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Agreement - the Agreement of which these Terms form part
Cancellation Charge - as set out below
Fees - as published by Sofo Dynamix (henceforth referred to as Sofo Dynamix) from time to time
Customers must ensure payment is received on time as this can affect renewal of your domain resulting in costly redemption charges levied by the registrar or loss of the domain.
Intellectual Property - all patents, registered and unregistered trade marks, trade and business names, copyright and rights in the nature of copyright including property rights in relation to compilations or databases, design rights and registered designs and all applications for patents and registered trade marks and registered designs (including in each case, all extensions and renewals thereof)
Interest Rate - the base rate charged by Barclays Bank from time to time plus three per cent
Local Administration Costs - any registration and other costs charged to Sofo Dynamix for the registration or attempted registration of domain names Order Form - the order form as displayed on this Internet web site
Request - a request for registration of one or more domains
Service - the service provided by Sofo Dynamix under this Agreement, as further defined in Clause 2
1.1 Commencement and Duration of this Agreement
1.1.1 This Agreement commences on the date you accept these terms (by clicking on the "I accept" button during the registration process) (the "Commencement Date") and will continue for an initial term of 12 months (the "Initial Term") and indefinitely thereafter unless terminated earlier by either party in accordance with Clause 3 of this Agreement. Our Acceptance may be subject to us performing a credit check on you and being satisfied in all respects with the outcome of the credit check.
2. THE SERVICE
2.1. Subject to payment of the Fees, the Local Administration Costs, and the terms of this Agreement. Sofo Dynamix shall provide the following (the "Service"):
2.1.1. on the Customer's behalf, the processing of Requests with relevant domain authorities; and
2.1.2. such Additional Services as are agreed between the parties including:
Internet access, any web site operated by Sofo Dynamix together with the content, search facilities, personal web space, email, newsgroups and other internet related services provided by Sofo Dynamix which may be made available to users from time to time.
2.2 By accessing Sofo Dynamix you agree to be bound by these conditions. These terms and conditions apply to all Sofo Dynamix accounts. They set out the basis on which we offer our services and should be read carefully. Your statutory rights are not affected.
2.3 Sofo Dynamix's Service Commitment
Sofo Dynamix will use reasonable efforts to supply a continuous service. However, Sofo Dynamix is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the Customer. Sofo Dynamix is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.You agree that Sofo Dynamix are not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise.Sofo Dynamix is unable to exercise control over material sent over the internet and excludes all liability of any kind for the reception by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UK or other applicable law.Sofo Dynamix Customers are liable for all charges levied by their telephone service provider arising from the Customer's use of Sofo Dynamix's Internet access service. From time to time Sofo Dynamix or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. Sofo Dynamix will give as much notice as possible and shall try to keep this work to the period specified in the notice. Sofo Dynamix accepts no liability whatsoever arising from such a suspension of the service.
2.4 Sofo Dynamix will respond to all emails to our Admin team within a 24 hour period at the very maximum, although you can expect a response within an hour. Similarly, tickets opened will also be responded to within a 24-hour period at the very maximum.
3. TERMINATION OF SERVICE
3.1 We may suspend the Service immediately upon breach by the Customer of any of the terms and conditions of this agreement, including, without limitation, late or non-payment of monies due.
3.2 We may at any time (whether during the Initial Period or otherwise) terminate this Agreement giving 90 days notice to you.
3.3 We may at our sole discretion terminate this Agreement or suspend the Services immediately, in the event that;
3.3.1 you fail to pay any charges for the Services; or
3.3.2 any credit card or direct debit details submitted by you for payment are found not to be or cease to be valid
If we suspend the Services in accordance with this Clause 3.3, we may, at any time following such suspension (and if the circumstance in Clause 3.3 remains) immediately terminate the Agreement.
3.4 You may terminate this Agreement on giving at least 1 month's notice in writing, such notice to be effective no earlier than the end of the Initial Term (which is the first 12 months period from the Commencement Date). You must pay all Fees for the Services until the date on which the termination notice expires.
3.5 You must mention your domain name and services related to your domain in your cancelation request.
3.6 Either party may terminate this Agreement immediately, on notice, if the other commits a material breach of this Agreement and fails to remedy the breach within 28 days of a written notice to do so.
3.7 Upon termination or expiration of this Agreement registration to any of our Services or those of third parties provided in the course of and/or for the purposes of the Service will cease at such time as the provision of the Service ends.
3.8 Sofo Dynamix reserves the right to cancel the free service to a Customer if the service has not been used by the Customer for a period of 60 days.
4. DOMAIN REGISTRATION SERVICES
Domain Names are registered by Sofo Dynamix with the relevant Naming Authority under the Customer's details given at time of registration. Once Sofo Dynamix have accepted the order for domain registration by the Customer, the Domain Name is the property of the Customer for a minimum of one year and cannot be revoked. The Customer shall maintain all future registration payments for their Domain Name until such time that written notice of cancellation is submitted to Sofo Dynamix fourteen days prior to the renewal date. Otherwise Sofo Dynamix will charge or invoice all Customers that have purchased a new Domain name through Sofo Dynamix on expiry of their current registration period.Sofo Dynamix Customers can transfer their registered domain name from Sofo Dynamix to another hosting company at any time. Sofo Dynamix will charge an administration fee of £10 + VAT to effect the transfer. If your account is in arrears ,i.e. payment is due your domain name will not be transferred out until all dues have been paid. Sofo Dynamix will endeavour to process all transfers on which the administration fee has been paid within 5 working days of the written request from the customer.Sofo Dynamix does not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have checked the WHOIS database (see below) to see the status of your registration. All invoices posted to customers are confirmation of payment made only. Invoices are not a confirmation of domain registration, which can only be determined by checking the WHOIS database. Sofo Dynamix accepts no liability for consequential loss of earnings and revenue incurred due to loss of service and/or loss of registration of the domain.For UK (".uk") domain names Sofo Dynamix Customers must agree to the terms and conditions of the UK domain name registrar, Nominet UK. These terms and conditions can be found at Nominet.
UK Companies are not eligible to add the optional Privacy Protection service to .uk extensions and no refund will be given where a company has purchased this service. For top-level domain names (".com", ".net", ".org", ".biz" & ".info") or infact any other extension, Sofo Dynamix Customers must check and agree to the terms and conditions of the international domain name registrars, e.g. INWW (Internet Names Worldwide) & Enom. These terms and conditions can be found at the website of the registrar.
When your domain approaches it's expiry date, you will be sent an email 30 days in advance of the date it expires. Ten days in advance of expiry, one of our staff will contact you on the phone. Should our staff fail to make contact via phone, another email will be generated, and our staff will make 2 more attempts to contact you prior to the renewal date. Each one of these attempts will be accompanied by an automatically generated reminder email.
If a domain name renewal is paid after 30 days of its expiry the domain name will not automatically be renewed. You will have to call us and notify us that you have made payment for the specific domain name(s). After which we will manually renew the domain name(s) if it is still available for renewal.
5. WEBSITE HOSTING SERVICES
Hosting solutions offered by Sofo Dynamix are, as stated during the signup process, supplied on a minimum one year subscription basis. Customers wishing to cancel their hosting solution may do so within seven working days of inception without giving a reason and without incurring any penalty. After this period, if a Customer wishes to cancel their contract before culmination, payment for the full years hosting fee, regardless of duration of service used, must be submitted to Sofo Dynamix together with written confirmation of cancellation fourteen days prior to the renewal date.
5.1 It is the responsibility of the customer to keep a backup of the site locally and Sofo Dynamix is not liable for any loss of data from their website. Backup of site or specific files may be possible but a charge will apply for administrator to carry out the backup.
5.2 Our Disk Usage policy is as follows:
a) We automatically increase your disk space usage by 20% and send you a notification email, when you have used all your allocated space. This is a temporary measure so, your service is unaffected.
b) We send you an email when you are using 110% of your allocated space
c) Your service will be suspended when you have exceeded your disk space allowance by 20%.
6.1.1. The Customer shall pay in pounds sterling to Sofo Dynamix the Fees, inclusive of the Local Administrative Costs incurred by Sofo Dynamix in processing a Request or Requests.
6.1.2. Subject to Clauses 6.7 and 7.2 the Fees and Local Administrative Costs shall be paid by the Customer as set out on the Order Form without set off or counterclaim.
6.1.3. The Customer acknowledges that the Local Administration Costs may differ from the amount or amounts (if any) previously indicated by Sofo Dynamix as a result of changes in pricing by the relevant domain authority and/or of changes in the exchange rates, and agrees that:
18.104.22.168. Sofo Dynamix shall, in relation to each Request, charge the Customer the Local Administration Costs as published by Sofo Dynamix from time to time or a sum in pounds sterling equal to the actual Local Administrative Costs charged to Sofo Dynamix Internet Limited, whichever is the higher.
6.1.4. The Customer recognises that the Local Administrative Costs represent only the initial costs for the registration of a domain name, and that continued use of a domain name by the Customer is likely to expose the customer to additional charges payable to the local domain name registry.
6.1.5. The Customer acknowledges that occasionally unforeseen charges are incurred in processing Requests. Sofo Dynamix shall obtain the Customer's written consent before incurring such charges.
6.1.6. If the Customer fails to make payment on the due date then without prejudice without any other right or remedy Sofo Dynamix may have, it shall be entitled to charge interest (both before and after any judgment) on the amount unpaid from day to day at the rate of 3% above the base rate from time to time of Barclays.
6.1.7. If any cheque, paid to Sofo Dynamix by the Customer in payment of the Request and/or Services, is returned by the bank as unpaid for any reason, registration and/or the service will be suspended pending payment of the outstanding account in full together with a "returned cheque" charge of Twenty Five GBP (£25) excl. VAT
6.1.8. Subject to Clause 6 the Customer shall pay the Fees, Local Administration Costs and any other charges referred to in Clause 5.5 above notwithstanding that the Request is unsuccessful or discontinued unless the lack of domain name registration is wholly attributable to Sofo Dynamix's negligence or willful default.
6.1.9. Where Customers wish to transfer the TAG in relation to their .uk domain away from Sofo Dynamix the Customer shall pay in pounds sterling to Sofo Dynamix the Transfer Fees as published by Sofo Dynamix from time to time.
22.214.171.124. The Customer acknowledges that with regard to the purchase of virtual hosting services, whether purchased annually or multi-year, from Sofo Dynamix Eighty Per Cent (80%) of the Fees relate to administration and set up charges and are non-refundable. Twenty Per Cent (20%) of the Fees relate to the ongoing cost for the virtual hosting service. Any cancellation of annual or multi-year virtual hosting services is granted at the discretion of Sofo Dynamix and will be calculated on a pro rata basis of the Twenty Per Cent (20%). Renewals of any annual or multi-year virtual hosting services will be on the same Eighty Per Cent (80%) Twenty Per Cent (20%) basis.
126.96.36.199 The customer acknowledges that in regard to the cancellation of virtual hosting purchased on a monthly basis, from Sofo Dynamix, no refund will be payable on a pro-rata basis or otherwise.
188.8.131.52 The customer acknowledges that in regard to the cancellation of EShop virtual hosting purchased on a monthly basis, from Sofo Dynamix, no refund will be payable on a pro-rata basis or otherwise.
6.1.11. The Customer will be responsible for the payment of any Fees set by Nominet UK in the retrieval of the domain name(s) and any Fees and Local Administration Costs due to Sofo Dynamix for the renewal of the domain name(s) as published from time to time.
6.1.12. If a Customer wishes to renew a domain name(s) registered through OPENSRS, as referred to in clause that has been set to Registrar status, Redemption Period, due to non-payment of the renewal on the due date, then the Customer agrees to pay Sofo Dynamix a Redemption Period Administration Fee together with the Fees and Local Administration Costs for the renewal of the domain name(s) as published from time to time by Sofo Dynamix together with any Fee set by ICAAN as published from time to time by Sofo Dynamix. Definition of Redemption Period is on the fortieth (40th) day after expiry the domain is set to Registry status, Redemption Period, for thirty (30) days. If the domain is not restored within thirty (30) days then domain is set by the Registry to Registry Hold pending deletion for five (5) days when the domain is then made available for re-registration. The Customer accepts that if the domain enters Registry Hold there is no action Sofo Dynamix can take to restore this domain
6.2 CARD CHARGES
6.2.1 You agree to pay us the charges as detailed in the Order Form (the "Charges").
6.2.2 We will send you your first bill shortly after we begin providing the Service. We will send you a further bill according to the interval you requested at the initial registration, but we may send you a bill at anytime. We will send bills to the address on your registration details or any other address you ask us to. We also reserve the right to issue bills by e-mailing these bills to you every month (although we reserve the right to send you a bill by e-mail at any time).
6.2.3 During the registration process, we will ask you to complete/provide a payment by credit card to enable us to collect payments for your account, and for any additional services that we may provide to you. If you seek to discharge your account in a manner other than by way of direct debit or credit card (e.g. cheque or cash) we reserve the right to levy an additional administration charge of 10% subject to a £25 minimum.
6.2.4 You must pay all charges and rentals in accordance with your credit card authority, or if, for some reason, your credit card payment fails, in accordance with the time for payment detailed in your bill.
Failure to pay.
184.108.40.206 If your electronic payment is rejected, or becomes, or is, invalid or unavailable, thereby preventing us from recovering the sums due under your account within 4 days following the due date for payment, we reserve the right immediately to withdraw your access to the Services. You may also be charged an administration fee of £25.
220.127.116.11 In these circumstances, you will be sent a letter giving you 10 days in which to arrange for your account to be discharged in full.
18.104.22.168 If, in response to our letter, you provide us with your valid payment details so as to enable us to collect the sums due on your account, we will re-apply for payment. If your proposed electronic payment method is still rejected, invalid or unavailable, or if your account remains outstanding for any other reason, 18 days after the original due date for payment, then (i) you will be charged a further administration fee of £25 together with a fee for the submission of a further warning letter (£25), and (ii) a letter will be sent to you requesting the discharge of your account in full, and/or for appropriate arrangements to be made with us for your account to be discharged, which must be effected within 7 days from the date of this letter, failing which we reserve the right to refer your outstanding account to Sofo Dynamix's credit control department.
22.214.171.124 If your account remains unpaid for a period of 25 days after the original due date for payment, a security deposit of three times your average monthly invoice will be required before we reinstate your Service.
126.96.36.199 If your account remains unpaid for a period of 32 days after the original due date for payment, your service will then be terminated and your account will be referred to Sofo Dynamix's credit control department for it to take the appropriate action to collect the outstanding sums.
188.8.131.52 If we are required to instruct our solicitors or other professional advisers to collect any outstanding sums on your account, you will be responsible for, and we will look to you to discharge, those costs that are incurred by us in taking such action.
6.2.6 You must ensure that the account holder's name is the same as the name on the payment details that are provided.
6.3 If invoices have not been paid 7 days prior to the renewal date, we will automatically charge customers using card details that we hold. If you do not wish to be automatically billed on your credit card please go to 'Billing Account Login ' at login page on the Sofo Dynamix website, and select 'auto-payment options' to 'opt-out' of the automatic billing option.It is your responsibility to manage your Auto Charge activity.
6.4 All prices apply on new customers only.
6.5 Please note that our prices are dependant on the registrar prices and from time to time we may change the price to reflect any changes in their prices to us. This affects new registrations as well as domain renewals.
7. CANCELLATION CHARGES
7.1. The Customer shall be entitled to cancel a Request subject to the following terms:
7.2. if Sofo Dynamix has not started processing the Request, the Request will be cancelled subject to the Customer paying a cancellation charge of Twenty Five GBP (£25) excl. VAT;
8.1 Customers who request to pay by credit or debit card can choose to pay annually, quarterly or monthly where offered.
8.2 Customers paying monthly or quarterly are still bound to the cancellation rules as stipulated within these terms and conditions.
8.3 Payment by cheque is only permitted for customers paying annually. An invoice will be sent to customers thirty days in advance of the renewal date. We reserve the right to levy an additional administration charge of 10% subject to a £25 minimum.
8.4 Sofo Dynamix reserves the right to establish and review renewal prices at its own discretion.
8.5 In the event of a customer cancelling an order that is usually paid via a standing order, it is solely the customer's responsibility to ensure that the standing order is stopped. If due to oversight the standing order continues to be made to Sofo Dynamix, it is entirely at Sofo Dynamix's discretion how much of a refund, if any, is granted. The maximum period a refund is backdated to can only be 6 months.
8.6 Any orders set up on a direct debit will see the fee taken seven to ten days in advance of the expiry date, therefore any cancellation needs to be requested at least fifteen days before the expiry date. In the event that you fail to notify us of cancellation before your account is charged, you will not be entitled to a refund. It is solely the responsibility of the customer to inform their bank to ensure the direct debit payments are stopped. Should you fail to notify your bank after cancelling a service, and payments continue to be made after requesting the cancellation of a service, no refund will be granted, regardless of how much time has elapsed, or how many payments have been made after the cancellation request.
9. STANDARDS OF CONDUCT
Websites containing pornography and/or sex-related merchandising are prohibited on Sofo Dynamix servers. Sites containing nudity for purposes other than educational or health/well-being topics are not permitted on Sofo Dynamix servers. Sofo Dynamix reserve the right to suspend and/or delete any site found to contain such material from our servers without prior notice. No refund of monies paid to Sofo Dynamix for hosting in respect of this site will be due and the Customers account will be terminated. Final decision on content deemed to be unsuitable will be that of Sofo Dynamix and no correspondence will be entered into.Spamming, or the sending of unsolicited email, from a Sofo Dynamix server or using an email address that is maintained on a Sofo Dynamix machine is strictly prohibited. Any Customer found to be using a Sofo Dynamix service for such purposes may have their account terminated without notice.Sofo Dynamix Customers may only use the Internet for lawful purposes and must agree not to knowingly use the service for the transmitting or uploading/downloading of material that is obscene, pornographic, threatening, offensive, defamatory, inaccurate, deliberately misleading, in breach of confidence or in breach of any UK law.Any breach of these obligations will allow Sofo Dynamix to terminate the Customers account immediately.The Customer must keep their username and password secure and not let them become public knowledge and that the password will not be stored anywhere on a computer in plain text, that if the password becomes known to another unauthorised person they will inform Sofo Dynamix immediately.The Customer agrees to fully and effectively indemnify Sofo Dynamix against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by Sofo Dynamix in consequence of the Customers breach or non-observance of all points contained herein.The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Sofo Dynamix arising from breach or breaches of points above. Sofo Dynamix may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide Sofo Dynamix with the assistance necessary to defend such claims, at the Customers sole expense.The Customer agrees that they will not re-sell, sub-lease, reassign or transfer the Sofo Dynamix connection. Sofo Dynamix reserve the right to terminate the service if it is suspected that contravention of these terms has taken place.
Sofo Dynamix undertake to deal with all complaints quickly, efficiently and confidentially and will strive to achieve an amicable solution efficiently and with the minimum of delay incurred to our Customer. Complaints about our service may be submitted in writing to the address below or by email to [email protected]
11. SOFTWARE AGREEMENT
Sofo Dynamix may supply, as part of this agreement, licensed and unlicensed programs, protected by copyright law. Your right to use the software is limited to the terms and conditions enclosed with each program.
12. LIMITATION OF LIABILITY
12.1 Replacement or refund (at the option of Sofo Dynamix) is the exclusive remedy if there is a defect. In no event shall Sofo Dynamix or the other software providers be liable for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
12.2 Nothing in this Agreement excludes each party's liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
12.3 Neither party shall be liable to the other, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of data.
12.4 Subject to Clauses 14.1 and 14.2, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with this Agreement shall for any one incident of series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose.
12.5 We are under no obligation to edit, review or modify Customer Information or Third Party Content. However, we reserve the right to remove any Customer Information or Third Party Information without notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.
12.6 We exclude all liability of any kind in respect of:
12.6.1 Customer Information, Third Party Content, Content and any other material on the Internet which can be accessed using the Service and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Service or on the Internet;
12.6.2 the accuracy, completeness or suitability for any purpose of any Content; and
12.6.3 the acts or omissions of other providers of telecommunications or Internet services (including Domain Name registration authorities) or for faults in or failures of their equipment.
13. FORCE MAJEURE
13.1 Neither party will be liable to the other for any failure to deliver the Service or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to: lightning, exceptionally severe weather, fire, explosion, war, industrial disputes, government action or regulation or national or local emergency. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.
14. GENERAL PROVISIONS
14.1 We may change the provisions of this Agreement (including the charges) at any time, provided that we will give you notice of the changes at least 14 days before the change is to take effect at which time you may terminate this Agreement if the change materially affects the Service.
14.2 This Agreement represents the entire understanding between the parties in relation to its subject matter and supersedes all agreements and representations made by either party, whether oral or written.
14.3 The parties acknowledge and agree that:
14.3.1 the parties have not been induced to enter into this Agreement by any representation, warranty or other assurance not expressly incorporated into it; and
14.3.2 in connection with this Agreement the parties' only rights and remedies in relation to any representation, warranty or other assurance are for breach of this Agreement and that all other rights and remedies are excluded, except in the case of fraud.
14.4 This Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
14.5 Notices given under this Agreement must be in writing and may be delivered by hand, courier or first class post, by fax or e-mail to the following addresses:
(a) to us at the relevant address provided during the registration process for Sofo Dynamix or any alternative address which Sofo Dynamix notifies to you;
(b) to you at the relevant postal or email address provided as part of the details which you submit during the registration process or any alternative address that you provide to Sofo Dynamix via the 'My Account' pages.
14.6 Neither party may assign sub-contract or transfer any of their rights or obligations under this Agreement without the prior written consent of the other party, except that Sofo Dynamix may assign or transfer its rights and/or obligations to any Affiliate from time to time without the prior written consent of the Supplier.
14.7 If any part, term or provision of this Agreement is held to be illegal or unenforceable the validity or enforceability of the remainder of this Agreement will not be affected.
14.8 If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach.
15.1 This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.
15.2 The Customer and Sofo Dynamix both agree to submit to the exclusive jurisdiction of the English Courts. The Customer and Sofo Dynamix both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.
This does not affect your statutory rights.
16. APPROPRIATE USAGE
16.1 The primary purpose of any site must be to provide web-based content to viewers. Files on the site must be linked to the web site. In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in circumstances where Sites use excessive amounts of our server processing power, server memory, or abuse controls, we could limit downloads from your site.
17. Security & Viruses
17.1. You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.
17.2. Your password provides access to your Account. It is your responsibility to keep your password secure.
17.3. Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.
17.4. Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.
17.5. You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.
17.6. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password cracking tools or network probing tools.
17.7. You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
17.8. You agree and understand that users who violate systems or network security may incur criminal or civil liability. Sofo Dynamix will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
17.9. You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Service.
17.10. We cannot be responsible for any delays or failure to renew your SSL Certificates, in the case that your domain is not hosted with us. (Renewal requires us to gain access to emails from the SSL Certficate registrar)