unauthorized use of the private key under the terms of this Agreement.

GeoTrust shall promptly notify you of any such claim, and you shall bear full responsibility for the defense of such claim (including any settlements); provided however, that (a) you keep GeoTrust informed of, and consult with GeoTrust in connection with the progress of such litigation or settlement; (b) you shall not have any right, without GeoTrust’s written consent, which consent shall not be unreasonably withhold, to settle any such claim if such settlement arises from or is part of any criminal action, suit or proceeding or contains a stipulation to or admission or acknowledgement of, any liability or wrongdoing (whether in contract, tort, or otherwise) on the part of GeoTrust, or requires any specific performance or non-pecuniary remedy by GeoTrust; and (c) GeoTrust shall have the right to participate in the defense of a claim with counsel of its choice at its own expense. The terms of this Section 15 will survive any termination of this Agreement. As a Relying Party, you agree to indemnify, defend and hold harmless GeoTrust, its directors, shareholders, officers, agents, employees, successors and assigns from any and all third party claims, suits, proceedings, judgments, damages, and costs (including reasonable attorney's fees and expenses) arising from (i) your failure to perform the obligations of a Relying Party as set forth in the applicable Relying Party Agreement; (ii) your reliance on a Certificate that is not reasonable under the circumstances; or (iii) your failure to check the status of such Certificate to determine whether the certificate is expired or revoked.


16. Limitations of Liability

16.1 THE MOST THAT GEOTRUST MUST PAY YOU UNDER THE GEOSURE PROTECTION PLAN IS THE AMOUNT DETERMINED UNDER THE PLAN. THE LIMITATIONS ON DAMAGES AND PAYMENTS IN THIS SECTION 16.1 DO NOT APPLY TO REFUND PAYMENTS.

16.2 THIS SECTION 16.2 APPLIES TO LIABILITY UNDER CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING NEGLIGENCE AND/OR STRICT LIABILITY), AND ANY OTHER LEGAL OR EQUITABLE FORM OF CLAIM. IF YOU INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING SEPARATE FROM A REQUEST FOR PAYMENT UNDER THE GEOSURE PROTECTION PLAN RELATING TO SERVICES PROVIDED UNDER THIS AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, GEOTRUST SHALL NOT BE LIABLE FOR (I) ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS. GEOTRUST'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND ANY THIRD PARTY FOR ANY USE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, IN THE AGGREGATE, TO ONE HUNDRED THOUSAND U.S. DOLLARS (US$100,000) OR THE EQUIVALENT IN LOCAL CURRENCY. THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTION 16.2 SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE. THIS SECTION 16.2 DOES NOT LIMIT REFUND PAYMENTS OR PAYMENTS UNDER THE GEOSURE PROTECTION PLAN.

NOTWITHSTANDING THE FOREGOING, GEOTRUST’S LIABILITY SHALL NOT BE LIMITED UNDER THIS SECTION 16 IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM GEOTRUST’S NEGLIGENCE OR TO ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF ANY APPLICABLE JURISDICTION). TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

17. Force Majeure

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder (excluding payment obligations) due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of such party, provided that the party relying upon this Section 17 (i) gives prompt written notice thereof; and (ii) takes all steps reasonably necessary to mitigate the effects of the force majeure event; provided further, that in the event a force majeure event extends for a period in excess of thirty (30) days in the aggregate, either party may immediately terminate this Agreement upon written notice.

 

18. Compliance with Law, Export Requirements, and Foreign Reshipment Liability

Both parties shall comply with all applicable federal, state and local laws, regulations, and export requirements in connection with their obligations under this Agreement. Regardless of any disclosure you make to GeoTrust of an ultimate destination of any service component acquired from GeoTrust and, notwithstanding anything contained in this Agreement to the contrary, you will not modify, export, or re-export, either directly or indirectly, any technical data provided by GeoTrust without first obtaining any and all necessary licenses from the United States government or agencies thereof or any other country that requires an export license or other governmental approval at the time of modification, export, or re-export. GeoTrust shall have the right to suspend performance of any of its obligations under this Agreement, without any prior notice being required and without any liability to you, if you fail to comply with this provision.

 

19. Severability

If any provision of this Agreement should be found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained shall not, in any way, be affected or impaired thereby.

 

20. Governing Law

Any disputes related to the services provided under this Agreement shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, excluding its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

 

21. Dispute Resolution

To the extent permitted by law, before you invoke any dispute resolution mechanism with respect to a dispute involving any aspect of this Agreement, you shall notify GeoTrust, and any other party to the dispute for the purpose of seeking resolution. If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed in accordance with the following: (i) When each party to the dispute is a Canadian or U.S. resident or organization situated or doing business in Canada or the United States. All suits arising in connection with this Agreement shall be brought in the United States District Court for the Eastern District of Virginia or the state courts of Fairfax County, Virginia, U.S.A. The parties agree that such courts shall have exclusive in personam jurisdiction and the parties submit to the exclusive in personam jurisdiction and venue of such courts. The parties further waive any right to a jury trial regarding any action brought in connection with this Agreement. (ii) Where one or more parties to the dispute is not a Canadian or U.S. resident or organization situated or doing business in Canada or the United States. All disputes arising in connection with this Agreement shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (ICC) as modified as necessary to reflect the provisions herein by one or more arbitrators. The place of arbitration shall be in Geneva, Switzerland, and the proceedings shall be conducted in English. In cases involving a single arbiter, that single arbiter shall be appointed by mutual agreement of the parties. If the parties fail to agree to an arbiter within fifteen (15) days, the ICC shall choose an arbiter knowledgeable in computer software law, information security and cryptography or otherwise having special qualifications in the field, such as a lawyer, academician, or judge in common law jurisdiction. Nothing in this Agreement will be deemed as preventing either party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the parties and the subject matter of this dispute as is necessary to protect either party's Intellectual Property Rights.


22. GeoSure Protection Plan

You may be covered by the most current version of the GeoSure Protection Plan, the details of which are published in the Repository. Under this Plan, GeoTrust will pay you for certain damages arising from the breach by GeoTrust of one or more of the limited warranties in the GeoSure Protection Plan, up to the limits set forth therein.

 

23. Assignment

Except as stated otherwise, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights herein, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at GeoTrust's option. GeoTrust may assign and subcontract its obligations under this Agreement to an entity which directly or indirectly controls, is controlled by, or is under common control with GeoTrust, Inc.


24. Notices and Communications

You will make all notices, demands or requests to GeoTrust with respect to this Agreement in writing to the "Contact" address listed on the website from where you purchased your Certificate, with a copy to: General Counsel, GeoTrust, Inc., 487 E. Middlefield Road, Mountain View, California, USA 94043. References to telephone numbers above shall mean 1-650-426-3400.

 

25. Entire Agreement

This Agreement, the Seal Agreement (if you choose to display a Seal), and if you are a Reseller, your Reseller agreement with GeoTrust, constitute the entire understanding and agreement between GeoTrust and you with respect to the transactions contemplated, and supersedes any and all prior or contemporaneous oral or written representation, understanding, agreement or communication relating thereto. Terms and conditions in any purchase orders that are not included in or that conflict with this Agreement are null and void.


26. Third Party Beneficiary Rights

You agree that Microsoft, Inc. shall be an express third party beneficiary of the obligations contained in this Agreement.


27. For all Customers Who Are Not Customers of GeoTrust, Inc.

In accepting this Agreement you agree to the use of your data and information in accordance with Sections 13.

 

 

SECTION H - SEARCH ENGINE SUBMISSION SERVICES

Easily shall provide the Search Engine Submission Services upon the following Service Terms and the General Terms and Conditions. Please note that the Search Engine Submission Services are only available to You if You are renewing your existing Search Engine Submission Service. The Search Engine Submission Services are not available to new customers or to customers who are not renewing.

 

1. THE SEARCH ENGINE SUBMISSION SERVICE

1.1 The Search Engine Submission Service comprises submission of Your website to the top global and regional search engines every month for the duration of the Search Engine Submission Service. Easily reserves the right, at its sole discretion, to delay this submission. Full details of the Search Engine Submission Services and the search engines that are applicable is set out at the following link: easily.co.uk/searchengine-submission

1.2Easily reserves the right to alter the number and identity of the search engines to which we submit at any time, as well as the regularity of submission.

1.3 All submissions and reports are based upon information that You originally supplied or subsequently altered. Easily accepts no liability arising from any incorrect submissions or delivery of reports. It is Your ongoing obligation to ensure that the correct URL(s) are being submitted and the reports are going to the correct email address.

1.4 The Search Engine Submission Service is a submission service only and in this respect no guarantees can be given in respect of the placing of Your web site in the search engines.

1.5 Easily reserves the right in our sole discretion to edit, refuse to post or remove any information or materials which violate the General Terms of Service in whole or in part, without notice at any time.

1.6 Easily hereby grants You a non-exclusive, non-transferable right to use Easily’s software and systems that form part of the Search Engine Submission Service for the sole purpose of creating and maintaining website data on such server. You also acknowledge and agree that the Search Engine Submission Service is intended for access and use by means of web browsing software, and that Easily does not commit to support any particular browsing platform.

1.7 Easilyreserves the right at any time to revise and modify its software and systems, including alterering features, specifications, capabilities, functions, and other characteristics of its software And systems, without notice to You. If any such revisions or modifications materially degrades the Search Engine Submission Service provided to You then Your sole remedy is to terminate this Agreement and obtain a pro rated refund of any Fees paid by You in respect of any unused part of the Search Engine Submission Service.

 

2. YOUR OBLIGATIONS

2.1 You may not interfere with or disrupt the Search Engine Submission Service or our servers or any network connected to our servers.

2.2 Easily does not claim ownership of the materials provided to us by You (including feedback and suggestions) or that You, upload, input or submit in connection with Your use of the Search Engine Submission service or any website created by You or on Your behalf in connection with the use of the Search Engine Submission Service (collectively "Submissions"). However, You grant to Easily a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submissions, and to publish Your name in connection with Your Submissions) Your Submissions only in connection with the operation of the Search Engine Submission Service and the promotion of Easily (including the right to sub-licence such rights). You also grant Easily the right to publish Your name in connection with any such use.

2.3 No compensation will be paid or due to You with respect to Easily’s or its sub-licensee's use of Your Submissions as licensed above. Easily is under no obligation to post or use any of Your Submissions and may remove such materials at any time in its sole discretion. By submitting Your Submissions or engaging in any other form of communication with or through Easily’s systems, You represent and warrant that you own or otherwise have the right to do so and to grant the license set forth above. You will indemnify Easily and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties

 


SECTION I – AFFILIATE SCHEME SERVICES

Easily has partnered with Affiliate Window (Digital Window Limited) to provide You with the Affiliate Scheme Services. To obtain the Affiliate Scheme Services, You must register with Affiliate Window via the following link:darwin.affiliatewindow.com/merchant-profile/1499to create a user account and agree Your acceptance of Affiliate Window’s terms and conditions.

The Affiliate Scheme Service is provided in its entirety by Affiliate Window under an agreement directly between You and Affiliate Window. Accordingly, Easily has no liability to You for the Affiliate Scheme Service which is the sole responsibility of Affiliate Window. Easily are only responsible for providing You with the opportunity to partner with Affiliate Window.

Please do not rely on any promises or claims written or verbally made by Affiliate Window to the extent that they purport to bind Easily to any terms, conditions, claims or promises that relate to the provision of the Affiliate Scheme Service.


SECTION J - CANCELLATION POLICY AND FORM

Easily believes in helping its customers as much as possible. This sets out your rights to cancel any product or service you order from Easily.

 

Domain Names

Domain names are registered by Easily upon your specific instructions and to your specifications. Accordingly, if you are acting as a consumer, domain name registrations fall outside of the cancellation rights set out in the Consumer Contracts (information, cancellation, and additional charges) Regulations 2013 (“Regulations”) and the cancellation right that apply. However, notwithstanding this, Easily will process any cancellation request relating to a domain name registration and/or renewal provided the request is made in accordance with this Cancellation and Refund Policy and is made within 5 (five) working days of the date Easily confirmed your order. Easily shall refund the entire cost of any validly cancelled domain name registrations and/or renewals. Refunds shall be processed and payment made within 5 to 10 working days of the confirmation of the refund by Easily.

 

Services Provided by Easily


Easily 30-day Promise

All of our services packages include a 30 day money back guarantee. If you’re unhappy for whatever reason we will be happy to refund your money within the first 30 days from date of purchase.

 

All Easily Services, excluding domain name registrations and/or renewals, come with the “Easily 30 day price promise”.You may cancel any order and receive a full refund for the cancelled service provided you request a cancellation in accordance with this Cancellation and Refund Policy and it is made within 30 (thirty) working days of the date Easily confirmed your order.Easily shall refund the entire cost of any validly cancelled service. Refunds shall be processed and payment made within 5 to 10 working days of the confirmation of refund by Easily.

If you have used the service that has been cancelled, you shall immediately stop use of the service and Easily shall be entitled to prohibit any further access to you.

No cancellation and refunds shall apply outside of the dates set out above. Refunds shall be made to the payment method originally used by you in the original order.

 

How to Cancel your Order

All cancellation requests must be made in writing and be sent to our support team by e-mail to support@easily.co.uk or via a ticket by clicking here. Additionally, we have provided a template cancellation form below.You do not have to use this form to request a cancellation but doing so provides us with all of the information we need to process the cancellation quickly. Regrettably, we are not able to process cancellation requests by telephone.Easily is not responsible for any cancellations not processed in accordance with this Cancellation and Refund Policy.

In all cancellation requests, please include your order number (sent to you via email after ordering). Whilst you do not have to provide any explanation as to why you are cancelling, we would to understand your reasons for doing so and kindly request that you provide us with that information. We take customer feedback very seriously and use it to improve our products and quality of service.

Following a cancellation request, you shall receive an automated email from support@easily.co.uk confirming receipt. We shall process the cancellation request as soon as possible.

It is important that you verify your username and answer to the security question of the account through which the purchase was made so we can identify you and ensure that the cancellation request is properly authorised.

-----------------------------------------

Customer Order Cancellation Form

To: Easily Limited

25 Canada Square

Canary Wharf

London

E14 5LQ

Date:

 

Dear Easily Customer Support,

Subject: Request to Cancel Order

I recently entered into an agreement detailed in the table below.

I herby give notice to cancel the supply of the services and/or goods outlined in the table below.

I require written confirmation from you that the agreement has indeed been cancelled and that no further payment will be claimed by you or that any payment associated with this agreement already taken will be refunded.

 

Customer Account Contact Details (Please Complete)

Name

 

Address

 

Account Username

 

Answer to Security Question

 

Email address

 

Phone Number

 

Details for the order you wish to cancel

Order Invoice Number

 

Order date (DD/MM/YYYY)

 

Order Details (domain and or product)

 

Order Value

 

Order completed through Easily website

YES

 

NO

 

Order completed through Easily Customer Support (via phone)

YES

 

NO

 

Reason for cancellation

 

 

 

 Yours faithfully,

[Your signature – please print]

 

[Your name – please print]

 

 

SECTION K - ACCEPTABLE USE POLICY 

1. This is the acceptable use policy (the “Policy”) of Easily Limited and applies to all the Services that Easily provides to its customers.

2. In this Policy, the following definitions apply:

Data” means information, documents, text, software, music, sound, photographs, graphics, video, messages and other materials of any kind and in any form, format or media;

Transmit” means use, facilitate (for example by operating chatroom, discussion groups, FTP sites) generate, link to, upload, post, publish, download,store, disseminate, email, send or receive via or in any way connected with our goods or services.

3. We do not actively monitor, censor or directly control any Data generated, stored, transmitted or used in connection with our services including content displayed on websites or material sent by email. It is your responsibility to fully comply with this Policy. If, however, it comes to our attention that this Policy has been or may be breached, we may suspend, disable or terminate any access you have to any Data that is generated, stored, transmitted or used in connection with our services.

 

Policy Terms

4. You must not Transmit any Data, or otherwise use our products or services, or carry out any acts or omissions in any way connected with our products or services (including without limit registration or use of domain names registered through us, hosted on our names servers, or for which we or a member of the NetNames Group is registrar) in a manner which we consider, in our discretion, in any way involves or includes or relates to:

a) conduct that is unlawful (including breach of any applicable laws, statutes, regulations, standards or codes of conduct whether or not compulsory), harmful, threatening, a nuisance, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, invasive of another's privacy, hateful, inflammatory, racially, ethnically or otherwise objectionable;

b) the infringement of intellectual property or other rights of any third party;

c) viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any software, hardware or Data;

d) junk mail, spam, chain letters, pyramid schemes or any similar or fraudulent schemes or any inappropriate form of solicitation; or collection of the responses to any such schemes or solicitation;

e) the forging of headers, manipulation of identifiers or otherwise disguising the origin of any Data;

f) the provision of false or misleading information;

g) denial of service attacks including (without limit) mailbombing, news bombing, trolling, (posting outrageous messages to generate numerous responses), other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity designed to cause a computer crash;

h) attempting to or gaining unauthorized access to, or interfering with or damaging, our or any third party's computer or Data including (without limit) any attempt to breach authentication or security measures or any attempt to probe, scan or test the vulnerability of a computer system;

i) unauthorized monitoring or interception of Data;

j) potential or actual interference with or disruption to our computers or services to other customers including excessive use of our server resources or other services;

k) violation of acceptable use or similar policies of any internet service providers or connected networks (eg sending unsolicited commercial e-mail via our services to the subscribers of any internet service provider that disallows unsolicited commercial e-mail);

l) damage to our commercial reputation;

m) breach of generally accepted standards of .netiquette. or norms of the internet community.

n) the provision of any incorrect or incomplete name, address, email address or telephone number or any other false information otherwise enter information intended to conceal your identity; or

o) attempting to reverse engineer, de code or in any way disassemble any software provided in relation to the provision of services.

 

Changes to this Policy

5. We may vary this policy at any time by varying this page and you are advised to regularly check this Policy for updates. Any changes to the Policy are automatically binding upon you.

(Last updated 22nd February 2016)

 

SECTION L - PRIVACY POLICY

This website is provided by Easily Limited (also known as "Easily.co.uk").

Easily Limited (hereinafter referred to as Easily) is committed to protecting the privacy of its customers. This privacy policy applies to the websites managed by Easily (including but not limited to Easily.co.uk and all subdomains of these) as well as the services and products provided through those sites. From to time we may make alterations to our website and to the products and services provided through it. This, and our commitment to protecting the privacy of your personal information may result in periodic changes to the privacy policy. Any such changes will be posted on this page and we would ask that you refer back to it regularly in order to review any amendments.

Use of the Easily websites and services indicates your consent to the collection and use of information as described below.

Any questions which you may have regarding this privacy policy should be directed to helpdesk@easily.co.uk



1.What information is collected and how is it used?

We ask you to supply certain information when you sign up with us as a customer. This information includes your name, the name of your business (if applicable), your postal address, email address, telephone number, fax number (if applicable) and how you heard of us. This information will be used in the management of our own database and to enable us to contact you about the service you have requested (for example, to confirm the registration of a domain name or to inform you of the need to renew your registration when it expires).

We may also use your email address to send you our regular Easily newsletters. If you wish you may opt out from receiving these newsletters (see "Easily Newsletter" below).

 

2. Do we share the information with anyone else?

Easily will not, without your consent, divulge your personal information to a third party except in the following circumstances:

  • in order to register a domain name we are required to send your name, business name (if applicable), postal address and email address to organisations that formally record the registration; this information may be available to others via a "Whois" search;
  • if required to do so by law or by any organisation with appropriate authority;
  • if you have signed up for optional services which require us to pass your personal information to another company (see "Optional Services" below);
  • to any financial institution with whom we hold an account for the purpose of verifying credit status and / or validating financial transactions;
  • we may provide aggregate statistics about our sales, customers, traffic patterns and other site information to third parties, but these statistics will not include any information that could personally identify you;
  • in order to assist us in understanding our customer base some anonymous information (i.e not name or specific address) may from time to time be passed on to a third party for data analysis. If you do not wish your details to be utilised in this way you should follow the instructions on the page where you submit your details or contact the helpdesk;
  • as part of a sale or transfer of the shares and/or assets of Easily Limited;
  • in order to help customers complete abandoned orders, using any information you enter into our Site.

In addition, when you use our website we store information you enter on to our website including your IP address and may use this information to administer our website and help to diagnose any network or server problems. Our website uses cookies to keep track of your use of our website and e-commerce system. Information passed to us from your web browser may be stored and used for our internal statistical analysis. We may also automatically collect non-personal information about you such as the type of internet browsers you use or the site from which you linked to our website. You cannot be identified from this information and it is only used to assist us in providing an effective service on our website.


3. Credit Cards

Credit card payment for our services is processed by our secure payment service provider. We do not record your credit card details on our database and the payment service provider does not record any other information about you.


4. Easily Newsletter

From time to time Easily will send newsletters to those customers who have opted to be included on our various customer mailing lists. New customers have the opportunity to decide to opt in or out of these mailing lists when they first sign up with us to create an account. Existing customers or other people who are interested in the newsletters may opt in or out on the Easily.co.uk website or by sending an email request to ourhelpdesk support team.


5. Optional Services

From time to time Easily will offer additional services to our customers. In some cases these services may require us to pass personal data held by us to a third party. Any such service will be optional and the opt-in process will clearly show that personal data will be shared with another company.


6. How long will we hold data on you?

Easily will not hold data for longer than is reasonably necessary for the purposes of the proper conduct of its business or as required by law.


7. Where is the data we hold stored?

Information which you submit via our website is stored on a computer and sometimes on paper at our offices located in the European Economic Area. This is necessary in order to process the information and to send you any information you have requested.


8. Security

Easily places great importance on the security of all information associated with its customers and has security measures in place to attempt to protect against the loss, misuse and alteration of customer data under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to user information. With regard to our website, we may use secure server software (SSL) to encrypt information you input before it is sent to us. While we cannot ensure or guarantee that loss, misuse or alteration of data will not occur, we use our best efforts to prevent this.


9. Links to Other Sites

The Easily website contains advertising and links to other websites. No personal information is passed to other websites if you follow one of these links. Easily is not responsible for the privacy practices or content of linked websites. We would encourage you to read the privacy statements of other websites, since their privacy policy may differ from ours.


10. Changes to Personal Information

If you need to change the information that we keep, for example because you have moved or to correct an error, pleasecontact us.


11. Consent

Use of the Easily.co.uk website and services indicates your consent to the collection and use of information as described in this policy. Any changes to the policy will be posted on this page.


12. Cookies

By using our website, you consent to our Cookie Policy.Learn more


13. Governing Law

Easily Limited is a UK company and this privacy policy is intended to be interpreted under English law.



This website uses cookies to help us improve your experience of the website. Cookies are small files placed on your computer's hard drive, or in your browser memory, when you visit. They help us find out what parts of the site you visit, what you like and what is most relevant to you. What cookies do not do is store any personal or confidential information about you. To ensure you get the best from our website, we advise that users keep cookies active on their machine whilst visiting our website.

This website uses cookies specifically as follows:

i. Session cookies - session cookies last only for the duration of your visit and are deleted when you close your browser. No personally-identifiable data is collected. We store one session cookie which enables us to identify that the same person is moving from page to page.
ii. Persistent cookies - we also use certain cookies that are persistent, meaning that they last beyond your session enabling us to improve your experience of the website

iii. Analytical cookies – we use analytical cookies to track how popular our site is to record visitor trends over time. This site uses Google Analytics and Clicky Analytics. Google and Clicky Analytics uses cookies to help track which pages are accessed. These cookies contain no personally-identifiable information, but it does use your computer's IP address to determine where in the world you are accessing the site from, and to track your page visits within the site.

Google Analytics

Cookie Name

 

 

Description

 

 

 

_utmz

 

 

records whether the visitor came from a search engine (and if so, the search keyword used), a link, or from no previous page

 

 

_utmb and _utmc

 

 

used to check approximately how fast people leave the site, when a visit starts, and the approximate end of the visit

 

 

_utma

 

 

stores the amount of visits (for each visitor), the time of the first visit, the previous visit, and the current visit

 

 

_utmx and _utmxx

 

 

used to remember which test variation a user sees

Clicky Analytics

Cookie Name

 

 

Description

 

 

_jsuid

 

 

This is a random number that is generated the first time you visit the Site. Its sole purpose is to better identify new and unique visitors to a web site.

 

 

_eventqueue

 

 

The purpose of this cookie is to store events in a queue so on the subsequent page view, these events can be processed and logged.

 

 

_custom_data_[key]

 

 

This cookie only gets set if you are using our custom data tracking feature. Whenever you set custom data for a session, we put it in a cookie so every time that visitor comes back to your site in the future, the same data will get attached to their new session even if they don't login or follow whatever process was used to originally declare these variables.

 

 

_referrer_og

 

 

This cookie stores the external referrer for a visitor, so that on future visits the same referrer will be attached to their sessions.

 

 

_utm_og

 

 

This cookie stores dynamic (UTM) campaign variables, so that on future visits the same campaign data will be attached to their sessions.

 

 

_first_pageview

 

 

This cookie is set on the first page view of a session. It is used to make the tracking code more efficient

 

 

heatmaps_g2g_[site_id]

 

 

This cookie tells the tracking code to log data about where a visitor is clicking on a site to send back to our servers and later used to generate a heatmap report of clicks on that page.

 

 

unpoco_[site_id]:

 

 

This sends "pings" when a visitor sits on a single page. This allows the Service to more accurately track "time on site" values.

 

 

no_tracky_[site_id]:

 

 

This cookie is set whenever data is sent in for a site that is disabled.

 

 

clicky_olark:

 

 

This cookie gets set if you are using chat in combination with Clicky. It contains a unique ID information for the visitor. This cookie is sent to the Service, which is needed in order to initiate the chat process


Opting out of cookie usage:

i. You can stop third party cookies (such as those we use for Google Analytics and Clicky Analytics) being stored on your computer by blocking third party cookies from within your browser. For further information, please refer to your browser’s help section or user guide.
ii. Alternatively, if you wish to keep your cookie settings but want to opt-out of Google Analytics tracking, you can download an add-on here.
iii. Clicky Cookies can be disabled by the following the instructions at http://clicky.com/help/custom#cookies_disable

Additional information:

i. From time to time, we may embed external content from third party websites (e.g. Facebook, YouTube) within our site. These websites may utilise cookies and the privacy policy that will apply to such third-party content will be published on the website of that third-party content provider.
ii. Like many other companies we use remarketing features whereby third party vendors (including Google) display Easily.co.uk's adverts on sites on the internet and use cookies to serve adverts based on a user's prior visits to the Easily.co.uk website.

 

Please visit our Help Centre if you have any queries regarding our T&Cs