Terms and Conditions

This agreement is made between DevonWebs Design and Hosting, and you the customer (“Customer” which expression shall include its permitted successors and assigns).

When registering an account or signing up for a service with DevonWebs, you’ll be agreeing to our ‘Terms & Conditions of Service’ as set out below.

Billing and Charges

All of our Shared hosting packages carry a 60 day money-back guarantee! If you are dissatisfied for any reason at all then just let us know why and if we can’t help, we’ll issue a full hosting refund! Please note that VDS orders, dedicated server orders, and domain costs are not refundable.

Payments

Renewal invoices are generated 21-30 days in advance and sent to your registered e-mail address. It is your responsibility to ensure this e-mail address is kept up to date and can receive emails from us.

It is important that we receive payment on time. All services must be paid for by the due date shown on the invoice unless a written adjustment has been agreed. Failure to complete payment after this time will result in an automatic reminder when the invoice is overdue, and automatic account suspension should the invoice remain unpaid for more than 3 days. This applies to all hosting accounts, VDS and Dedicated servers. Domain names expire on the day immediately after their renewal date. As such we strongly recommend renewing a minimum of 48 hours before the expiration date.

If an invoice is unpaid, the related service will be suspended until such time that payment is received and you inform us by email that you have paid. At this point we will use all reasonable endeavours to restore service within 24 hours.

Unless otherwise stated, all payments must be received in UK Pounds sterling. If you pay by foreign bank transfer, then you must be responsible for all foreign currency charges.

We reserve the right to alter our prices at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via e mail to the e mail address that we hold for you in our account. If you have already purchased a particular service then the price alteration will only become effective when the service reaches the end of its current term.

You warrant that you are lawfully authorised to make payment using the payment card or facility you disclose to us. In the event where you are not the named cardholder, you acknowledge that you and the named cardholder both accept these terms and conditions and are jointly and severally liable for any payment(s) due. You hereby indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.

If you attempt a chargeback or dispute a transaction with your bank, we reserve the right to suspend all services provided to you with immediate effect. Services will remain suspended and until such time as the chargeback has been fully reversed in our favour .

Overusage

Account usage is checked frequently. All accounts will receive notification when bandwidth usage is nearing the account’s limit. Overusage will result in automatic account suspension unless a prior agreement has been reached. Usually the cheapest option is to upgrade to the next package where available, otherwise our standard charges are 40p per GB per month for additional bandwidth usage and £2 per month per 250MB disk usage. Upon suspension please contact us to arrange upgrade pricing.

If not specifically stated to the contrary, our services are intended to be used for the purposes of hosting websites and e-mail. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems and any system designed to consume CPU or disk resources for purposes other than hosting a website are not permitted on our shared hosting servers. However you may use such tools on a VDS or dedicated server. We reserve the right to enact defensive movements to maintain the stability of our systems for all clients.

If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability of your hosting environment.

Cancellation, refunds, termination and disputes

Cancellation notices for all services must be given at a minimum of 48 hours in advance of the next billing date, with the exception of VDS and Dedicated servers for which we require a cancellation notice a minimum 30 days before the next billing date. For shared hosting, an account credit will be granted for each whole unused month. No cash refunds will be granted unless a payment has been taken in error. Refunds for prepaid dedicated servers and VPS will only be granted where there is a genuine irreconcilable problem with the service and at management’s discretion.

A breach of any of our terms and conditions will result in immediate termination with no refund.

Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method as listed on our contact page.

Client Conduct

Under no circumstances will we tolerate threatening or abusive behavior towards our staff. Should this occur, we reserve the right to terminate the hosting agreement with immediate effect.

Should the client, during the course of a telephone conversation, email or support ticket, make reference to “legal action” or say anything we might reasonably understand to imply or infer that the client may intend to pursue a legal claim against us, we reserve the right to refuse telephone support going forward. Any further correspondence must then be sent by email or support ticket.

Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate the hosting agreement. Where it is reasonable to do so, we will provide 30 days notice of termination and provide a backup of all website content and email.

Rights on Termination

Termination of this agreement does not affect your pre-existing liability, if any or affect our right to recover damages or pursue any other remedy in respect of any breach of this agreement by you.

In the event of us terminating this agreement due to breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this agreement could have been terminated by you.

Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method.

A change of details

We have the right to change any username or password allocated to you for the purpose of essential network maintenance, enhancement modernisation or other work deemed necessary to the operation of the Internet.

Similarly, we have the right to alter the hosting environment your site runs in to one with like-for-like features, as long as reasonsable notice is given and there is no disruption to service. The only reason we would do this is if it represented an ‘upgraded’ environment for you, the end user.

Domain registration, renewal, transfer and restoration

Some hosting packages include a free domain registration or transfer for a .be / .biz / .co.uk / .com / .de / .eu / .info / .ltd.uk / .me / .me.uk / .net / .org / .org.uk domain name. All other extensions are excluded from this offer due to their additional cost but please contact us for a reduced price if you wish to order with a different extension. The registration period is one year.

Hosting package renewals do not include a further free domain renewal, transfer or registration.

We will always register, transfer and renew domain names in our name

All domain registrations are bound by our Registrant Agreement (http://devonwebs.co.uk/about-us/terms-and-conditions/#domain-registrant-agreement) and relevant 3rd Party terms as detailed here (http://devonwebs.co.uk/about-us/terms-and-conditions/#3rd-party-domain-terms).

Account Support / Emergency Contact

We provide support via e-mail and phone. To provide efficient service and comply with data protection laws, any requests for changes to your account (including billing changes, password changes or any other technical changes) must be submitted by ticket or e-mail from your registered address.

Zero Tolerance towards Abuse

Customers are responsible for all scripts, data and other objects on their accounts. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content below. We will always notify customers and, where necessary, fully co-operate with the authorities.

You must not use the service for the transmission of illegal material. You agree to refrain from sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force. You agree to refrain from sending or receiving any material which may be in breach of copyright (including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should take independent legal advice.

In Brief

  • All content uploaded to your your hosting service, including dedicated and VDS servers, must conform to UK law. It is the user’s sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities.
  • You must not gain or attempt to gain unauthorised access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act.
  • You must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms).
  • You must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as ‘spam’ ,’UBE’,’UCE’ ).
  • You are prohibited from running ‘port scanning’ or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission.
  • You must take all reasonable steps to ensure that your password and login credentials remain confidential.
  • Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
  • Sites must not contain ‘hateful’ material or content which seeks to incite hate.
  • Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful in the UK or which is deemed to be distasteful at our sole discretion.
  • Sites must not contain ‘warez’, copyrighted music/videos or links to such content. It is the sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.
  • Sites must conform to UK copyright law.

We undertake to take action required under the provisions of the Regulation of Investigatory Powers Act and will fully cooperate with the appropriate UK authorities.

Acceptable Email Usage

We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behaviour is unacceptable and may have their accounts suspended, terminated or blocked at our sole discretion.

  • You agree not to send emails that might cause annoyance, inconvenience or anxiety to a recipient.
  • You agree not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful.
  • You agree to have a clear opt out policy in all newsletter communications.
  • You must not use our mail services or network to send email to any user who does not wish to receive it.
  • You must not use our mail services or network to send unsolicited email, in bulk (commonly known as ‘spam’) or individually.
  • You must not use our mail services or network with intent to deprive others of service (‘mail bomb’).
  • You must not use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender.
  • You must not use any email address that you are not authorised to use.
  • You must ensure that any email servers connected to our network and operated by you are not configured to allow ‘open relay’.
  • You must take full responsibility for your own email reputation, DevonWebs can not guarantee a positive reputation.

Web Usage

Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on customer colocated servers. We cannot and do not proactively monitor content on any web space maintained by customers (whether customer space, web hosted or colocated services) and cannot and do not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable.

  • You undertake sole responsibility for the content of web pages owned and/or operated by you – whether on client pages, web hosted space or colocated servers – within our domain or other domains hosted within our network.
  • You undertake sole responsibility to ensure that all materials on any website owned or operated by you contains material that you have created or have permission to use.
  • You undertake sole responsibility for any dispute involving Copyright or Intellectual Property Rights associated with your site or service.
  • You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation). You should be aware that the internet is a global communications network and what may be legal in the UK may be illegal elsewhere and leave you liable to prosecution in another country.

Legal adult content as defined by UK law is allowed on our servers however you must inform us as we will host your site on a separate IP to prevent any SEO implications for other clients.

We may undertake investigation of content services if potential abuse is brought to our attention and we reserve the right to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination with no refund.

We take your privacy and security very seriously.

The policies we have in place are to protect your personal information, which we store on our secured servers in the UK. By using this website you consent that all personal data you submit may be processed in the manner and for the purposes described here.

Online transactions are handled through SSL-secured servers and sensitive details such as passwords and credit card details are encrypted to reduce the risk of fraud. We strongly advise that you use hard-to-guess, unique passwords for your accounts with us to reduce the risk of fraud.

We may collect and process data about you in relation to details of transactions that you carry out through our website. When making a purchase with us we will collect information which includes your name, address, e mail address, phone number and payment information.

When you become a customer you automatically subscribe to our newsletter and we will notify you of special offers and updates to our services in the newsletter. If you prefer to opt out of non service e mails, please let us know during the order process. You can also opt out at any time through our client area.

Information obtained about you will assist us in identifying any accounts you hold with us and will also assist us in improving customer care through reviewing, developing and improving the website and services. We will also use the information to notify you about changes to the website and to send service related announcements.

We may disclose your personal information to any of the following third parties:

  • Any employees, agents or service providers of the Company.
  • Any prospective purchaser of the Company subject to them entering into confidentiality undertakings.
  • Any cardholder who has purchased services on your behalf.
  • Where we are required to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property or safety of the Company and our customers. This includes but is not limited to exchanging information with other companies and organisations for the purposes of fraud protection, credit risk reduction and dispute policies.

The Data Protection Act 1998 gives you the right to access information held about you. Any access request will be subject to an administration fee of £10 to meet our costs in providing the information requested.

For the purposes of the Data Protection Act 1998, the data controller is Samuel Rudd of DevonWebs whose office is at Flat 2, Valley House, Combe Martin, Highstreet, EX34 0HR.

This website contains links to external sites. Please be aware that we are not responsible for the content of any external sites.

An Industry Leading SLA

We endeavour to provide a 100% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance as far as possible in advance through our status page and, should the maintenance last for longer than 30 minutes, via e-mail.

Should we break this SLA in any calendar month with unscheduled service unavailability (as verified by our network monitoring) we will upon request credit a full week’s cost to your client account. No hidden catches – we value our service and clients extremely highly.

Our SLA is rescinded if you have overdue invoices on your account, or if you have paid the invoice for the period of the disruption late.

Tsohost makes no guarantee to defend a customer’s website from a denial of service attack unless that service has been specifically offered and agreed.

For Virtual Private, Dedicated and Complex Hosting Customers

On our virtual servers, dedicated servers and complex hosting, our SLA is increased as follows:

  • Power: 100%
  • Network: 100%
  • Server Uptime: 100%

We guarantee that in the remote event of a server hardware failure that cannot be fixed, the hardware will be replaced within four hours of the problem’s diagnosis. Hardware is defined as the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. This guarantee excludes the situations where there is a requirement to rebuild a RAID array and the reload of certain operating systems, processors and applications. It does not include any bespoke server hosting solutions. Our parts and labour warranty covers all parts and labour costs involved in the event of a related parts failure. Any failed component shall be replaced by us at no cost to you.

In the event of a problem with your server, we shall ensure that a qualified engineer will be dealing with the problem within 15 minutes of being notified. In the rare event that your problem cannot be resolved within 15 minutes you will be notified. When notifying you we will provide you with the details of the problem along with an estimation of when the issue will be resolved. We shall keep you regularly updated until the moment the problem is resolved. An engineer’s report shall be sent to you within 12 hours of the problem being resolved. We will reboot your servers (physically or remotely) 24 hours a day without any cost to you.

At DevonWebs our primary focus is maintaining absolute customer satisfaction through sustainable pricing, proactively managed services and investment in hosting infrastructure.

Sometimes we may fall short of the high standards we and our customers expect from us. If this happens it’s important that we are able to take on customer feedback and concerns and use this to improve our service.

Step 1:

If you’ve not already been in touch regarding your concern, the first step is our standard support channels; most issues we can resolve very quickly as soon as you get in touch. You can get in touch via:

If you’re an existing customer, you can open a ticket from your My.DevonWebs account.

Our average ticket response time is well under an hour and we will ensure that all tickets are replied to within 24hrs. All ticket submissions will receive an automatic email confirming that the ticket has been received successfully and the assigned ticket reference.

Step 2:

If you have already contacted us, and we’ve not been able to resolve your issue to your satisfaction, the next step is to submit a Formal Complaint.

All complaints MUST be made in writing. This is to ensure we’re able to properly address and investigate your concerns and provide a full response.

Complaints can be submitted by email to contact@devonwebs.co.uk, or alternatively you can submit your complaint in writing to:

DevonWebs Hosting & Design
c/o Samuel Rudd
Flat 2 Valley House
Combe Martin
Devon
EX34 0HR

What information you should include:

You should ensure you include as much information about the issue as possible, this might include:

  • Name of the staff member you spoke with on the phone or support tickets
  • Ticket reference IDs
  • Date & time when issues occured or when you called
  • Details about the problem, how it started, what you did and any other relevant details

Providing as much information as possible helps us to quickly investigate and fully understand the situation, what happened, what/if anything went wrong and how we can then try to resolve your complaint.

What we will do:

Usually we will review all complaints within 72 hours and provide an initial response while they investigate the issue.

Depending on the type of issue, it may be necessary for the complaint to be passed to a more appropriate Manager, Head of Department or Director. You will be informed of who is handling your complaint and their role in the investigation.

We will then provide a full reply to the complaint within 10 working days.

Step 3:

If the response does not meet your satisfaction, you may request that the complaint be escalated to a company Director for review.

One of our directors will then assess your complaint and the steps taken so far by our staff; they will then provide a response within 15 working days of the complaint escalation.

All complaints are taken seriously and will be reviewed, investigated and responded to fairly and thoroughly. We understand that monitoring, and dealing with complaints promptly enables us to identify areas of weakness and we will then work to address these and continue to improve our service.

  1. Overview
    1. This Registrant Agreement sets the terms and conditions in which you (“Registrant”, “You”, “Your”) register, renew, transfer and manage domain names with DevonWebs.
    2. These terms are in addition to our general terms and conditions of service and relate specifically to domain name registrations managed using our service. You agree to be bound by these terms as well as all relevant 3rd party terms when registering domains with DevonWebs.
    3. Due to the changing nature of domain registration policy, we reserve the right to update or amend these terms at any time, without notice. Any changes will be published on our website. Your continued use of your domain name will constitute your acceptance of this Agreement. If you do not agree with any change in this agreement you may request that your domain registration be cancelled or transferred to a different ICANN-accredited registrar.
    4. This agreement shall be binding for the duration of the domain name registration period. Renewal of your domain signifies your continued acceptance of these terms. Should the domain be successfully transferred to another registrar, or deleted, the Registrant Agreement shall cease.
  2. Customer Obligations
    1. You agree to ensure that all domains registered via our service:
      1. will not be used for any unlawful purpose
      2. will not be registered in bad faith, or otherwise be considered an abusive registration under the Registry, ICANN or our dispute policies or procedures
      3. will not infringe on the legal rights of any 3rd party
    2. You acknowledge that we cannot guarantee availability of your desired domain name, even if an inquiry indicates its availability.
    3. You are obligated to provide the following when submitting domain registrations:
      1. Your name, postal address, email address, voice, and if available, fax telephone numbers for the registrant, administrative, technical and billing contacts for the domain name
      2. The domain name being registered
      3. All other information required to perform the domain name registration
    4. You must maintain all information to ensure it remains accurate, changes to information should be submitted within (7) days of change.
    5. You acknowledge that willful provision of inaccurate or unreliable information, willful failure to correct inaccuracies within (7) days or failure to respond to registrar inquiries for over (15) days will constitute a material breach of the Registrant Agreement and will be a basis for suspension or deletion of the domain registration without refund or compensation.
    6. DevonWebs and each registry operator reserve the right to delete your domain registration if some or all of the information provided by you or your agent is false, inaccurate, incomplete, unreliable or misleading.
    7. It is your sole responsibility to protect the security of your access credentials to our system(s) from any unauthorized use. Under no circumstances shall we be held liable for the unauthorized use or misuse of your access credentials.
  3. WHOIS
    1. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, the registry operator, law enforcement agencies and other third parties as applicable.
    2. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all, of the domain registration information you provide, for the purposes of inspection (such as our WHOIS service), as required or permitted by ICANN and applicable laws.
    3. You consent to any and all such disclosures, whether during or after the term of domain registration. You irrevocably waive any and all claims and causes of action arising from such disclosures or use of domain information by DevonWebs.
    4. We will take all reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorised access or disclosure, alteration or destruction.
    5. Should you intend to license or otherwise provide use of the domain name to a 3rd party
      1. The Registered Name Holder shall nonetheless be considered the domain name holder of record and therefore held responsible for compliance with these and all associated terms
      2. You shall accept liability for harm caused by wrongful use of the domain name, unless you disclose within (7) days the current contact information provided by the licensee or operator upon provision of evidence of actionable harm
      3. You represent that you will secure the agreement of any third party to the full terms of this agreement
  4. Auto-renewal
    1. Domain names due for renewal will be automatically renewed by DevonWebs subject to the following conditions:
      1. You have not notified us at least (45) days before the expiry date that you do not wish to renew the domain
      2. We are able to successfully take payment for the renewal from your stored payment method
    2. The expiry procedures and recovery processes vary between registries; the procedure for gTLD domains are as follows:
      1. For (40) days after the expiry date the domain will be in the “Renewal Grace Period”. During this period you can renew your domain at our standard renewal fee.
      2. For (30) days after the Renewal Grace Period the domain will be in the “Redemption Period”. We are usually able to recover domains in the Redemption Period however, this cannot always be guaranteed. An additional redemption fee will also apply as well as the standard renewal fee. Redemption fees can be found on our domain pricing page.
      3. For (5) days after the Redemption period the domain will enter “Pending Delete”. It is not possible to recover domains at this stage.
      4. Approximately (75) days after expiry the domain will be deleted from the registry and will usually become available for registration.
  5. Domain Expiry
    1. If a domain is not renewed by the expiry date it will usually stop resolving and will be considered “expired”.
    2. If we are unable to successfully take payment for the renewal via the stored payment method, or if you fail to manually renew the domain name within the required time-frame, the domain will expire and not be renewed.
    3. It is your sole responsibility to ensure your contact information is up to date ensure email renewal reminders are received.
    4. You accept that we may, at our sole discretion, renew a domain and may change the nameservers associated with the domain if it is not renewed before the due date.
    5. The customer acknowledges that we may elect to assume ownership of domains which are not renewed within the relevant renewal grace period and may, at our discretion renew, auction or otherwise sell, update or transfer the domain to a 3rd party
      1. If we, in our sole discretion, elect to renew the registration, you will be entitled to the standard renewal grace period, and redemption period as specified by section 4. and the same terms and fees will apply
      2. During these grace periods we may elect to display a parking page and/or may revise the WHOIS registration to include our information
      3. The domain name may also be listed for auction and/or promoted as available for sale
      4. If you do not elect to renew or restore the domain during the renewal grace period nor the redemption period, the auction or sale will be concluded and the ownership of the domain will be transferred to a third party and will not be available for re-registration after the stated grace period(s).
    6. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and any expired domain name may be made available for registration by a 3rd party.
    7. While we will endeavour to ensure domains renewals are processed promptly we make no guarantee that attempted renewals will be successful and it is your responsibility to check their domain has been renewed successfully using the WHOIS service.
    8. If you fail to renew your domain registration, your domain may cease to resolve and visitors to your site may be directed to a default page informing them that the domain has expired and is no longer resolving. This parking or default page may feature advertisements for our own benefit.
  6. Recovering Domain After Expiration
    1. It may be possible to recover a domain name after it has expired depending on the relevant registries policy.
    2. If the domain is within the “Renewal Grace Period” then it will be possible to renew the domain for the standard renewal fee.
    3. If the domain is not within the Renewal Grace Period, but is within the registry Redemption Period it will be subject to a Redemption Recovery fee as specified on our domain pricing page plus any applicable renewal fees and taxes.
    4. It may not always be possible to renew a domain name after its expiry and DevonWebs has the sole and final word in determining when a domain name can be renewed post-expiry and what fees will be applicable.
    5. If you forfeit a domain name due to non-payment, DevonWebs will have the right, in its sole discretion, to:
      1. Register and use the domain name for its own purposes;
      2. Sell or transfer the domain name to a third-party; or
      3. Delete the domain name making it immediately available for registration by anyone.
  7. 3rd Party Terms
    1. Due to the nature of domains, various 3rd parties such as the registries and governing bodies such as ICANN may impose their own terms and conditions.
    2. You acknowledge that you will also be bound by additional 3rd party terms depending on the type of domain registration, you can find details of TLD Specific 3rd Party Terms
    3. All relevant 3rd Party terms form part of this agreement, you agree to be bound by them as well as the terms included here. In the event that this agreement is inconsistent with any provision of the 3rd party terms, the 3rd party terms shall prevail.
    4. You agree that your registration of the domain name shall be subject to suspension, cancellation or transfer pursuant to Paragon Names, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Paragon Names, registry, ICANN or government-adopted policy, (1) to correct mistakes made by us or a registry in registering the domain name or (2) for the resolution of disputes concerning the domain name.
  8. Disputes, Complaints and Legal Challenges
    1. Occasionally domain names may become the subject of a legal dispute. In the event that a dispute arises, you shall indemnify and hold Paragon Internet Group Ltd, its subsidiaries, contractors, agents, employees, officers, directors and affiliates, ICANN and the applicable Registry Operator harmless from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of, or related to, the domain name registration.
    2. In the event that we are threatened with legal action, or at our sole discretion believe that legal action is likely to be brought, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.
    3. If DevonWebs is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, DevonWebs may, at its sole discretion,
      1. suspend your ability to manage, update, or transfer your registration records and/or
      2. provide control of your domain name registration with the appropriate judicial entity
    4. Registration or reservation of your chosen domain name does not guarantee immunity from objection to the registration, reservation or use of the domain under registry dispute policy and/or applicable law
    5. You agree that should the registration of  your domain name be challenged by a third party, you will be subject to the provisions specified in the dispute policy of the applicable registry.
    6. This agreement shall be governed by, interpreted and enforced in accordance with the laws of the United Kingdom. Any action relating to this agreement must be brought in the United Kingdom and you irrevocably consent to the jurisdiction of such courts.
  9. Cancellation
    1. If you do not wish to renew your domain, you must cancel it by disabling Auto-renew at least 1 day before the renewal due date via the control panel
    2. The customer acknowledges that the due date may differ from the domain expiry. Some domains will need to be renewed up to 60 days before the expiry date to ensure successful renewal due to registry requirements.
  10. Refunds
    1. Due to the bespoke nature of domain names they are non-refundable in whole or part once the registration, transfer or renewal has been submitted to the registrar, even if the registration is suspended, cancelled or transferred prior to the end of the current registration term.
    2. The customer understands that Domain names are not entitled to a “cooling off” period under the Distance Selling Regulations 2000 as per Regulation 13(1)(c).
    3. The customer understands that we are unable to change or edit the spelling of domain names after registration. It is the customers responsibility to ensure the spelling of a domain is as desired before completing the order.
    4. If a domain is registered with a misspelling in error you may be eligible for a credit so that the correct spelling can then be registered. You must contact us within 2 days of registration to arrange this. Any credits are issued at our sole discretion and dependant on registry policies.
    5. No refund will be issued for domains which are deleted due to a breach of these or any relevant associated terms.
  11. Transfer of Ownership
    1. The person named as Registrant on the WHOIS shall be the registered domain name holder. The person named as the administrative contact shall be deemed the designate of the Registrant with whom full authority to manage the domain has been assigned.
    2. You agree that prior to transferring ownership of your domain to another person (the ‘Transferee’) you will require them to agree, in writing to be bound in the terms and conditions set forth in this Agreement.
    3. If the transferee fails to be bound in an acceptable fashion (as determined by us at our sole discretion) to the terms and conditions of this agreement any such transfer will be considered null and void
    4. You acknowledge and agree that for all applicable gTLDs We will act as a Designated Agent, pursuant to ICANN’s Transfer Policy, whenever a request is made to update the registrant contact details associated with a domain name. In that respect, You expressly authorise Us to approve a change of registrant or any change to the registrant’s contact details on Your behalf.

1. Purpose

This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available at http://www.icann.org/en/dndr/udrp/uniform-rules.htm, and the selected administrative-dispute-resolution service provider’s supplemental rules.

2. Your Representations

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.

3. Cancellations, Transfers, and Changes

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

  • a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
  • b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
  • c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4 (i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. Mandatory Administrative Proceeding

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/en/dndr/udrp/approved-providers.htm (each, a “Provider”).

  • a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that
    • (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
    • (ii) you have no rights or legitimate interests in respect of the domain name; and
    • (iii) your domain name has been registered and is being used in bad faith.
  • In the administrative proceeding, the complainant must prove that each of these three elements are present.
  • b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4 (a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
    • (i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
    • (ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
    • (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
    • (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
  • c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4 (a)(ii):
    • (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
    • (ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
    • (iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
  • d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4 (f).
  • e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).
  • f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
  • g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5 (b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
  • h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
  • i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
  • j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
  • k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3 (b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation

All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. Our Involvement in Disputes

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. Maintaining the Status Quo

We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. Transfers During a Dispute

  • a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
  • b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. Policy Modifications

We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration

Domain names are usually subject to the registration terms and conditions set by the relevant registry as well as the registration terms of DevonWebs.

Where possible links to the relevant 3rd party terms and dispute resolution policies are included below, if you have any queries regarding these please raise a support ticket and we’ll be glad to assist where possible.

.uk


.com, .net, .org, .info, .biz, .cc, .tv, .cn, .be, .at, .es, .me


CentralNic – e.g. .uk.com, .gb.com, .eu.com, .de.com, .jpn.com, .uk.net, .gb.net, .us.com, .qc.com


.eu


.pro


.ae


.asia


.so


.co


.co.il


.co.nz


.co.za


.de


.im


.in


.jp


.mx


.nl


.pl


.xxx