Terms of Use

Server use

Benchmarx reserves the right to refuse service and/or access to its servers and/or services to anyone, at any time.

By signing up to any of the services offered by Benchmarx customers agree NOT to:

• send, transmit, make available, copy, retransmit, broadcast or publish (whether directly or indirectly) in whatever form any data, information or contractual rights, material or statement which infringes the Intellectual Property Rights or contractual or statutory rights of any person or legal entity or the laws or statutory regulations relating to defamation, contempt, blasphemy, infringement of privacy or personal data rights and any equivalent or related laws in any territory in which they are or may be accessed or made available;
• make use of the services to send or cause to be sent or forwarded electronic mail without the express or assumed agreement of the respective recipient. This shall include but not be limited to not sending large numbers of electronic mails with the same content which is commonly referred to as "spamming";
• use the services to obtain or offer or permit to be offered for profit or otherwise any material, images, displays or services which are erotic or pornographic including but not limited to any other material, images, displays or services which are offensive, illegal or immoral or which is in breach of any legal obligation;
• arrange its home page(s) in a way that leads to a risk of or causes an excessive load on the server provided by Benchmarx in connection with any services offered by Benchmarx;
• use the services to generate abnormal amounts of data which could jeopardise the service offerings to other clients. In this event Benchmarx reserves the right to suspend the service with immediate effect;
• use the services in a manner which infringes a third party's copyright or other intellectual property rights of whatsoever nature.

Refusal of service based on any of the above criteria is entirely at the discretion of Benchmarx. Benchmarx reserves the right to move your data to a different server with no previous notice.

Support

We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should consult our website. Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime is available on the Benchmarx website, as are details of any interruptions to our services.

Reselling of Services

All accounts are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.

Unlimited Use Policy

High bandwidth usage: Benchmarx offers an unlimited use policy. In rare cases, Benchmarx may find a customer to be using server resources to such an extent that he or she may jeopardise service performance and resources for other customers. In such instances, at Benchmarx' discretion, Benchmarx reserves the right to suspend that service immediately for the consideration of all customers.

This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Customers may be offered an option whereby Benchmarx continues supplying the service under a reduced usage criteria specified by Benchmarx. Failure to comply with such measures may result in your service being terminated.

Database Usage

If you exceed the limits on our database products (MS SQL and MySQL) then we will automatically charge you for the additional space you use at our current prices. For example if you have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.

Payment Policies

All accounts are set up on a prepay basis. Although Benchmarx reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Any changes to prices will be clearly communicated to customers prior to their application, with customers being given one month's notice of any changes. Notice will be served via email, to the email address held on the Benchmarx account. Payment is due every 30 or 365 days, from the date the account was established. Customers will automatically be charged again at the end of their prepay period unless confirmation of the wish to close has already been received.

In situations where the card number on file is declined Benchmarx will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Benchmarx reserves the right to suspend other services until the outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £25 administration charge. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

You are required to have a valid credit/debit card and email address registered on your account at all times, failure to do so may result in suspension of your account.

No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically.

Please refer to our Domain Name terms of service for Domain Name specific payment policies.

All payment is in UK sterling. All prices displayed are shown excluding UK VAT.

Your personal details

Please note that whilst your email is primarily used for billing purposes, Benchmarx reserves the right to email you information about enhancements to our systems and product offerings. You can unsubscribe from marketing communications within your Benchmarx control panel.

We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that Benchmarx may use for the purposes of delivering specific services to you (e.g. customer support).

See our privacy policy for more information.

Payment options

In order to streamline our accounting procedures and keep costs down Benchmarx currently runs a limited number of payment options.

Credit / Debit Cards: Benchmarx accepts online payments via Paypal which supports Visa, Mastercard, Solo and direct transfer from an existing Paypal account.

Cheque Payment: This option is only available to business customers who pay annually for their Benchmarx account. A credit/debit card number will still be required if customers require the facility to purchase domains and other services on-line. Benchmarx cannot guarantee that a service will be provided until after any received cheques have been cleared.

Contract Terms

All hosting, email and dedicated server accounts are subject to a 12 month minimum contract term. If a contract is terminated by you before the 12 month period has elapsed you will be liable to pay the remaining value of the contract to us.

Cancellations

• After the minimum contract period, customers may cancel any package by contacting Benchmarx on +44 (0) 1372 725763 (Monday to Friday, 9:00am to 5:30pm UK time). Customers must provide details of the account/package to close, including the account Owner Password for verification. Benchmarx will not, under any circumstances, close an account without first confirming the Owner Password.
• Customers will be required to complete a Closure Confirmation form, authorising the permanent removal of all website and email services on the account, from our system.
• On receipt of a completed Closure Confirmation form, the account will be scheduled to close. Benchmarx will acknowledge the closure by sending an email to the email address registered on the account.
• If Benchmarx do not receive the completed Closure Confirmation form within 14 days of sending, the cancellation request will be discarded and the account/package will remain open.
• Any incentives that were offered to customers when opening their account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives, in the result of a cancellation.
• Benchmarx reserves the right to cancel the service at any time.

Refunds

Fees charged on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable. Customers will only be entitled to a refund where the service is cancelled by Benchmarx. In the event that Benchmarx cancels the customer's service, the customer will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Benchmarx' Terms of Service a refund may not be issued in the event of a cancellation.

Domain credits are non-refundable as they enable the purchase of domain names at discounted prices, based on an up-front commitment.

Chargebacks

Any customer withdrawing payments via bank or credit card (a "chargeback") may be subject to a punitive fee of £50, should the company deem this chargeback to be unfair. The company also reserves its right to defend such chargebacks and recover the original monies from the card issuer.

Disclaimers and Warranties

• Benchmarx does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Benchmarx cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Benchmarx and its employees.
• Benchmarx makes no warranties or representations that any service will be uninterrupted or error-free. You accept all services provided hereunder "as is" without warranty of any kind.
• All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the services to be provided hereunder to the fullest extent permitted by law.
• Benchmarx shall not be liable for any services or products to be supplied by any third party.
• Benchmarx shall not be liable for any loss or damage of whatsoever nature suffered by you arising out of or in connection with any breach of this Agreement by you or any act, misrepresentation, error or omission made by you or on your behalf.
• Benchmarx will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
• No matter how many claims are made and whatever the basis of such claims, Benchmarx' maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the fees paid by You for the services in relation to which Your claim arises during the 12 month period prior to such claim.
• None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Benchmarx, its employees or its sub-contractors.
• Benchmarx shall not be liable for any interruptions to the services or outages arising directly or indirectly from:-
  • I. interruptions to the flow of data to or from the internet;
  • II. changes, updates or repairs to the network or software which it uses as a platform to provide the services;
  • III. the effects of the failure or interruption of services provided by third parties;
  • IV. factors outside of Benchmarx' reasonable control;
  • V. Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
  • VI. Problems with Your equipment and/or third party equipment;
  • VII. Interruptions to the services requested by You.

E-mail

The following terms and conditions apply to Benchmarx e-mail services.

Size of mailbox

It is the mailbox owner's responsibility to ensure that his/her mailbox does not exceed a level which is not deemed excessive by Benchmarx. Benchmarx cannot be responsible for e-mail lost due to full mailboxes. Benchmarx reserve the right to delete any e-mail messages that are more than 90 days old in the event of a mailbox exceeding acceptable limits.

Passwords

It is the mailbox owner's responsibility to keep his/her password confidential, and to change the password on a regular basis. Benchmarx is not responsible for any data losses or security issues due to stolen passwords. Benchmarx recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).

Service availability

Benchmarx monitors the server as a whole but does not monitor individual mailboxes. The mail server uses SMTP, a "store-and-forward" e-mail protocol, to deliver outbound messages. This protocol does not guarantee immediate delivery of e-mail messages. By default, the mail server makes a delivery attempt every five minutes. If there is no successful delivery attempt within four days, the message will be returned to the sender.

Scheduled maintenance

To guarantee optimal performance on the servers, it is necessary for Benchmarx to perform routine maintenance. Such maintenance often requires taking Benchmarx servers off-line, typically performed during off-peak hours. Benchmarx will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible.

Security

Benchmarx makes every reasonable effort to ensure mailbox security at all times. We do this through a combination of various network security policies, load balancing and redundant systems. We make every reasonable effort to ensure the integrity of data on our systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner's responsibility notify to us. We cannot guarantee to restore data and we accept no liability for the loss of any such data.

Anti-SPAM message filtering

Benchmarx runs anti-SPAM software on its e-mail servers for all mailboxes and reserves the right to mark or delete any messages determined to be SPAM. This service is not a guarantee to remove all spam from incoming messages.

Ownership of data

All data created or stored by you within Benchmarx' applications and servers are your property. Benchmarx shall allow access to such data by only authorized Benchmarx personnel. Benchmarx makes no claim of ownership of any web server content, e-mail content, or any other type of data contained within the accountholder's server space or within applications on Benchmarx' servers.

Customers are responsible for backing up their e-mail before upgrading or removing mailboxes.

Use of e-mail account

If Benchmarx identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable e-mail or suspend all services to the domain as appropriate.

Domain names

The following terms and conditions apply to the domain registration service:

Governing Bodies

Benchmarx has been granted the right to provide Internet domain registration services for second-level domain names within the .com, .org, .net, .co.uk, .mobi, .eu, .org.uk, .ltd.uk and .plc.uk top-level domains.

ICANN oversees the .com, .org, .mobi and .net top-level domains. Nominet oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID oversees the .eu top-level domain.

Upon Benchmarx' receipt of domain name registration information from you, Benchmarx shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration. Network Solutions, Inc. currently acts as the registry administrator for the .com, .mobi, .org, and .net top-level domains. Nominet UK acts as the registry administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID acts as the registry administrator for the .eu top-level domain.

Selection of a domain name

You represent that, to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.

If you are registering your name during the finite period of time when owners of trademarks and service marks issued prior to October 2, 2000 and having national effect will have the exclusive opportunity to register identical domain names ("Sunrise Period"). You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted for a minimum registration term of five (5) years.

By registering or renewing a .uk top-level domain and agreeing to these terms & conditions, you agree that you have read and agree to the terms & conditions of Nominet, If you are registering the domain for a third party, you agree that they have read and agree to the Nominet T&Cs as well.

.name RESTRICTIONS.

Registrations in the .name top-level domain must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

Fees

As consideration for Benchmarx providing domain name registration services to you, you agree to pay Benchmarx, prior to the approval of the desired domain name registration, the amounts set forth in the Benchmarx Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.

Your application will not be registered until Benchmarx receives actual payment of the registration fee. If Benchmarx does register a domain name prior to payment of the registration fee, Benchmarx reserves the right to cancel that registration or restrict use of the domain name until payment has been received.

All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.

In the event of a charge back by a credit card company or other payment provider authorized by Benchmarx, the domain name registration shall be transferred to Benchmarx as the paying entity for the registration. Benchmarx may reinstate your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently UK £100.

Payment must be made by credit card or other methods we indicate in registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge accordingly.

We reserve the right to make an administration charge of £25 per domain where customers have attempted to register a domain name with multiple registrars.

Term

This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.

To ensure your domains are not lost we operate a positive renewal system on all our domains - your domain will automatically renew for the term it was registered for unless you opt-out of this service by contacting Benchmarx. This is not refundable and it is your responsibility to ensure valid contact and payment details are on your account at all times - failure can lead to suspension.

It is your responsibility to check that your renewal has been successful within one month of the renewal date. For .uk domains you can do this using Nominet's WhoIs search, and for all other domains we recommend using the http://www.whois.org/ website domain lookup facility.

Contact with Benchmarx

You acknowledge and recognize that all contact with Benchmarx in the first instance should be made via our website: http://www.benchmarx.co.uk

You agree that Benchmarx is not obliged to offer telephone support specifically for your Domain Name.

Domain name registration information

Information you are required to Submit

As part of the registration process, you are required to submit to Benchmarx and keep updated the following information in connection with your application for domain name registration:

• the domain name to be registered;
• the domain name holder's name and mailing address;
• the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name; and
• the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.

You shall provide and maintain updated information at all times with Benchmarx. Benchmarx at its discretion may refuse to renew any registrations unless you maintain current and updated information at all times.

Benchmarx may from time to time request additional information from you. While not obligated to provide the additional information, you should provide the additional requested information to ensure that you will obtain all the products and services which Benchmarx makes available to domain name registrants.

Additional Information Maintained about your Registration

In Addition to the information you provide, we maintain additional information relating to your domain name registration, including:

• the original creation date of the registration;
• the date and time the registration application was submitted to us and the appropriate registry;
• communications constituting registration orders, modifications, or terminations and related correspondence;
• records of account for your domain name registration, including dates and amounts of all payments and refunds;
• the IP names and address of the primary name servers and any secondary name servers;
• the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;
• the name, mailing address, email address, telephone number, and fax number of the domain registrant for the domain name;
• the expiration date of the registration; and (i) other information regarding all other activity regarding your domain name registration and related services.

Obligations Relating to Data Provided by You

If in registering a domain name you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement.

Disclosure and Use of Registration Information

You agree to authorize Benchmarx to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree Benchmarx may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through Benchmarx's WHOIS service or for any purpose as required or permitted by ICANN and applicable laws.

In addition, you acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that Benchmarx may or must make available to the public or to private entities, and the manner in which such information is made available.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action you may have arising from such disclosure or use of the domain name registration information.

You may access your domain name registration information in Benchmarx's possession to review, modify or update such information, by accessing our domain manager service, or similar service, available at our website at www.benchmarx.co.uk.

We will not process any data about any identification natural person that we obtain from you in a way incompatible with the purpose and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

Ownership of data

You agree and acknowledge that Benchmarx owns the following:

• all database, compilation, collective and similar right, title and interests worldwide in the domain name database;
• all information and derivative works generated from the domain name database; and
• information for the registrations for which Benchmarx acts as the registrar including:
  • the original creation date of the registration;
  • the expiration date of the registration;
  • the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;
  • remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
  • other information generated or obtained in connection with the provision of domain name registration and management services, other than the domain name being registered, and the IP names and addresses of the primary nameservers and any secondary nameservers.

Benchmarx does not have any ownership interest in your specific personal registration information outside of your right in our domain name database.

Transfer of ownership

The person named as administrative contact at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee) you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

For further details and to action any transfer of ownership please login to your Benchmarx control panel.

Agents and licences

You agree that in the event you register a domain name for another entity, you represent that you have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.

You acknowledge and agree that if you license the use of your registered domain name to a third party, you remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely Resolution of any problems that arise in connection with domain name and domain registration.

In any circumstance where you are registering a domain for a third party, you agree that you must (in advance):

• Make your customers aware of the charges associated with domain name registration, renewal and maintenance.
• Give details of the domain name related services you provide, which are relevant to this customer, information on how to invoke the service, any charges payable and how long you take to carry out the service.
• Make your customers aware of changes to your charges.
• Detail the method, availability and cost of customer service provided.
• Act quickly after getting a request from your registrant to take some action for them; and
• Update their details soon after you know that the current ones are out of date or wrong.

Registrant Data

• You must not knowingly provide poor quality Registrant data. If you find out that a Registrant has provided poor quality data you should attempt to correct the data.
• Consumers are currently allowed to opt-out of providing their postal address on the WHOIS. You should take reasonable steps to ensure the opt-out is used correctly and not set this field to default to opt-out unless you can show that all your Registrants are consumers.
• If you receive a request to register a domain name for a customer you must register the domain name in your customer’s name. You may only register the domain name in your or your organisation’s name with the explicit prior written consent of your customer.
• You agree that if you register a domain on behalf of a third party, Benchmarx can pass on the contact details of that third party to the Registry Administrator if required to do so by the Registry.

Limitation of liability

You agree that Benchmarx shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if Benchmarx has been advised of the possibility of such damages, and in particular Benchmarx will not be liable for the following:

• (a) suspension or loss of your domain registration;
• (b) use of your domain name registration;
• (c) interruption of your business;
• (d) access delays or interruptions to any web sites accessed by your registered domain name;
• (e) non-delivery, mis-delivery, corruption, destruction, or modification of data;
• (f) events beyond the reasonable control of Benchmarx;
• (g) processing of an application for domain name registration; or
• (h) application of the Dispute Policy.

Benchmarx shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to your application, receipt of, or failure to receive a domain name registration.

Benchmarx's maximum aggregate liability shall not exceed the total amount paid by you for registration of the domain name.

Indemnification of Benchmarx

You agree to defend, indemnify and hold harmless Benchmarx and the registry administrator, including our and its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs (including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.

Representations and warranties

You represent and warrant that: (a) all information provided in connection with your domain name registration is accurate; and (b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.

You acknowledge and agree that all domain name registration services provided to you by Benchmarx are provided on an "as is" basis. Benchmarx makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose. Benchmarx makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.

Breach and revocation

Benchmarx reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that:

• you materially breach this Agreement;
• you use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
• you use your domain name in connection with unlawful activity;
• grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement; or
• you use your domain name in connection with material that is slanderous to UKreg, Benchmarx or other associated companies.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Benchmarx) or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by Benchmarx, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.

You also agree that Benchmarx shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Benchmarx receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

You acknowledge and agree that:

• providing inaccurate information;
• failing to update information promptly; or
• failing to respond to Benchmarx' inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request;

shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

Other terms and conditions

Force Majeure. Benchmarx shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.

Non-Waiver. The failure of Benchmarx to require your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Benchmarx of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Survival. The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.

Notice. You agree that any notice or communications required or permitted to be delivered under this Agreement by Benchmarx to you shall be deemed to have been given if delivered by e-mail, overnight mail or United States mail in accordance with the contact information you have provided.

Governing Law. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all contemplated by this Agreement shall be governed by the laws of the United Kingdom.

Legal Fees. If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

Assignment. You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without the prior written consent of Benchmarx However, in the event that Benchmarx consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

General

Entire Agreement. This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.

Amendment in Writing. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Benchmarx

Further Assurances. The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.

Relationship of the Parties. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

Joint and Several Obligations. If any party consists of more than one entity, their obligations here under are joint and several.

No Third Party Beneficiaries. This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.

Severability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Benchmarx will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Benchmarx as reflected in the original provision.

No Guarantee. You acknowledge that registration or reservation of your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name.

Specific TLD Registration Agreements

• Terms and conditions for .UK domain names

Special Offers

No setup fee, 20% discount for social networking members

• Normal setup fee is not charged for setup of new hosting packages (normally £25)
• 20% discount is applied for lifetime of hosting package based on the prices at time of subscription
• Successful registrations of .com domain names are provided free of charge for first year when bought with a qualifying hosting package
• All packages qualify for this offer
• Minimum contract period on hosting packages under this offer is 12 months
• Domains are subject to availability and must be chosen at the time of purchasing a hosting package to qualify for the offer
• We are not liable for transfer costs imposed by other service providers if you are transferring a domain to our service
• New package Sign-ups only (existing customers opening a new package can take advantage of this offer)
• If a customer chooses to extend their chosen .com domain beyond one year at the point of registration, payment for these additional years will be charged at time of purchase.
• Offer is for a limited time only and may change at any time without notice
• These conditions are in addition to our standard terms and conditions