This page describes the terms of service for our online services, and form part of our contract with you for providing the services. It references and includes our Privacy Statement.
Use the buttons below to access different elements of the terms.
Out of the Hat Ltd – Standard Terms and Conditions
V2018 effective as of 09 May 2018
1.1 The terms used in this Agreement shall be defined as follows:
Out of the Hat Website
Means a domain and sub domains of the website www.ooth.co.uk as owned and operated by Out of the Hat.
Out of the Hat
Means Out of the Hat Ltd (Company Number 4041890), whose registered office is at, 32 The Ridings, Keyworth, Nottingham, NG12 5EF, and its employees, agents or sub-contractors (as appropriate).
Means any agreement between Out of the Hat and the Customer under which Out of the Hat provides services to the Customer including any schedules as referenced.
Means a service as defined on Out of the Hat Website from time to time or included on any Customer Service Order.
Means any and all fees which Out of the Hat may charge to the Customer for any Service or associated services provided or due pursuant to this Agreement or otherwise.
Means these terms and conditions, and those incorporated by reference.
Means a person nominated by the Customer and retained by Out of the Hat as a Customer contact.
Means any Website of the Customer which is the subject of Hosting and Internet Services
Means the customer to whom Out of the Hat has agreed to provide the Services and whose details appear on the Service Order, in addition to all employees, agents, subcontractors thereof.
Domain Name Services
Means the processing of Orders with the Relevant Naming Authority on the Customer’s behalf and such additional services as may be agreed between the parties.
Hosting and Internet Services
Means Shared Hosting, Web-Hosting, Email Services, rental of associated IP Addresses and as provided for in the Web Hosting Terms and Conditions.
Means The Internet Corporation for Assigned Names and Numbers. ICANN is an internationally organised, non-profit corporation that has responsibility for Internet Protocol (IP) address space allocation, protocol identifier assignment, generic (gTLD) and country code (ccTLD) Top-Level Domain name system management, and root server system management functions.
Intellectual Property Rights
Means any and all trade marks, rights in designs, get-up, trade, business or domain names and patents in each case, future copyrights (whether registered or not and any applications to register or rights to apply to registration for any of the foregoing) rights in inventions, know-how, trade secrets and other confidential information and all other intellectual property rights of a similar or corresponding nature that may now or in the future subsist in any part of the world.
Minimum Contract Period
Means the contract duration for which the Customer agrees to subscribe to the services, as specified within the Customer Service Order.
Normal Office Hours
Means, Monday to Friday 0930 till 1730 excluding all public holidays, or other times as notified to Customers on the Out of the Hat Website or otherwise.
Means the Customer order form and any associated electronic customer sign up pages relating to Services supplied by or on behalf of Out of the Hat prior to the commencement of the Agreement.
Means the Customer’s application for the Services.
Means the appointed organisation that has been granted the right to maintain the authoritative database of registrations for the respective domains.
Relevant Naming Authority
Means Nominet UK for UK domain names, ICANN for international domain names and .TV Corporation for .TV domains and/or other relevant authority as appropriate.
Means any service provided by Out of the Hat to the Customer under this Agreement.
Means Out of the Hat Website accessible at https://ooth.co.uk or such other address as Out of the Hat may notify the customer from time to time in its sole discretion.
Means written or electronic communications by authorised personnel on behalf of Out of the Hat
- 1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
- 1.3 Where relevant words denoting a singular reference shall include the plural and vice versa and words referring to an individual shall include bodies corporate, unincorporated associations as appropriate and vice versa.
- 1.4 Reference in these Conditions to any statutory provision shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
- 1.5 Reference to clauses and schedules in these Conditions are references to clauses and schedules to this Agreement.
2. Conditions of Service
- 2.1 Out of the Hat employees or agents are not authorised to make any representations concerning the Services unless confirmed by Out of the Hat in Writing. In entering into the Agreement the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
- 2.2 Any advice or recommendation given by Out of the Hat to the Customer as to the storage, application or use of the Services which is not confirmed in Writing by Out of the Hat is followed or acted upon entirely at the Customer’s own risk, and accordingly Out of the Hat shall not be liable for any such advice or recommendation which is not so confirmed.
- 2.3 The Customer warrants that there are no representations outside of this Agreement that have induced it into the Agreement and that this Agreement represents the entire understanding between the parties for the provision of Services. All other terms and conditions express or implied by statute or otherwise are hereby excluded to the fullest extent permitted by law.
- 2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Out of the Hat howsoever generated shall be subject to correction without any liability on the part of the Out of the Hat.
- 2.5 This Agreement and reference documents agreed in Writing by Out of the Hat Ltd supersede any terms as purported by the Customer in any negotiation or course of dealings between Out of the Hat and the Customer.
- 2.6 Out of the Hat may amend the terms and conditions contained herein including any and all Charges, and any such amendment will be communicated to the Customer in Writing at least 30 (THIRTY) days prior to the implementation of the amendment. In the event that the Customer is a consumer, they may be entitled to terminate this Contract at any time up until any amendments are put into force. In the event a Customer places a further Order or continues to use the Services following the implementation of any amendment they will be deemed to have accepted such amendment unconditionally.
3. Out of the Hat Obligations
- 3.1 Out of the Hat will provide internet connectivity for Services as agreed within the Service Order for the duration and under the terms of this Agreement.
- 3.2 Out of the Hat will provide technical support services as defined herein or within any Service Order for Services of the Customer.
- 3.3 Should the Customer submit any Order or undertake any activity within the provision of Services in such a way as in Out of the Hat sole opinion expose Out of the Hat to the risk of legal or other proceedings, regardless of locality or remoteness or expose Out of the Hat to loss of any kind Out of the Hat reserves the right to refuse any Order submitted, suspend or cancel any services or take any other action as in its sole discretion it sees fit to undertake.
- 3.4 Out of the Hat will adhere to all relevant Data Protection legislation in relation to personal details that the Customer may provide from time to time, and associated information will be managed according to Out of the Hat Privacy Statement. Where Out of the Hat is a data processor, the Customer agrees that Out of the Hat is under no obligation to edit, review or otherwise modify any information provided by or behalf of the Customer, except where Out of the Hat has not provided systems to enable the Customer to undertake this activity themselves.
- 3.5 Further to clause 3.4 above, in order to safeguard Out of the Hat interests and that of its other customers, Out of the Hat reserve the right without limitation to forward and provide contact details and other related Customer information on to the police, other regulatory authority or to any third party where so requested to do so or in the event that Out of the Hat be made aware of any circumstance concerning the Customer’s use of Services provided which is deemed by Out of the Hat inconsistent with this Agreement or normal user activity.
- 3.6 In the event that Out of the Hat makes software available that has been designed and manufactured by a third party, the Customer’s use of the software is licensed to the Customer pursuant to separate third party terms, and the Customer unequivocally agrees that he has been afforded the opportunity to review any associated third party license and agrees to comply in full with its respective conditions. Out of the Hat does not endorse any software made available, and the client holds Out of the Hat harmless for its use and applicability.
4. Customer Obligations
- 4.1 The Customer agrees to pay all charges levied by Out of the Hat by the invoice due date.
- 4.2 The Customer agrees to a Minimum Contract Period for the relevant Services obtained.
- 4.3 The Customer agrees to abide by the regulations set forth in this Agreement.
- 4.4 The Customer agrees not to use Services under the provision of the Agreement in methods that may violate any governing laws, regulations or other treaty as may be applicable to the activities undertaken. Furthermore, the Customer agrees that they themselves are solely responsible for all actions and activities which utilise their accounts or associated connections or services provided by Out of the Hat.
- 4.5 The Customer acknowledges and agrees specifically to the limitations of liability and associated disclaimers contained herein unequivocally.
- 4.6 The Customer, directly or indirectly alone or in association with others specifically agrees and warrants that they shall;
- 4.6.1 Not attempt, nor reverse engineer, de-code or in any way disassemble any software provided by Out of the Hat in relation to the provision of any Services;
- 4.6.2 Not use any technology provided by Out of the Hat or any Services to relay, send, upload, post or receive replies to any unsolicited or unauthorised e-mail messages, mobile phone or data message or any other form of messaging, promotional materials, junk mail, spam, chain letters or other forms of solicitation;
- 4.6.3 Not enter any incorrect or incomplete name, address, email address or other requested details or other details on an Service Order or otherwise enter information with the intention to obscure a Customer’s identify. The client also acknowledges that it is the Customer’s sole responsibility to notify Out of the Hat of any changes to its details and ensure that those are furnished to Out of the Hat to ensure the accuracy of its records;
- 4.6.4 Not procure any order for service that it knows or should (after reasonable enquiry) have discovered infringes or might reasonably be considered to infringe the Intellectual Property Rights of others;
- 4.6.5 Not use the Services in any way that may be reasonably construed to infringe the rights of any third party, including but not limited to trade mark infringement, copyright infringement, passing off and defamation;
- 4.6.6 Not advertise any Website or domain or product or service offered by or through an alternative customer Website or domain hosted by Out of the Hat using unsolicited or unauthorised means including junk mail, spam, chain letters or any other form of solicitation;
- 4.7 The Customer warrants to Out of the Hat that it has assessed the risk of using the Services, understands the liability and warranties contained within the Agreement and has given due consideration to the purchase of adequate insurance. The Customer further warrants that where applicable it has in place and will continue to maintain through the provision of this Agreement adequate liability insurance covering damage in accordance with and appropriate to the nature and extent of its business activities, including but not limited to, damage to Out of the Hat facilities or clients thereof or theft, physical damage, business interruption, consequential loss or any other Internet and commercial liabilities that may be relevant from time to time.
- 4.8 The Customer acknowledges that the Internet is not guaranteed to be a completely secure medium for communications, and, whilst Out of the Hat has taken steps to safeguard the security of relevant information Out of the Hat cannot be held responsible for any damages the Customer may suffer as a result of a loss of confidentiality (or other effect on information or data) utilised on the Internet.
- 4.9 The Customer shall at its own expense apply for and possess and maintain any authorisation, license, registration and/or other permit which is required to enable it to conduct its respective business and to the use of the Services. The Customer is required to comply with any conditions contained within any license or agreement (in so far as any requirement does not conflict with this Agreement) and shall keep Out of the Hat fully indemnified in the event of non-compliance.
5. Security Obligations of the Customer
- 5.1 The Customer shall utilise all Services in Accordance with Out of the Hat Acceptable Use Policy.
- 6.1 The Customer agrees to pay to Out of the Hat the Charges, inclusive of any variation and additions from time to time as notified to the Customer in processing and in relation to the provision of Services. All charges issued to the Customer are subject to UK Value Added Tax at the prevailing rate.
- 6.2 The full amount of the initial cost as reflected in the Service Order, plus charges for the first billing period of Services are due and payable to Out of the Hat upon acceptance of the Service Order. Thereafter, all charges will be raised in advance of, during or shortly after the service provision for each billing period.
- 6.3 In the event that the Customer elects to pay by cheque or other similar method, the Customer will be provided with an electronic invoice. All payments for invoices are due within 14 (FOURTEEN) days of issue, unless otherwise stated.
- 6.4 Out of the Hat reserves the right to charge to the Customer any charges to include but not limited to sales tax, excise and ad valorem, gross receipts or any other tax or fees howsoever imposed, directly or indirectly, by any government authority agency or recognised institution, body or corporation with respect to associated services.
- 6.5 The Customer agrees to hereby notify Out of the Hat in writing to firstname.lastname@example.org of any disputed Charges within 30 (THIRTY) days of the billing date for such Charges. In the event the Customer fails to dispute the invoice within the respective time period, the Customer has waived any right to dispute any amounts either directly or indirectly.
- 6.6 All accounts which are overdue by 30 (THIRTY) days will be charged interest from the due date of the lesser of;
- (i) 2% per month on the due amount; or
- (ii) the highest legal rate of interest.
- 6.7 Out of the Hat may suspend, interrupt, or terminate Services on any account (or related account) that is overdue for payment, howsoever occurring. Activation will only be undertaken during Normal Office Hours, unless otherwise agreed in Writing by Out of the Hat.
- 6.8 Out of the Hat reserves the right to forward outstanding debts to a collection agency or their legal representatives for collection. The Customer is responsible for paying all costs associated with the collection, including but not limited to reasonable legal fees.
7. Indemnification and Warranties
- 7.1 The Customer agrees hereby to notify Out of the Hat in the receipt of any third party claim or legal action arising out of or relating to this Agreement or the provision of Services by Out of the Hat.
- 7.2 The Customer agrees and warrants that it shall indemnify Out of the Hat and keep fully indemnified from and against all liability, claims, costs, losses, loss of profits, expenses, business interruption and other pecuniary or consequent loss to include all legal costs and expenses incurred by Out of the Hat as a direct or indirect result of:-
- (i) Any breach by the Customer of any of the provisions of this Agreement (or related agreement) or of any law, code or regulation thereto and/or to the Internet or Services or any application thereto;
- (ii) Access to and/or use of the Service by the Customer or others;
- (iii) All information, data or material stored, processed, produced, transmitted or downloaded by the Customer or others.
- (iv) Any breach of intellectual property or copyright or similar infringement of third party rights.
- 7.3 Out of the Hat reserves the right, but not the obligation, to take control of and conduct any litigation to which it may be subject directly or indirectly by virtue of the Agreement. The Customer hereby acknowledges and agrees not to make any statement in relation to Out of the Hat and/or its Services, nor any other related information, nor undertake any action or omission which may prejudice Out of the Hat, without prior written approval from a director of Out of the Hat.
- 7.4 All associated rights under the Agreement for the Customer’s Indemnity and obligations to Out of the Hat shall continue perpetually after the termination of this Agreement for any services provided by Out of the Hat to the Customer in connection with this Agreement.
8. Limitation of Liability
- 8.1 Except as expressly stated within this Agreement, Out of the Hat specifically disclaims all implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials provided by Out of the Hat or information available from Out of the Hat Website shall be for information purposes only, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guarantee of performance or contractual obligation.
- 8.2 Out of the Hat entire liability under this contract to the Customer (either directly or as any third party defendant in any action proceeding or otherwise) for any claim arising out of this Agreement or Services and the provision thereof shall be limited to the amount of fees so paid to Out of the Hat by the Customer under the Agreement within one year proceeding when any valid claim arose.
- 8.3 In no event shall Out of the Hat be liable in Contract, Tort (including negligence or breach of statutory or related duty) or otherwise howsoever and regardless of the cause to include but not be limited to:
- (i) Any changes to Out of the Hat operations, procedures, products or other services which render obsolete or require modification or alternation to any of the Customers hardware or software;
- (ii) Increased costs or expenses;
- (iii) Any error or interruption to Services;
- (iv) Any claim that a domain name, Website content or other information utilised in the Services by the Customer as may be provided by Out of the Hat infringe any Intellectual Property Rights;
- (v) Loss of any profits, contracts, business opportunities, revenues or related savings;
- (vi) The consequence of any failed or unsuccessful domain name, registration or renewal, e-mail communication or related information or data transfer; or
- (vii) Any failure of any Service, e-mail, non-receipt and mis-routing of communications.
- 8.4 The Customer acknowledges that the provisions of clause 8 satisfy the requirements of reasonableness specified in the Unfair Contract Term Act 1977 and that it shall be estopped from claiming to the contrary at any future date in the event of any dispute with Out of the Hat concerning Out of the Hat liability. In the event that the Customer is an individual as defined under Consumer Transactions (Restrictions on Statements) Order 1976, the statutory rights of the Customer are not affected by this provision.
- 8.5 Out of the Hat will provide any Service to the Customer with reasonable skill and care.
9. Relationships and Assignments
- 9.1 The Customer acknowledges that there is no contract between Out of the Hat and any customers or agents of the Customer as a result of this Agreement and the use of Out of the Hat Services. The Customer agrees to indemnify and hold harmless Out of the Hat for any claim sought by any agents or customers of the Customer against Out of the Hat howsoever arising.
- 9.2 This Agreement does not create nor shall it be deemed to construe any partnership, joint understanding or any other joint venture between the Customer and Out of the Hat. The Customer has no authority, express or implied to hold itself out as an agent or otherwise servant of Out of the Hat or to make any representations or similar activity on the behalf of Out of the Hat.
- 9.3 Out of the Hat deems this contract as personal with the Customer, and the Customer’s rights may not be assigned, sub-licensed or transferred in any manner without the Written agreement of Out of the Hat.
- 9.4 Out of the Hat shall be entitled to transfer this Agreement in addition to all rights and liabilities or any parts thereof arising out of such and without limitation.
10. Termination of the Agreement
- 10.1 The Customer shall furnish on Out of the Hat Written notice of intention to cancel within the respective notification period, after any applicable Minimum Contract Period defined under this Agreement.
- 10.2 Out of the Hat reserves the right to cancel this Agreement (or any other with the Customer) for any reason and at any time by the provision of 14 days written notice, unless otherwise stated within the Agreement. Written notice will be furnished to the Customer at their specified contact address and e-mail account and services will be deemed delivered;
- (i) By e-mail, one day after issue;
- (ii) By facsimile, the same business day; or
- (iii) By Post – two days after day of postage.
- to the Customer at their specified contact address and e-mail account. Any outstanding fees which are paid in advance of cancellation will be pro-rated and refunded by Out of the Hat if Out of the Hat executes its right of cancellation and the Customer is not in violation of any Agreement with Out of the Hat.
- 10.3 Out of the Hat reserves the right and without liability to immediately and devoid of notice suspend or otherwise terminate any Service for any material breach (or perceived breach) or repeated breach of the Agreement, or to safeguard the interests of Out of the Hat against the actions of the Customer howsoever occurring.
- 10.4 Out of the Hat reserve the right to issue 14 (FOURTEEN) days notice to the Customer to request compliance with any breach or activity which may cause in Out of the Hat sole opinion damage to itself or others. Out of the Hat reserve the right to investigate a breach and undertake whatever action necessary to resolve all matters. Out of the Hat reserve the right to charge all associated costs and professional fees to the Customer howsoever incurred in relation to any investigation and consequential action stemming from this Agreement, regardless of its nature.
- 10.5 Out of the Hat may terminate this agreement in the event the Customer shall be unable to pay its debts or enters into voluntary or compulsory liquidation or in the event that any manager or administrator be appointed to administer the Customers affairs or for any other reason under which Out of the Hat may deem the Customer unable to pay any debts or future liabilities which may be payable under this Agreement.
11. Force Majeure
- 11.1 Out of the Hat shall not be responsible or liable for any failure or delay or consequence thereof in the performance of its obligation under this Agreement owing to strikes, lockouts or other industrial disputes (whether or not involving the workforce of any party), Act of God, embargo, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, direction, regulation, accident, breakdown of plant or machinery, fire, flood or storm or to any other cause whatsoever beyond Out of the Hat reasonable control or after the effects of the foregoing. If any such delay occurs then (unless the cause therefore shall frustrate or render impossible or illegal the performance of the relevant Agreement which shall otherwise discharge the same) the period for Out of the Hat to perform its obligations hereunder shall be extended by such period (which for the avoidance of any doubt is not limited to the lengths of delay) as Out of the Hat may reasonably require to complete such performance obligations.
- 11.2 In the event that Out of the Hat shall have cause to rely on clause 11.1 above, Out of the Hat shall upon becoming aware of an occurrence of Force Majeure furnish such notice to the Customer in addition to details of the circumstances where relevant.
- 11.3 In the event that a Force Majeure occurrence shall continue or may be reasonable expected to continue for a period of more than 1 (ONE) calendar month, Out of the Hat may mutually agree with the Customer to terminate this Agreement.
12. Governing Law and Jurisdiction
- 12.1 This Agreement is made under the laws of England and Wales and the Customer hereby unequivocally accepts and consents to the exclusive jurisdiction of the courts of England and Wales.
- 12.2 No waiver by Out of the Hat of any breach of the Agreement by Out of the Hat shall be considered as a waiver of any subsequent breach of the same or any other provision.
- 12.3 If any terms of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
Schedule: Domain Name and Related Services Terms and Conditions
Out of the Hat will provide Domain Name Services and Services to the Customer upon the terms set out within this Schedule and Out of the Hat Standard Terms and Conditions.
2. Customer Obligations
- 2.1 The Customer warrants to Out of the Hat that the registration of any requested domain and the manner in which it shall be used directly or indirectly will not infringe any third party rights. Out of the Hat makes no warranty express or implied and disclaims all liability to the extent that any request for the registration, transfer or renewal of any domain name or other services undertaken by Out of the Hat on behalf of the Customer will not breach any intellectual property or other third party rights.
- 2.2 The Customer warrants to Out of the Hat that the registration of any requested domain is not being made in malice or could be an abusive registration under Nominet, ICANN or other relevant authority dispute resolution policies, whichever is appropriate.
- 2.3 The Customer confirms that is shall not use any domain name registered by Out of the Hat on behalf of the Customer to communicate, transmit, store or knowingly receive any material that is offensive, abusive, defamatory, obscene, menacing, breach of confidence, breach of any relevant statute, treaty or applicable law or which infringes any Intellectual Property Rights of any third party.
- 2.4 The Customer is responsible for all information submitted to Out of the Hat, and warrants to Out of the Hat that it will examine all documentation to ensure the authenticity and integrity of the data so provided and agrees to notify Out of the Hat of any errors or discrepancies within 24 (TWENTY FOUR) hours of receipt.
- 2.5 The Customer will at all times comply with the Agreement, or as modified from time to time applying to the registration of the domain name and as published or otherwise made available by the Relevant Naming Authority (including any domain dispute resolution policy of the authority) and any other authority having similar force.
- 2.6 In the event that the Customer wishes to transfer ownership or otherwise of any requested domain used in association with Services provided by Out of the Hat, then it warrants to Out of the Hat and other relevant parties that it will procure all relevant and necessary consents in regards to the domain and will provide to Out of the Hat, upon request all documentary evidence of such. The Customer agrees that prior to the transfer of ownership of any requested domain that the Customer will acquire written confirmation that the transferee will be bound by the same Agreement prior to the transfer as the current Customer.
- 2.7 The Customer acknowledges that any domain names registered by Out of the Hat on the Customer’s behalf may be subsequently suspended, modified, or cancelled by persons other than Out of the Hat.
- 2.8 The Customer hereby agrees that in relation to the request, purchase, renewal and acquisition of relevant services for a domain name that Out of the Hat is acting as agent on behalf on the Customer with express authority. The Customer further acknowledges to be bound by all appropriate third party terms and conditions where appropriate.
3. Out of the Hat Obligations
- 3.1 Out of the Hat will use reasonable endeavours to register a requested domain, however the Customer acknowledges that Out of the Hat will not be obliged to accept any request to register or continue to process any registration of a requested domain.
- 3.2 The domain services are limited to forwarding a Customer application for registration to any Relevant Naming Authority, providing reasonable administration services in relation to the application and notifying the result of the application to the Customer within a reasonable period of time after communication from any Relevant Naming Authority. No Customer application may be deemed successful until so confirmed in Writing by Out of the Hat.
- 3.3 Out of the Hat will use reasonable endeavours to notify the Customer of any domain renewal dates, however Out of the Hat has no liability for the loss of any registration or otherwise of any requested domain howsoever occurring.
- 3.4 Any domain name not renewed by its expiry date will be de-activated on the expiry date. To ensure no loss of service the Customer should ensure that the domains are renewed in advance of any known renewal date.
- 3.5 Out of the Hat makes no representations or warranties (express or implied) of any kind (and all are expressly disclaimed) with respect to availability or likelihood of any requested domain. The Customer acknowledges that Out of the Hat cannot guarantee the reservation or registration of any domain requested and that the registration of any such domain will be subject to any registration requirements and associated terms and conditions of the appropriate Registry.
- 3.6 Out of the Hat reserves the rights not to transfer or register a domain until any outstanding invoices which may be due and owing have been paid by the Customer to Out of the Hat.
- 3.7 Out of the Hat reserve the right at any time and without limitation to change the registrar of any Customers domain name held with Out of the Hat and without express notice to the Customer.
4. Related Domain Information
- 4.1 The Customer unconditionally agrees and acknowledges that Out of the Hat may make registration information provided by the Customer in relation to a requested domain available to ICANN, Nominet or other registration authority, the Registry and other third parties as applicable laws may require (for the avoidance of any doubt this may include the police, government or related agencies thereof). The Customer further acknowledges that Out of the Hat may make publicly available, or directly available to third party vendors, some or all of the domain name registration information provided, for the purposes to include but not limited to inspection (such as through the WHOIS service) or other purposes as required or permitted by ICANN, Nominet or applicable law. The Customer irrevocably consents to any and all such disclosures, whenever and howsoever made. The Customer unconditionally waives any and all claims and causes of action arising from such disclosure or use of the domain name registration information by Out of the Hat.
5. Domain Hosting and Services
- 5.1 Until such time as the Customer makes use of a web redirection or hosting service for a domain, Out of the Hat reserves the right to re-direct to a holding page or other website. The Customer further agrees that Out of the Hat may amend the content of any holding page or change the destination of any redirection in its sole discretion. For the avoidance of any doubt, this does not affect the Customer’s right or ability to make use of the any web-redirection facility as and when required.
- 5.2 By entering into this Agreement with Out of the Hat for Domain Name Services, the Customer acknowledges that performance of the Agreement will begin with immediate effect and that it is hereby forfeiting any right to cancel the Agreement as may be afforded under the Consumer Protection (Distance Selling) Regulation 2000.
- 5.3 Where the Customer wishes to transfer ownership of a domain to a third party Out of the Hat reserve the right to charge an administration fee as appropriate for effecting the transfer.
- 5.4 Any domain name not registered through Out of the Hat but subsequently transferred to Out of the Hat is subject to this Agreement.
- 5.5 In submitting a request for a domain name to be transferred to Out of the Hat, the Customer agrees to pay any Charges to Out of the Hat as appropriate.
- 5.6 In the event of a dispute regarding the ownership of any rights to a domain name transferred to or registered by Out of the Hat on behalf of its Customers, Out of the Hat reserve the right to take any all necessary action to protect itself (without limitation), the right to give the registry key for the domain name to the registrant and/or authorise the transfer of the domain name away from Out of the Hat.
Schedule: Web Hosting Terms and Conditions
Out of the Hat will provide Web-Hosting and Internet Services pursuant to this Schedule and Out of the Hat Standard Terms and Conditions.
2. Licenses and IPR
- 2.1 Upon Out of the Hat accepting the Customer’s application to subscribe to the Hosting and Internet Services, Out of the Hat hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, during the term of this Agreement, to use the Out of the Hat technology solely for the purpose of using the Services. The Customer shall have no right to use Out of the Hat technology for any purpose other than using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Out of the Hat to the Customer any Out of the Hat technology, and all rights, titles and interests in and to the Out of the Hat technology shall remain solely with Out of the Hat.
- 2.2 Out of the Hat’s trademarks, names, service marks, logos and other related material and proprietary marks, and information are the sole and exclusive property of Out of the Hat. The Customer hereby acknowledges and warrants that it is not authorised and shall not use any of the foregoing in any advertising publicity or in any other commercial manner without the express Written consent of Out of the Hat.
- 2.3 Out of the Hat reserves the right to retain any feedback, data, answers, questions, comments, ideas and the like which the Customer may provide to Out of the Hat relating to the Services, and may be treated as being non-confidential and non-proprietary. The Customer warrants that Out of the Hat has no obligation to protect such information from disclosure and Out of the Hat will be free to reproduce, use and distribute such information to others without restriction. The Customer further agrees that Out of the Hat is free to use all ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including without limitation, developing and providing marketing products and services incorporating such information.
3. Conditions of Service
- 3.1 The facilities and services provided within the Services will be defined by the description of services applied for by the Customer on Out of the Hat Service Order and other relevant documentation at the time of application, including but not limited to any specification of equipment, storage space and data transfer. In the event that the Customer limits of the order are exceeded it may be necessary for the Customer to upgrade the service or purchase additional storage and/or data transfer as required.
- 3.2 Out of the Hat will endeavour to maintain a minimum level of security, however the Customer warrants and acknowledges that Out of the Hat is under no obligation to do so and therefore cannot provide any guarantee regarding the security of material hosted on the Out of the Hat Server or other Customer Server.
- 3.3 Out of the Hat reserves the right to suspend any Service without limitation for repair, improved maintenance and other such circumstances as Out of the Hat may notify the Customer. Out of the Hat will endeavour to contact the Customer wherever possible to limit the time required to a minimum.
- 3.4 The Customer acknowledges that whilst Out of the Hat will use all reasonable endeavours in the provision of any associated Services, Out of the Hat does not warrant nor guarantee that the provision of Services will be error-free and/or not interrupted.
- 3.5 In respect of the above clauses Out of the Hat has furnished notice and the Customer hereby accepts unconditionally that Services are not intended to be used in circumstances where fail-safe performance and operations may be or are required.
- 3.6 Out of the Hat reserves the right to suspend or otherwise modify any Services if the Customer’s continued use of the Services is established at Out of the Hat entire discretion to be in conflict or otherwise detrimental to Out of the Hat or to the running of any Out of the Hat server or technology or to the use of the Services by any other Out of the Hat customer.
- 3.7 Out of the Hat reserves the right to terminate this agreement for the provision of Services at any time, and will furnish to the Customer 14 (FOURTEEN) days notice unless otherwise specified. Upon the provision of 14 (FOURTEEN) days notice and the Customer not being in default of this Agreement, Out of the Hat will refund to the Customer any Charges which the Customer may have paid for any respective period for which Services has been deemed cancelled.
- 3.8 THE CUSTOMER IS HEREBY GIVEN NOTICE THAT Out of the Hat reserve the right but not the obligation to monitor the Customer Website and Out of the Hat technology for the Customer’s use thereof and Out of the Hat shall at its sole discretion be entitled at all material times and without notice to refuse to host any material and/or to suspend availability to the Customer’s Website or other Hosting Services and to remove any material which in Out of the Hat sole discretion is in breach of any of the conditions contained herein and specifically detailed under Customers Obligations.
- 3.9 Out of the Hat at its sole discretion may inform the Customer as soon as is reasonably practical should they propose or have to enforce its obligations herein.
- 3.10 Out of the Hat rights and obligations to suspend availability to the Customer Website pursuant to this Agreement, is without prejudice to the Customers sole responsibility for the content of the Customer Website or use of other Hosting Services and to the Customers obligations hereunder.
- 3.11 The Customer warrants that the hosting of any Website, content, or utilisation of associated Services by Out of the Hat does not amount to the approval of the Customer Website, associated material or e-mail and shall not under any obligations constitute any form of waiver of any of Out of the Hat rights or Customer’s rights or obligations under this Agreement.
4. Backup Related Services
- 4.1 Where the Customer has not purchased any Backup Services in connection with Hosting Services, the Customer has sole responsibility for making and maintaining its own backup of any material on the Customer Website or e-mail account. The Customer hereby warrants and holds harmless Out of the Hat for any loss of such material, and howsoever occurring without limitation.
- 4.2 Out of the Hat will use reasonable efforts to back up data as defined by the service description on Out of the Hat website (or as otherwise agreed in writing between Out of the Hat and the Customer). Out of the Hat shall not be responsible nor be liable for any loss, damage, costs or expenses or other claims howsoever arising for compensation for any data, file or other material being damaged, corrupted, lost or otherwise affected.
5. E-mail Services
- 5.1 In the event that the Customer applies to use an email alias or sub domain not owned by the Customer, Out of the Hat do not provide any guarantee that the desired alias or sub domain will be available now, or if available will continue to do so beyond the initial term of the e-mail or Hosting Services applicable to the Customer.
6. Customer Obligations for Hosting and Internet Services
- 6.1 The Customer shall warrant and obtain all necessary licenses and consents in respect of any material posted to or retained on the Customers Website or E-mail Account, prior to the procurement and posting of such material.
- 6.2 The Customer shall undertake not to post or retain any material on the Customer’s Website or E-mail Account which is offensive, abusive, indecent, defamatory, obscene, menacing, in breach of confidence, and/or infringes the Intellectual Property Rights of any third party or contain a virus or other hostile code or constitute, procure or encourage a criminal offence.
- 6.3 Further to clause 6.2 above, the Customer shall undertake and irrevocably agree that it will not transmit any such material from Out of the Hat Server nor will it link any such material from Out of the Hat Server.
- 6.4 The Customer agrees that it will not permit or authorise any other party to use the Out of the Hat Hosting and Internet Services, in breach of any law, regulation or other relevant statutory obligations, howsoever and whensoever imposed, nor permit or undertake any activity which may be detrimental to Out of the Hat, its customers or other Internet users.
- 6.5 The Customer shall abide by all terms and conditions established by Out of the Hat and to keep secure any confidential information in relation to the performance of this Agreement or otherwise including but not limited to user account details and passwords.
- 7.1 The Customer may cancel this Agreement by the provision of the relevant written notice, after the requisite Minimum Contract Period, pursuant to Service Order.
- 7.2 In the event of termination of the Agreement howsoever occurring, Out of the Hat reserves the right to immediately suspend service and to remove all material from a Customer Website and associated e-mail account and post an appropriate notice regarding the lack of availability in relation to Hosting and Internet Services.
- 7.3 Out of the Hat reserve the right to terminate this Agreement at any time. Unless otherwise detailed herein, Out of the Hat will provide 30 (THIRTY) days written notice of termination
- 7.4 In the event that the Customer wishes to cancel this Agreement within the Minimum Contract Period, all monies which would have been due and owing to Out of the Hat under the Agreement will remain payable to Out of the Hat.
Acceptable Use Policy
Should the Customer have any issue accessing this documentation, current versions may be provided to the Customer on request.
- 1.1 The information contained within the document is to define an Acceptable Use Policy for Customers who use Out of the Hat Services. By utilising Out of the Hat Services the Customer acknowledges that it has read, understood and agreed to all the information contained within this document (and referred documentation) including Out of the Hat Standard Terms and Conditions.
- 1.2 The Customer acknowledges that they are responsible for all actions with their account and Services provided by Out of the Hat. Whilst it is not the intention of Out of the Hat to monitor, control or otherwise affect any Services or content of on-line communications, Out of the Hat reserve the right to edit, remove or otherwise deal with content that in their sole discretion are or may be in breach of this policy or otherwise harmful or offensive, regardless of the standard or subject matter.
- 1.3 This policy is designed to assist in the protection and preservation of Services to the Customer and other Out of the Hat customers and other Internet users from improper and/or illegally related activity.
2. Network Security
- 2.1 The Customer either directly or through the assistance of others will not use any hardware or software on Out of the Hat network to circumvent user authentication of any host, network or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account that the Customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation’s security policy, statute or otherwise.
- 2.2 The Customer either directly or through the assistance of others may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, denial of service attacks, mail bombing, or other deliberate attempts to overload or crash a host or network.
- 2.3 The Customer either directly or through the assistance of others may not attempt to compile, distribute or otherwise transmit any electronic communications using a name and address other than themselves for the purposes of deception or to conceal their identity. Any attempt to impersonate another party by altering a source IP address information or by forging headers or similar information is prohibited.
- 2.4 Out of the Hat has the right, but not the obligation to monitor any Services provided to the Customer. If the Customer fails to adhere to their obligations herein, Out of the Hat reserves the right to suspend the account with immediate effect. The Customer agrees to assist Out of the Hat with any investigation of a Customer account used not in accordance with this Agreement, at its own expense. In the event the Customer fails to assist Out of the Hat in its investigation and provide any satisfactory responses or required action or undertakings which in Out of the Hat sole discretion may be required, the Customer may incur criminal and/or civil liability for which Out of the Hat takes no responsibility. The Customer agrees to indemnify Out of the Hat against all costs incurred as a result of such investigations and subsequent action, howsoever and whensoever incurring.
3. Account Usage
- 3.1 The Customer specifically agrees to the following conditions regarding the use of the account:
- 3.1.1 Not to permit any such tool or scripting that allows shell access to any Server or Services provided under this Agreement without the express written permission of Out of the Hat.
- 3.1.2 Not to implement any such tool that allows or may allow anonymous use to a Customer Website as a web proxy. The Customer is responsible for all actions associated with the use of the Services and their account howsoever occurring.
- 3.1.3 Not to implement any such tool that allows any IRC functionality, which includes but is not limited to IRC bouncers, bots and servers.
- 3.1.4 E-mail, where mass mailings are sent (considered as one batch of email numbering 100 or greater), the total size of the mailing should be equal to or less than one quarter of the monthly bandwidth allocation provided to the account used to send email. The frequency of mass mailings where permitted should not exceed once per week per hosting account.
- 4.1 Out of the Hat has zero tolerance for spam originating from Customers, or for spam advertising websites of any customer accounts and services held with Out of the Hat. If Out of the Hat receive any complaint about such spam and any investigation shows abuse of any account held with Out of the Hat all related Services to the Customer will be suspended with immediate effect. The Customer is required to assist with any investigation.
5. Lawful Use
- 5.1 The Customer is prohibited from transmitting on or though any of Out of the Hat services, any material that is, in their sole discretion, unlawful, obscene, threatening, abusive, libellous, or encourages the conduct that may constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law, regulation, statue treaty or similar provision. The utilisation of Out of the Hat services are for lawful purposes only. Transmission, distribution, or storage of any information, data or material in violation of any relevant laws, regulations, statute, treaty or similar provisions is prohibited. This includes but is not limited to material protected by copyright, trade secret or other similar provisions and Out of the Hat reserves the right and without liability to remove such material from its Servers and Services as applicable.
- 5.2 The Customer specifically agrees not to utilise any Out of the Hat Services or account to host sites in relation to adult content nor similar related material.
- 6.1 The Customer warrants that it shall not intentionally transmit files containing a computer virus or corrupted data.
- 7.1 The Customer hereby acknowledges that the Internet is open and an insecure means of communications. Any data or information stored or transmitted may be susceptible to interception, modification, destruction or loss. Out of the Hat makes no guarantee and assumes no liability for the security, integrity, confidentiality or any data or information transmitted via the Services, including those deemed “Secure”.
- 8.1 Out of the Hat will cooperate fully with any investigations (civil and/or criminal) as may be required from time to time.
- 9.1 Out of the Hat may modify this Acceptable Use Policy from time to time without reservation. The information contained herein is indicative only of the types of behaviour required and should not be construed as a definitive and comprehensive list.