TO THE FULLEST EXTENT PERMITTED AT LAW, Darklite-SCE IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Darklite-SCE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
Except as specifically stated on this Web site, to the fullest extent permitted at law, neither Darklite-SCE nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Darklite-SCE does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Darklite-SCE, its affiliates, directors, employees or other representatives
Terms And Conditions
Darklite-SCE may revise these terms and conditions at any time by updating this posting. Any changes in these terms and conditions will be effective immediately when they are posted on the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time. You should visit this page periodically to review the terms and conditions, because they are binding on you.
2.Section 1. Use of Material
The Site is owned and operated by Darklite-SCE. No material from Darklite-SCE or any Web site owned, operated, licensed, or controlled by Darklite-SCE may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as provided in these terms and conditions. Modification of the Material or use of the Materials for any other purpose is a violation of Darklite-SCE's copyright and other proprietary rights. For purposes of these terms, the use of any such Material on any other Web site or networked computer environment is prohibited unless specifically authorised by Darklite-SCE. All trademarks, service marks, and trade names are proprietary to Darklite-SCE.
Darklite-SCE authorises you to view and download a single copy of the Material (as defined below) on the Site solely for your personal, non-commercial use.
Special rules may apply to the use of certain software and other items provided on the Site. Any such special rules are listed as "Legal Notices" on the Site and are incorporated into this Agreement by reference. These "Legal Notices" may be changed from time to time and you should visit these "Legal Notices" periodically to review any changes which will be effective immediately when they are posted on the Site.
The contents of the Site, such as text, graphics, images, photographs, music files and other material ("Material"), maybe protected by copyright under both Irish and foreign laws. Unauthorised use of the Material may violate copyright, trademark and other laws. You must retain all copyright, trade mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not reproduce, display, publicly perform, distribute, sell or modify the Material or otherwise use the Material in any way for any public or commercial purpose. In particular, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms, your permission to use the Material automatically terminates and you agree to immediately destroy any copies you have made of the Material.
Images are used with permission of Eyewire inc.
DHTML Dropdown Menu is provided by:
* by Peter Belesis. v4.0.7 010323
* Copyright (c) 2001 Peter Belesis. All Rights Reserved.
* Originally published and documented at http://www.dhtmlab.com/
* You may use this code on a public Web site only if this entire
* copyright notice appears unchanged and you publicly display
* a link to http://www.dhtmlab.com/.
* Contact email@example.com for all other uses.
Section 2. Darklite-SCE's Liability
The following provisions set out Darklite-SCE's entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to you in respect of: (i) any breach of the contractual obligations arising under this Agreement; and (ii) any representations, statements or tortious act or omission (including negligence) arising under or in connection with this Agreement.
Any act or omission on the part of Darklite-SCE or its employees, agents or subcontractors shall be known as an "event of default".
No statement on the Site or on any document including this Agreement shall in any way prejudice the statutory rights which you may enjoy while "dealing as a consumer" within the meaning of the Sale of Goods and Supply of Services Act, 1980 or which you may otherwise enjoy under Section 55 or Sections 40 and 46 of the said 1980 Act or while dealing as a "consumer" within the meaning of Regulation 2 of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995. Subject and without prejudice to other aspects of mandatory public general law, the requirements of the said European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995, shall only be imported into this Agreement when, and to the extent that, you are dealing as a "consumer" within the meaning of the said Regulation 2.
Darklite-SCE shall not be liable to you in respect of any Event of Default for loss of profits, goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by you as a result of an action by a third party even if such loss was reasonably foreseeable or Darklite-SCE had been advised of the possibility of you incurring the same) nor shall Darklite-SCE be liable in respect of any fault which is the responsibility of any third party service provider or licensor to Darklite-SCE from outside Ireland.
Except in the case of an Event of Default as set out above, Darklite-SCE shall have no liability to you in respect of any Event of Default unless you shall have served notice of the same upon Darklite-SCE as soon as reasonably practicable after the date on which you became aware of the circumstances giving rise to an Event of Default or the date when you ought reasonably to have become so aware. Darklite-SCE shall have 30 days from the date of such notice in which to remedy an Event of Default hereunder.
For the avoidance of doubt Darklite-SCE shall have no liability whatsoever to you whether in contract, tort or otherwise (including any liability for negligence) arising from the repair, service or maintenance of any third party equipment. In no circumstances shall Darklite-SCE be liable to you in respect of any such repair, service or maintenance of third party equipment for loss of profits, goodwill or any type of special, indirect or consequential loss howsoever caused including loss or damage suffered by you as a result of an action by a third party even if such loss was reasonably foreseeable or Darklite-SCE had been advised of the possibility of you incurring the same.
The Material may contain inaccuracies or typographical errors. Darklite-SCE makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. The use of the Site and the Material is entirely at your own risk. Changes are periodically made to the Site and may be made at any time.
Darklite-SCE shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
Darklite-SCE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Darklite-SCE IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Darklite-SCE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY TERMS AS TO MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. Darklite-SCE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. IN PARTICULAR, Darklite-SCE DOES NOT WARRANT THAT THE USE OF THE MATERIAL BY THE USER WILL NOT INFRINGE THIRD PARTY RIGHTS.
Section 3. User Submissions
By posting communications to the Web Site, you automatically grant Darklite-SCE a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licenses.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting.
You must not do the following things:
· post material in circumstances that breach the criminal law;
· post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
· post material that reveals trade secrets, unless you own them or have the permission of the owner;
· post material that infringes on any intellectual property rights of others or on the data protection, privacy or publicity rights of others;
· post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity;
· post a sexually-explicit image;
· post advertisements or solicitations of business; or
· impersonate another person.
You agree not to use the Site or cause or permit any Materials to be used:
· so as to jeopardize or prejudice the operation, quality or integrity of the Site or Materials, or the operation, quality or integrity of any telecommunications network;
· for any commercial purpose including any surveys, contests or pyramid schemes, nor to use the Site to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
· to harvest or otherwise collect information about others, including e-mail addresses, without their consent;
· to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
· contrary to the terms and conditions of any Internet Service Provider whose services you may use.
Darklite-SCE does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Darklite-SCE does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to these terms and conditions, Darklite-SCE may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication. Darklite-SCE has no liability or responsibility to Users for performance or non-performance of such activities. Darklite-SCE reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive. You agree that action taken by Darklite-SCE will not be challenged by you.
Section 4. Links to and from Other Web Sites
The Site contains links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by Darklite-SCE of the contents on such third party Web Sites. Darklite-SCE is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk.
User's correspondence with or participation in, or dealings with, third party vendors including promotions of advertisers found through the Site and payment and delivery of goods or services, are solely between User and such vendors. The vendor terms and conditions of sale shall apply to the purchase of any merchandise. Darklite-SCE is not a party to the vendor terms between you and the applicable vendor. By your use of the retail facilities of the vendors linked to the Site, and by agreeing to be bound with the vendor by the vendor terms, you acknowledge that the vendors (and not Darklite-SCE) are solely responsible for the security of their web sites, the fulfillment of orders for merchandise and for the quality, suitability and fitness for purpose of any goods or services purchased. Any disputes or questions relating to merchandise or fulfillment of delivery thereof and its quality, suitability and fitness for purpose shall be directed to the vendors and you acknowledge that Darklite-SCE and its affiliates, related or subsidiary companies shall have no responsibility, obligations or liability in relation to such merchandise.
Darklite-SCE generally welcomes the hyper-linking to the Site from other appropriate Web Sites provided such links are to the Site's homepage (and no deeper within the Site) and provided Darklite-SCE gives its consent to the establishment of such links. Notwithstanding the foregoing, Darklite-SCE reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor's user experience.
Section 5. Software Licences
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Darklite-SCE. Darklite-SCE does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Darklite-SCE retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form (except as permitted by law). All Software that is made available for downloading from the Site is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software licence agreement or designated "Legal Notice" accompanying such software ("Licence Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the Licence Agreement.
Section 6. Limitation of Liability
Subject to Sections 2 and 3 above, the aggregate liability of Darklite-SCE to you for all claims arising from the use of the Site or Materials (including Software) is limited to IR£100 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.
Section 7. Indemnity
You agree to defend, indemnify, and hold harmless Darklite-SCE, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement. Darklite-SCE shall provide notice to you promptly of any such claim, suit, or preceding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 8. Export Control
Many countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.
Section 9. User Information
Section 10. General
This Site is controlled and operated by Darklite-SCE from its offices Ireland. Darklite-SCE makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any disputes, claims or proceedings arising out of or in any way relating to the Materials or the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Materials or the Site. Without prejudice to the foregoing, Darklite-SCE may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and Darklite-SCE may bring enforcement proceedings in another state on foot of an Irish judgement.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Except as expressly provided in a particular "Legal Notice" or Software Licence or material on particular Web pages, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND Darklite-SCE WITH RESPECT TO THE USE OF THE SITE. Any changes to this Agreement will be posted on the Site and will take immediate effect.
Darklite-SCE may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Darklite-SCE site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from Darklite-SCE if in Darklite-SCE's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other Darklite-SCE site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
Information Collected by Darklite-SCE
Each time you visit the Site, two general levels of information about your visit may be retained by Darklite-SCE: (1) non-personal information and (2) personal information.
(2) Personal InformationPersonal information is information which is personal or particular to a specific visitor who chooses to provide that information. This category would typically include information provided by you for subscriptions or competitions including your name, postal and email address and contact phone number.
Purposes for which we hold your data
We keep your personal and non-personal data for the following purposes:
(1) To communicate with you and provide you with marketing and product information;
(2) To personalise your visit to the Site;
(3) To track your movement through the Site (for marketing and advertising purposes);
(4) To notify you of competitions, ezines or other promotions;
(5) To provide information to our advertisers and business partners; and
(6) For the performance of any request by or contract with you.
We will process your personal information to administer your registration or subscription, determine your eligibility for certain services, provide services to you, and enable you to take advantage of other member benefits. Your information may also be used to verify your identity, to protect against fraud, and to send you updates about your account.
If you do not wish to receive communications from us or our business partners, please email us.
Transfer of Data
We may share personal information with our business partners if we are satisfied that it will only be used in accordance with the purposes described above. We will also disclose your personal information if we are legally required to do so or if it is reasonably necessary to protect and defend the rights or property of Darklite-SCE.
We employ other companies and individuals to perform functions on our behalf. Examples include delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their functions, but may not use it for other purposes.
Unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Darklite-SCE cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we use our reasonable commercial efforts to ensure its security on our systems.
Terms & Conditions
This agreement represents the complete agreement and
understanding between Darklite-SCE: Global Web Services., (hereinafter called
Darklite-SCE) and the customer (hereinafter called ACCOUNT HOLDER) and
supersedes any other written or oral agreement. Upon notice published on-line
via DARKLITE-SCE, DARKLITE-SCE may modify these terms and conditions, amplify
them, and/or modify the prices, as well as discontinue or change the services
Service means - ANY act of serving the ACCOUNT HOLDER, being provided by DARKLITE-SCE, regardless of its duration and whether it's a paid service or a service for free.
Without limiting the scope of item 1.a. above, DARKLITE-SCE will provide services on its host computing systems to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.
DARKLITE-SCE Services are defined as the use by the ACCOUNT HOLDER of computing, telecommunications, software, and information services provided by DARKLITE-SCE. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
For existing customers only, DARKLITE-SCE will publish a notice of fee increases 30 days before such increases take effect.
DARKLITE-SCE's set-up fee does not include the InterNIC maintenance charge of US$70 for 2 years, or any other regional registrar domain registration fees.
2. Use of Material
Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using DARKLITE-SCE services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.
As provided by Irish law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using DARKLITE-SCE services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor neither can the author attribution notices nor the copyright notices be modified. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is copyright.
3. Use of Services
The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary.
The ACCOUNT HOLDER agrees to use the services provided by DARKLITE-SCE as permitted by applicable local, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
DARKLITE-SCE reserves the right to refuse service to any new or existing customers and refund the remaining balance on the account, if any.
The ACCOUNT HOLDER is solely responsible for any legal
liability arising out of, or relating to, his/her web site at DARKLITE-SCE.
The ACCOUNT HOLDER represents and warrants to DARKLITE-SCE that it holds the
necessary rights to permit the use of any of the items on his/her web site,
and, that the use, reproduction, distribution, transmission or display of any
data to the public, and any material to which the public can link through, or
any products of services made available to the public through his/her web
site, will not -
violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
Contain any material that is: unlawful, pornographic, of an adult nature, harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. ACCOUNT HOLDER agrees to indemnify and to hold DARKLITE-SCE, and any third party entities related to DARKLITE-SCE, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
The ACCOUNT HOLDER's breach of any of the forgoing representations and warranties, or
Any other third party claim with respect thereto.
The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER's web site is at the sole discretion of DARKLITE-SCE. DARKLITE-SCE may at its sole discretion discontinue web site hosting service to any ACCOUNT HOLDER operating a web site that DARKLITE-SCE deems to be in violation of Section (d.) of these Terms and Conditions.
The ACCOUNT HOLDER agrees to indemnify and hold DARKLITE-SCE, its Executives, Directors, Officers, Managers, Employees, Consultants and Agents, harmless from any claims, including legal fees, resulting from the ACCOUNT HOLDER receiving DARKLITE-SCE services which cause direct or indirect damage to another party.
5. LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL DARKLITE-SCE BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF DARKLITE-SCE'S SERVICES, EVEN IF DARKLITE-SCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DARKLITE-SCE'S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF DARKLITE-SCE'S SERVICES.
The ACCOUNT HOLDER acknowledges that DARKLITE-SCE makes an honest effort to keep the information available on DARKLITE-SCE's systems accurate. However, DARKLITE-SCE can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through DARKLITE-SCE is at the risk of the ACCOUNT HOLDER.
The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. DARKLITE-SCE has no ability or authority over the material. DARKLITE-SCE can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through DARKLITE-SCE services is at the risk of the ACCOUNT HOLDER.
The ACCOUNT HOLDER understands, agrees and acknowledges that DARKLITE-SCE makes an honest effort to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, DARKLITE-SCE can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. The use of these application(s), data and/or information obtained from or through DARKLITE-SCE, or any other referred third-party, directly or indirectly, is at the risk of the ACCOUNT HOLDERS
6. Payment of fees and penalties
The DARKLITE-SCE accounting cycle begins on the 1st of each month. Charges for new accounts are prorated. Charges for terminating accounts are not prorated.
Service payments will be submitted in advance of receiving services. The starting date of the billable period will be the earliest of - the day we receive the electronic order form, the day customer signs up via fax.
The ACCOUNT HOLDER acknowledges that he/she is responsible to initiate a payment in order to renew his/her service once the original service-period was ended.
Payment is due at beginning of each accounting cycle.
Delinquent accounts are those that remain unpaid 5 days after beginning of accounting cycle.
Accounts that are delinquent are put on "accounting hold" and may not be used. Accounts that are unpaid for a whole accounting cycle automatically have their files archived. Accounts that are unpaid for 2 accounting cycles have their files purged. DARKLITE-SCE accounts continue to accrue charges while they are on hold.
There is a service re connection charge equal to one half the currently charged set-up fee to remove accounts from accounting hold status.
The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.
In the case where a domain name is requested and registered on behalf of a client, and the client subsequently fails to pay - Darklite-SCE shall NOT transfer ownership of the domain name until payment is received in full (including any associated costs), or the domain expires. Darklite-SCE shall not release domain names which have not been paid for, nor will any modifications, DNS changes, or contact changes be carried out.
There is a 20.00 service charge for each returned check.
Trades, Charity and Promotional accounts are NOT qualified for our special discount on advance payment.
The ACCOUNT HOLDER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. DARKLITE-SCE has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.
7. "NOT-TO-RENEW" Requests
For ACCOUNT HOLDERs that pay on a MONTHLY basis ONLY - "NOT-TO-RENEW" requests for Darklite-SCE accounts must be given via a telephone call to Darklite-SCE's main office(Telephone number available on the contact section of Darklite-SCE's website). Such requests must be received by 5PM GMT on the 15th of month, in order to be processed by the end of the same month.
For ACCOUNT HOLDERs that pay on a NON-MONTHLY basis (3,6 and 12 months) ONLY - "NOT-TO-RENEW" requests for DARKLITE-SCE accounts must be given via a telephone call to DARKLITE-SCE's main office. Such requests must be received by 5PM GMT 15 DAYS before the account's anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge).
All DARKLITE-SCE accounts must be paid in full before the transaction will be considered complete.
Cancellations will NOT generate ANY refund.
8. Abuse of Services
Any use of DARKLITE-SCE system resources that disrupts the normal use of the system for other DARKLITE-SCE customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, DARKLITE-SCE forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot (without permission) and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes.
Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have their account suspended by DARKLITE-SCE Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with DARKLITE-SCE Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager.
Violations of any of the DARKLITE-SCE conditions of use are unethical and may be criminal offences. You are expected to report to DARKLITE-SCE any information you may have concerning instances in which the conditions of use have been or are being violated. When DARKLITE-SCE becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorised activity, DARKLITE-SCE may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a re connection charge 65. In the case of SPAM, DARKLITE-SCE will charge a 1000 'clean-up' fee, before any domain and/or files will be released.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with DARKLITE-SCE, either in whole or in part, without the prior written consent of DARKLITE-SCE. DARKLITE-SCE may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, and sale of all or substantially all of DARKLITE-SCE's assets or other corporate reorganisation.
10. Complete Understanding/Modification
These Terms & Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and DARKLITE-SCE, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the ACCOUNT HOLDER, will be effective only if accepted in writing and signed by DARKLITE-SCE.