dpbuk Accepted Terms, and Conditions of use.
placing of an order indicates your acceptance of these terms and conditions.
Please read carefully and keep a printed copy for future reference. This is a
trade website only, and all purchases are made on a trade basis only.
order through this website you must be at least 18 years of age. We will treat
each order for goods as an offer by you to purchase the goods subject to these
terms and conditions. These terms and conditions do not affect your statutory
We, the supplier have the right to refuse, at our discretion, to supply any
goods ordered by you. All orders are accepted at the discretion of dpbuk.
Description of goods
All images, descriptive matter, specifications and advertising are property of
dpbuk. Every effort is made to make images a good representation of the actual
product, but 100% accuracy cannot be guaranteed. Goods are not sold on a trial
basis. If you buy goods which have no published technical specifications, it is
your responsibility to establish the suitability of the goods for your intended
All domain names are registered for one year exclusive of .co.uk domains, which
are registered for two years. Domain name purchases are non refundable. Domain
names may not be transferred to a different registrar and may only be hosted on
servers provided by dpbuk. Domain names will be released after such a time, that
all contracts have expired, and no payments are owing to dpbuk. Customers are
free, at the time of installation, to use their own domain name, which may be
registered elsewhere. Nameserver details will be provided at the time of
installation. Please note, the free domain will only be offered when taking 12
months in advance hosting. This offer is not valid for monthly payments. If a
customer chooses to pay for hosting on a monthly basis, then the first payment
will include a hosting fee of £9.98.
Your website will be hosted on servers dedicated to our allocated hosting
company: Online Webtraders UK Ltd, who are professionals in website hosting.
Customers are agreeing to this hosting subcontracting before agreeing to any
transaction with dpbuk. Although hosting of all websites will be hosted on
servers owned by Online Webtraders UK Ltd, dpbuk has full access and control,
and will maintain all services associated with your website. All servers
are maintained 24 hours a day, 7 days a week, 365 days a year without exception.
We guarantee a 99.9% server uptime.
Hosting is charged yearly in advance for all sites (monthly payment option is
available on request) The minimum period of hosting is 12 months without
exception, after which you may terminate your agreement with one months notice
in writing to our registered office address. Website hosting will be offered
yearly as standard, if any savings or offers are current, although monthly
payment links can be supplied on request.
We accept all major credit and debit cards. We use a secure payment method which
is operated by HSBC plc, details will be entirely safe. Credit and debit card
payments can also be made using Paypal, which is also a secure facility. On the order you must
provide us with your exact address as on the card and telephone number that your
credit bank has on file for you. Should you request a domain name purchase, then
the site will be listed in the payers name only. Any hosting subscriptions
terminated will be removed from our servers the same day without exception.
Availability of Goods
All products are subject to availability and may be withdrawn at any time.
Right to Cancel Your Order
The service will start upon payment of the payment, and customers are agreeing
to this when making payment. No refunds will be issued if a customer decides to
cancel at any time, unless when paying for physical products. These terms are in accordance with UK Trading Standards,
and the UK Distance Selling Regulations.Customer wishing to cancel their hosting agreement early, can do by by paying a cancellation fee of £29.95+VAT. This payment must be sent, together with a registered letter confirming your wish to cancel. No website will be cancelled until such a letter is received. In this situation the customer will still be liable for all invoicing whilst the website is on our servers.
Should we be required to re-install or transfer your website for any reason an
administration fee of £29.99 + VAT will be charged for this.
Should you need to contact us regarding products and services for which you are
not completely satisfied please email us immediately. We will respond to all
complaints as soon as possible.
All websites purchased can only be hosted by dpbuk and may not be hosted on any
other servers. You will also be required to agree with our Terms of Service,
Acceptable Use Policy and Service Level Agreement.
All information provided about your website including suppliers is strictly for
use by you and may not be passed to any third party without prior knowledge and
written consent of Premier Website Solutions. By using our services, you agree
that you will not attempt to undermine the integrity of dpbuk or provide
information in a public arena that would undermine the integrity of Premier
Website Solutions. Any such information if found will be required to be removed
immediately or direct legal action against the parties/customer concerned will
supplied by dpbuk must not, under any circumstances be used to populate websites
with the intention of the websites being resold, or given away. If it is found
that our ranges, or supplier ranges are used in this way, immediate termination
of the customer's services will follow, and action taken. Additionally, Dpbuk do
not permit our product feeds to be used on any other servers/websites, other
than the websites/servers owned by dpbuk.
It is the
customer's responsibility to ensure back ups are taken on their websites.
Although the websites, and servers are backed up. It is still the responsibility
of the customer to ensure they create their own back ups as often as they
require. dpbuk will, under no circumstances be held liable for lost information,
including any website files or images, or customer databases.
Software Security and Updates
Please note, as a
continuation of software security, and server updates, dpbuk will periodically
update website and software files to ensure maximum protection to our customers
and their hosting environment. Such updates will be available via customer's
administration area. When updates are installed, then this will revert the files
and scripting back to their original, and installed condition. It is the
responsibility of the customer to ensure that they understand that any amended
files, scripting and content may be removed when updating their software, and
that customers must also make a back up of all amended content, and files, and
subsequently reinstall such scripting, and content once the updates have taken
place, at their own discretion.
Dpbuk will not be
responsible for reinserting, or re-scripting bespoke amendments that the
customer has decided to implement against the original security files. Customers
deciding not to upgrade, will forfeit their right to website and hosting support
under this section of the terms and conditions. dpbuk will, and must be in a
position to be able to provide continuation of security for website hosting
purchasing websites that contain populated xml feeds, are understanding that
feeds, by nature, are to be run to a strict and pre-created format, meaning if
the website is altered on the product side, then when the feed is next run, the
original feed structure will overwrite any changes made by the customer on the
products that the company supply the feeds for.
dpbuk will need to flush out the /images folder from all xml populated websites,
and therefore customers are understanding that if they wish to add their own
product ranges, then the /images folder is not to be used to contain such
images, as when dpbuk runs our script to flush images, ALL images will be
removed. This is to ensure fresh content and to remove old images not being
used, to maintain a streamlined service. dpbuk cannot be held responsible for
missing or lost images resulting in the periodic flushing of images that we
supply, when used with the /images folder.
For customers choosing to
purchase the adult website business. It is the customer's responsibility to
ensure that their payment merchant will accept payments for products of an adult
nature. Although this is not generally a problem with Paypal, there are some
products that Paypal will not accept payment for when promoting adult products.
It is the responsibility of the customer to fully research their chosen
merchant, as refunds cannot be made after purchase.
Lingerie Content Websites
For customers choosing a
lingerie website, please note, that due to manufacturers restrictions, some
lingerie products maybe not be available for sale on auction websites. Customers
choosing the Lingerie Website Option will be doing so for website sales only. It
is the responsibility of the customer ensure this is understood before the
purchase of a Lingerie Website Business.
From time to
time, the software which runs the servers we allocate, including the PHP
language becomes redundant, and future (including, but not limited to PHP
security patches) security patches become unavailable. This can, and does render
the software, and whole server unsecured. When this situation arises, dpbuk
reserves the right to charge a disclosed fee for the complete migration,
including all data, and databases, into a new, and secured server, that contain
the mentioned security patches, and their availability. Customers opting not to
agree to the required security updates, and migration, will be asked to
terminate the existing contract. Dpbuk must be in a position, where it can host
a customer's website in secure surroundings; and without receiving required
updates, which will be beyond dpbuk's control, then the 'software/Server
Upgrades' condition, will be immediately brought into effect. Customers are
agreeing to these conditions before any transaction, or website installation
dpbuk ("The Company") agrees to furnish services to the Customer, subject to the
following TOS (Terms of Service).
Use of dpbuk's Service constitutes acceptance and agreement to dpbuk's AUP as
well as dpbuk's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of
dpbuk and AUP (Acceptable Use Policy). The AUP may be changed from time to time
at the discretion of the Company. Customer understands that change to the AUP by
the Company shall not be grounds for early contract termination or non-payment.
Performance : dpbuk agrees to provide and the customer agrees to purchase the
services requested by customer from the website, in email or in writing.
Customer may add services via any of the 3 methods and agrees to pay in advance
for them whether they be 1 time charges or recurring monthly fees.
Changes : No changes to this agreement shall be binding except those in writing
counter - executed by both parties. Deviations in pricing shall be agreed to in
writing. Email confirmed by both parties shall suffice.
Invoices, Payment : dpbuk will invoice Customer for Fees and Expenses monthly;
provided, however, that dpbuk may invoice Customer for Fees and Expenses
associated with Service(s) provided pursuant to a customer request immediately
upon dpbuk . s provision of such Service(s). Customer acknowledges that dpbuk
will invoice certain Service(s) (including without limitation telecommunications
services) in advance of the provision of such Service(s). Payment shall be due
immediately upon the invoice date for recurring monthly services whether or not
the customer has received an invoice or not. Invoices which remain unpaid seven
(7) days after receipt of same by Customer shall accrue interest at a rate of
two and a half percent (2.5%) per month (or at the maximum interest rate
otherwise allowed by law) until paid in full and service may be terminated for
non payment after 7 days at dpbuk option. Expenses shall be included on an
invoice only to the extent that the actual amount of Expenses is known to dpbuk
at the time the invoice is issued, and Expenses for which an actual amount is
not known to dpbuk at the time an invoice is issued may be included on
subsequent invoices. Unless otherwise agreed in writing by the Parties, the
failure of dpbuk to include earned or incurred Fees or Expenses on a given
invoice shall not relieve Customer of its obligation to pay such Fees or
Expenses. Customer's obligation to pay Fees or Expenses shall survive the
termination of this Agreement for any reason whatsoever. Please also note,
that the second monthly payment taken will be invoiced 7 days in advance, and
then each subsequent monthly payment will be around the same time and date every
Renewal of services:
In order for dpbuk to ensure that there is a seamless renewal of all services,
including domain names and websites hosting, the first payment of the second
timescale of hosting, or domain will be invoiced 7 days in advance of the end of the contract. This is to ensure that all domain names are renewed in a
timely fashion and without interruption. Customers are accepting this
stipulation of terms when entering into this agreement. Taking this into
account, customers must still send in their recorded cancellation letter 1 month
in advance of the service expirations date should this option be chosen.
dpbuk cannot be held
responsible for the images provided on the website templates. Image licenses
change often, and therefore it is highly advisable that once your website is
installed, that you commission, and locate your own header images for the
templates you decide to use. dpbuk
use a third-party for initial website imagery, and as mentioned licenses for
images change, and therefore, we advise customers to select/purchase their own
images for their templates of choice.
will not be held responsible for any legal issues arising from images on
templates, should matters with image licences arise after installation. It is
the customer's responsibility to use licensed images for their template.
Websites/Prices: Demonstration websites/prices are exactly that, and prices
contained on such websites/promotional pages are for demonstration purposes
only, and not a reflection of wholesale prices obtained from dropshippers, or
wholesalers; as pricing can, and does change in the wholesale industry. The only
exception to this, is the example of pricing on the promotional pages, and
although correct at time of writing, cannot be a guaranteed indicator of profits
on individual items.
Security Interest : Customer grants dpbuk a blanket security interest in the
customer . s contract with their customers who are renting servers from them in
the dpbuk data centre in the event of non-payment by customer . customer agrees
that dpbuk may take these customer contracts direct without a tortuous
interference claim to protect the credit balance owed dpbuk by customer and full
ownership of the contracts shall transfer as well if balance is more than 60
Term : The term of this Agreement shall begin upon the date the server is
installed and made available to customer and shall be for 1 month or pre-agreed
time and shall renew for successive 1 month terms or pre-agreed time until
terminated by either Party upon the sooner of (i) thirty (30) days prior written
notice to the other Party, or (ii) the expiration or termination of all
Service(s) set forth in the Statement of Work and all Work Order(s).
Please note, that whilst dpbuk is hosting the website/s for a customer, all
monies associated with this will become due, until one months notice is given on
the cancellation of the website - by registered delivery in the form of a
letter. All associated subscriptions will then become the responsibility of the
customer to cancel. The cancellation of paypal subscriptions will NOT become the
responsibility of dpbuk. Any subscription payments received after a cancellation
period, will not be refunded. If we are required to cancel a subscription on a
customer's behalf, then as this takes a physical resource, this will be charged
at £15+VAT. If a subscription is cancelled during the first 12 months , or
second 12 months (if cancellation letter is not received), then any monthly
payments due will be invoiced and collected via our overdue accounts department.
Please also note, that as we are dealing with products which require renewals
within a certain timescale, websites and domain names, all customer
subscriptions, with paypal MUST be live, and not cancelled after a website has
been set up. If a subscription and website has been set up, and then cancelled,
then dpbuk have the right to terminate the website from our server space.
Customers are agreeing to this before commencing with their purchase, and under
this condition no refunds will be given.
It is the responsibility of the customer to ensure that all payments, including
credit/debt card payments, and paypal subscriptions are active and live. When
changing credit card details on your paypal account, it is also up to the
responsibility of the customer to immediately contact dpbuk about setting up a
new subscription. If dpbuk receive notification of a subscription failure, then
the website concerned will be terminated inside 3 working days, should a contact
not be made from the customer, concerning setting up a repeat subscription. This
term also applies for credit cards. If no contact is made within 3 working days
of a credit card payment failure, then the customer website will be terminated
from our server space, and domain name left to expire.
In these circumstances, and due to the fact that a cancellation letter not being
received, and invoice will be sent immediately for any remaining monies due.
Termination Due to Breach : In the event that Customer commits a material breach
of any of its obligations hereunder, dpbuk may terminate this Agreement or (at
dpbuk's sole option) suspend, interrupt or terminate one or more Service(s) to
which such breach pertains by sending written notice of termination to Customer
with termination effective as of the fifth (5th) calendar day after the date
such notice is given.
Effects of Termination : Unless the Parties agree otherwise in writing,
termination of the Agreement shall also serve to terminate all Service(s) and
Statements of Work and to cancel all Work Orders, and Customer shall pay dpbuk
all Fees and Expenses earned or incurred by dpbuk pursuant to such Service(s),
Statements of Work and Work Orders through the date of termination, less any
payments made hereunder by Customer prior to said termination. Additionally, all
property of each Party which is in possession of the other Party shall be
returned to its owner. In the event one or more Service(s) is terminated prior
to the expiration of the Term for such Service(s) (other than due to a material
breach of this Agreement by dpbuk.
Warranties of dpbuk (99.9% network uptime) : dpbuk warrants that the Service(s)
shall be provided in a workmanlike and professional manner. Upon dpbuk . s
breach of the foregoing warranty, Customer's sole and exclusive remedy shall be
to require dpbuk to exercise commercially reasonable efforts to repair or
replace the nonconforming Service(s); provided, however, that, with respect to
any Service(s) which are interrupted or rendered inoperable due solely to dpbuk
. s breach of the foregoing warranty for any time period, Customer shall also be
entitled to a pro-rata refund of any Fees attributable to the interrupted or
inoperable Service(s) in an amount determined by multiplying the fixed monthly,
recurring Fees (if any) for the interrupted or inoperable Service(s) by the
ratio that the number of consecutive hours of in operability bears to 720 hours
(for the purpose of this computation, each month is deemed to have 720 hours).
dpbuk will not be liable to any extent whatsoever for interruption, restriction,
in operability or malfunction of any Service(s) which is not caused solely by a
breach of the warranty set forth in this Section 8 dpbuk expressly reserves the
right to suspend, interfere with, impair or terminate Service(s) as necessary
for purposes of maintenance, upgrades or repair (either by dpbuk or by any
supplier, partner or independent contractor of dpbuk.) or in the event of any
circumstance which dpbuk, in its sole discretion, deems necessary or desirable
to prevent or remedy an impairment of, or harm to, the integrity or
functionality of any Service(s) or any plant, services or facilities of any
Indemnities (as defined in Section 11) or of any third party, and neither the
exercise nor the non-exercise of the foregoing rights or discretion shall
constitute a breach of any provision of this Agreement.
EXCEPT AS SET FORTH IN SECTION 8, dpbuk MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
UNINTERRUPTED OR ERROR-FREE OPERATION AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
SERVICE(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH RESPECT THERETO ARE
HEREBY EXPRESSLY DISCLAIMED.
Customer expressly acknowledges and agrees that proper provision of the
Service(s) is dependent upon the provision to Premier Website Solutions. by
Customer of timely and accurate information regarding (i) Customer's needs and
expectations regarding the Service(s), and (ii) all operational, technological
or other data which Customer knows or should know is relevant to the provision
of the Service(s) (collectively "Information"). Customer shall provide the
Information to dpbuk in a timely manner and the Information shall be accurate.
Customer agrees that, in the event of Customer's breach of its obligations in
this Section 8, the warranty set forth in Section 8 shall be null and void.
Warranties of Customer : Customer hereby covenants, represents and warrants
Customer will not, and will not permit others to use Service(s)
for any unlawful or illegal purpose or in connection with or in furtherance of
any unlawful or illegal activity,
in violation of any applicable law or regulation,
in a manner that will, or is likely to, infringe the copyright, trademark, trade
secret or other intellectual property rights of others or violate the right of
privacy, publicity or other personal rights of others, or
in connection with any conduct or activity that is, in the sole opinion of
dpbuk, defamatory, indecent, obscene, offensive, threatening, abusive, hateful,
tortuous or violative of the rights of any other person or entity;
Customer will not, and will not permit others to, do any act which may interfere
with or compromise the security or functionality of any Service(s), including
without limitation attempting to probe or test the vulnerability of any system
or network connected to or accessible by the Service(s);
No equipment owned, leased, maintained by or controlled by Customer or by any
third party which is connected to or utilized the Service(s) with the consent of
interfere with or impair any Service(s) or any plant, services or facilities of
any Indemnities or of any third party,
unlawfully interfere with or impair the transmission of privacy of any data or
communications transmitted over the Service(s) or over any plant, services or
facilities of any Indemnities or of any third party, or
create, cause or contribute to the creation or causing of a hazard to any
Indemnities or to any third party.
Refund and Disputes: All payments to dpbuk which have been serviced are
non-refundable. This includes any payments for a website option, and hosting
requirements. All overcharges or billing disputes must be reported within
60 days of the time the dispute occurred and refunds will be given at the
discretion of the Company Management. If you dispute a charge to your credit
card issuer that, in dpbuk's sole discretion is a valid charge under the
provisions of the TOS and/or AUP, you agree to pay dpbuk an "Administrative Fee"
of not less than £50 and not more than £150.
Indemnification : dpbuk reserves the right to suspend, interrupt or terminate
any Service(s) or this Agreement immediately without further notice in the event
of a breach by Customer of Section 9. dpbuk reserves the right to remove,
delete, disable or block transmission of any data or materials which dpbuk
reasonably believes constitute, either alone or in conjunction with other acts,
omissions or data or materials, a breach or potential breach by Customer of
Section 9. Customer agrees to defend, indemnify and hold harmless dpbuk, its
successors or assigns, subsidiaries, officers, directors, employees, agents,
independent contractors, licensees, licensors, suppliers and customers
(excluding Customer) (collectively "Indemnities") against any and all claims,
liability, loss, damage, or harm (including without limitation reasonable legal
and accounting fees) suffered by such Indemnities (including without limitation
claims, liability, loss, damage, or harm in connection with death, bodily injury
or injury to real or personal property) arising from or in connection with (i)
Customer's purchase or use of any Service(s), including without limitation any
claims, liability, loss, damage, harm suffered by such Indemnities arising from
or in connection with the use by any third party of any Service(s) purchased by
Customer regardless of whether such use was authorized by Customer, or (ii)
Customer's breach of any provision of this Agreement.
Limitation of Liability : Any other provision of this Agreement to the contrary
notwithstanding, the aggregate liability of all Indemnities for any losses or
damage, whether direct or indirect, arising out of or in connection with the
Service(s), including without limitation any cause of action sounding in
contract, tort or strict liability, shall be limited to actual, direct damages
incurred but in no event shall exceed the greater of
One Hundred Pounds, or
The Fees paid by Customer to dpbuk during the two (2) months preceding the month
in which liability arose for the Service(s) in connection with which such
liability arose. dpbuk shall not be liable for lost profits or other
consequential damages, cover damages, or for any claims against Customer by any
third party, even if dpbuk was advised of the possibility of same. Under no
circumstances shall dpbuk be liable hereunder for special damages, consequential
damages, general damages, incidental damages, indirect damages, or exemplary or
punitive damages. No action arising out of this Agreement, regardless of form,
may be brought by Customer against dpbuk more than one (1) year after the cause
of action arose. Without limiting the foregoing:
Customer acknowledges that dpbuk is not responsible for controlling or
monitoring any content, information, data or other materials stored on,
transmitted via, or accessible through use of, the Service(s), and dpbuk will
have no liability to Customer whatsoever in connection with such content,
information, data or other materials (including without limitation the accuracy
or suitability thereof or unauthorized access or damage to, alteration, theft,
corruption destruction or loss of, Customer . s data or other materials); dpbuk
will have no liability to Customer whatsoever in connection with any harm or
loss arising from or in connection with unauthorized access to the Service(s);
and all Indemnities are expressly made third party beneficiaries of this Section
This Section 12 shall survive expiration or termination of this Agreement for
any reason whatsoever.
Proprietary/Confidential Information : dpbuk and Customer acknowledge that
proprietary and confidential information (including without limitation trade
secrets) (collectively "Proprietary Information") of each Party may be disclosed
to the other Party throughout the term of this Agreement. Each Party agrees to
not reverse engineer, decompile, disclose to any third party, or to use for any
purpose not strictly required for such Party's performance hereunder, such
Proprietary Information except to the extent that such Proprietary Information
made publicly available by the owner of the Proprietary Information or lawfully
disclosed by a non-party to this Agreement;
lawfully obtained from any source other than the owner of the Proprietary
independently developed by personnel of the receiving Party to whom Proprietary
Information had not been previously disclosed and not based on or derived from
such Proprietary Information; or
previously known to the receiving Party without an obligation to keep it
confidential. Customer will not contract directly with any subcontractor
relationships that dpbuk has under this agreement or are connected to future
services related to this agreement or that are of the same nature. Anything to
the contrary herein notwithstanding, dpbuk may disclose such information to its
successors or assigns, subsidiaries, officers, directors, employees, agents,
independent contractors, licensees, licensors and suppliers which have signed
and are bound by a suitable non-disclosure agreement with dpbuk in order for
dpbuk to perform the service in this contract. The obligations set forth in this
Section 13 shall survive the termination of this Agreement for any reason
whatsoever for a period of three (3) years; provided, however, that, with
respect to Proprietary Information which constitutes a trade secret, the
obligations set forth in this Section 13 shall survive the termination of this
Agreement for any reason whatsoever for so long as such Proprietary Information
constitutes a trade secret under applicable law.
Force Majeure : If either Party shall be prevented from performing any portion
of this Agreement (except the payment of money) by causes beyond its control,
including labour disputes, civil commotion, war, governmental regulations or
controls, casualty, inability to obtain materials or Service(s) or acts of God,
such Party shall be excused from performance for the period of the delay and the
time for such Party's performance shall be extended for a period of time equal
to the duration of such delay.
Construction, Venue, Jurisdiction : This Agreement and any claim, action, suit,
proceeding or dispute arising out of or in connection with this Agreement shall
in all respects be governed by, and interpreted in accordance with, the
substantive laws of the United Kingdom. Venue for any actions arising under this
Agreement shall vest exclusively in courts located in the United Kingdom.
Customer hereby submits to the jurisdiction of the aforementioned courts, and
agrees that it will not assert lack of personal jurisdiction as a defence to any
such action. Customer acknowledges that their attorney has reviewed and
participated in the construction of this document and nothing herein shall be
viewed as to have favourable construction.
Waiver : No waiver of any right or remedy shall be valid unless in writing and
delivered to the other Party, and waiver of a right or remedy on one occasion by
a Party shall not be deemed a waiver of such right or remedy on any other
Integration : This Agreement, including all referenced or attached exhibits,
schedules, attachments or documents, sets forth the entire agreement and
understanding between the Parties pertaining to their subject matter and
supersedes all prior or contemporaneous discussions, agreements, promises or
understandings between the Parties. Neither Party shall be bound by any
conditions, definitions, warranties, understandings nor representations with
respect to such subject matter other than as expressly provided in this
Superior Agreement : This Agreement shall not be supplemented or modified by any
course of dealing or trade usage. Addition to or variance from the terms and
conditions of the Agreement by Customer, including without limitation any
additional or varying terms contained in Customer's pre printed forms,
correspondence or other documents transmitted to dpbuk, shall be of no effect,
unless otherwise expressly provided in the Agreement.
Assignment : This Agreement is not assignable by Customer, in whole or in part,
voluntarily or involuntarily, including by operation of law or by merger in
which Customer does not survive, without dpbuk's prior written consent. Any
attempted assignment without dpbuk's written consent shall be null and void.
Notice : Unless otherwise agreed to by the Parties, all notices required under
the Agreement shall be delivered in writing, addressed and sent to the address
provided herein and to the attention of the Party executing the Agreement or the
person's successor, by either
certified mail, return receipt requested, or
email that is replied to as accepted - appropriately directed to the attention
of the Party executing the Agreement or that person's successor. Unless
otherwise agreed to by the Parties, all notices required under the Agreement
shall be deemed effective when received.
Severability : If any provision of the Agreement is held invalid, illegal, or
unenforceable, the validity, legality and enforceability of the remaining
provisions shall remain in full force and effect.
Counterparts : This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original and all of which taken together shall
constitute one and the same Agreement.
Payment from customer of the first month's fees shall constitute acceptance of
this agreement. This agreement shall be modified from time to time by dpbuk and
the then current version shall be posted on the dpbuk website. If customer does
not agree to the new terms customer should cease utilizing the services at the
dpbuk's Acceptable Use Policy ("AUP") is provided to give our customers and
users a clear understanding of what dpbuk expects of them while using the
service. All users of dpbuk's Internet services: those who access some of our
Services but do not have accounts, as well as those who pay a service fee to
subscribe to the Services, must comply with this AUP and our TOS (Terms of
Use of dpbuk's Services constitutes acceptance and agreement to dpbuk's AUP as
well as dpbuk's TOS (Terms of Service)
This Acceptable Use Policy applies to all persons and entities (collectively,
"customers") using the products and services of dpbuk including Internet
service. The policy is designed to protect the security, integrity, reliability,
and privacy of both the dpbuk network and the products and services dpbuk offers
to its customers. dpbuk reserves the right to modify this policy at any time,
effective immediately upon posting of the modification. Your use of dpbuk . s
products and services constitutes your acceptance of the Acceptable Use Policy
in effect at the time of your use. You are solely responsible for any and all
acts and omissions that occur during or relating to your use of the service, and
you agree not to engage in any unacceptable use of the service.
What Uses are Prohibited?
Unacceptable use includes, but is not limited to, any of the following:
Posting, transmission, re-transmission, or storing material on or through any of
dpbuk's products or services, if in the sole judgment of dpbuk such posting,
transmission, re-transmission or storage is: (a) in violation of any local,
state, federal, or non-United States law or regulation (including rights
protected by copyright, trade secret, patent or other intellectual property or
similar laws or regulations); (b) threatening or abusive; (c) obscene; (d)
indecent; or (e) defamatory. Each customer shall be responsible for determining
what laws or regulations are applicable to his or her use of the products and
Installation or distribution of "pirated" or other software products that are
not appropriately licensed for use by customer.
Resale of dpbuk's products and services without the express prior written
consent of dpbuk (unless you are an authorised wholesaler).
Streaming of any kind is strictly forbidden, unless agreed in writing with dpbuk,
or the streaming service is offered by dpbuk.
Deceptive marketing practices.
Actions that restrict or inhibit anyone - whether a customer of dpbuk or
otherwise - in his or her use or enjoyment of dpbuk . s products and services,
or that generate excessive network traffic through the use of automated or
manual routines that are not related to ordinary personal or business use of
Introduction of malicious programs into the dpbuk network or servers or other
products and services of dpbuk (e.g., viruses, trojan horses and worms).
Causing or attempting to cause security breaches or disruptions of Internet
communications. Examples of security breaches include but are not limited to
accessing data of which the customer is not an intended recipient, or logging
into a server or account that the customer is not expressly authorized to
access. Examples of disruptions include but are not limited to port scans, flood
pings, packet spoofing and forged routing information.
Executing any form of network monitoring that will intercept data not intended
for the customer.
Circumventing user authentication or security of any host, network or account.
Interfering with or denying service to any user other than the customer's host
(e.g., denial of service attack).
Using any program/script/command, or sending messages of any kind, designed to
interfere with, or to disable a user's terminal session.
Failing to comply with dpbuk's procedures relating to the activities of
customers on dpbuk-owned facilities.
Furnishing false or incorrect data on the order form contract (electronic or
paper) including fraudulent use of credit card numbers or attempting to
circumvent or alter the processes or procedures to measure time, bandwidth
utilization or other methods to document "use" of dpbuk . s products or
Sending unsolicited mail messages, including the sending of "junk mail" or other
advertising material to individuals who did not specifically request such
material, who were not previous customers of the customer or with whom the
customer does not have an existing business relationship (e.g., E-mail "spam").
Harassment, whether through language, frequency, or size of messages.
Unauthorized use or forging of mail header information.
Solicitations of mail or any other E-mail address other than that of the
poster's account or service, with the intent to harass or collect replies.
Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
Use of unsolicited E-mail originating from within the dpbuk network or networks
of other Internet Service Providers on behalf of or to advertise any service
hosted by dpbuk or connected via the dpbuk network.
Exporting, re-exporting, or permitting downloads of any content in violation of
the export or import laws of the United Kingdom or without all required
approvals, licenses and exemptions.
No failure or delay in exercising or enforcing this policy shall constitute a
waiver of the policy or of any other right or remedy. If any provision of this
policy is deemed unenforceable due to law or change in law, such a provision
shall be disregarded and the balance of the policy shall remain in effect.
Upon notification of the existence of an abusable resource (e.g., open
news server, unsecured mail relay, or smurf amplifier), the customer shall
immediately take all necessary steps to avoid any further abuse of such
resource. Any abuse of an open resource that occurs after the customer has
received such notification shall be considered a violation of this policy and
enforced as such.
dpbuk may immediately suspend and/or terminate the customer's service for
violation of any provision of this policy upon verbal or written notice, which
notice may be provided by voicemail or E-mail. Prior to suspension or
termination, dpbuk attempts to work with our customers to cure violations of
this policy and ensure that there is no re-occurrence; however, dpbuk reserves
the right to suspend or terminate based on a first offense.
dpbuk confidential communications, and intellectual property, and supplier
circumstances, will email, tickets or any communication between dpbuk and a
customer be transmitted via any medium outside of the dpbuk arena. If it is
found that protected content, or communications are placed in a public arena,
including (but not limited to), forums, message boards, or third parties,
without the express permission of dpbuk, then dpbuk reserves the right to take
immediate action against the customer concerned, including, but not limited to,
website termination, and recovery of damages and costs. This condition also
includes not broadcasting supplier details, or product information that is
presented to customers.
Electronic Communications Privacy Act Notice
dpbuk makes no guarantee of confidentiality or privacy of any
information transmitted through or stored upon dpbuk technology, and makes no
guarantee that any other entity or group of users will be included or excluded
from dpbuk . s network. In addition, dpbuk may periodically monitor
transmissions over its network for maintenance, service quality assurance or any
other purpose permitted by the Electronic Communications Privacy Act.
If you are unsure of whether any contemplated use or action is permitted, please
contact dpbuk at email@example.com.