For help, call: 0208 050 4201

Agreements

This page contains all of the legal agreement and policies that apply to the products and services of Penseth. To view one of the documents below, click on it's heading and it will expand to show the full text.

Universal Terms of Service

Penseth Universal Terms of Service

Last Revised: 8 May 2017

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Penseth LTD, a company registered in England Wales with number 10640564 (Penseth) and you, and is made effective as of the date of electronic acceptance.  This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.

Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:

Agreements

Domain Name Registration Agreement

Domain Name Transfer Agreement

Web Hosting Agreement

Website Transfer Agreement

 

Policies

ERRP Policy

Privacy Policy

Refund Policy

 The terms “we”, “us” or “our” shall refer to Penseth.  The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Penseth may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.  Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.  In addition, Penseth may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your shopper account (“Account”) information current.  Penseth assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

2. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law.  By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognised as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United Kingdom or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity.  If, after your electronic acceptance of this Agreement, Penseth finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Penseth shall not be liable for any loss or damage resulting from Penseth’s reliance on any instruction, notice, document or communication reasonably believed by Penseth to be genuine and originating from an authorised representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Penseth reserves the right (but undertakes no duty) to require additional authentication from you.  You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorised by you.

3. ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts.  In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Penseth that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.  If Penseth has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Penseth reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.  You are solely responsible for the activity that occurs on your Account, whether authorised by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and any other detail provided on your Account.  For security purposes, Penseth recommends that you change your password at least once every six (6) months for each Account .  You must notify Penseth immediately of any breach of security or unauthorised use of your Account. Penseth will not be liable for any loss you incur due to any unauthorised use of your Account. You, however, may be liable for any loss Penseth or others incur caused by your Account, whether caused by you, or by an authorised person, or by an unauthorised person.

Transfer of Data Abroad.  If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries.  By visiting this Site and communicating electronically with us, you consent to such transfers.

4. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

From time to time, Penseth may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) Penseth reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) Penseth may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by Penseth; (viii) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Penseth; (ix) The Beta Services are provided “as is”, “as available”, and “with all faults”.   To the fullest extent permitted by law, Penseth disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Penseth offers paid support services :

• Rocket-Boost - Hosting Training: up to 30 minutes with a support representative to assist with setting up your hosting account following the getting started guide. This service is available for cPanel, Plesk, and Managed WordPress.

• Website Migration: Penseth will assist customer with moving customer’s website from another host to Penseth.  Please allow up to 24-hours to complete.  Website migrations are subject to the Website Transfer Agreement which is hereby incorporated by reference. 

You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with Penseth.  You acknowledge and agree that the Services may be provided by independent contractors or third party service providers. 

All paid services are non-refundable.

5. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

i. Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

ii. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. 

iii. You will not use this Site or the Services in a manner (as determined by Penseth in its sole and absolute discretion) that:

• Is illegal, or promotes or encourages illegal activity;

• Promotes, encourages or engages in child pornography or the exploitation of children;

• Promotes, encourages or engages in terrorism, violence against people, animals, or property;

• Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

• Infringes on the intellectual property rights of another User or any other person or entity;

• Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

• Interferes with the operation of this Site or the Services found at this Site;

• Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or

• Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Penseth or Penseth’s Services.

iv. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorised by Penseth.

v. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

vi. You will not access Penseth Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Penseth may designate.

vii. You agree to back-up all of your User Content so that you can access and use it when needed. Penseth does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

viii. You will not re-sell or provide the Services for a commercial purpose, including any of Penseth’s related technologies, without Penseth's express prior written consent.

ix. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

x. You are aware that Penseth may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow Penseth, in its sole discretion, to record the entirety of such calls regardless of whether Penseth asks you on any particular call for consent to record such call.  You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Penseth is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Penseth that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Penseth.  Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Penseth that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from Penseth. Message and data rates may apply.

Penseth reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

6. YOUR USE OF PENSETH CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section apply specifically to your use of Penseth Content and User Content posted to Penseth’s corporate websites (i.e., those sites which Penseth directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Penseth Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Penseth Content”), are owned by or licensed to Penseth in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United Kingdom and foreign countries, and other intellectual property rights under United Kingdom and foreign laws. Penseth Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Penseth. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Penseth reserves all rights not expressly granted in and to the Penseth Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.

User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).  User Submissions include, but are not limited to, forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity. User Content includes all content submitted through your Account.  By posting or publishing User Content to this Site or to the Services, you represent and warrant to Penseth that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Penseth Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Penseth Content or the User Content therein.

7. PENSETH’S USE OF USER CONTENT

The provisions in this Section apply specifically to Penseth’s use of User Content posted to Penseth’s corporate websites (i.e., those sites which Penseth directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Generally.  You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

With Respect to User Submissions.  You acknowledge and agree that:

i. Your User Submissions are entirely voluntary.

ii. Your User Submissions do not establish a confidential relationship or obligate Penseth to treat your User Submissions as confidential or secret.

iii. Penseth has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.

iv. Penseth may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

Penseth shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

With Respect to User Content (Other Than User Submissions)

If you have a website or other content hosted by Penseth, you shall retain all of your ownership or licensed rights in User Content.

By posting or publishing User Content to this Site or through the Services, you authorize Penseth to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.  You hereby grant Penseth a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Penseth’s (and Penseth’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Penseth may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.  Notwithstanding anything to the contrary contained herein, Penseth shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Penseth’s (or Penseth’s affiliates’) business(es). 

8. PRODUCT CREDITS

In the event you are provided with a product credit (“Credit”), whether for redemption of the purchase of a specific product or for free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid for one (1) year and is only available with a valid purchase and may be terminated in the event the product purchased is deleted, cancelled, transferred or not renewed.The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed.  In the event that the Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account or by contacting customer service.  In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on Penseth’s website and is not subject to any promotion, discount, or other reduction in price. For Credits issues for free with another Purchased Product, you acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion. 

9. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

Penseth generally does not pre-screen User Content (whether posted to a website hosted by Penseth or posted to this Site).  However, Penseth reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Penseth may remove any item of User Content (whether posted to a website hosted by Penseth or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Penseth in its sole and absolute discretion), at any time and without prior notice. Penseth may also terminate a User’s access to this Site or the Services found at this Site if Penseth has reason to believe the User is a repeat offender.  If Penseth terminates your access to this Site or the Services found at this Site, Penseth may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

10. ADDITIONAL RESERVATION OF RIGHTS

Penseth expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Penseth in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Penseth in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Penseth, its officers, directors, employees and agents, as well as Penseth’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Penseth.

Penseth expressly reserves the right to review every Account for excessive space and bandwidth utilisation, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

Penseth expressly reserves the right to terminate, without notice to you, any and all Services where, in Penseth's sole discretion, you are harassing or threatening Penseth and/or any of Penseth's employees.

11. NO SPAM; LIQUIDATED DAMAGES

No Spam.  We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint centre to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation. 

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

        i.      Email Messages

       ii.      Newsgroup postings

      iii.      Windows system messages

      iv.      Pop-up messages (aka "adware" or "spyware" messages)

       v.      Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)

      vi.      Online chat room advertisements

     vii.      Guestbook or Website Forum postings

    viii.      Facsimile Solicitations

      ix.      Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated. 

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our support system.

Liquidated Damages.  You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of £1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

12. TRADEMARK AND/OR COPYRIGHT CLAIMS

Penseth supports the protection of intellectual property.  If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact our support team to raise the issue.

13. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Penseth. Penseth assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Penseth does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Penseth from any and all liability arising from your use of any third-party website. Accordingly, Penseth encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

14. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. Penseth, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Penseth, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Penseth ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Penseth, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS  WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL Penseth, ITS OFFICERS, DIRECTORS, EMPLOYEES,  AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Penseth IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL Penseth’S TOTAL AGGREGATE LIABILITY EXCEED £50.00 GBP.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

16. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Penseth and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Penseth directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.  The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

17. DISCONTINUED SERVICES; END OF LIFE POLICY

Penseth reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Penseth makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by Penseth, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Penseth will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Penseth in its sole and absolute discretion. Penseth may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.

No Liability. Penseth will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

18. FEES AND PAYMENTS

  1. GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services.  All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.  Penseth expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.  If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. 

Except as prohibited in any product-specific agreement, you may pay for Services by utilising any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by Direct Debit, (iii) by using PayPal (as defined below), or (iv) via in-store credit balances, if applicable (and as defined below), each a “Payment Method”.  For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account.  Confirmation of that order will be sent to the email address on file for your Account.  Your Payment Method on file must be kept valid if you have any active Services in your Account.

In addition, you acknowledge and agree that the location for the processing of your payments may change based on the type of Payment Method chosen, any changes or updates made to your Payment Method, or based on the currency selected for the Payment Method.

Other than as required by applicable law, Penseth does not retain hard copy or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request.  You may view or change your automatic renewal settings at any time by logging into your Penseth account.

You acknowledge and agree that where refunds are issued to your Payment Method, Penseth's issuance of a refund receipt is only confirmation that Penseth has submitted your refund to the Payment Method charged at the time of the original sale, and that Penseth has absolutely no control over when the refund will be applied towards your Payment Method’s available balance.  You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer. 

In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Penseth, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; or (ii) via issuance of a Penseth check, which will be sent to the mailing address on file for your Account.  Penseth also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.  For the avoidance of doubt, any and all refunds processed via the issuance of either in-store credits or a Penseth check are solely within Penseth’s discretion and are not available at customer request.

If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month. 

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL.  EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD (EXCEPT FOR DOMAIN NAMES WHICH MAY RENEW FOR THE ORIGINAL SERVICE PERIOD).  FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL TYPICALLY BE FOR ONE YEAR.  HOWEVER, IN THE EVENT RENEWAL WITH THE PAYMENT METHOD ON FILE FAILS, Penseth MAY ATTEMPT TO RENEW THE APPLICABLE SERVICE FOR A PERIOD LESS THAN THE ORIGINAL SUBSCRIPTION PERIOD TO THE EXTENT NECESSARY FOR THE TRANSACTION TO SUCCEED. 

UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, Penseth WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH Penseth AT Penseth’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD.  IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER FROM THIS SITE AND CLICK PRODUCTS AND SERVICES.  IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM, UNLESS YOU MANUALLY RENEW YOUR SERVICES PRIOR TO THAT DATE (IN WHICH CASE THE SERVICES WILL AGAIN BE SET TO AUTOMATIC RENEWAL).  IN OTHER WORDS, SHOULD YOU ELECT TO CANCEL YOUR PRODUCT AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND Penseth SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

IN ADDITION, Penseth MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION).  IF WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US.  IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, Penseth WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. Penseth MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) CANCELLING PRODUCTS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID.  FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND Penseth SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. 

If for any reason Penseth is unable to charge your Payment Method for the full amount owed for the Services provided, or if Penseth receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Penseth may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf.  Penseth also reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks Penseth may perform outside the normal scope of its Services, (ii) additional time and/or costs Penseth may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Penseth in its sole and absolute discretion).  Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by Penseth staff or by outside firms retained by Penseth; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Penseth as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Penseth.

Penseth may offer product-level pricing in various currencies; however, transaction processing is supported only in Pound sterling and a select number of the currency options displayed on this Site ("Supported Currency" or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in Pound sterling and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank.  In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and Penseth makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

(B) REFUND POLICY

Products and Services available for refunds are described here (“Refund Policy”). 

In the event you purchase a product that includes a free domain name, if you cancel the product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on Penseth’s website and is not subject to any promotion, discount, or other reduction in price.

(C) PAY BY PAYPAL

By using Penseth’s pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).

It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card.  You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Penseth shall be liable to you or any third party regarding the same.  If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Penseth may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of £25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.

By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorise a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.

(D)  DIRECT DEBIT

Penseth offers Direct Debit services via GoCardless. If you choose Direct Debit as your payment option, you agree for us to debit the payment amount and any and all charges related to your purchase from your bank account using GoCardless services. You also agree to abide by the terms and conditions of use outlined by GoCardless.

(E) IN-STORE CREDIT BALANCES

In the event that your Account contains an in-store credit balance, you may apply any available credit balance to any future purchase in your Account.  In the event that your Account contains an in-store credit balance, you hereby authorise Penseth to apply any available credit balance to any outstanding administrative fees, chargebacks or other fees related to your Account. In the event that your default Payment Method fails for an automated billing in connection with the processing of any Service renewals, Penseth may utilise any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, Penseth is not responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit.  In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using Penseth’s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, Penseth may also impose an additional administrative fee to compensate for the risks and costs associated with providing currency conversion services.

You can verify your available in-store credit balance at any time by logging into “Manage Your Account” or through the shopping cart on the Penseth website. You acknowledge that in-store credit balances are non-transferrable, may only be used in the Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance.  In the event that Penseth terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited. 

You also acknowledge that funds available in your in-store credit balance will be held by Penseth and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you understand and agree that Penseth shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.

(F) Expired Domain Name Purchases

For expired domains names purchased through Your account, You acknowledge and agree that You are responsible for payment within forty-eight (48) hours of auction close for the successful bid amount plus the one (1) year renewal or transfer fee (from the end of the domain name’s previous registration period), plus ICANN fee, if applicable, or any valid payment method associated with the account, will be charged on the third day following the auction close.

19. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

20. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

21. COMPLIANCE WITH LOCAL LAWS

Penseth makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations. 

22. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

PLEASE READ THIS SECTION CAREFULLY.  FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.

(A) Disputes. The terms of this Section shall apply to all Disputes between you and Penseth, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above.  For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Penseth arising under or relating to any Penseth Services or Products, Penseth’s websites, these Terms, or any other transaction involving you and Penseth, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND Penseth AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR Penseth FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.

(B) Binding Arbitration. You and Penseth further agree i to arbitrate all Disputes between the parties pursuant to the provisions in these Terms and this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 15 of this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.

(C) Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.

(D) Dispute Notice. In the event of a Dispute, you or Penseth must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Penseth must be addressed to: Penseth , Kemp House, 152 City Road, London, EC1V 2NX, Attn.: Legal Department (the “Penseth Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you.  If Penseth and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Penseth may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND Penseth AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS.  NEITHER YOU NOR Penseth WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OF PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.  NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

(F) Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by an arbiter of Penseth’s choosing. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, as limited by the Limitation of Liability set forth in Section 15 of this Agreement. All Disputes shall be resolved by a single arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable.  The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.  Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in London, UK.

(G) Initiation of Arbitration Proceeding. If either you or Penseth decide to arbitrate a Dispute, we agree to the following procedure:

i.   Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.adr.org (“Demand for Arbitration: Consumer Arbitration Rules”).

ii. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.

(H) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Penseth or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Penseth is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

(I) Claims or Disputes Must be Filed Within One Year.  To the extent permitted by law, any claim or dispute to which this Section applies must be filed within one year in small claims or in arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed.  If not filed within one year, the claim or dispute will be permanently barred.

(J) 30-Day Opt-out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY Penseth BY E-MAILING policies@penseth.com WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the e-mail, you must provide your (a) first name, (b) last name (c) address, (d) phone number, and (e) account number(s) and state the following: “I wish to opt out of the arbitration provision contained in Penseth’s Universal Terms of Service Agreement.” By providing your information in the method above, you are opting out of the agreement to arbitrate contained in Penseth’s Universal Terms of Service. Your opt-out request will only be valid if made within thirty (30) days of first accepting the Universal Terms of Service. In the event that you opt-out consistent with the procedure set forth above, all other terms shall contained herein shall continue to apply, including those related to the applicable governing law and the court(s) in which legal disputes may be brought.

(L) Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and Penseth agree that if Penseth makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Penseth’s address) in these Terms, Penseth will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments.  If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing.  If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.

(M) Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.

(N) Exclusive Venue for Other Controversies. Penseth and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Maricopa County, Arizona, or the United States District Court for the District of Arizona, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.  You also agree to waive the right to trial by jury in any such action or proceeding.

26. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilised in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

27. ENGLISH LANGUAGE CONTROLS

This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration. 

28. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

Penseth Legal Department
Kemp House,

City Road,

London,

EC1V 2NX

policies@Penseth.com

Domain Registration Agreement

DOMAIN REGISTRATION AGREEMENT

Last Revised: 5th May 2017

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES

Overview

This Domain Name Registration Agreement (this "Agreement") is entered into by and between Penseth LTD, a company registered in England Wales with number 10640564 (Penseth) and you, and is made effective as of the date of electronic acceptance.  This Agreement sets forth the terms and conditions of your use of Penseth's Domain Name Registration services (the "Domain Name Registration Services" or the "Services").

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) Penseth’s Universal Terms of Service Agreement, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the Domain Name Registration Services landing page of the Penseth website (this “Site”), both (i) and (ii) of which are incorporated herein by reference.

The terms "we", "us" or "our" shall refer to Penseth.  The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement.  Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

You acknowledge and agree that (i) Penseth, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.  In addition, Penseth may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current.  Penseth assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

You acknowledge and agree that Penseth may modify this Agreement in order to comply with its adherence to ICANN requirements, as well as any other terms and conditions set forth by (i) ICANN and/or (ii) the registry applicable to the top level domain ("TLD") or country code top level domain ("ccTLD") in question.  As used herein, the terms "registry", "Registry", "registry operator" or "Registry Operator" shall refer to the registry applicable to the TLD or ccTLD in question.  To identify the sponsoring registrar, click here.

In addition to domain name registrations, we may offer a variety of products that can be added to your domain name registration. Your purchase and use of each additional product is subject to both the general terms and conditions and the specific terms and conditions for each product as set forth in this Agreement

Fees and payments

You agree to pay any and all prices and fees (including any registration fees required by ICANN) due for Services purchased at this Site or via other agreement at the time you order the Services.  All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Penseth expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.  If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Where refunds are issued, Penseth's issuance of a refund receipt is confirmation that Penseth has submitted your refund to the Payment Method (as defined below) charged at the time of the original sale.  You acknowledge and agree that the associated payment provider and/or individual issuing bank establish and regulate the time frames for posting your refund.  Refund posting time frames may range from five (5) business days to a full billing cycle.

You may pay for Services by providing a valid credit card, PayPal (as defined in the Universal Terms of Service Agreement), Stripe (as defined in the Universal Terms of Service Agreement), GoCardless (as defined in the Universal Terms of Service Agreement) or by using Penseth's “Credit Service" to establish a cash reserve for charge by Penseth (each, a "Payment Method").  Your Payment Method on file must be kept valid if you have any active Services in your Shopper Account.

If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.

In order to ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option.  The automatic renewal option automatically renews the applicable Service for a renewal period equal in time to the last service period.  For example, if your last service period is for one year, your renewal period will be for one year.  While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting.  Therefore, unless you disable the automatic renewal option, Penseth will automatically renew the applicable Service when it comes up for renewal and will take payment from the Payment Method you have on file with Penseth at Penseth's then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period.  In order to see the renewal settings applicable to you and your Services, simply log into your Account manager ("Account Manager") and select ‘Services’.  You may enable or disable the automatic renewal option at any time.  However, should you elect to disable the automatic renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and Penseth shall not be liable to you or any third party regarding the same.In addition, Penseth may participate in "recurring billing programs" or "account updater services" supported by your credit card provider (and ultimately dependent on your bank's participation).  If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us.  In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, Penseth will automatically update your payment profile on your behalf. Penseth makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid.  Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and Penseth shall not be liable to you or any third party regarding the same.

If for any reason Penseth is unable to charge your Payment Method for the full amount owed for the Services provided, or if Penseth is charged a penalty for any fee it previously charged to your Payment Method, you agree that Penseth may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason Penseth is unable to charge your credit card with the full amount owed for the Services provided, or if Penseth is charged back for any fee it previously charged to the credit card you provided, you agree that Penseth may pursue all available lawful remedies in order to obtain payment. You agree that the remedies Penseth may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf. Penseth reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks Penseth may perform outside the normal scope of its Services, (ii) additional time and/or costs Penseth may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Penseth in its sole and absolute discretion). Typical scenarios include, but are not limited to, customer service issues that require additional personal time or attention, fees incurred by third-party payment providers such as PayPal, Stripe, and GoCardless (as defined in the Universal Terms of Service Agreement), fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a Payment Method processor, and disputes that require accounting or legal services. These administrative fees or processing fees will be billed to the Payment Method you have on file with Penseth.

Penseth may offer product-level pricing in various currencies; however, transaction processing is supported only in pounds sterling and a select number of the currency options displayed on this Site ("Supported Currency" or "Supported Currencies"). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in pounds sterling and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank.  In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and Penseth makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

Please refer to the Universal Terms of Service Agreement for further details regarding the individual Payment Methods referenced above.

(b) domain name renewal terms

When you register a domain name, you will have three renewal options: (i) "Automatic Renewal" and (ii) "Manual Renewal":

1. Automatic Renewal.  Automatic Renewal is the default setting. Therefore, unless you select Manual Renewal, Penseth will enroll you in the Automatic Renewal plan.  If you enroll in the Automatic Renewal plan, Penseth will automatically renew, for a period equivalent to the length of your original domain name registration, any domain name that is up for renewal and will take payment from the Payment Method you have on file with Penseth, at Penseth's then current rates. Thus, if you have chosen to register your domain name for one (1) year, Penseth will automatically renew it for one (1) year. If you have chosen to register your domain name for two (2) years, Penseth will automatically renew it for two (2) years, and so on.

2. Manual Renewal.  If you do not select that the domain name be automatically renewed, you have the responsibility of logging into the Domain Manager portion of your Account Manager for that domain name and manually implementing the renewal by the expiration date (should you in fact want the domain name to be renewed). If you fail to manually implement the renewal before the expiration date, the domain name will be cancelled and you will no longer have use of that name.

All renewals will be subject to the terms of this Agreement, as it may be amended from time to time, and you acknowledge and agree to be bound by the terms of this Agreement (as amended) for all renewed domains.  Domain name renewals will be non-refundable. If for any reason Penseth is not able to take the payment from the Payment Method you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your Payment Method information current, which includes the expiration date if you are using a credit card.

For certain ccTLDs
(.am, .at, .be, .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg), renewal billing will occur on the first day of the month prior to the month of expiration.

For certain ccTLDs
(.am, .at, .be, .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg), you must renew no later than the 20th of the month prior to the expiration date, or your domain name will be placed in non-renewal status. For some ccTLDs (.es) you must renew no later than seven days before the expiration date, or your domain name will be placed in non-renewal status.  When the domain name is in non-renewal status, you can renew the domain name only by calling Penseth and requesting that the domain name be renewed. You cannot renew the domain name through your Account Manager. If you fail to manually implement the renewal before the expiration date, the domain name will be cancelled and you will no longer have use of that name.

You agree that Penseth will not be responsible for cancelled domain names that you fail to renew, either automatically or manually in the timeframes indicated in this Agreement. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If you signed up for privacy services, protected registration, or any other similar service, with your domain name registration, these services will automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additional renewal fee unless you cancel in advance.

If you fail to renew your domain name in the timeframes indicated in this Agreement, you agree that Penseth may, in its sole discretion, renew your expired domain name on your behalf. If Penseth decides to renew your expired domain name on your behalf, you will have a Renewal Grace Period during which you may reimburse Penseth for the renewal and keep your domain name. The Renewal Grace Period is currently twelve (12) days but subject to change under the terms of this Agreement. For certain ccTLDs (.am, .at, .be, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg) there is no Renewal Grace Period after the expiration date of the domain name. If you do not reimburse Penseth for the renewal during the Renewal Grace Period your domain name will be placed on Hold and flagged for deletion after which you will have a 30-day redemption period during which you may pay Penseth a Redemption fee and redeem your domain name. The Redemption fee is currently £80.00 GBP and is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the 30-day redemption period Penseth may, in its sole discretion, delete your domain name or transfer it to another registrant on your behalf.  During the redemption period your domain name may be parked.

If your domain name is deleted, the Registry also provides a 30-day Redemption Grace Period during which you may pay Penseth a redemption fee and redeem your domain name. The redemption fee is currently £80.00 GBP and is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the Registry's Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.

Renewal Grace Periods and Redemption Grace Periods vary for different ccTLDs. Please refer to the specific terms for the applicable TLD. In the event there is a conflict between the provisions of this paragraph and the ccTLD terms, the ccTLD terms shall control.

Our registration expiration notification policy and associated fees are described here.

(C) FREE PRODUCT terms

In the event you are provided with free products with the registration of a domain name, you acknowledge and agree that such free products will only be available with a valid purchase and may be terminated in the event the domain name is deleted or cancelled.  For free domain names, you acknowledge and agree that you may not change the account associated with such free domain for the first five (5) days after registration.  In the event a free domain name is offered with the registration of another domain and if the paid domain name registered fails, then Penseth may, in its sole discretion, either delete the registration of the free domain or refund the difference between the amount paid and the value of the free domain.  Failed registrations associated with promotionals offers may result in the deletion of the free or discounted item or an adjustment between the registered domain price and the value of the discounted item, in Penseth's sole discretion.

Term of agreement; transfers; domain tasting

The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through Penseth.

You agree that you will not transfer any domain name registered through Penseth to another domain name registrar during the first sixty (60) days after its initial registration date.

You further agree that you will not engage in "domain tasting" by using the five (5) day grace period in which a registrant may choose to cancel a domain name and get a full refund of the registration fee as a vehicle to test the marketability or viability of a domain name.  If Penseth determines (which determination shall be made by Penseth in its sole and absolute discretion) that you have been engaging in "domain tasting", then Penseth reserves the right to (a) charge you a small fee (which fee shall be deducted from any refund issued) or (b) refuse your cancellation/refund request altogether. Penseth will not charge you a fee if Penseth cancels your domain name during the five (5) day grace period due to fraud or other activity outside of your control. The five (5) day grace period does not apply to Premium Domains, which are non-refundable.

You agree that Penseth shall not be bound by (i) any representations made by third parties who you may use to purchase services from Penseth, or (ii) any statements of a general nature, which may be posted on Penseth's website or contained in Penseth's promotional materials.

Up to date information; use of information and expiration

You agree to notify Penseth within five (5) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Penseth with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Penseth to determine the validity of information provided by you, shall also be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. You agree to retain a copy for your record of the receipt for purchase of your domain name.

You agree that for each domain name registered by you, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the Registered Name Holder and, if different from the Registered Name Holder, the same contact information for, a technical contact, an administrative contact and a billing contact.

You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. Both Penseth and the registry operator may be required to archive this information with a third-party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party's consent to such disclosure.  Registrar will not process data in a way that is incompatible with this Agreement.  Registrar will take reasonable precautions to protect data from loss or misuse.

You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:

  • The domain name;
  • Your name and postal address;
  • The name, email address, postal address, voice and fax numbers for technical and administrative contacts;
  • The Internet protocol numbers for the primary and secondary name servers;
  • The corresponding names of the name servers; and
  • The original date of registration and expiration date.
  • Name of primary name server and secondary name server.
  • Identity of the registrar.

You agree that, to the extent permitted by ICANN, Penseth may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names you agree to provide any individuals whose personal information you've obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

In order for us to comply with any current or future rules and policies for domain name systems including any rules or policies established by any provincial or federal government or by other organization having control or authority to establish rules or policies, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following information that you are required to provide when applying for a domain name:

  1. The domain or sub-domain name(s) registered by you;
  2. Your organization name, type and postal address;
  3. The name(s), position(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain or sub-domain name(s);
  4. The full hostnames and Internet protocol (IP) addresses of at least two (2) name server hosts (one primary and at least one secondary) for your domain or sub-domain name. Up to six (6) name servers may be specified. If a host has more than one (1) IP address, use a comma-separated list;
  5. The corresponding names of those name servers;
  6. The original creation date of the registration; and
  7. The expiration date of the registration.

We may be required to make this information available in bulk form to third parties. We may also transfer or assign this information to third parties as we may decide, in our sole discretion.

Dispute resolution policy

You agree that if a dispute arises as a result of one (1) or more domain names you have registered using Penseth, you will indemnify, defend and hold Penseth harmless as provided for in this Agreement. You also agree that if Penseth is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using Penseth, that Penseth, in its sole discretion, may take whatever action Penseth deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold Penseth harmless for any action taken by Penseth.

You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where registrar is located.

Transfer of domain names; resale practices

If you transfer any domain name, you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Name Transfer Agreement. You may view the latest version of our Domain Name Transfer Agreement online. In order to further protect your domain name, any domain name registered with Penseth or transferred to Penseth shall be placed on lock status. The domain name must be placed on unlock status in order to initiate a transfer of the domain name away from Penseth to a new Registrar. You may log into your account with Penseth at any time after your domain name has been successfully transferred to Penseth, and change the status to unlock.

In the event you are purchasing a domain name on behalf of a third party, you agree to inform any customer of yours, who may be acquiring a domain name through you using Penseth's registration services, that they are in fact registering their domain name through Penseth. You agree not to represent that you are an ICANN-accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your website.

You agree to obtain each of your customers' acceptances to the then current version of this Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customers accept additional terms and conditions that are not required by Penseth, you agree that such additional terms and conditions shall not conflict with this Agreement and the policies and procedures adopted by ICANN.

You agree that Penseth is not lending you access to its registrar connections or its registry access, nor will you be deemed to be a registrar in your own right. Furthermore, you agree you will not attempt to gain access to Penseth's registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database.

You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within five (5) business days, provide such information to Penseth so Penseth may update its registration records. You will retain copies of all communications between you and your customers and will upon request provide Penseth copies of same.

Your obligations; suspension of services; breach of agreement

Your represent and warrant to the best of your knowledge, neither the registration of the domain, nor manner it is directly or indirectly used, infringes the legal rights of any third party.  You will indemnify and hold harmless the registrar and registry operator, and their directors, officers, employees and agents, 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.  This obligation shall survive expiration or termination of this Agreement or the domain name registration.

You agree that, in addition to other events set forth in this Agreement:

1. Your ability to use any of the services provided by Penseth is subject to cancellation or suspension in the event there is an unresolved breach of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN;

2. Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any Penseth procedure not inconsistent with an ICANN adopted specification or policy (a) to correct mistakes by Penseth or the registry operator in registering any domain name; or (b) for the resolution of disputes concerning any domain name.

You acknowledge and agree that Penseth and registry reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognised as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by registry or any registrar in connection with a domain name registration, or (iii) for the non-payment of fees to registry; (iv) to protect the integrity and stability of the registry; (v) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (vi) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement; (vii) to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (viii) per the terms of this Agreement; (ix) following an occurrence of any of the prohibited activities described in Section 8 below; (x) during the resolution of a dispute.

You agree that your failure to comply completely with the terms and conditions of this Agreement and any Penseth rule or policy may be considered by Penseth to be a material breach of this Agreement and Penseth may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide Penseth with material evidence that you have not breached your obligations to Penseth within ten (10) business days, Penseth may terminate its relationship with you and take any remedial action available to Penseth under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, cancelling the registration of any of your domain names and discontinuing any services provided by Penseth to you. No fees will be refunded to you should your Services be cancelled or terminated because of a breach.

Penseth's failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.

Restriction of services; right of refusal

You agree not to use the services provided by Penseth, or to allow or enable others, to use the services provided by Penseth for the purposes of:

  • The transmission of unsolicited email (Spam); and
  • Repetitive, high volume inquires into any of the services provided by Penseth (i.e. domain name availability, etc.).

You acknowledge and agree that you are prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and you acknowledge and agree that the consequences for such activities include suspension of the domain name.

If you are hosting your domain name system (“DNS”) on Penseth’s servers, or are using our systems to forward a domain name, URL, or otherwise to a system or site hosted elsewhere, or if you have your domain name registered with Penseth, you are responsible for ensuring there is no excessive overloading on Penseth’s servers. You may not use Penseth’s servers and your domain name as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that Penseth reserves the right to deactivate your domain name from its DNS if Penseth deems it is the recipient of activities caused by your site that threaten the stability of its network.

You agree that Penseth, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. Penseth also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place. Penseth may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by Penseth in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to:

  • Activities prohibited by the laws of the United United Kingdom, European Union and/or foreign territories in which you conduct business;
  • Activities designed to encourage unlawful behaviour by others, such as hate crimes, terrorism and child pornography; and
  • Activities designed to harm or use unethically minors in any way.

In the event Penseth refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to Penseth in connection with the registration either being cancelled or refused. In the event Penseth deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.

Default settings; parked page

Choosing Your Domain Name Settings.  When you register a domain name with Penseth, you will be prompted to choose your domain name settings during the checkout process.  If you plan on using another provider for your website or hosting needs, then you should enter the name servers of such provider when you choose your domain name settings.  This will direct your domain name away from Penseth’s name servers.  If you are an existing Penseth customer and have already set up a customer profile designating your domain name settings for new domain name registrations, you will not need to complete this step again during the checkout process.

Penseth’s Default Settings.  If you do not direct your domain name away from Penseth’s name servers as described above, Penseth will direct your domain name to a “Parked Page” (“Default Setting”).  You acknowledge and agree that Penseth has the right to set the Default Setting.

Parked Page Default Setting.  Penseth’s Parked Page service is an online domain monetisation system designed to generate revenue (through the use of pay per click advertising) from domain names that are not actively being used as websites.  If your domain name is directed to a Parked Page, you acknowledge and agree that Penseth may display both (a) in-house advertising (which includes links to Penseth products and services) and (b) third-party advertising (which includes links to third-party products and services) on your Parked Page through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, or any other advertising means, and we may aggregate for our own use, related usage data by means of cookies and other similar means. In addition, you acknowledge and agree that all in-house and third-party advertising will be selected by Penseth and its advertising partners, as appropriate, and you will not be permitted to customise the advertising, or entitled to any compensation in exchange therefor.  Please note that the third-party advertising displayed on Penseth’s Parked Pages may contain content offensive to you, including but not limited to links to adult content.  Penseth makes no effort to edit, control, monitor, or restrict the content and third-party advertising displayed on Penseth’s Parked Pages, and expressly disclaims any liability or responsibility to you or any third party in connection therewith.

Return To Parked Page Default Setting Upon Domain Name Expiration.  Upon domain name expiration, and regardless of how you use your domain name during the term of your domain name registration, your domain name will automatically return to the Parked Page Default Setting described above.  As used in this paragraph, “expiration” is deemed to include any “renewal period” or “redemption period” immediately after the domain name expires, but before the domain name is returned to the registry.  Once your domain name has returned to the Parked Page Default Setting described above, the only way to opt out of the Parked Page service is to renew, redeem, or re-register your domain name in accordance with Section 2(B), Domain Name Renewal Terms, of this Agreement.

Domain Add-ONS

Privacy Protection

Privacy protection shields your personal information from the public Whois database. Secure information is placed in the public directory and all mail sent to your domain will be filtered for spam before being forwarded on to your registered email address.

Provisions specific to all registrations

You agree to be bound by the rules, policies and agreements of each Registry from which you purchase a domain name registration, which may include, but is not limited to, Top Level Domain Registries and Second Level Domain Registrations. You further agree to comply with the ICANN requirements, standards, policies, procedures, and practices for which each applicable Registry Operator has monitoring responsibility in accordance with the Registry Agreement between ICANN and itself or any other arrangement with ICANN. You further agree to comply with any operational standards, policies, procedures, and practices for the each Registry TLD established from time to time by the applicable Registry Operators in a non-arbitrary manner, which shall be effective thirty (30) days after email notice or posting on this Site.

Provisions specific to .BIZ registrations

Restrictions.  Registrations in the .BIZ TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of these restrictions, "bona fide business or commercial use" means the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS (i) to exchange goods, services, or property of any kind; (ii) in the ordinary course of trade or business; or (iii) to facilitate the exchange of goods, services, information, or property of any kind or the ordinary course of trade or business. Registering a domain name solely for the purposes of selling, trading or leasing the domain name for compensation, or for the unsolicited offering to sell, trade or lease the domain name for compensation does not constitute a "bona fide business or commercial use" of that domain name.

Eligibility Requirements.  As a .BIZ domain name registrant, you hereby certify to the best of your knowledge that (i) the registered domain name will be used primarily for bona fide business or commercial purposes and not exclusively for personal use or solely for the purposes of selling, trading or leasing the domain name for compensation or the unsolicited offering to sell, trade or lease the domain name for compensation; (ii) the domain name registrant has the authority to enter into this registration agreement; and (iii) the registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.

Domain Name Dispute Policy.  If you reserved or registered a .BIZ domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

  1. Uniform Domain Name Dispute Resolution Policy; and
  2. Restrictions Dispute Resolution Policy

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.

The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case basis by an independent ICANN-accredited dispute provider. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

Domain Name Dispute Policy Modifications.  You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our website at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you cancel or terminate your Services with us.

Domain Name Disputes.  You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.

Reservation of Rights.  We and the .BIZ Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that we deem necessary, in our discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of us and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. We and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

Indemnification.  You agree to indemnify, defend and hold harmless us and the .BIZ Registry Operator, NeuLevel, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.

Provisions specific to .COM registrations

You agree to indemnify, defend and hold harmless the .COM Registry Operator, VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.

Provisions specific to .INFO registrations

Acknowledgements.  You acknowledge and agree to: (i) consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the .INFO Registry Operator and its designees and agents; (ii) submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy; (iii) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and (iv) acknowledge that the Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period including, without limitation, the ability or inability of a registrant to obtain a Registered Name during these periods and the results of any dispute over a Sunrise Registration.

Indemnification.  You agree to indemnify, defend and hold harmless the .INFO Registry Operator, Afilias Limited, and its subcontractors, shareholders, directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. This indemnification requirement shall survive the termination or expiration of this Agreement.

Reservation of Rights.  We and the .INFO Registry Operator expressly reserve the right to deny, cancel or transfer any registration, or place any domain name on registry lock, hold or similar status, that we deem necessary, in our discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, to avoid any liability, civil or criminal, on the part of us and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, per the terms of the registration agreement, or to correct mistakes made by Registry Operator or us in connection with the domain name registration. We and Registry Operator also reserve the right to freeze a domain name during resolution of a dispute.

One Year Registration.  If you are registering a .INFO domain name and you elect to take advantage of special pricing applicable to one-year registrations, we will automatically renew your domain name for an additional one-year period at the end of the first year term by taking payment from the Payment Method you have on file, unless you notify us that you do not wish to renew. You will be notified and given the opportunity to accept or decline the one-year renewal prior to your domain name expiration date. In the event you decide not to renew your one-year .INFO domain name for a second year, your domain name registration will automatically revert back to us and we will gain full rights of registration to such domain name. You agree that if you delete or transfer your .INFO domain name during the first year, you will automatically be charged the second year renewal fees.

Provisions specific to .NET registrations

You agree to indemnify, defend and hold harmless the .NET Registry Operator, VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.

Provisions specific to .ORG registrations

Acknowledgements.  You acknowledge and agree to: (i) consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the Registry Operator and its designees and agents; (ii) submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy; (iii) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and (iv) acknowledge that the Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period including, without limitation, the ability or inability of a registrant to obtain a Registered Name during these periods and the results of any dispute over a Sunrise Registration.

Indemnification.  You agree to indemnify, defend and hold harmless the .ORG Registry Operator, Public Interest Registry, and its subcontractors, and the directors, officers, employees, affiliates and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. This indemnification requirement shall survive the termination or expiration of this Agreement.

Reservation of Rights.  We and the Registry Operator expressly reserve the right to deny, cancel or transfer any registration or transaction, or place any registered domain name on registry lock, hold or similar status, that we deem necessary, in our discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, to avoid any liability, civil or criminal, on the part of us and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors, and employees, per the terms of this Agreement, or to correct mistakes made by Registry Operator or us in connection with the domain name registration. We and Registry Operator also reserve the right to place on registry lock, hold or similar status a domain name during resolution of a dispute.

OTHER COUNTRY CODE TOP LEVEL DOMAINS

You represent and warrant that you meet the eligibility requirements of each ccTLD you apply for. You further agree to be bound by any registry rules, policies, and agreements for that particular ccTLD. These may include, but are not limited to, agreeing to indemnify the ccTLD provider, limiting the liability of the ccTLD provider, and requirements that any disputes be resolved under that particular country's laws.

Provisions specific to .EU registrations

Registration Restrictions.  You acknowledge and agree that you are not permitted to purchase private or proxy .EU registrations. You shall register for any and all .EU registrations using your personal information, which information you represent and warrant is current, accurate and complete. Further, you acknowledge and agree that you are not permitted and shall not attempt to register any .EU registrations unless you have a physical presence in the European Union.

Compliance with Applicable Law.  You agree to obey, comply with and be bound by any and all applicable laws, regulations and administrative policies promulgated by the European Registry of Internet Domain Names (“EURID").

Compliance with EURID Rules.  You agree to obey, comply with and be bound by EURID rules and regulations and any and all updates, revisions and modifications thereto, which may be made by EURID from time to time, including, but not limited to, their dispute policies, and the .EU Domain Name Registration Terms and Conditions and the .EU Domain Name Registration Policy, both of which are hereby incorporated by reference.

Compliance with EURID Domain Name Whois Policy.  You agree to obey, comply with and be bound by the EURID Domain Name Whois Policy and any and all updates, revisions and modifications thereto, which may be made by EURID from time to time, and which is incorporated herein.

Jurisdiction.  For the adjudication of disputes concerning or arising from use of the registered .EU domain name, you agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of the United Kingdom.

Sunrise and General Pre-registration Applications.  You acknowledge and agree that the submitting of a "Sunrise or General Pre-registration Application" does not ensure that a domain name shall be successfully awarded or registered. In the event that an application does not result in a successful registration, the registration fee shall be refunded. In the case of a "Sunrise Application" where an application fee was collected, a portion of that fee shall be refunded after the deduction of a handling fee, which you acknowledge and agree is subject to change based on fluctuations in the US Dollar and Euro exchange rates.

Dispute Resolution/ADR.  EURID offers an alternative procedure for resolving disputes concerning .EU domain names, which can be found here. When applicable, you acknowledge such procedure and agree that you shall comply with and abide by its terms and conditions, which are also incorporated herein.

Provisions specific to .me registration

Acknowledgements.  You acknowledge and agree to obey, comply and be bound by any and all registry rules, policies and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here and which are incorporated herein.

You further acknowledge and agree to: (i) consent to the use, copying, distribution, publication, modification and other processing of your personal data by the registry operator and its designees and agents; (ii) submit to proceedings commenced under any dispute policy implemented by the registry including, without limitation, the Domain Name Dispute Resolution Policy referenced on the registry’s website at www.domain.me/DRP; (iii) immediately correct and update the registration information for each registered name during the registration term for the registered name; and (iv) acknowledge that the registry will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise or Land Rush periods including, without limitation, the ability or inability of a registrant to obtain a registered name during these periods and the results of any dispute procedures.

Indemnification.  You agree to indemnify, defend and hold harmless the .ME Registry, its owners, subsidiaries, affiliates, subcontractors and agents, and the respective directors, officers, employees, affiliates and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your domain name registration or the use of any domain name registered in the TLD by or on your behalf.

Reservation of Rights.  The Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain names on registry lock, hold or similar status, that it deems necessary, in its sole discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process, to avoid any liability, civil or criminal, on the part of the registry, as well as its owners, affiliates, subsidiaries, officers, directors, and employees, for violations of any of the policies, terms or conditions established by the registry including, without limitation, the Registry Policies, or to correct mistakes made by the registry or us in connection with a domain name registration. The Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute proceeding.

Other Dispute Policies.  You acknowledge and agree to submit to proceedings commenced under other dispute policies as set forth by the Registry from time to time including, but not limited to, expedited processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the registry system for the TLD.

Provisions specific to .UK registrations

You represent and warrant that you meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD including, but not limited to, the Terms and Conditions of Domain Name Registration and the Rules for registering a .UK domain name, both of which are incorporated herein. If you are registering a Second Level Domain under this ccTLD, you further agree to be bound by the Second Level Domain's rules, policies, and agreements, which are also incorporated and made a part of this Agreement herein.

Domain Name Transfer Agreement

DOMAIN TRANSFER AGREEMENT

Last Revised: 6th May 2017

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES

Overview

This Domain Name Transfer Agreement (this “Agreement”) is entered into by and between Penseth LTD, a company registered in England Wales with number 10640564 (“Penseth") and you, and is made effective as of the date of electronic acceptance.  This Agreement sets forth the terms and conditions of your use of Penseth’s Domain Name Transfer services (the “Services”) to transfer a registered domain name from another domain name registrar to Penseth as the domain name registrar.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Penseth’s Universal Terms of Service Agreement and Domain Name Registration Agreement, which are incorporated herein by reference.

The terms “we”, “us” or “our” shall refer to Penseth.  The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Penseth, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Penseth website (this “Site”).  You acknowledge and agree that (i) Penseth may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.  In addition, Penseth may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your account (“Account”) information, including your email address, current.  Penseth assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

You acknowledge and agree that Penseth may modify this Agreement in order to comply with its agreement with ICANN, as well as any other terms and conditions set forth by (i) ICANN and/or (ii) the registry applicable to the top level domain (“TLD”) or country code top level domain (“ccTLD”) in question.  As used herein, the terms “registry”, “Registry”, “registry operator” or “Registry Operator” shall refer to the registry applicable to the TLD or ccTLD in question.  To identify the sponsoring registrar, click here.

This Agreement will be effective upon acceptance of the Registration and Transfer agreements in Step 3 of the Online Transfer Application process.

TRANSFER PROCESS FOR ALL DOMAIN NAMES

A. Steps for Transferring Your Domain Name Registration

YNOTE: Once the transfer is complete, you will be able to RENEW, MODIFY DNS, and perform other functions by logging into your Account Manager. Complete all required information requested through the online transfer application, i.e. contact information, nameserver information, etc. Proceed through to the shopping cart and pay for your transfer(s). Update your Administrative Contact's email address at your current registrar. We will be contacting the Administrative Contact's email address for transfer approval. The transfer will only be initiated upon approval from your Administrative Contact. Once initiated, a transfer will be accepted or denied by the losing registrar within five (5) days.

B. Failed or Rejected Transfer Requests

Penseth may elect to accept or reject your domain name transfer application for any reason at its sole discretion. Rejections may include, but are not limited to:

  • The current Registrar rejected the transfer;
  • The original registration took place less than sixty (60) days prior to the transfer request;
  • The domain name has been placed in a locked status by either the Registry or by the losing registrar;
  • The domain was transferred to Penseth less than sixty (60) days prior to the transfer request;
  • The domain name expired but was not renewed;
  • The domain name expired and was renewed during the forty-five (45) day grace period and the forty- five (45) day grace period has not yet passed;
  • The Domain Name Registrant was changed less than sixty (60) days prior to the transfer request;
  • There was a Change of Account less than ten (10) days prior to the transfer request;
  • Any pending bankruptcy of the current domain name holder;
  • Any dispute over the identity of the domain name holder;
  • Any situation described in the Dispute Policy; or
  • Transfer orders over thirty (30) days old.

C. Terms for Transferring Domain Names

Upon completion of the change of registrant process and successful transfer, you shall remain the registrant of the domain name and Penseth shall become the registrar of record. Your registration will be automatically extended by one (1) year when available by the domain name registry (please see the product disclaimers located on this Site for any applicable exceptions). Domain name registration transfers may only be initiated once acceptance of this Agreement is recorded, payment is made and the Administrative contact has responded positively to our email message asking for Permission to Transfer. The email message asking for Permission to Transfer will be sent to the Domain Name(s) Administrative Contact as identified in the previous Registrar's WHO-IS database. You agree to retain a copy for your own records of the receipt for purchase of your domain name. The Administrative Contact will be acting on behalf of the Registrant and has legal authority to initiate this transfer request. You are responsible for updating the Administrative Contact's email as identified in the previous Registrar's WHO-IS database.

D. Transfers of Recently Renewed Domain Names

You understand that if you are transferring a domain name that has been recently renewed, there is the potential the renewal year will be lost. The renewal year will be lost if: (i) the domain name was renewed during the forty-five (45) day grace period after the expiration date had passed; and (ii) forty-five (45) days have not yet passed since that expiration date. You understand and agree that Penseth is not responsible for this lost year and that Penseth will not credit that year to your domain. You will need to review the registration agreement you have with your previous registrar to determine if you are due a refund or credit for the lost year. Please contact your previous registrar if you have any questions about the lost year. You understand and agree that Penseth will not intervene in the recovery of any such lost registration years that occur during the transfer of your domain name.

E. Data for Domain Transfer

You understand this is a request for a domain name transfer of registrars. By acceptance of this Agreement, you are requesting the domain name registration be transferred from the current registrar to Penseth. As the current authorised Registrant of the domain name(s), you agree to authorise this transfer by notifying your Administrative contact of his/her responsibilities with respect to this transfer. You acknowledge that you and Penseth have entered into a Domain Name Registration Agreement. You have read, understood, and agree to be legally bound by the agreements that govern all domain names registered through Penseth as found on the legal agreements page, including the Domain Name Registration Agreement; the ICANN Rules for Uniform Domain Name Dispute Resolution Policy; this Agreement; any Penseth policies and procedures that are or may be published from time to time by Penseth, ICANN, and/or the Registry Administrator chosen by ICANN.

TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilised in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

DEFINITIONS; CONFLICTS

Capitalised terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement.  In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

Web Hosting Agreement

WEB HOSTING AGREEMENT

Last Revised: 6th May 2017

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES

Overview

This Web Hosting Agreement (this "Agreement") is entered into by and between Penseth LTD, a company registered in England Wales with number 10640564 (Penseth) and you, and is made effective as of the date of electronic acceptance.  This Agreement sets forth the terms and conditions of your use of Penseth's Web Hosting services (the “Web Hosting Services" or the "Services"). 

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) Penseth’s Universal Terms of Service Agreement, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the Web Hosting Services landing page of the Penseth website (this “Site”), both (i) and (ii) of which are incorporated herein by reference.   

The terms "we", "us" or "our" shall refer to Penseth.  The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement.  Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

You acknowledge and agree that (i) Penseth, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.  In addition, Penseth may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current.  Penseth assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

You acknowledge Penseth is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.

You acknowledge Penseth is a shared web hosting service, which means that a number of customers web sites and other email or storage services are hosted from the same server. Penseth uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.

Disk space

If you use your services consistently with the Universal Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate.

Data transfer

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 certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above).

Email storage

You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and these paragraphs. Penseth will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone.

ACCEPTABLE USE POLICY & TERMS OF SERVICE

The following is the entire Acceptable User Policy (AUP) agreement between Penseth and the personal or corporate account holder (YOU/YOUR Customer). Penseth provides World Wide Web Hosting, Marketing, and Development. Penseth has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. Penseth’s general policy is to act as a provider of Internet presence. Penseth reserves the rights to suspend or cancel a customers access to any or all services provided by Penseth when we decide that the account has been inappropriately used.

SERVER ABUSE

Any attempt to undermine or cause harm to a server or customer of Penseth is strictly prohibited. Penseth will strongly react to any use or attempted use of an Internet account or computer without the owners authorisation. Such attempts include Internet scamming (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorised use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Penseth, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE – Penseth has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Penseth to be unacceptable use of our services including abuse of server resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS

All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness. Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

STORAGE SPACE ABUSE

Penseth will not tolerate any form of storage space abuse. At least 90% of YOUR web pages (HTML) must be linked with files (GIF, JPEG, etc.) stored on Penseth servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of Penseth Management (MANAGEMENT), with or without prior notice. If YOU do not qualify for the free service, disk space will go unmonitored until YOU reach the amount allocated to YOUR specific web hosting plan (PLAN). Thereafter, your services may be suspended and your domain parked until additional storage is purchased or your storage space as been returned to within our account limits. If you want to pre-pay for disk space overages, you can order disk space adding from your ‘Account’.

BANDWIDTH ABUSE

The intention of Penseth is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages. If YOU do not qualify for the free service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of £10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth overages, YOU will be billed £10.00/1GB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice.

UNSOLICITED EMAIL & SPAMMING

Unsolicited commercial advertisements (SPAM) are not allowed in e-mail, and will likely result in account cancelation. Penseth takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to £25 per unsolicited email message sent and delete YOUR account with any prior notice. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund.

Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (mail bombing); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing lists charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE – If YOU use the services of another Penseth to promote a website hosted by or through Penseth (spamvertising), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

99.99% UPTIME GUARANTEE

(1.) COVERAGE – This 99.99% uptime guarantee applies to any Customer in good financial standing with Penseth at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT (SLA) & SPECIFICATIONS – Penseth endeavours to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime (unavailability) is defined as 100% packet loss from Penseth to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Penseth online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Penseth NOC. Penseth administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Penseth network.
(3a.) SHARED HOSTING CREDITS – In the event that YOUR website is unavailable for less than 100%, Penseth will credit the following months service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.

Monthly Uptime Credit:

- 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee

(4.) RESTRICTIONS – Credit shall not be provided to YOU in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at Penseth,
- your behaviour or the performance or failure of your equipment, facilities or applications,
- circumstances beyond reasonable control of Penseth, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in Penseth Terms & Conditions and AUP causing a machine to fail as a result.

TECHNICAL SUPPORT BOUNDARIES

Penseth provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.

However, in under no circumstances is Penseth neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.

CGI SCRIPTS

Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)

CHAT ROOMS

We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with Penseth. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides real-time chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.

FILE SERVER

Penseth installed and provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI,MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the web servers. This Policy does not apply for image files formats such as JPG, JPEG, GIF,PNG, and BMP. In addition, all electronic files stored within Penseth file-servers must be legally owned and be accompanied with a valid license and/or copyright. This includes and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications. File-servers will not be backed up.

YOU are advised to have YOUR own backup locally or elsewhere other than within the Penseth servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice. This service is only available for Penseth SHARED-HOSTING customers.

SMTP MAIL SERVER ABUSE

We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum file size of 20MB per email message. If YOU violate Penseth policies persistently in email activities, YOUR account will be suspended and deleted.

BACKGROUND RUNNING PROGRAMS

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to managed dedicated servers).

IRC

We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.

PAYMENT POLICIES

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. Penseth reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies Penseth to request for termination of services. All payment is in GBP. currency.

All Penseth accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a £50.00 fee. Please contact the billing department should you wish to change your anniversary billing cycle.

CANCELATION OF SERVICE

Penseth reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Penseth if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.). All of Penseth PLANS are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. If YOU cancel, the full contract amount less any setup fees and overages will be refunded if Penseth is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers. All account cancelations must be done via our cancelation form at YOUR hosting account control panel. Phone or email requests will not constitute acceptance of any cancelation.

PROMOTIONAL RATES & SPECIAL OFFERS

Penseth may offer subsequent promotional rates or special offers, the terms of which may or may not be more favourable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through Penseth services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Penseth or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Penseth network. If YOU use a domain name in connection with Penseth or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. NETWORK SECURITY Customers may not use the Penseth network with an 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 a server or account YOU are not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisations security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Penseth will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

ELECTRONIC COMMERCE

YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:

(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libellous or otherwise illegal.YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.

STATIC & DYNAMIC CONTENT CACHING

YOU expressly (i) grant to Penseth a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Penseth under this Agreement and(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third partys intellectual property rights.

IP ADDRESS OWNERSHIP

Penseth shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Penseth. Penseth reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

DOMAIN NAME REGISTRATION/TRANSFER

If you have requested a domain name registration and or transfer as part of your order, you will also be bound by the Penseth Domain Registration Agreement and Domain Transfer Agreement.

LAWFUL PURPOSE

Penseth reserves the right to refuse service to anyone. YOU may only use Penseth server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated Warez, OGG, AVI, MPEG, ISO, Hacker programs or archives, Copyrighted Digital Movie Copies (DIVX) and Unlicensed MP3. The designation of any materials as such described above is left entirely to the discretion of Penseth management. If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Penseth may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Atlanta, Georgia, and any dispute will be litigated or arbitrated in Atlanta, Georgia. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts.

IN NO EVENT SHALL Penseth MAXIMUM LIABILITY EXCEED FIFTY (£50.00) GBP.

INDEMNIFICATION

YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Penseth HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEYS FEES ASSERTED AGAINST Penseth, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Penseth AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Penseth SERVERS.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Penseth SERVERS.

DISCLAIMER

Penseth WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Penseth MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Penseth DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Penseth AND ITS EMPLOYEES. Penseth RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Penseth MUST ADHERE TO THE ABOVE POLICIES.FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.

PRIVACY STATEMENT

Penseth follows the strict guidelines of our Privacy Policy. Please make sure you understand this statement fully.

Website Transfer Agreement

Penseth Website Transfer Agreement

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Penseth LTD, a company registered in England Wales with number 10640564 (Penseth) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Penseth’s Website Transfer Services (“Service(s)” or “Design(s)”), and represents the entire agreement between you and Penseth concerning the subject matter hereof.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Penseth’s Universal Terms of Service, which is incorporated herein by this reference.

The terms “we”, “us” or “our” shall refer to Penseth. The terms “you” and “your” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, except where specifically granted herein.

We may, in our sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

2. DESCRIPTION OF SERVICES

Our Service is designed to provide migration of the following eligible website to a new or different Penseth web hosting account:  one single website, either WordPress or static HTML, from one (1) single source web hosting server/provider, no more than one hosted domain name, no more than one database, no more than five gigabytes of content.

 OUR RESPONSIBILITIES

• Request and obtain your hosting FTP username and password

• Access your current hosting account, perform a copy and/or backup process of your website, and transfer your content to the new or different Penseth hosting account

• Set-up website directories, files and content, reconfigure the website application, and re-connect the database (if applicable)

• Verify your content exists in the new or different Penseth hosting account

• Provide you with instructions to test, verify and approve the operating functionality of your migrated website

• Schedule and perform the final source-to-destination server transition, referred to as the 'go-live' event

 YOUR RESPONSIBILITIES

• Promptly provide your hosting FTP username and password

• Promptly and thoroughly test each and every function of your migrated services

• Promptly notify us of your decision when we provide you with the options for us to perform the 'go-live' event

• Do not make changes and/or revisions to your website during the entire migration

• You represent and warrant that you have the right to provide the FTP credentials and to authorise the transfer of the website from your current hosting provider to Penseth, or from one Penseth account to a different Penseth account

TESTING PROCESS AND 'GO-LIVE' EVENT

When we complete our initial migration and configuration of your website, we will provide you with step-by-step instructions to begin your testing. Your testing should commence no later than 24 hours from the time we provide you the testing instructions, in order to avoid unnecessary delays and/or compromise to the migration project schedule.

You must promptly and thoroughly test every function of your migrated services, and report any and all errors to us that you may discover during testing.

When reporting errors, include instructions to demonstrate how the error can be reproduced. Visual examples (such as screen shots) will help expedite our troubleshooting and error resolution tasks. If we are required to resolve any errors, additional time and service fees may apply.

IMPORTANT: Should you fail in any way to promptly and thoroughly complete your migration testing responsibilities, we cannot promise to complete the migration in a timely manner. Any testing and/or error reporting delays caused by you may require us to perform a complete re-migration, which will result in additional fees you must pay us.

When your testing is complete and any/all reported errors have been verified by you to be resolved, we will post clear instructions and options for us to perform the 'go-live' event. The go-live event may include the synchronisation of your database, as applicable. If we are required to sync your database, we will place a temporary 'maintenance page' on your live website domain during the data sync to temporarily suspend ‘live’ services and reduce risk of data loss.

The final step of the go-live process is to point DNS for your website to the new destination server, after which DNS propagation must occur to complete the migration. We cannot estimate or control DNS propagation time, so we suggest you consider this variable in advance of the go-live event.

Disclaimer. We make no guarantees with respect to the Services we provide. The Services will be provided in accordance with industry standards and in a workmanlike and professional manner. You acknowledge and agree that any and all materials downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any and all damages to your computer system or other device or loss of data resulting therefrom. To the fullest extent under applicable law, the Services are provided “AS IS”.  We do not make, and hereby disclaim, any and all other express, implied or statutory warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, and any warranties arising from a course of dealing, usage or trade practice.

3. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilised to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

4.  DEFINITIONS; CONFLICTS

Capitalised terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control. 

WordPress Mission Control Agreement

WORDPRESS MISSION CONTROL AGREEMENT

Last Revised: 12th May 2017

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES

Overview

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Penseth LTD, a company registered in England Wales with number 10640564 (Penseth) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Penseth’s WordPress Mission Control Service (“Service(s)” or “Design(s)”), and represents the entire agreement between you and Penseth concerning the subject matter hereof.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Penseth’s Universal Terms of Service, which is incorporated herein by this reference.

The terms “we”, “us” or “our” shall refer to Penseth. The terms “you” and “your” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, except where specifically granted herein.

We may, in our sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

Description of Services

Our Service is designed to monitor and maintain a single established WordPress installation, identified on at a domain name given during the order process. Including; updating existing plugins and themes, scanning for security vulnerabilities, transferring copies of the site files to another location, installation of additional plugins and themes, making changes the existing WordPress installation front-end and source files, and sending update reports to the customer as identified on the order page.

You agree to grant Penseth access to your WordPress Installation for the purposes of providing the Service to you. You also agree that Penseth may add, remove, amend, and move content from your WordPress installation and web hosting platform whether with Penseth or any third-party. You grant Penseth permission to act on your behalf with WordPress and or any other third-party for the purposes of delivering this Service. You expressly acknowledge and agree that Penseth will not be held liable for any damage to any site, property, and or third party arising out of the provision of this service.

Frequency of Services

The frequency with which we will perform these services is limited to that displayed during the order process. If Penseth is required or requested to perform services outside of the stated frequency, you agree that Penseth may charge you additional fees at an hourly rate of £35 per hour for the additional services. Penseth may, at its discretion perform any of the Services at any time and for any reason it deems necessary.

Our Responsibilities

  • To Install Plugins and Themes on your WordPress installation
  • To run theme and plugin updates as stated on the order form
  • To run backups and security scans with the frequency stated on the order form
  • To activate any plugins and themes that we install
  • To provide a regular report on the updates to themes and plugins on a single WordPress site.

Your Responsibilities

  • Promptly provide a WordPress username and password
  • Thoroughly review the changes we make to your WordPress installation
  • Thoroughly review the reports sent on your service provision
  • You represent and warrant that you have the right to provide the WordPress credentials and to authorise the transfer of the installation from your current hosting provider to Penseth, or from one Penseth account to a different Penseth account, or to any other third-party working in partnership with Penseth.

CANCELATION OF SERVICE

Penseth reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Penseth if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.). All of Penseth PLANS are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. If YOU cancel, the full contract amount less any setup fees and overages will be refunded if Penseth is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers. All account cancelations must be done via our cancelation form at YOUR hosting account control panel. Phone or email requests will not constitute acceptance of any cancelation.

PROMOTIONAL RATES & SPECIAL OFFERS

Penseth may offer subsequent promotional rates or special offers, the terms of which may or may not be more favourable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through Penseth services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Penseth or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Penseth network. If YOU use a domain name in connection with Penseth or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. NETWORK SECURITY Customers may not use the Penseth network with an 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 a server or account YOU are not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisations security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Penseth will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

STATIC & DYNAMIC CONTENT CACHING

YOU expressly (i) grant to Penseth a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Penseth under this Agreement and(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third parties intellectual property rights.

LAWFUL PURPOSE

Penseth reserves the right to refuse service to anyone. YOU may only use Penseth server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated Warez, OGG, AVI, MPEG, ISO, Hacker programs or archives, Copyrighted Digital Movie Copies (DIVX) and Unlicensed MP3. The designation of any materials as such described above is left entirely to the discretion of Penseth management. If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Penseth may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Atlanta, Georgia, and any dispute will be litigated or arbitrated in Atlanta, Georgia. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts.

IN NO EVENT SHALL Penseth MAXIMUM LIABILITY EXCEED FIFTY (£50.00) GBP.

INDEMNIFICATION

YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Penseth HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEYS FEES ASSERTED AGAINST Penseth, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Penseth AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Penseth SERVERS.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Penseth SERVERS.

DISCLAIMER

Penseth WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Penseth MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Penseth DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Penseth AND ITS EMPLOYEES. Penseth RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Penseth MUST ADHERE TO THE ABOVE POLICIES.FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.

PRIVACY STATEMENT

Penseth follows the strict guidelines of our Privacy Policy. Please make sure you understand this statement fully.

Expired Registration Recovery Policy (ERRP)

Expired Registration Recovery Policy (ERRP) Compliance Statement

On Aug. 31, 2013, ICANN adopted the Expired Registration Recovery Policy (ERRP), which requires registrars to disclose important information to Registrants and prospective customers about expiration notices, fees, and redemption procedures.

All required information and disclosures currently exist in various locations throughout our website. However, as an aid to Registrants, this article contains links to all required elements in the new policy.

What happens after domain names expire?

Once a domain name expires, it goes through many stages before being released to the open market. GoDaddy sends five renewal emails to the domain name's administrative contact prior to the expiration date. Below is a timeline based on .com domain names.

These timelines do not apply to ccTLD and gTLD domain names.

Days After Expiration

Action

Day 1

We make the first of three billing attempts to renew the domain name. If the billing fails, the domain name expires and the domain is parked. The domain name can be renewed by the registrant at no extra cost.

Day 7

We make the second billing attempt. The domain name can still be renewed by the registrant at no extra cost.

Day 14

We make the third and final attempt to renew the domain name. The domain name can still be renewable by the registrant at no extra cost.

Day 19

The domain name can be renewed by the registrant for the cost of a one-year renewal plus an £80 redemption fee.

Day 27

The domain is marked for deletion and may require a restoration fee to restore the domain

Day 32

The domain name is progressed for deletion and could leave our system at any moment.

A registrant may renew an expired domain name at no extra cost up until day 18. Starting on day 19, an £80 redemption fee will apply.

What is your process for handling expired domain names?

The process we, the registrar, follow for expired domain names depends on your domain name extensions and their renewal settings. Prior to expiration, we send multiple emails to remind you to renew your domain names.

If you set your domain names to automatically renew, we attempt to renew the registrations for you the day after expiration. If we are unable to bill you, we park your expired domain names after 5 days and notify you via email again.

If you set your domain names to manually renew and you let your domain names expire, we notify you via email again the day after expiration. We park your expired domain names after 5 days.

For expired .com, .net, .org, .info, .biz, .us, .ws, .name, .cc, .mobi, .me, or .tv domain name registrations, we hold your domain name for approximately 42 days before canceling it. Domain name renewal during this period is subject to applicable renewal and redemption fees. For more information, see What happens after domain names expire? and Recovering Expired Domain Names.

Automatic Renewal

If you set the domain name to automatic renewal, when your domain name registration expires, we take the following steps before canceling it:

• On the day after your domain name registration's expiration date, we attempt to bill you for the domain name renewal. If we cannot renew the domain name (for example, your card on file expired), we notify you of the domain name registration's expiration and park your domain name. You can manually renew your domain name.

• On the 5th and 12th days after expiration, we email you additional notifications. You can manually renew your domain name.

• On the 12th day after expiration, your domain name remains on hold but becomes subject to a redemption fee. You can call customer support to renew your domain name, subject to any applicable renewal and redemption fees.

• On the 27th day after expiration, we mark your domain for deletion. You can manually renew your domain name, subject to any applicable renewal, redemption and restoration fees.

• On the 32rd day after expiration, your domain is processed for deletion and could leave our system at any moment.

The registry might hold the domain name before releasing it for general registration.

Manual Renewal

If you did not set your domain names to automatically renew, when your domain name registration expires, we proceed with the following steps before canceling it:

• On the day after your domain name registration's expiration date, we notify you of the domain name registration's expiration and park your domain name. You can manually renew your domain name.

• On the 5th and 12th days after expiration, we email you additional notifications. You can manually renew your domain name.

• On the 12th day after expiration, your domain name remains on hold but becomes subject to a redemption fee. You can manually renew your domain name, subject to any applicable renewal and redemption fees.

• On the 25th day after expiration, we put your domain name up for auction with a domain name industry auction service. You can manually renew your domain name, subject to any applicable renewal and redemption fees.

• On the 43rd day after expiration, we cancel your domain name. We delete all services associated with the domain name.

The registry might hold the domain name before releasing it for general registration.

For more information, please see Registrant Rights & Responsibilities Under the 2009 RAA.

ICANN Registrant Benefits & Responsibilities (2013) will be determined upon publication by ICANN.

Privacy Policy

Penseth Privacy Policy

Full Privacy policy

You can view our full Privacy Policy by Privacy Policy.

Cookie Policy

You can view our full Cookie Policy by Clicking Here.

 

Refund Policy

Penseth Refund Policy

Last Revised: 8 May 2017

PLEASE READ THIS REFUND POLICY CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

STANDARD REFUND TERMS

Products purchased from Penseth LTD may be refunded only if cancelled within the following timeframe:

               Annual Plans - Within 30 days of the date of the transaction

               Monthly Plans* - Within 48 hours of the date of the transaction

*Monthly Plans include all plans with less than a 1-year term (e.g., 6 mos., 9 mos., etc.)

Date of the transaction,” for the purpose of this Refund Policy, means the date of purchase of any product or service, which includes the date any renewal is processed by Penseth LTD in accordance with the terms and conditions of the applicable product or service agreement (see here).

You may cancel a product at any time, but a refund will only be issued if cancellation is requested within the refund timeframe specified for the applicable product, if available at all. 

Note: Some products have different policies or requirements for a refund associated with them, including some products that are not eligible for a refund under any circumstance.  Please see below for refund terms applicable to such products.  

This Policy is provided in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, the English version will control and prevail.

PRODUCTS WITH SPECIAL REFUND TERMS

Domain Name Registrations/Renewals

1.      Standard Terms

·        New Registration                      5 Days (120 Hours)  

·        Auto-Renewal (one-year)           45 Days (1080 hours)

·        Auto-Renewal (multiple-year)     5 Days (120 Hours)

·        Manual Renewal                       5 Days (120 Hours)

2.      Exceptions

·        .EU                  Auto-Renewal:  

      A Renewal Delete Credit is granted whenever a .EU domain name is deleted within 30 days (720 Hours) of being renewed, provided that the domain name is not reactivated or transferred from quarantine following its deletion

·        .UK                  Manual Renewal - 89 Days (2136 Hours)

·        .CO.UK            Manual Renewal - 89 Days (2136 Hours)

Rocket Boost - Hosting Training

If a Get Started Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).    

SEO Services

You can cancel SEO Services at any time and we will not bill you for future months. However, you will not be refunded the cost of the present or past months since the service has already been performed. If you cancel SEO Services and request a refund within 48 hours of initially purchasing or renewing, you can receive a full refund for that month of service. After 48 hours, however, you are responsible for paying for that month, but will not be billed for future months. 

Social Media Management

You can cancel Social Media Management at any time and we will not bill you for future months. However, you will not be refunded the cost of the present or past months since the service has already been performed. If you cancel Social Media Management and request a refund within 48 hours of initially purchasing or renewing, you can receive a full refund for that month of service. After 48 hours, however, you are responsible for paying for that month, but will not be billed for future months. 

Sitelock 911

You may request a refund within 30 days from the date of transaction ONLY IF you have not yet activated the product.  

Professional Web Design Services

     Web Services: 50% cancelation fee when in progress, non-refundable once complete.
Logo Design: 50% cancelation fee when in progress, non-refundable once Artwork Delivered.

Purchased Product w/ Free Domain

In the event any purchased product includes a free domain name, if you cancel the purchased product, the list price for the domain name will be deducted from the refund amount (the list price is the price of the domain name listed on Penseth LTD’s website and is not subject to any promotion, discount, or other reduction in price). 

Expert Services

If an Expert Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).

Hosting Services

If a Hosting Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction). 

PRODUCTS NOT ELIGIBLE FOR REFUNDS

·        Configuration Add-Ons

·        Redemption Fees

·        Transfers (if successful)

·        All Registrations or Renewals in the following TLD’s are fully non-refundable:

.EU           

.UK            (New Registration and Auto-Renewal Only)

.CO.UK      (New Registration and Auto-Renewal Only)

Legal Office Hours

Monday
-
Tuesday
-
Wednesday
-
Thursday
-
Friday
-
Saturday
Closed
Sunday
Closed

Contact Details

Legal Department
Penseth LTD
Kemp House
City Road
London
EC1V 2NX

Tel: 0208 050 4201

*Our Support Team can also help, Click Here to contact them.