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General terms and conditions for customers of AB NameISP
AB NameISP (hereinafter referred to as NameISP) supplies domain names, web space, web pages/web locations, training and other Internet services such as e-mail accounts and forwarding of domain names. In order to become a customer of AB NameISP and use our services, these terms and conditions must be approved in full. A customer is a physical adult person or a juridical person. If the physical person is not an adult, their guardian is responsible and their signature is a requirement. Please read the Frequently Asked Questions for explanations of a number of words and abbreviations.
1. NameISP’s rights and obligations NameISP guarantees to:
a) Perform its obligations as per the relevant laws and ordinances
b) Supply services with the accepted level of service and skill
NameISP is entitled to:
a) Change its equipment and software at any time, as long as our degree of service does not deteriorate.
b) Remove, change and prevent public access to all or parts of a customer’s account where it obviously breaks the terms of acceptable usage or its use or activities are illegal.
c) Report any illegal activity via NameISP services to the police.
d) Contact customers that do not follow the rules for established accounts (e.g. in the event of increased traffic to a website, a new agreement must be signed).
e) NameISP has the right to do a credit report before we accept any orders.
2. The customer’s rights and obligations The customer always guarantees to observe the following:
a) To carefully read and abide by the agreements and rules that apply to registration and use of NameISP services.
b) To use agreed services in accordance with the current laws, rules and ordinances.
c) To ensure that third parties are not entitled to remove or change the customer’s assets from the supplier’s place of business in accordance with agreed terms.
d) The customer undertakes to abide by the terms that apply to the area, e.g. hacking into networks, illegal distribution and publication, unwanted e-mail advertising (‘spam’) or any other use that NameISP regards as offensive or unacceptable.
e) Different types of continuous transfer of files with ftp or similar applications to NameISPs servers, which is not releated to updating of homepages, are not acceptable (example webcam functions where an image is updated every 30 seconds).
3. Payment terms Payment for services is binding once the customer has approved these terms and conditions in connection with an order for any of the services offered by NameISP. This agreement is approved once you click the “I have read and accept the terms and conditions” button. Some services require approval of other agreements. NameISP undertakes to supply these agreements to the customer for their approval at the time of order and registration.
There is no right to a cooling-off period once AB NameISP has received the order and order processing has commenced. The wording of the act (in Swedish) can be found in its entirety at: http://www.notisum.se/rnp/SLS/lag/20000274.HTM
Excerpt from the act: 14 § “For distance agreements, the consumer is not entitled to a cooling-off period if the agreement is for
1. a service and implementation has commenced with the consumer’s consent prior to the cooling-off deadline.”
The customer pays NameISP for the services the customer has ordered in accordance with the current price list until the day the service is cancelled in writing or cancelled via a valid login to the customer’s own administration website supplied by NameISP. (When cancellation is made in writing, the date NameISP receives the letter will apply as the cancellation date). Prices can be adjusted with 10 days’ notice. However, this does not affect parties who already have an ongoing agreement.
Invoice
If the customer has chosen to pay for the ordered services by invoice, it must be paid within 10 days. Invoices can be paid using the postal giro number or bank giro number AB NameISP specifies on the invoice. In the event of late payment, NameISP is entitled to charge a further SEK 50 as a late-payment fee. If the payment has not arrived within 30 days, NameISP is entitled to take the matter further to a debt collection agency/enforcement office, which will result in further costs for the customer.
Repayment
NameISP is not responsible for customers who have not used their services and will not repay any money for unused services.
When crediting PayPal purchases, a fee of 3.4% + €0.35 EUR for each credit will be taken.
Advance payment
When a customer orders high volumes, NameISP is entitled to demand advance payment. If a customer chooses advance payment as their payment method, ordered services will not be activated until NameISP has received payment. NameISP can also demand advance payment from the customer in other cases.
4. Domain name registration When a customer of NameISP registers a domain name, the customer also approves the general terms and conditions and agreement of the top-level domain (the registrant). Contact NameISP if the terms and conditions for the relevant top-level domain are not present at the time of registration. All gTLD and .nu come under the terms of UDRP: http://www.icann.org/udrp/udrp-policy-24oct99.htm
The terms for .se can be found at the following URL: http://www.se/pdf/allmanna_villkor040706.pdf or http://www.nameisp.com/se.htm
The terms for .it can be found at the following URL: http://www.nic.it/NA/regole-naming-curr-engl.txt
These terms must be approved when ordering domain registration.
NameISP acts as the invoice contact for all domains registered under .se from 06-05-2004 inclusive.
This means that if the owner wants to retain the domain name for the next period(s), NameISP pays the annual fee to II Foundation. The owner then also receives an invoice from NameISP for year 2, 3 etc... The cost for year 2 is currently SEK 260 excluding VAT. This includes II Foundation’s fee and an administrative fee from NameISP.
The obligatory (hidden) e-mail address is held by NameISP.
Our tasks will then be the following:
- At the request of the owner, carrying out address updates for domain names.
- Carrying out redelegation of name servers for the owner
- Receiving and forwarding all information II Foundation sends out to the owner via obligatory e-mail.
The fact that NameISP is the contact person will not be shown in Whois. It is only the hidden e-mail address that is for NameISP.
NB!!!
.se domains which NameISP registered before 03-05-2004 must be updated via the following URL:
http://www.iis.se/domaner/autoompekning.shtml
A single-use password must be used for updating, and this will be sent to the hidden e-mail address (the owner’s).
It is the customer’s responsibility to ensure that information on a domain name is correct. NameISP takes no responsibility for the consequences of any out-of-date contact information. Of course, NameISP offers services that involve administration of all contact information and technical information for domain names, for which there is a separate agreement.
Local contact
NameISP can not be held responsible for any third party acting as local contact to fulfill registration requirement for domain names. As example if the third part goes bankrupt, is sold out or acts unsuitable in any way.
NameISP cannot be held resposible for decisions made by the registry that can affect the domain names. Because domain names can be deleted the customer accepts all risks associated with these kinds of registrations. If this would ever happen we will help as much possible to correct any problems. NameISP will not pay any damages that can result from these thirdparty registrations.
Customers should make sure that the registration is completed correctly, despite having received confirmation. This can be done easily using the NameISP search engine. It takes around 24-48 hours before this information will be visible. NameISP undertakes to register gTLD directly using an ICANN Accredited Registrar and ccTLD directly using the registrant or one of its approved representatives.
The contact information specified will be publicly accessible via the Internet at the relevant registrant for the top-level domain. For example, if you register a .se domain, the contact information will be available/handled at both NameISP and the registrant for .se, which in this case is II Foundation. If the customer does not want this information to be public via the Internet, please contact NameISP.
The customer and the contact persons specified in the domain name registration therefore approve personal information and contact information being publicly accessible via the Internet. The user/purchaser is obliged to provide information on the above and to have the permission of any contact persons specified.
DNS redelegation is free up to three times per year and domain name.
5. Registration and use of customer information The contact information with which the customer registers will be used by NameISP in the form of an internal customer register. Customers thus approve NameISP to use this information in communication between the parties. NameISP undertakes not to divulge information on customers to external parties. There is a general duty of confidentiality at NameISP.
6. NameISP’s responsibilities and freedom from liability NameISP makes back-up copies of customer files for the website, with a good margin. Nevertheless, the customer should be responsible for their own back-up copying of files contained in the customer’s account at NameISP. NameISP is not responsible for any consequences whatsoever resulting from any data loss or operational disturbances suffered by the customer.
Any operational disturbances at NameISP will be dealt with as quickly as possible. NameISP has no control over faults or stoppages at other operators. NameISP is not liable for either damages or repayment due to any problem/fault/operational disturbance. NameISP and its employees are exempt from all liability to the customer for any damage, both direct and indirect. NameISP is entitled to remuneration from the customer for costs that arise as a result of misuse of terms and conditions or an agreed service.
7. Force Majeure NameISP is exempt from any consequences if the fulfilment of any obligation is prevented or is made significantly more difficult by circumstances over which the party could not reasonably have had control or predicted. Such circumstances shall include labour conflict, war, lightning strike, fire, extreme weather conditions, official decision or other public regulation, lack of transport, energy or other similar circumstances. If a force majeure situation occurs, the party in question shall inform the other party that current circumstances should be taken into consideration with regard to its obligations.
8. Periods of notice for Domain names Domain names registered under .com .net .org .info .biz & .name have no period of notice. If you want the domain name to continue to function after the years for which you have paid, you must pay an annual renewal fee. NameISP undertakes to inform the customer by e-mail when it is time for renewal. If the customer chooses not to renew the domain name, the name will be deleted. See additional rules for each gTLD.
Domain names under .nu are initially registered for a period of two years. On renewal, a renewal fee for the years you wish to register is payable. There is no period of notice for .nu. See also rules for .nu.
If payment is not received before the end of the period, the domain ceases to function.
Domain names under other top-level domains must be terminated in writing or via the administration page AT LEAST 3 months (90 days) before the end of the registration period. This is because various periods of termination are in force around the world.
Renewal fees for continued registration are invoiced, wherever possible, directly from NameISP (there are exceptions). For more specific details, see the registration rules for the relevant top-level domain. If notice of termination has not reached NameISP before these deadlines, the cost of renewal plus an administrative fee of SEK 250 per domain name will be invoiced, unless otherwise agreed. See also rules under each top-level domain.
9. Termination of Webbhotell, e-mail services and other Internet services A fee for Webbhotell and other Internet services must be paid for the entire period agreed. NameISP has various agreement periods for different services. This must be clearly specified for each service. If you want to terminate Internet services, this is done in writing or via the administration page at least one month BEFORE the end of the agreement period. A new payment period starts to run the day after the preceding payment period ends unless a valid notice of termination has reached NameISP in time.
Exception: If the domain name and the relevant web service have been purchased together as a package offer, it is sufficient to terminate this package. This termination should include, in this case, both the domain name and the service linked to this. For a package with a gTLD linked a month applies, while for a package with a ccTLD three months applies.
NameISP is entitled to terminate the agreement for a service with 30 days’ notice. In these cases, unused time will be repaid if these have been paid for in advance. However, repayment will not be made if we believe there has been a breach of contract. If the breach of contract involves extra costs for NameISP, the relevant customer will be charged.
10. Agreement changes Transfer of an agreement to a third party is not permitted unless otherwise agreed. NameISP has sole right to make changes to parts of this agreement. However, no change may involve major costs for the customer during agreement periods already entered unless otherwise agreed. The current terms and conditions are always available here: http://www.nameisp.com/generalagreement.asp
11. Dispute Disputes regarding this agreement shall be settled using Swedish law. If the dispute goes as far as legal proceedings, these shall be settled at Göteborg City Court.
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