Distinctive Domains Service Agreement

Acknowledgement and acceptance of Distinctive Domains Service Agreement. Distinctive Domains Limited ("Distinctive Domains") shall provide email products and services ("the Distinctive Domains service") to you ("Registrant") under the Terms and Conditions of this Distinctive Domains service agreement ("the agreement"). Registrant understands and acknowledges that Registrant is entering into an agreement with Distinctive Domains and not the web site with whom Distinctive Domains has associated to bring you this service. By completing the registration process and by clicking on the "accept" button when ordering an email address you are agreeing to become a party to this agreement with Distinctive Domains and to the Terms and Conditions herein, and acknowledge that you have read and understand any applicable associate statement accessible from the log-in page of this email site. Registrants under 16 may sign up for the Distinctive Domains service only with the consent of their parent or guardian.

ACCEPTABLE USE POLICY: The following policy governs the use of the Distinctive Domains service by Registrant. Registrant will comply with the terms and spirit of the agreement

1. Registrant shall not use the Distinctive Domains service for spamming. Spamming includes, but is not limited to:
   • the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients,
   • the sending of junk mail,
   • the use of distribution lists that include people who have not given specific permission to be included in such distribution process,
   • posting commercial ads to usenet newsgroups that do not permit it,
   • posting articles containing binary encoded data to non-binary newsgroups,
   • excessive and repeated posting of messages to newsgroups,
   • excessive and repeated cross-posting,
   • email harassment of another Internet Registrant or Registrants, including but not limited to, transmitting any threatening, libellous or obscene material, or material of any nature which could be deemed to be offensive, and
   • the emailing of age-inappropriate communications or content to anyone under the age of 18. Distinctive Domains has in place a spam monitoring and control system to reduce spam sent to and from Registrants. Distinctive Domains shall make reasonable attempts to respond to complaints made by Registrant regarding the receipt of spam or other harassing email or, in the case of a Registrant under the age of 18, complaints from such Registrant or from such Registrant's parent or guardian regarding the receipt of spam, other harassing email, or email containing any age-inappropriate communications or content. Registrant shall not use the Distinctive Domains Service in a manner which violates any city, region, county, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. Registrant shall not attempt to interfere in any way with Distinctive Domains networks or network security, or attempt to use the Distinctive Domains Service to gain unauthorised access to any other computer system.
2. Registrant shall at all times provide Distinctive Domains with accurate information. Registrant shall immediately notify Distinctive Domains of any security breach in or unauthorised use of Registrant's account. Registrant shall not interfere in any way with another Registrant's use of, or Distinctive Domains' provision of, the Distinctive Domains Service. Registrant shall not resell, rent, lease, grant a security interest in, or make commercial use of the Distinctive Domains services without the express written consent of Distinctive Domains.
3. Registrant agrees to use Distinctive Domains email addresses, containing the names of colleges, universities, celebrities, entertainment properties, businesses, or teams for personal use only and not for any commercial purpose.

INDEMNIFICATION: Registrant agrees to indemnify and hold Distinctive Domains and its licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees ("Affiliated Parties"), harmless from any claim or demand, including any attorneys' fees, made by any third party due to or arising out of Registrant's use of the Distinctive Domains Service, the violation of the Agreement by Registrant, or the infringement by Registrant, or other Registrant of the Distinctive Domains Service using Registrant's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, unauthorised, obscene, harassing or offensive material contained in any Registrant communications.

LEASING: On payment of the non-returnable fee, Registrant is leasing the use of a unique prefix to a wholly-owned domain of Distinctive Domains for twelve months. At the end of the twelve-month period, Registrant has no right, claim or privilege of the use of the prefix unless Registrant pays, within 10 days of the start of the next twelve month period, the Annual Fee. Distinctive Domains Limited reserves the right to amend the Annual Fee at the start of each year of Registration.

CHANGE OF INTERNET SERVICE PROVIDER (ISP): ): Registrant agrees to inform Distinctive Domains of any change of Registrant's email address. Registrant agrees to give 14 days notice of change of email address.

PRIVACY STATEMENT: The following discloses Distinctive Domains' information gathering and dissemination practices.

CONTENTS OF REGISTRANT EMAIL COMMUNICATIONS: Distinctive Domains will not monitor the contents of Registrant email communications unless

1. required to do so by law; or
2. in the good faith belief that such action is necessary to protect and defend Distinctive Domains' rights or property; or
3. when necessary to protect the personal safety of Registrants or the public. Distinctive Domains will not disclose the contents of Registrant email communications to any party unless required to do so by law

The registration form for the Distinctive Domains Service requires certain information (like a Registrant's email address) ("Registration Information") and specific Registrant's information (for credit card acceptance) ("Registration Information").

PRACTICES: Distinctive Domains provides Registration Information to the party(ies) with which Distinctive Domains has partnered to provide the Distinctive Domains Service. Distinctive Domains uses Registration Information to contact Registrants if necessary regarding Registrant accounts or other Registrant service issues; to send Registrants Distinctive Domains newsletters containing information on Distinctive Domains' developments, new features, and member benefits.

CHILDREN UNDER 16: Children under 16 ("Child" or "Children") may sign up for the Distinctive Domains Service only with the consent of their parent or guardian. Registration Information for Children under 16 is not disclosed to third parties in connection with promotional programs, even if Children under 16 authorise such disclosure.

ACCESSING AND MODIFYING REGISTRANT REGISTRATION INFORMATION: Registrants can request and/or make changes to all their Registration Information by sending an email to Admin@DistinctiveDomains.co.uk or by calling Distinctive Domains Customer Support at +44 (0) 1358 729360.

MORE INFORMATION: Questions or comments about this Privacy Policy, the practices of Distinctive Domains, or the Distinctive Domains Service, should be directed to:

Distinctive Domains Limited
3 Ythan Terrace
Ellon
Aberdeenshire AB41 9LJ
UNITED KINGDOM
Email: privacy@DistinctiveDomains.co.uk

NOTICE:Any notice required under the Agreement shall be given as follows: Notice from Registrant to Distinctive Domains shall be in writing and shall be made either via email or certified mail; Notice from Distinctive Domains to Registrant shall be in writing and shall be made either via email or certified mail.

DISCLAIMER OF WARRANTY:Distinctive Domains expressly disclaims any warranty for the Distinctive Domains service.

The Distinctive Domains service is provided on an "as is" basis, without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk as to the performance of, or arising out of the use of the Distinctive Domains service is borne by Registrant.

Distinctive Domains makes no warranty regarding any goods, information or services purchased or obtained through the use of the Distinctive Domains service. This disclaimer of warranty constitutes an essential part of the agreement.

Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to Registrant and Registrant may have other legal rights that vary by jurisdiction.

LIMITATION OF LIABILITY: Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Distinctive Domains or its licensors or resellers be liable to Registrant or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages resulting from the use of or the inability to use the Distinctive Domains service, the performance of Distinctive Domains service, or damages for loss of goodwill, business profit, business stoppage, loss of data or business information, computer damage, or damages resulting from re-sellers access to or changes made to Registrant's transmissions or data, or any and all other commercial damages or losses. In no event will Distinctive Domains be liable for any damages in excess of what Distinctive Domains received from Registrant for the Distinctive Domains service.

MODIFICATION: Distinctive Domains reserves the right to modify the Distinctive Domains Service as described in the Agreement and on the site, and to change the Terms and Conditions of the Agreement. Distinctive Domains will post the new Agreement and updated descriptions of the Distinctive Domains Service on the site. Continued use of the Distinctive Domains Service after such postings shall be deemed an acceptance by the Registrant to be bound by the terms of the modified Agreement. Registrants not wishing to be bound by the modified Agreement or Distinctive Domains Service may terminate the Distinctive Domains Service pursuant to the Termination section below.

TERMINATION: Distinctive Domains Services may be terminated in whole or in part, effective immediately, by either Distinctive Domains or Registrant at any time upon written notice to the other party. Upon termination, Registrant's right to use the Distinctive Domains Service immediately ceases, and Distinctive Domains is not obligated to forward any unread or unsent messages to Registrant or any third party. Distinctive Domains shall not be liable to Registrant or any third party for termination of the Distinctive Domains Service.

In the case of a terminated paid Distinctive Domains Service ("Premium Service"), upon written request to Distinctive Domains, Registrant shall receive at Distinctive Domains' option, either:

1. reimbursement of the pro-rata portion of the amount paid for the period remaining on Registrant's account for the terminated Premium Service; or
2. credit for another Premium Service equivalent to the pro-rata portion of the amount paid for the period remaining on Registrant's account for the terminated Premium Service.

Distinctive Domains reserves the right to terminate Registrant's email address in the event that Distinctive Domains' rights to use certain domain names or email addresses terminate or expire, in which case Registrant shall receive a replacement Distinctive Domains email address. In addition, Distinctive Domains retains the right, at Distinctive Domains' sole discretion, to terminate any and all parts of the Distinctive Domains Service provided to Registrant, without refunding Registrant for any annual fees paid but not yet accrued, if it determines that Registrant has failed to comply with any of the terms of the Acceptable Use Policy.

If Distinctive Domains determines that Registrant has failed to comply with any of the terms in Section (A) above, of the Acceptable Use Policy, Distinctive Domains shall when appropriate,

1. facilitate criminal prosecution against such Registrant by referring Registrant's spamming activity to the appropriate legal authorities, and
2. bring a civil action against such Registrant, who shall be liable to Distinctive Domains for any direct, indirect, special, incidental, or consequential damages incurred by Distinctive Domains as a result of Registrant's spamming or other prohibited activity.

ACTION LIMIT: Registrant and Distinctive Domains agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

NO WAIVER: No waiver on the part of Distinctive Domains to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision.

DISTINCTIVE DOMAINS SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and inure to the benefit of any Distinctive Domains successor companies or assigns.

HEADINGS: The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.

ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.

GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of Scotland applicable to agreements executed and performed wholly within Scotland.

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