Terms and Conditions
This agreement applies as between you, the User of this Web Site and Domain Support Limited, the owner of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Content" - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
"Domain Support Limited" - means Domain Support Limited, 26 High Street, Battle, East Sussex TN33 0EA, registered company number 05378889;
"Service" - means collectively any online facilities, tools, services or information that Domain Support Limited makes available through the Web Site either now or in the future;
"System" - means any online communications infrastructure that Domain Support Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, community forums, live chat facilities and email links;
"User/Users" - means any third party that accesses the Web Site and is not employed by Domain Support Limited and acting in the course of their employment; and
"Web Site" - means the website that you are currently using (ebony.kent-towns.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
- Intellectual Property
- Subject to the exceptions in Clause 3 of these Terms and Conditions, all content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Domain Support Limited, or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
- Subject to Clause 4 of these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for personal purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by Domain Support Limited. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that:
- you will not use the Content of the Web Site for commercial purposes; and
- you will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Domain Support Limited.
- Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Web Site.
- Fair Use of Intellectual Property
Material from the Web Site may be re-used without permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Domain Support Limited or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
- Links to this Web Site
Linking to the home page (ebony.kent-towns.co.uk) of this Web Site is positively encouraged but you should advise us, using the "contact us" facility when you link to the Web Site. Deep linking (i.e. links to specific pages within the site) and "framing" requires the express written permission of Domain Support Limited. To find out more, please use the "contact us" facility of this Web Site.
- Use of Communications Facilities and Content Submission
- When using the "Message Board" and "Classifieds" sections of the Web Site and/or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:
- you must not use obscene or vulgar language;
- you must not submit Content that is unlawful or otherwise objectionable. This is includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- you must not submit Content that is intended to promote or incite violence;
- it is advised that posts on the Message Board and communications with Domain Support Limited are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
- content submissions are required to be made using the English language. Content in any other language may be removed at our sole discretion;
- you must not post links to other websites containing any of the above types of Content;
- you must not impersonate other people, particularly employees and representative of Domain Support Limited or our affiliates;
- you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks;
- you must not use our System for unauthorised mass-communication such as "spam" or "junk mail";
- you should always be aware that users of all ages and abilities may be making use of our "Message Board" and other Systems;
- content containing any specific URLs (website addresses) may be removed from our "Message Board" and any other Systems at our sole discretion; and
- for your own safety we advise that you never reveal personal information about yourself or anyone else, and do not include postal addresses of any kind. If you have a helpful address to share, please advise us when submitting any contribution, and we may agree to promote it.
- You acknowledge that Domain Support Limited reserves the right to monitor any and all communications made to us or using our System.
- In order to use the "Message Board" and "Classifieds" and any other communication facility that may be added in the future or to submit Content, you may be required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
- any information you submit is accurate and truthful; and
- you will keep this information accurate and up-to-date.
- By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and/or permissions to use the Content in this fashion. Further, you waive all moral rights in the Content to be named as its author and grant Domain Support Limited a licence to modify the Content as necessary for its inclusion in the Web Site. Domain Support Limited accepts no responsibility or liability for any infringement or third party rights by such Content.
- Unless a user informs Domain Support Limited otherwise, in advance of posting, in writing, and Domain Support Limited agrees to any terms or restrictions, all Content submitted is for publication on the Web Site and other such uses as domain Support Limited may deem appropriate under a royalty-free, perpetual basis.
- Domain Support Limited will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
- Content submitted by Users is not screened by Domain Support Limited prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query using the "contact us" section of the Web Site. This does not constitute an undertaking to explain our actions.
- Domain Support Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purposes, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making and decisions or taking any action of any kind.
- The information on this Web Site is not designed with commercial purposes in mind. Commercial use of the Content of this Web Site is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and Domain Support Limited makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.
- Whilst every effort has been made to ensure that all descriptions of services available from Domain Support Limited correspond to the actual services available, Domain Support Limited is not responsible for any variations from these descriptions.
- Availability of the Web Site
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Domain Support Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
- To the maximum extent permitted by law, Domain Support Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
- Nothing in these Terms and Conditions excludes or restricts Domain Support Limitedís liability for death or personal injury resulting from any negligence or fraud on the part of Domain Support Limited.
- Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that terms is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party of these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior version thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices/communications shall be given to us either by post to our Premises (see address above) or by email using this form. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- Law and Jurisdiction
These terms and conditions and the relationship between you and Domain Support Limited shall be governed by and construed in accordance with the Law of England and Wales and Domain Support Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.