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General Terms & Conditions

These General Terms and Conditions set out the terms and conditions under which Paragon Internet Group Limited, trading as tsoHost, will provide services to Customers. These General Terms and Conditions set out the Customer’s legal rights and remedies and should be read carefully prior to ordering any Services. These General Terms and Conditions also contain additional provisions applicable to the use, in the European Union ("EU"), of the Website and/or of the DSA Services (as defined below).

The Customer’s attention is specifically drawn to the provisions of clauses 9 and 10 of these General Terms and Conditions which set out tsoHost’s maximum liability to the Customer and the Customer's potential liability to tsoHost.

Where the Customer is a Consumer, as defined below, the Customer’s attention is further drawn to clause 13.2 below. A Consumer is entitled to a 14 day cooling off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Given the online nature of the Services, there may be circumstances where tsoHost is unable to commence provision of the Services until the cooling off period has expired or unless the Customer has expressly waived their right to a cooling off period. This applies in respect of domain names and SSL certificates in particular.

Agreement

This Agreement applies(i) to the contractual relationship between Paragon Internet Group Limited trading as tsoHost ("tsoHost") and the customer named on the Order Confirmation ("the Customer"), and, (ii) irrespective of the existence of any contract between tsoHost and the Customer, as regards Part 2 of these General Terms and Conditions, to the contractual relationship between tsoHost and any user of the Website and/or the DSA Services.This Agreement is formed of these General Terms and Conditions, and, where applicable, the Product Terms and the Order Confirmation, along with any ancillary documents referred to in any of the above including, but not limited to, the Acceptable Use Policy and the Privacy Policy (the "Agreement"). This Agreement shall apply to the exclusion of all other terms and conditions including any terms and conditions which the Customer may attempt to introduce or rely on. TsoHost reserves the right to amend, add to or subtract from these General Terms and/or the Product Terms at any time and without the consent of the Customer.

Part 1: General Provisions

  1. Definitions

    “Acceptable Use Policy” means tsoHost’s Acceptable Use Policy, as updated from time to time, which can be found on the Website.

    “Associated Company” means a subsidiary or holding company of a company or any subsidiary company of such subsidiary or holding company. The terms “subsidiary” and “holding company” have the meanings given to them by section 1159 of the Companies Act 2006.

    “Consumer” means an individual who is making use of the Services not as part of a business, trade or profession or for the purpose of financial or commercial gain including the placing of advertisements on any domain. An individual shall not be construed as a Consumer where the individual is the registered holder of 10 or more domains, is carrying on business using any services ordered from tsoHost or who has registered any domain(s) during the applicable land rush or sunrise periods. "DSA Services" refer to, among all the services provided by tsoHost, the intermediary services provided in the EU or to EU users which come within the scope of the EU Digital Services Act. These notably include certain hosting products, dedicated servers and registrar services provided by tsoHost in the EU.

    “Fees” shall mean the charges payable by the Customer as specified on the Order Confirmation or as advised to the Customer from time to time.

    “Initial Term” means a minimum term as specified for each product. If no minimum term is specified for a product then the default is a minimum period of 12 months.

    “Insolvency Event” shall mean, in respect of a corporate entity, becoming the subject of a voluntary arrangement under section 1 of the Insolvency Act 1986 (‘the IA’); becoming unable to pay its debts within the meaning of section 123 of the IA; or has a receiving, manager administrator or administrative receiver over any parts of its assets, undertaking or income, has passed a winding up resolution, ceases or threatens to trade or has a petition presented to any court for its winding up or administration order. In the case of an individual, Insolvency Event shall mean where the entering into or any debt management plan or Individual Voluntary Agreement, bankruptcy, the inability to pay debts as defined in sections 267 and 268 of the IA or any similar event.

    “Order Confirmation” means the email or other confirmation sent to the Customer in response to the Customer’s request for Services.

    “Privacy Policy” means tsoHost’s Privacy Policy, as amended from time to time, which can be found on the Website.

    “Product Terms” means the terms and conditions specific to the Services ordered by the Customer as which are located on the Website.

    “Services” shall mean the services provided by tsoHost under this Agreement as stated on the Order Confirmation together with any ancillary services.

    “Software” means any software provided by tsoHost to the Customer under or in relation to this Agreement.

    “Website” refers to tsoHost website, as currently available at www.tsohost.com.
  2. Interpretation
    1. Headings used in the Agreement are inserted for convenience only and are not intended to be part of, nor to affect the meaning or interpretation of any of the terms of, the Agreement.
    2. In the Agreement the masculine includes the feminine and the neuter and the singular includes the plural and vice versa as the c
    3. The expression “person” means any individual, firm, body corporate, unincorporated association, partnership, government, state or agency of a state or joint venture.
    4. In the event of a conflict between any term of these General Terms and Conditions, the Product Terms and/or the Order Confirmation, the conflict will be resolved according to the following order of priority i) the Order Confirmation, ii) the Product Terms and iii) these General Terms and Conditions.
    5. The words “include”, “includes”, “included” and “including” will be construed without limitation unless inconsistent with the context.
    6. The Agreement (as varied in accordance with its terms) forms the entire understanding between the parties and supersedes all previous agreements, understandings and negotiation between the parties. All other understandings, agreements, warranties, conditions, terms representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. The Customer may not rely upon any representation made or given by any tsoHost employee prior to the Agreement being entered into unless confirmed in the Agreement.
    7. The parties do not intend that any of the terms of the Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999.
    8. References in these General Terms and Conditions to clauses mean clauses of these General Terms and Conditions unless the contrary is stated. References in these General Terms and Conditions to statutes or statutory instruments are deemed to include those provisions as subsequently amended or substituted.
  3. Service Provision
    1. tsoHost shall provide the Services order by the Customer. These General Terms and Conditions and the Product Terms are not an offer to provide Services but a statement of the terms under which the Services would be provided. The Agreement is incorporated on tsoHost’s issuing of the Order Confirmation.
    2. tsoHost will use its reasonable endeavours to provide the Services in accordance with any agreed or expected timescale however; time will not be of the essence in providing the Services. tsoHost will not be liable to the Customer where, using those endeavours, it fails to meet any timescale.
    3. tsoHost shall be entitled to suspend the provision of the Services in the event that the Customer or the Customer’s agent, subcontractor or employee breaches the terms of the Agreement or where tsoHost reasonably believes this has or will occur. tsoHost shall have no liability to the Customer as a result of such suspension.
    4. tsoHost shall not be obliged to provide any services not specified in the Order Confirmation.
    5. tsoHost reserves the right at any time and from time to time to improve, correct, or otherwise modify any or all of the Services. tsoHost will endeavour to give the Customer reasonable notice of any such modification where possible.
    6. tsoHost reserves the right to refuse a Customer’s order for any reason at its discretion.
    7. tsoHost shall be entitled to verify the Customer’s email and postal addresses from time to time. In the event that tsoHost is unable to verify the Customer’s email and/or postal address tsoHost may suspend the provision of the Services without liability.
    8. Without prejudice to its other rights and remedies, tsoHost may at its sole discretion suspend, in whole or in part, the provision of the Services (temporarily or permanently) and without liability to the Customer in any of the following circumstances:
      1. scheduled or unscheduled maintenance or upgrade of tsoHost’s systems;
      2. the issuing by any competent authority of an order which binding on tsoHost and which affects the provision of the Services to the Customer;
      3. failure by the Customer to pay any sum owing to tsoHost when such payment falls due;
      4. breach by the Customer of the Acceptable Use Policy;
      5. breach by the Customer of the Data Protection Policy;
      6. failure or deficiencies in the Customer’s System; or
      7. the occurrence of any event following which tsoHost reasonably considers it to be appropriate to suspend the provision of the Services and/or terminate the Agreement.
    9. Where tsoHost suspends the provision of the Services under clause 3.8.3 above, tsoHost shall not be obligated to lift such suspension outside of normal business hours and until the Customer has paid all outstanding sums owing to tsoHost in cleared funds and, if required by tsoHost, accepted such revised payment terms and method as tsoHost may reasonably require.
    10. Where tsoHost operates its own backup procedures in respect of any particular products then such backups are carried out on a ‘reasonable efforts basis’ and are intended as a convenience rather than a replacement for a Customers own backup arrangements. Primarily responsibility for backups rests with Customers and Paragon accepts no liability in the event that a backup fails, is out of date in any way or is not a complete backup of the Customer’s data. Customers must arrange for their own backup facilities at the frequency they require.
  4. tsoHost Warranties
    1. The Customer acknowledges that given the nature of services provided over the internet, tsoHost cannot guarantee that the Services will be uninterrupted or error free.
    2. To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided on an “as is” and “as available” basis and no warranty or representation (express or implied) of any kind is given in connection with the Agreement or the Services including as to satisfactory quality or fitness for a particular purpose.
    3. tsoHost gives no warranty or representation that:
      1. the Services will meet the Customer’s requirements;
      2. the Services will be provided on an uninterrupted, timely, secure or error-free basis; or
      3. any results obtained from the Services will be accurate, complete or current.
    4. tsoHost warrants that it will provide the Services with reasonable care and skill.
    5. tsoHost shall not be liable for breach of any warranty in the event that the cause of such breach is related to any failure or non-availability of any third party service providers.
    6. tsoHost shall have no liability for any breach of the warranty at clause 4.4 unless the Customer notifies tsoHost of such breach within fourteen days of becoming aware of such a breach. Provided the Customer has complied with the notification time limit set out in this clause 4.6, tsoHost may, at its sole discretion, take such steps to remedy such breach or provide a refund to the Customer of such Fees as may be appropriate. Provided tsoHost remedies such breach it shall have no further liability to the Customer. If tsoHost fails to remedy such breach then tsoHost’s maximum liability for breach of warranty shall be as set out in clause 9.4 below.
  5. Customer’s Warranties and Obligations
    1. Where the Customer is a corporate entity, the Customer, or the Customer’s representative, warrants that the Customer is properly constituted and has the capacity to enter into the Agreement. The Customer’s representative warrants that it is authorised to bind the Customer. Where the Customer is an individual the Customer warrants that he/she has the capacity to enter into the Agreement.
    2. The Customer warrants that any materials it provides will be accurate in all respects and will not include material which is illegal, the accessing, transmitting, holding or supplying of which could be a criminal offence or which is otherwise unlawful or in breach of any applicable law or code of practice applying to such materials.
    3. The Customer warrants that all information provided to tsoHost is complete, accurate and up to date and shall inform tsoHost of any changes to this information without delay.
    4. The Customer warrants that it will:
      1. immediately inform tsoHost on becoming aware of any unauthorised use of the Services and/or the Customer’s system;
      2. obtain all necessary licenses, waivers and consents required for the use of the Services and the Customer’s material;
      3. not use the Services or allow them to be used for unlawful purpose or for the publication, linking to, issue or display of any unlawful or objectionable material (including any pirated content, material which is obscene, threatening, malicious, harmful, abusive, defamatory or which breaches any third party’s intellectual property rights or which encourages criminal acts or contains any virus, worm, malware, trojan horse or harmful code) whether under English law, the laws of the Customer’s country or any other jurisdiction where the results of such purpose or the material in question can be accessed;
      4. comply with all applicable legal requirements in using the Services including, but not limited to, the Data Protection Act 2018, the UK General Data Protection Regulation, The Privacy and Electronic Communications Regulations 2003 and the Computer Misuse Act 1990;
      5. not use the Services or allow the Services to be used for the publication, web forwarding, linking to issue of or display or any material which in the absolute discretion of tsoHost may harm tsoHost or any Associated Company or their clients;
      6. not use any third party services for the publication, linking to, issue or display of any material which refers to any website hosted by tsoHost or any of tsoHost’s Associated Companies or any other products or services offered by tsoHost or any of tsoHost’s Associated Companies without such company’s prior written consent;
      7. comply, and ensure that anyone using the Services complies, with the Acceptable Use Policy and the Data Protection Policy;
      8. be entirely responsible for and make whatever back-ups of the Customer’s data that the Customer considers necessary or desirable;
      9. comply expeditiously with any tsoHost security policy notified to the Customer from time to time;
      10. ensure that all passwords and user names provided by tsoHost are kept confidential and not disclosed to third parties;
      11. inform tsoHost without delay if the Customer has reason to believe that the Customer’s user name or password has been compromised;
      12. be entirely liable for all activities conducted and charges incurred under the Customer’s user name and password whether authorised by it or not and the Customer acknowledges that tsoHost shall not be liable for any loss of confidentiality or any damage resulting from the Customer’s inability to comply with the Agreement;
      13. ensure that all material or data hosted by tsoHost on any website operated by the Customer or communicated through such site is checked for viruses and other harmful code and has appropriate security patches applied; and
      14. comply with any applicable ICANN requirements applicable to the Services, for example, ICANN’s Registrants’ Benefits and Responsibilities Specification and Registrant Educational Materials.
    5. The Customer warrants that it has appropriate knowledge of how the Internet functions, the nature and technical nature of the Services and what types of use and material are and are not acceptable.
    6. The Customer acknowledges that tsoHost has no obligation to:
      1. train the Customer or the Customer’s employee, agent or subcontractor on use of the Services;
      2. manipulate in any way any material which the Customer wishes to and/or does post on any web site or other system or any communication it wishes to send via or in relation to the Services; or
      3. validate, vet or edit such material for usability, legality, content or correctness.
    7. The Customer shall promptly provide to tsoHost, or anyone authorised by tsoHost, such information and assistance as may reasonably be requested from the Customer.
    8. If, in tsoHost’s opinion, the Customer is in breach of its warranties at clauses 5.4.4 or 5.4.5 above, tsoHost shall be entitled to suspend the provision of the Services and/or terminate the Agreement without liability. tsoHost also reserves the right to inform any appropriate public bodies of the details of the Customer’s use.
    9. The Customer shall not resell, assign or transfer the benefit of the Services to any third party without tsoHost’s express written consent.
    10. Where the Customer has obtained tsoHost’s consent to resell all or part of the Services to third parties, the Customer shall:
      1. procure such third parties’ compliance with and acceptance of these General Terms and Conditions and the Product Terms;
      2. be fully responsible for such third parties’ acts and omissions; and
      3. fully indemnify and hold tsoHost harmless against the third parties’ acts and omissions.
  6. Payment
    1. The Customer shall pay the Fees in cleared funds in the amount, method and intervals set out in the Order Confirmation. The Customer must register a payment method with tsoHost prior to placing any order for Services and ensure that an active payment method remains registered with tsoHost for the duration of the Agreement.
    2. Unless stated otherwise, any total fee stated in the Order Confirmation is an estimate only and may increase depending on the Customer’s use. Any set up fee is payable immediately. Additional fees may be payable if the Customer exceeds the usage allowed for the Services purchased.
    3. tsoHost reserves the right to increase the Fees payable for the provision of the Services at any by giving the Customer 30 days’ notice of such price rise.
    4. Any sums stated in the Order Confirmation are exclusive of VAT or similar taxes, levies or duties which are payable by the Customer in addition.
    5. Any sums are due within 7 days of invoice date failing which tsoHost reserves the right to charge interest at the rate of 8% per annum above the base rate, accruing daily, from the due date of payment to the date of payment whether before or after judgment. In the event of non-payment of any sum owing by the Customer tsoHost reserves the right to pass the debt to a third party collection agency which may result in additional charges being made to the Customer.
    6. tsoHost may conduct a credit check on the Customer including, where the Customer is a corporate entity, the directors and shareholders of a Customer. The results of such credit check may be shared with tsoHost’s Associated Companies and with other third party entities. The Customer consents to tsoHost carrying out such checks and retaining and sharing the results of such checks.
    7. Where the Customer authorises the payment of the Fees by the Customer’s chosen payment method, the Customer authorises tsoHost to deduct other amounts which become due to tsoHost, whether under the Agreement or otherwise, without obtaining further express authorisation from the Customer.
    8. Without prejudice to its other rights and remedies, in the event of non-payment by the Customer within 14 days of the due date, tsoHost shall be entitled to delete the Customer’s data from its equipment without any obligation to backup such data.
    9. In the event that tsoHost issues a credit to the Customer:
      1. such credit or voucher is issued entirely at the discretion of tsoHost;
      2. such credit or voucher is non-refundable and cannot be exchanged for cash or used against the purchase of another voucher;
      3. tsoHost does not accept liability if the credit or voucher has been lost, stolen, destroyed or used without the Customer’s consent. tsoHost shall not replace any credit or voucher under these circumstances or any remaining balance on a credit or voucher;
      4. such credit or voucher must be used within 12 months of being issued failing which the credit or voucher will become void;
      5. the transfer, resale or reproduction of any credit or voucher is prohibited and will cause such credit or voucher to become void; and
      6. vouchers and credits may be used towards the purchase price of any tsoHost product or service with any balance or the purchase price being payable in addition.
      7. any credit on a Customer’s account shall be used by default to pay, or part-pay, any renewal fees for any Services ordered by a Customer.
    10. Continuous Payment Authorities (‘CPA’)
      1. The Customer permits tsoHost to store the Customer’s payment details to take regular payments with the same card until the Customer expressly requests that tsoHost do not store their card details. Customers accept that removing card details may result in their Services not renewing and potentially terminated in the event that a renewal payment is not made.
      2. tsoHost shall notify the Customer when the payment will be taken, whether the payment will be taken from the card on a monthly, yearly or two-yearly basis and the amount to be charged each time.
      3. If the Customer purchases the Services online, tsoHost shall display a purchase confirmation during the order process on the website and send a confirmation email to the Customer. If the Customer purchases a Service on the telephone, tsoHost shall confirm the purchase on the telephone and send a confirmation email to the Customer.
      4. tsoHost reserves the right to take the payment from the Customer’s stored card at any time other than the agreed date, if it has reason to believe that the payment is due and owing. tsoHost reserves the right to take a different amount than what was originally agreed, in circumstances where several invoices have built up over a period of time or additional fees have been added to the overall outstanding balance due to the Customer’s late payment.
      5. The Customer agrees that the CPA authorises tsoHost to make payment changes and any other changes where tsoHost believes it is necessary in accordance with the Agreement. tsoHost will endeavour to notify the Customer of any changes, before they take effect, in writing.
      6. tsoHost shall, in accordance with the CPA, provide the Customer with the Order Confirmation for any services purchased. The Customer accepts that tsoHost will send an automated email to the Customer each time a payment has been taken from the card. This will constitute both a summary and confirmation of the payment.
      7. Payments taken under the CPA will show on the Customer’s bank statement as being a payment to Paragon Internet Group Limited.
      8. The Customer can amend the details of the CPA at any time by contacting customer support using the method(s) stated on tsoHost’s website.
      9. The Customer acknowledges that the CPA will continue until the Customer expressly requests to change or cancel the payment method used for the Fees. The Customer may at its sole discretion, choose what method they use to pay the Fees. tsoHost will not charge the Customer a fee to cancel the CPA, however, the Customer may incur a fee if they fail to pay any Fees thereafter.
      10. The Customer acknowledges that the Services and the Customer’s account will not be cancelled if the CPA is cancelled. The Customer agrees to continue to pay for the Services in accordance with this Agreement.
      11. Further and in addition to clause 6.10.10 above tsoHost reserve the right to cancel the Customer’s CPA if tsoHost is no longer able to take payment from the stored card. In such circumstances the Customer may set up another CPA at the sole discretion of tsoHost.
  7. Confidential Information
    1. Each party shall (unless required by law to the contrary):
      1. keep confidential all information received from the other party under or in connection with this Agreement (‘the Confidential Information’);
      2. not disclose the any Confidential Information to any third party without the prior written consent of the disclosing party save where such disclosure is necessary for the performance of this Agreement; and
      3. not use any Confidential Information other than for the purpose of the Agreement.
    2. Clause 7.1 shall not apply to the extent that such Confidential Information which:
      1. is or becomes public knowledge otherwise than due to a breach of clause 7.1;
      2. was in possession of the receiving party without restriction prior to receiving it from the disclosing party; or
      3. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure.
    3. Nothing in this clause 7 shall prevent either party from disclosing any Confidential Information as required by law and/or to a public or regulatory body, for the purposes of law enforcement or in connection with legal proceedings in the UK.
    4. Either party shall be entitled to disclose the other party’s Confidential Information to its employees and subcontractors or professional advisors provided such disclosure is under conditions of confidentiality.
    5. tsoHost shall be entitled to share any Confidential Information with its Associated Companies either in the UK or based in another jurisdiction.
    6. The obligations under this clause 7 shall survive termination of the Agreement.
  8. Intellectual Property
    1. The Customer acknowledges and accepts that it will not own or acquire any Intellectual Property Rights in or relating to the Services or created in performing the Services and that it will have no rights in or to the Services other than the rights expressly granted in the Agreement.
    2. The Customer will indemnify and keep tsoHost indemnified from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, losses, damages, claims, demands, legal costs (on a full indemnity basis) and judgments which tsoHost incurs or suffers as a consequence of infringement of any Intellectual Property Right of any third party arising directly or indirectly from:
      1. the provision by tsoHost of Services making use of information or specifications supplied by the Client;
      2. the Client's failure to procure all necessary rights from third parties which are from time to time required in order for tsoHost to be able legally to provide the Services; or
      3. the use by tsoHost in connection with the Agreement of the Client System and the Client Materials.
  9. Liability
    1. The provisions of this clause 9 set out the entire liability of tsoHost (including any liability for the acts or omissions of its employees, consultants, agents and authorised representatives) to the Customer in relation to the Agreement.
    2. Nothing in the Agreement excludes or limits tsoHost’s liability for death or personal injury caused by the negligence of tsoHost, fraud or a breach of section 12 of the Sale of Goods Act 1979.
    3. Subject to clause 9.2 above, tsoHost will not be liable to the Customer, whether in contract, tort, misrepresentation or otherwise (including negligence) for any consequential or indirect losses, costs, expenses or otherwise including, but not limited to, loss of profits, loss of revenue, loss of goodwill, loss of business or loss of opportunity.
    4. Subject to clauses 9.2 and 9.3 above, tsoHost’s total liability to the Customer shall not exceed one and a quarter times the amount of the Fees paid by the Customer, in relation to the Services, to tsoHost in the 12 month period preceding the incident giving rise to the claim.
    5. The Customer accepts that the allocation or risk under the Agreement is a fair reflection of the nature of the Services and the level of the Fees charged for the Services.
  10. Customer Indemnity
    1. The Customer shall fully indemnify and hold tsoHost and its Associated Companies, employees, offices, agents and partners harmless from and against any action, demand, cost (on a full indemnity basis) losses, penalty, damage, liability claim or expense (including legal fees on an indemnity basis) whatsoever incurred by tsoHost and arising from:
      1. the Customer’s breach of the Agreement, negligence or other default;
      2. the operation or break down or any IT system owned or used by the Customer; or
      3. the Customer’s use of misuse of the Services.
  11. Protection of your data

    tsoHost offers certain hosted Services available to you that may involve the processing of personal data about you, your customers and/or web users (“Customer Data”) in the course of your use of these Services. Customer Data, for the purpose of this Section, excludes any User Content, Account information and usage data.

    tsoHost’s Controller to Processor Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the processing of Customer Data, including cross border transfers of Customer Data will meet compliance under applicable data protection laws.

    For the purposes of the Controller to Processor DPA and the standard contractual clauses attached to the DPA, as applicable, you are considered the data controller/data exporter, and your acceptance of the Terms of Service governing Services at the time of purchase of any Services will also be treated as your acknowledgement and acceptance of the Controller to Processor DPA (including the standard contractual clauses and its appendices, as applicable). If you wish to print, sign and return a physical copy of the Controller to Processor DPA, please send an email request to privacy@tsohost.com.
  12. Force Majeure
    1. Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of Paragon or the Customer, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control
  13. Term and Termination
    1. tsoHost shall provide the Services for the Initial Term unless terminated by either party invoking the termination rights under these General Terms and Conditions.
    2. Where the Customer is a Consumer, the Customer is entitled to terminate the Agreement within 14 days starting from the day after The Customer receives the Order Confirmation unless the Customer has agreed that tsoHost shall commence providing the Services within that 14 day period.
      1. The Customer is deemed to have expressly agreed that tsoHost will commence providing the Services within 14 days by clicking the ‘Complete Order’ button on the website.
      2. If the Customer is not prepared to waive these rights then tsoHost may be unable to commence provision of the Services until the 14 day cooling off period has expired.
      3. To effect termination the Customer must contact tsoHost’s customer support using the method(s) set out on its website.
    3. Without prejudice to any other termination rights set out elsewhere in these General Terms and Conditions, either party may terminate the Agreement, or the provision of any part of the Services, for convenience by serving 30 days written notice on the other party.
    4. Either party may terminate the Agreement immediately in the event that the other party:
      1. has committed any material breach of this Agreement which is incapable of remedy;
      2. has failed to remedy any remediable breach having been given 14 days written notice to do so;
      3. becomes the subject of an Insolvency Event; or
      4. ceases or threatens to cease trading.
    5. tsoHost may terminate the Agreement with immediate effect in the event that the Customer is rude, aggressive or violent towards any tsoHost employee or in any other circumstances where the Customer’s conduct is unacceptable to tsoHost.
    6. Termination of the Agreement and/or the provision of any Services, howsoever arising, shall be without prejudice to any sums owing by the Customer to tsoHost.
  14. Post Termination
    1. Termination of the Agreement is without to any rights or duties of either party accrued prior to termination.
    2. Clauses in the Agreement which are expressly or impliedly intended to continue in effect notwithstanding termination of the Agreement shall continue to bind the parties post termination.
    3. Upon termination of the Agreement, for whatever reason, tsoHost may, without further notice to the Customer, irretrievably delete the Customer’s data from its systems and any equipment.
    4. Upon termination of the Agreement, for whatever reason, the Customer shall:
      1. cease to use the Services and any Software;
      2. erase any Software from the Customer’s systems and confirm to tsoHost that it has done so;
      3. return any tsoHost equipment or any other tsoHost materials to tsoHost without delay; and
      4. make payment of any sums due to tsoHost for the provision of the Services and for any out of pocket or pro-rata expenses incurred by tsoHost including any registration or licencing fees.
    5. Termination by the Customer within the Initial Term shall only take effect once the Customer has settled on fees due and owing for the Initial Term.
  15. Severability
    1. The illegality, invalidity or unenforceability of any provision of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any court or competent authority to be illegal, invalid or unenforceable, the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.
  16. Waiver
    1. The failure or delay by either party in exercising any right, power or remedy of that party under the Agreement will not in any circumstance impair such right, power or remedy nor operate as a waiver of it. The single or partial exercise by either party of any right, power or remedy under the Agreement will not in any circumstance preclude any other or further exercise of it or the exercise of any other right, power or remedy.
    2. Any waiver by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any subsequent breach or default and in no way affects the other terms of the Agreement.
  17. Assignment and Subcontracting
    1. The Customer may not assign the benefit or delegate the burden of the Agreement nor sub-license any of its rights under the Agreement (including to its Associated Company) without the prior written consent of tsoHost. Any consent provided by tsoHost under this clause is given on condition that the assignee or licensee, as the case may be, agrees to comply with the terms of the Agreement as if they were the Customer and that the Customer guarantees the assignee’s or licensee’s performance as applicable. tsoHost may sub-contract or assign any or all of its rights and obligations under the Agreement
  18. Amendments
    1. No variation or amendment to the Agreement (including any Order Confirmation) is effective unless confirmed in writing by an authorised representative of tsoHost.
  19. Notices
    1. Any notice to be given or made by either party under or in connection with the Agreement must be in writing and given or made to the other party at its address stated in the Order Confirmation or to such other address as either party may from time to time notify to the other. Every notice, if so addressed, is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant party, if sent by prepaid first class post, two business days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by prepaid first class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a business day or after 4.00 p.m. on a business day, such notice shall be deemed to be given or made at 9.00 a.m. on the next business day. tsoHost may additionally serve notice on the Customer under or in connection with the Agreement by email to the Customer at the contact email address registered by the Customer, and in such a case the email will be deemed received once transmitted from tsoHost’s email server.
  20. Law and Jurisdiction
    1. The Agreement shall be construed in accordance with and governed by English Law.
    2. The English and Welsh courts shall have exclusive jurisdiction over any disputes arising out of or related to the Agreement.
    Paragon Internet Group Limited, registered number 07573953, registered address 5th Floor, The Shipping Building, Old Vinyl Factory, 252-254 Blyth Road, Hayes, UB3 1HA.

    Part 2 – European Union Digital Services Act ("DSA") Supplemental Terms of Service

    This Part 2 applies as from February 17, 2024, which is the date of entry into effect of the EU Digital Services Act.
  21. This Part 2 sets out provisions, processes and disclosures that supplement the rest of this Agreement, as required under the DSA, which regulates the provision of certain digital intermediary services provided in the EU and notably sets out rules on the role of providers and imposes content moderation requirements and transparency obligations. These provisions only apply to you if you are in the EU and / or if you are using the Website or DSA Services. In the event of any conflict between the terms set out in this Part 2 and the other provisions of the Agreement, the terms of Part 2 shall prevail.
  22. Rules of conduct. Users are prohibited from providing, publishing or transmitting content which is incompatible or violates this Agreement (including without limitation clause 5 of the General Terms and Conditions and the Acceptable Use Policy) or any applicable laws in the EU or in any EU country ("Unauthorized Content").
  23. Content moderation overview. TsoHost may voluntarily take action against any Unauthorized Content in accordance with the Agreement (including without limitation clauses 3 and 5.8 of the General Terms and Conditions, and the Acceptable Use Policy). In addition, tsoHost may receive notices through the Notice and Action Mechanism (described below) and orders from EU authorities reporting the presence of alleged illegal content on (or transmitted through) this Website or any DSA Service (including without limitation any website hosted by tsoHost). TsoHost will process these orders and notices, and take action based on the information provided. These actions may entail the restrictions mentioned in clause 25 below, or any other restrictions required by the relevant authority.
  24. Notifying alleged illegal content – Notice and Action Mechanism. You may report to tsoHost the presence, on this Website or on any DSA Service, of content that you consider to be illegal in the EU or any EU country through the mechanism accessible here:
    https://supportcenter.secureserver.net/abusereport/dsa (the “Notice and Action Mechanism”). Depending on the nature of the DSA Service concerned by the notice, the way tsoHost processes and addresses such notice may differ.
  25. Restrictions. TsoHost may, at any time and in some cases, without prior notice, remove any Unauthorized Content provided on (or through) this Website or any DSA Service or suspend or terminate access to a whole DSA Service (e.g., disabling a website hosted by tsoHost). In addition, with respect to “repeat offenders”, namely users frequently providing manifestly Unauthorized Content, tsoHost may suspend or terminate their access to this Website or to the DSA Services. TsoHost will generally issue a prior warning before any suspension, other than in exceptional cases or where tsoHost is otherwise legally required to take immediate action. When deciding on and applying such restrictions, tsoHost will act in a timely, diligent, non-arbitrary, objective and proportionate manner.
  26. Unfounded Notices. If any user frequently provides manifestly unfounded notices through the Notice and Action Mechanism, tsoHost may suspend the processing of its notices. TsoHost will generally issue a prior warning before any suspension, save for exceptional cases (as determined by tsoHost in its reasonable discretion) or where tsoHost is legally required to take immediate action.
  27. Measures and tools for review. Notices and orders are generally subject to human review. TsoHost may also use a machine learning model that helps process certain claims and detect phishing on websites hosted by tsoHost. Actions taken in response to notices and/or orders which relate to the provision of content by users of the DSA Service or visitors of the Website, if any, are generally subject to human review.
  28. Right to terminate the use of the DSA Services. You have the right to terminate the use of the DSA Services in accordance with clauses 6.10.1 and 13.4 of the General Terms and Conditions.
  29. Content Moderation Decisions.

    (A) This clause 29 may apply to you if:

    (i) Your issue relates to the use of one of tsoHost's online platforms in the EU (meaning for instance a DSA Service involving the sale and purchase of aftermarket domain names); and (ii) Your issue concerns: (y) a decision taken by tsoHost further to a notice you submitted to tsoHost regarding the presence of information considered to be illegal content on one of tsoHost's EU online platforms; and/or (z) a decision taken by tsoHost to remove (or to not remove) content or to suspend, restrict or terminate (or to not suspend, restrict or terminate) access to one of tsoHost's EU online platforms on the ground that you or any user of the service provided Unauthorized Content, (a “Content Moderation Decision”).

    (B) If you disagree with a Content Moderation Decision, you may lodge a complaint against it with tsoHost. The complaint must be lodged within six (6) months from the date on which you are informed of the Content Moderation Decision. To lodge your complaint, you will need to respond to the email informing you of the Content Moderation Decision and provide any additional context or information for tsoHost to reassess the Content Moderation Decision. TsoHost will review your complaint and respond through its internal complaint-handling system (the “Internal Complaint-Handling System”).

    If a user frequently provides manifestly unfounded complaints through the Internal Complaint-Handling System, tsoHost may suspend the processing of its complaints, after a prior warning.

    (C) If you disagree with a Content Moderation Decision and/or the outcome of the Internal Complaint-Handling System, you may also engage with any out-of-court dispute settlement body certified by the relevant EU authority. For your information, decisions taken by these bodies are not binding. Also, tsoHost may refuse to engage in such a procedure if the issue has already been resolved concerning the same content and the same grounds. The list of these certified bodies (if any) is expected to be published by the EU Commission shortly. We will update the terms of this Agreement once the relevant information becomes available.

    (D) In any case, you may also initiate judicial proceedings before a competent court, according to the applicable law, at any stage.
  30. For the purposes of clauses 26 and 29, “frequently” means the submission of 2 or more unfounded notices or complaints (as relevant) over a period of 12 months. For the purposes of clauses 25, 26 and 29, when determining whether a specific behavior requires such a suspension or termination and the duration of the suspension or termination, tsoHost takes into account the relevant facts and circumstances, which may include such things as the volume of manifestly unfounded notices or complaints submitted within the period referred to above, the seriousness and/or the impact of the behavior. A notice may for instance be considered as manifestly unfounded if it is evident that it does not relate to alleged illegal content and instead refers solely to personal and/or subjective considerations. Specifically, as regards the provision of illegal content, these criteria also include the volume of illegal content provided, the extent of its impact and/or the gravity of the behavior (e.g., as regards the nature of the content concerned and its consequences) and the frequency of the behavior.
  31. Search Engine: Recommender Systems Disclosure.

    Our Website and certain of our DSA Services include a search engine that enables you to search for domain name registrations based on your query, account search history, and location. The search engine generates a list of results based on generic matching between the keywords or character sequences searched and the domain names available for purchase. If the exact domain name you searched for is unavailable, the search engine will display results for domain names that match your keywords and characters, potentially including alternative top-level domain names, which may take into account your location. For example, if you are located in Germany, the search engine may prioritize ".de" top-level domain names in order to present you more tailored results. Additionally, the search may feature partnerships labeled “Promoted” in the search results.

    The keywords or sequences of characters that you searched are the most significant parameters used to determine the results, whereas search history and location are secondary parameters used to further refine the list of results. As currently designed, the search engine does not allow you to change these parameters.
  32. DSA Point of Contact.

    If you have any questions or queries about this Part 2 or any other DSA-related matters, you can contact us by email at the following address: dsainquiries@secureserver.net

Click here to view our terms and conditions prior to April 30th 2018.