Terms and Conditions

You must read and accept our Terms and Conditions before proceeding. Use of the Domain Lender service implies acceptance of the Terms and Conditions

1.       Definitions: "You" means the user and / or the user's representative, "We/us" means Domain Lender or any parent company or affiliate company, and Domain Lender's or any parent company or affiliate company's web site operated by us and through which you may access the Services. "Services" means the whole content eg. search facilities, directory services, personal web space, email, newsgroups and other services provided by us.

2.       Choice Of Law: These terms and conditions shall be governed by Scottish law and you hereby irrevocably submit to the exclusive jurisdiction of the Scottish courts.

3.       Entire Agreement: These Terms and Conditions constitute the entire agreement between the parties with respect to their subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation.

4.       Registration: You agree to provide true, accurate, current and complete information which you are required to provide when you register as a User of Domain Lender ("User Information"). You agree to notify us immediately of any changes to the User Information. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

5.       Your Obligations: You are responsible for procuring the necessary equipment and the payment of telephone charges necessary to access the Services. You accept responsibility for any content you transfer through Domain Lender or the Services (including, but not limited to, email, web pages, newsgroups or chat services). You agree not to use Domain Lender or the Services for any illegal purpose and in accordance with all relevant laws. You agree not to use Domain Lender or the Services to transmit or post any chain letters or any material for the purposes of publicity, promotion and / or advertising. You agree not to use Domain Lender or the Services to distribute by any means computer viruses or worms to third parties. You agree not to use Domain Lender or the Services to transmit or post any material which is defamatory, offensive, or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety. You agree not to use Domain Lender or the Services such that the whole or part of Domain Lender or the Services is interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of Domain Lender or the Services is in any way impaired. You agree not to use Domain Lender or the Services in any manner which constitutes a violation or infringement of any person, firm or company or the rights thereof (including, but not limited to, third party intellectual property rights or confidentiality); You agree not to use Domain Lender or the Services to attempt any unauthorised access to any part or component of Domain Lender or the Services or that of any third party to which you can connect via Domain Lender (or other directly or otherwise connected network). You agree that in the event that you have any right, claim or action against any user arising out of the use of Domain Lender or the Services, then you will pursue such right, claim or action independently of, or without recourse to us. You agree not to carry out or participate in or promote or facilitate the carrying out or participation in any of the following :i) sending unsolicited junk-mail or bulk email for commercial or non-commercial reasons ( sometimes known as "spamming"); ii) sending chain letters or pyramid-selling schemes ( sometimes known as "spamming"); iii) sending mail bombs (i.e. sending either many emails or very large emails to users with the express intention of annoying the recipient or to cause the systems of an Internet Service Provider to fail on receipt of such emails); You agree not to damage a system or block its access to the Internet. You agree not to forge or block headers and / or addresses or any other action the purpose of which is to hide your true identity or discredit a third party. You agree not to subscribe third parties to subscription based email lists unless you have express permission to do so. You agree not to post binaries (i.e. data such as images, sound clips, etc.) to newsgroups except those specifically created for binary postings.

6.       Your Data: We will comply with the relevant Data Protection laws, so normally any personal details to be provided to us will not be disclosed to third parties without your consent. You should be aware that if we are requested by the police or regulatory or government authority in investigating illegal activities to provide information concerning your activities whilst using the network we shall do so. Domain Lender will disclose your personal data if we are compelled to do so by law. Domain Lender may disclose information about you and your use of the Service to advertisers or third parties but such information will not include your name, mailing address, electronic address, telephone or fax number or username.

7.       Back-Up of Content: You shall be responsible for keeping your own copies of all content published by you in connection with Domain Lender or the Services. We will not be responsible for any file recovery or for files lost.

8.       Domain Lender make no warranty that Domain Lender or the Services will meet your requirements or will be uninterrupted, timely, secure or error-free. We also reserve the right to add, delete, amend or alter the content of the “Services”, “Home”,  “Help & Support” or any other pages without prior notice.

9.       We exclude all liability of any kind for the information or any other material published or otherwise made available by you or any other person on any web site you establish using the Services.

10.   You agree that we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

11.   Disclaimer: Domain Lender and the Services are provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to Domain Lender or the Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.

12.    Limitation of Liability: You acknowledge that we have no control over the information which can be accessed by using Domain Lender and the Services and that we do not examine the use to which you or other users put the Services or the nature of the information you or they are sending or uploading. We therefore exclude all liability of any kind for the transmission or reception or such information of whatever nature.

13.   No warranty is given by us as to results that may be obtained or the accuracy of any information obtained through Domain Lender or the Services.

14.   Intellectual Property and Right to Use. You acknowledge that all copyright, trademarks and all other intellectual property rights in any material supplied as part of the Services shall remain vested in us or our licensors. You acknowledge that you are permitted to use this material only as expressly authorised by us or our licensors and may not copy, reproduce, transmit, distribute or create derivative works of such material without express authorisation. The material and content contained with Domain Lender and the Services is for your personal use only and you agree not to (and agree not to assist or facilitate any third party to) distribute or commercially exploit such material and content. If you become aware of any such distribution or commercial exploitation, you will let us know immediately.

15.   Our Rights: We reserve the right to deny access to all or any part of Domain Lender or the Services if the telephone calling line identification is blocked from the telephone line with which you use to access Domain Lender. We reserve the right to close access to any features of the service if your usage of that feature is deemed excessive (ie leaving large volumes of email on the central servers) and against the interests of other users of Domain Lender or the Services. We reserve the right to modify or discontinue, temporarily or permanently, Domain Lender or the Services with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or discontinuance of Domain Lender or the Services. We reserve the right to change the Terms and Conditions at any time with out prior notice to you. We reserve the right to terminate your account immediately without notice if you break any of the Terms Conditions herewith. We reserve the right to refuse, without explanation, our services to any party.

16.   Your Dealings With Advertisers and similar: Your correspondence with, or participation in promotions of, advertisers or merchants found on Domain Lender, including payment for and delivery of related goods, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such advertiser or merchant. You agree not to hold us liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on Domain Lender.

17.   Security: You will be required to select a username and password during the registration process. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities which occur under them. Other users of your username and password shall be bound by these terms and conditions as if they were you. You agree to immediately notify us of any unauthorised use of your username or password or any other breach of security of which you become aware.

18.   Links: We may provide - or you may include in email - links to other web sites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

19.   Domain Lender make no warranty regarding any goods or services purchased or obtained through Domain Lender or any transactions entered into through Domain Lender.

20.   Indemnity: You agree to indemnify Domain Lender, or any parent company or affiliate company, and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of Domain Lender or the Services.

21.   Notices: Any notice which we are required to give to you regarding Domain Lender or the Services shall be made via either email or regular mail, to the address provided by you on the registration form.

22.   Severability: Each provision of these terms and conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of these terms and conditions howsoever occasioned.

23.   No Waiver: No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

24.   Publicity: You the Domain Borrower undertakes to publicise the borrowed Domain site by placing hyper links to the Signup, Home and Help & Support pages on your main "WWW" page.

25.   Ownership: You agree that you are borrowing the chosen Domain and that you do not have any rights, legal or otherwise, to the ownership or use of the Domain. You also understand that all end-users signed up to the chosen Domain are and will remain Abel's client.

26.   Domains: You agree that we may add and make available for use by others your chosen Domain to any of our other services.

27.   Termination: i) You agree that we may terminate your account (including your username and password) and delete your email addresses, emails, web space and other data stored on Domain Lender or its Services should we believe that you have breached these terms and conditions or acted inconsistently with the spirit of these terms and conditions; ii) You agree that we may terminate your or your end-users' accounts should you or your end-user fail to use your Domain Lender dial-in service at least once during any 90 day period. You acknowledge that we do not have to give you prior notice of any such termination.

Warning - by continuing with this signup procedure, you acknowledge that you understand the Terms & Conditions and agree to be bound by the said Terms & Conditions.