Terms and Conditions

The 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.

To 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 rights.

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 purpose.

Domain Names

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.

Website Hosting

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.

Payment Method

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.

Your 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.

Re-installations/Transfers

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.

Complaints

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.

Additionally

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 follow.

Product Ranges:  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.

Back Ups

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 customers.

Product Feeds

Customers 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.

Images and feeds

Periodically, 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.

Adult Content Websites

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.

Software/Templates/Images/Server Upgrades

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 takes place.

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 month thereafter.

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. dpbuk 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.

Demonstration 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 days old.

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).

Subscriptions: 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.

Subscriptions 2: 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.

Subscriptions 3: 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 that:
 

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 Customer will

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 12.

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 was:

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 Information;

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 occasion.



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 Agreement.



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


registered mail,

certified mail, return receipt requested, or

overnight mail,

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 next term.

AUP

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 Service).

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 services.

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

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 Internet services.

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 services.

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.

Abusable Resources
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.

Enforcement
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 details.

Under no 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.

Questions?
If you are unsure of whether any contemplated use or action is permitted, please contact dpbuk at abuse@dpbuk.co.uk.