All users of services provided by Trilltec.com, by use of such services, accept the terms of business set out in the form of the Service Agreement which follows, irrespective of the mode or manner of ordering employed by the user when ordering the services. This Agreement is made between us and you as defined in (1) below. The date of this Agreement is the date you order our services.

1. DEFINITIONS:
In this Service Agreement ("Agreement") "you" and "your" refer to each customer ("Customer") and "we" "us" and "our" refer to Trilltec.com. This Agreement explains our obligations to you and your obligations to us in relation to your use of our services.

2. ACCURATE INFORMATION:
As further consideration you agree to: provide certain current, complete and accurate information about you as required by the application process and maintain and update this information as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account.

3. FEES, PAYMENT AND TERMS OF SERVICE:
3.1 All payments must be in UK Pounds Sterling within 21 days of invoice date. If your cheque is returned by the bank as unpaid for any reason you will be liable for a administration charge of £25.00.

3.2 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our website and shall be due and payable in advance of our service provision.

3.3 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

3.4 Due to the nature of domain name registration, all sales are final. No refunds can be issued once a domain name is registered.

3.5 Domain names are renewable every two years. Hosting is renewable every year.

4. DOMAIN NAME REGISTRATION:
4.1 New registrations: We make no representation that the domain name you wish to register is capable of being registered for you. You should therefore not assume registration of your requested domain name until you have been notified that it has been registered to you by way of invoice sent by surface postal mail. Any action taken by you before such notification is at your risk.

4.2 You agree to check the spelling of domain names thoroughly on our invoices and any and all correspondence sent to you to ensure that the domain name you requested is spelt correctly is registered to the correct party. You agree to notify us in writing within 48 hours of becoming aware of any mistakes and you agree that we will not be responsible for any loss or damage that may arise if you fail to take such action.

4.3 You agree that Trilltec.com may choose to offer to renew your domain name after the initial term but we have no obligation to do so. Specifically we are under no obligation to remind you when your domain name needs to be renewed, nor to invoice you renewal fees, nor to pay your domain name renewal fees when they become due. You agree to find out when your domain names need to be renewed (your invoice has the term and renewal date) and to contact us in writing if you have not received a pro forma invoice for your domain name from us within two weeks of the expiry date. You agree to accept responsibility if a domain name lapses for non-payment as a result of your failure to contact us in writing by surface mail in these circumstances.

5. WEBSITE HOSTING AND EMAIL:
5.1 Description of Services: Trilltec.com facilities allow you to send and receive electronic mail via the Internet and publish your website on the World Wide Web.

5.2 Trilltec.com web space facilities allow you to publish web sites to the World Wide Web. If you are designing and publishing the website yourself you must obtain suitable web design software (by purchase if necessary) and FTP upload software (by purchase if necessary). Note that some web design packages contain FTP upload software. Trilltec.com POP3 email facilities allow you to store email messages on our servers. To receive this email you must connect to the Internet and use suitable POP3 software (e.g. Microsoft Outlook Express).

5.3 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

5.4 You must keep current backups of any data posted to our servers. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

5.5 You represent, undertake and warrant to us that you will use the Website allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.

5.6 You will not post, link to or transmit:
(1) Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(2) Any material containing a virus or other hostile computer program.
(3) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

5.7 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

5.8 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

5.9 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

5.10 Our email forwarding services are free of charge and should not be relied on for any purposes where a failure of such services would result in loss or damage of any kind.

5.11 Pornography and sex-related merchandising are PROHIBITED on any Trilltec.com server.

5.12 Spamming, or the sending of unsolicited email, from a Trilltec.com server or using an email address that is maintained on a Trilltec.com machine is STRICTLY PROHIBITED.

6. DATA TRANSFER:

Data Transfer is limited to a fixed amount per month for each account. These amounts are clearly published on our web hosting page.

7. SERVICE AVAILABILITY:
7.1. Our email and web services are subject to scheduled and unscheduled outages which will impact your ability to use our services. We will use commercially reasonable efforts to restore the service after any unscheduled outages.

7.2 We shall not, in any event, be liable for interruptions of Service or down-time of the Server.

7.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

8. INTELLECTUAL PROPERTY RIGHTS:
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

9. INDEMNITY:
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

10. TERMINATION:
10.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

10.2 If you break any of these terms and conditions and you fail to correct the breach within 30 days following written notice from us specifying the breach, we may terminate this Agreement forthwith upon written notice.

10.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you.

10.4 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

10.5 All Trilltec.com services are for a minimum of 12 months.

11. LIMITATION OF LIABILITY:
11.1 Our total aggregate liability to you for any claim in contract, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

11.2 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

11.3 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

12. LAW:
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

13. ENTIRE AGREEMENT:
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

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