Terms & Conditions ...

Terms & Conditions

Please note that you must abide by the terms of the domain name registries, along with those of Dark Group Ltd t/a Your Site Here.

Uniform Domain Name Dispute Resolution Policy - all US domain names

Section 1 - Domain Name Registration / Transfer:

To complete the registration process you must read, and agree to be bound by, all of these Terms & Conditions.

1.a) Fees

As consideration for the domain name registration services provided by Dark Group Ltd, you shall pay all applicable initial registration fees and renewal fees. You will be notified when renewal fees are due and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled.

You agree that Dark Group Ltd shall have no liability whatsoever with respect to any such cancellation, and that the domain name may be cancelled or reassigned in the event of delinquency.

In the event that a hosting account is suspended for non-payment, it is at the company's discretion to accept the late renewal. In the event that a suspended account is required to be re-activated (to download web content, for instance) the company may charge a £150 + vat administration charge.

1.b) Dispute Policy

In applying for a domain name, you warrant that the registration is not made in bad faith and that the name does not conflict with another domain name.

If your domain name is challenged by a third party, you agree that in the event of a domain name dispute arising with any third party you will indemnify, defend and hold Dark Group Ltd harmless.

1.c) Use of Your Information

As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes:-

  • your full name, postal address, e-mail address, voice telephone number and fax number if available
  • Any remark concerning the registered domain name that should appear in the WHOIS data

You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of these Terms & Conditions and will be a basis for cancellation of your domain name.

You acknowledge that Dark Group Ltd will allow some of the information that you provide during the registration process to be made publicly available as required by ICANN (The Internet Corporation for Assigned Names and Numbers) and Nominet Uk for the purposes of making available contact information regarding domain name registrations.

Additionally, you acknowledge that ICANN and Nominet Uk may impose guidelines, limits and/or requirements that relate to the amount and type of information that Dark Group Ltd may or must make available to the public or to private entities. Dark Group Ltd will not otherwise disclose your information to any third party unless it is required to maintain your domain name.

1.d) Use Policies

Your domain name may be suspended or cancelled in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.

1.e) Agents and Licenses

You agree that you are nonetheless bound as a principal by all terms and conditions provided herein.

You agree that if you license the use of your domain name to a third party, you remain the domain name holder and remain responsible for all obligations under these Terms & Conditions.

1.f) Limitation of Liability

You agree that Dark Group Ltd will not be liable to you or any other person for any loss that may occur due to:-

  • any loss of registration of a domain name;
  • the use of your domain name;
  • access delays or access interruptions to the registration systems of either Dark Group Ltd or any applicable domain name registry;
  • the non-delivery or misdelivery of data between you and Dark Group Ltd, or between Dark Group Ltd and any applicable domain name registry;
  • events beyond the control of Dark Group Ltd or applicable domain name registry;
  • the processing of any modification to the record associated with your domain name;
  • your failure to pay any fees hereunder.

    • Further, Dark Group Ltd will not be liable for any indirect, special, incidental or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if Dark Group Ltd has been advised of the possibility of such damages. In no event shall Dark Group Ltd’s maximum liability exceed the total amount paid by you to Dark Group Ltd for registration of your domain name during the prior 3 years.

    To the extent applicable state does not allow the limitation of liability for consequential or incidental damages, our liability is limited to the minimum extent permitted by law.

    1.g) Indemnity

    You agree to defend, indemnify and hold harmless Dark Group Ltd and any applicable domain name registry, and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.

    1.h) Representations and Warranties

    You represent and warrant that all information provided by you in connection with your registration is complete and accurate. Dark Group Ltd makes no representation or warranties of any kind in connection with these Terms & Conditions. Dark Group Ltd does not represent or warrant that registration of your domain name will immunise you from challenges to your domain name.

    1.i) Breach and Revocation

    Any breach by you of these Terms & Conditions must be remedied by you within 48 hours of notice from Dark Group Ltd. If you fail to cure the breach, the registration of the domain name may be revoked.

    You also agree that at such time as Dark Group Ltd receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration, Dark Group Ltd shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration.

    Section 2 - Hosting Services:

    2.a) Content

    All services may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any UK law is prohibited.

    This includes, but is not limited to:

    • copyrighted material
    • material we judge to be threatening
    • obscene, demeaning to others or material protected by trade secret
    • Pornography and sex-related merchandising
    • linking to adult content

    The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

    In addition, any site-selling or promoting bulk email services is not allowed. Examples of non-acceptable content or links:

    • Pirated software
    • Warez sites
    • IRC Bots

    We will be the sole arbiter as to what constitutes a violation of this provision.

    2.c) CGI Scripts

    Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal server operation without prior warning.

    2.d) Chat Rooms

    We do not allow clients to install their own chat rooms.

    2.e) Background Running Programs

    We do not allow the use of any Background Programs on our servers or network.

    2.f) IRC

    We currently do not allow IRC or IRC bots to be operated on our servers.

    2.g) Commercial Advertising - Email

    Our servers may not be the source, intermediary or destination address involved in the transmission of spam, flames or mail bombs. Your domain may not be referenced as originator, intermediary or reply-to address in any of the above. Advertising sites on other servers, which in turn contain links to a domain on our servers, is prohibited. We consider spam to be any mass unsolicited message in the mediums of newsgroups and email. If you are found to have spammed then we will immediately, without warning, disable your domain.

    We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.

    2.h) Server Abuse

    Any attempts to undermine or cause harm to a server is strictly prohibited.

    2.i) Indemnification

    The customer agrees to defend, indemnify, save and hold Dark Group Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, asserted against Dark Group Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Dark Group Ltd against liabilities arising out of the following:-

    • any injury to person or property caused by any products sold or otherwise distributed in connection with Dark Group Ltd's server;
    • any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
    • copyright infringement.

    2.j) Refusal of Service

    We reserve the right to refuse or cancel service at our sole discretion.

    2.k) Disclaimer

    Dark Group Ltd will not be responsible for any damages your business may suffer. Dark Group Ltd makes no warranties of any kind, expressed or implied, for services we provide. Dark Group Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays and any or all service interruptions caused by Dark Group Ltd and its employees.

    We reserve the right to change or update its policies without notice.

    If any terms or conditions are not followed, this will result in grounds for immediate account deactivation.

    Section 3 - General:

    3.a) Governing Law

    The contract shall be governed by English law, and you and Dark Group Ltd submit to the exclusive jurisdiction of the English Courts.

    3.b) General

    These Terms & Conditions, together with all amendments or modifications to it, constitutes the complete and exclusive agreement between you and Dark Group Ltd, and supersedes and governs all prior proposals, terms & conditions or other communications.

    Nothing contained in this Policy shall be construed as creating any agency, partnership or other form of joint enterprise between the parties. The failure of Dark Group Ltd to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by Dark Group Ltd of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms & Conditions is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of these Terms & Conditions. Dark Group Ltd may 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 Dark Group Ltd as reflected in the original provision.

    No provision of these Terms & Conditions may be amended or modified by you except by means of a written document signed by an authorised signatory of Dark Group Ltd.

    3.c) Complaints Handling

    You can find our complaints handling procedure at www.dg.co.uk/complaints.