Acceptable Usage Policy
Ordering our services and accessing your account is deemed acceptance of these Terms & Conditions.
Please note that Blacknight Internet Solutions Ltd. may terminate your account without notice for any breach of these Terms.
By agreeing to our terms and conditions you are also agreeing to those set out in both our registration agreement and those of the respective domain name registries for any domain names you wish to register, or transfer to Blacknight.
For terms and conditions related to domain registration on our accreditation please see Registrar-Registrant Agreement.
For domains registered via eNom please see Domain Registration Terms of Service.
All amounts paid to Blacknight for domain name purchases are non-refundable.
Domain Orders paid by Cheque or Bank Transfer will NOT be processed or Registered until payment is received.
Please note that this can result in your chosen domain being registered by someone else while we await your payment. Your domain is not registered until you receive confirmation of registration.
- You will be responsible for the content of your pages, including obtaining the legal permission for any and all works which they include, and also ensuring that the contents of these pages does not violate Irish, European or International law. Blacknight shall not be responsible for any illegal or infringing material posted in served websites. Further to this, where a third party confirms illegal activity on a customers served site, Blacknight may at its sole discretion, contact the customer immediately, and begin an investigation into same. Any and all services may be suspended while this investigation takes place. Blacknight will make all efforts to conduct any investigation without delay, and will not be responsible or liable for any loss, damage, whether general or consequential caused by same. Where Blacknight considers material on the site as illegal, defamatory or abusive they shall, at their sole discretion terminate services. Where services are terminated on these grounds, the contract between the parties will be considered to be at an end.
- It is company policy not to allow any ‘hate sites’, or websites which incite hatred, prejudice or discrimination. Where a hosted website is found to be inciting hatred, or engaging in connected discriminatory activates, the offending website will be terminated without any further notice to the customer. Please note that where your service has been terminated, all information, data, etc stored on Blacknight’s servers will be deleted.
- Your domain remains at all times your property as the registrant and can be transferred away from Blacknight Internet Solutions Ltd. at any time at your sole discretion.
- You may not store more data in your account than your allotted server space. Should your storage approach 95% we will endeavour to e-mail a warning and you will have the option to upgrade.
- Your server (inc FTP and Shell access) is for your personal use only. You must not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people. If this is compromised you must take your own appropriate action.
- Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your virtual server or shared hosting account. Blacknight Internet Solutions Ltd. accept no responsibility for any loss of data, however incurred.
- It is the Users sole responsibility to keep all files, date, passwords, etc, secure at all times. Further to this, any security applications, or security details of the user, must be kept at the users own risk, and kept up to date, so that protection is afforded for both the User and the Company. The Company will not be held responsible for damage, loss or injury caused, due to insufficient or out of date security measures held by the User.
- You may not run server processes (e.g.. talkers/IRC Bots) from your virtual server.
- Blacknight Internet Solutions Ltd reserve the right to remove any cgi or similar server-side program that interferes in any way with the normal running of a server.
- Known dangerous scripts, such as Matt's formmail are not allowed.
- We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services howsoever caused.
- When your account is closed, all files (including web pages, etc.) will be deleted.
- We reserve the right to cancel your account at any time without notice.
- We reserve the right to amend and update these Terms and Conditions at any time without notice.
- To protect your privacy, we will not distribute your name, email address, domain name, unless required to do so under law, or where same is required in relation to the successful provision of services. The list of information which may be provided under this condition is not exhaustive.
- Users must not participate in any form of un-solicited bulk e-mailing or Spam, or any form of illegal web site. Failure to observe this condition will result in immediate disconnection of service (see below).
Credit / Payment
- Credit Terms are not provided.
- The customer is responsible for all charges on the service account until a cancellation request is received. Cancellation requests should be made in writing or via email to firstname.lastname@example.org
- If your account/service is activated before payment is made then payment must be sent in full by return.
- If payment is not made in full within 14 days all technical support for the site may be revoked at the company's discretion. If payment is still not made in the following 7 day period your account will be deleted from our servers and all DNS services will stop.
- If your account is cancelled and is later re-activated, an administration fee of €50 is levied on your account.
- A renewal invoice or order will be sent to the administrative email address, prior to expiration of the domain or service.
- If paying monthly, you will receive a monthly statement
- Re Companies: Any orders received from company/s shall be deemed to be made by an authorised agent.
- If your payment was made with a Credit or Debit Card your card is automatically configured as your Default Payment
Method (i.e. automatically debited on any future Sales Orders or Renewal Orders generated on your account). If you wish to remove your Credit Card or Laser Card as your Default Payment Method and make future payments manually, you can do this in your Control Panel under Billing > My Financial Info > Payment Methods > ensure the "Default Payment Method" option is unchecked beside your Credit or Debit Card. Alternatively, you can contact our Accounts Department.
- The internet suffers many problems in relation to security. There are rampant problems in relation to phishing, identity fraud, etc. As Blacknight Internet Solutions runs all its service online, security is treated as a high priority. We have adopted stringent security procedures to protect you and all customers of Blacknight. At any stage up to the final purchase of any service from us, we may request further information from you, to ensure that all personal details provided at the initial stages are correct. These procedures are in place to protect both the Service Provider and the Customer in relation to fraud, misrepresentation and any attempted illegal activity.
- Returned payments, either via credit card, direct debit or cheque, will incur an administration charge. Failure to pay these fees within 30 days of the date of issue will mean your entire account will be put on hold and a collections agency will be handed over your details.
Fees as follows:
Returned Cheque: 10 euro
Returned Direct Debit: 10 euro
Charged back credit/debit card: 40 euro
- All subscriptions are automatically set for renewal. Discounts are given for 1 year, 2 year and 3 year hosting terms. A cancellation fee will apply if you cancel the service before the term is up. Additionally no credits will be given after early termination. This does not affect your statutory rights.
- Cancellation Fees are as follows on Shared Hosting Plans
Minimus, 12 months (Payment Term): 10 euro cancellation fee.
Minimus, 36 months (Payment Term): 30 euro cancellation fee.
Medius: 12 months (Payment Term): 20 euro cancellation fee.
Medius: 36 months (Payment Term): 60 euro cancellation fee.
Maximus: 12 months (Payment Term): 30 euro cancellation fee.
Maximus: 36 months (Payment Term): 90 euro cancellation fee.
- The Customer understands and HEREBY AGREES that unless otherwise provided all fees applicable to the Domain Name Service are non-refundable. The Customer having the legal status of consumer pursuant to the European Directive on Distance Selling (Directive 97/7/EC) or the EC (Protection of Consumers in respect of Contracts made by means of a Distance Communication) Regulations 2001 as amended are expressly informed and HEREBY AGREE that the Domain Name as a customised good, pursuant to Section 6.4.c of European Directive on Distance Selling (Directive 97/7/EC) and the EC (Protection of Consumers in respect of Contracts made by means of a Distance Communication) Regulations 2001, the Domain Name Service is not subject to the statutory right of withdrawal as provided for under the European Directive on Distance Selling (Directive 97/7/EC) or the EC (Protection of Consumers in respect of Contracts made by means of a Distance Communication) Regulations 2001 as amended.
Bandwidth / Resource Usage
- If your resource usage reaches the points where it has an adverse affect on other clients we reserve the right to disable your site until you can reduce your bandwidth / resource usage.
- Each server includes a nominated amount of bandwidth and other resources, if you use more than this amount then you agree to pay for this bandwidth / resource at the rates listed on Blacknight Solutions' site.
- Commercial use of web and ftp space is permitted.
- You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate Irish or European law and the company shall not take responsibility for same.
- You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).
- We reserve the right to remove material deemed inappropriate from your web pages, without prior notice.
- Where a Domain has been registered incorrectly, invalidly or fraudulently, or where a domain is not pointed to a configured website, Blacknight may 'Park the Domain' on its servers. The parked domain may be used for revenue generating advertising. Any and all advertising placed on the Parked Domain is automated and placed by the advertising partner. Blacknight has no control over same, and will not be held liable for any loss or damage associated with same. Where a Purchaser corrects the domain reconfigurations, and notifies this to Blacknight, any and all advertising on the Domain will be removed immediately.
Email Abuse - Spam / UCE
- Email Abuse and Email Misuse is a serious problem, and Blacknight Internet Solutions Ltd. will not tolerate it.
- Definition of UCE (Unsolicited Commercial Email), or SPAM:
- The bulk UCE, bulk promotional material, or other forms of solicitation sent via Email that advertise any IP address belonging to Blacknight Internet Solutions Ltd. or any URL (domain) that is hosted by Blacknight Internet Solutions Ltd.
- Unsolicited postings to newsgroups advertising any IP or URL hosted by Blacknight Internet Solutions Ltd.
- The use of web pages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by Blacknight Internet Solutions Ltd.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
- For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) website.
- Repercussions of SPAM:
- Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.
- Repercussions to Blacknight Internet Solutions Ltd.:
- SPAM is not only harmful because of its negative impact on consumer attitudes toward Blacknight Internet Solutions Ltd., but also because it can overload the Blacknight Internet Solutions Ltd. network and resources, especially on our shared (virtual) server environments.
- Repercussions to our Providers:
- Since it is unsolicited, users who receive SPAM often become angry and send complaints to our upstream providers. This upsets our providers who abhor SPAM for the same reasons that Blacknight Internet Solutions Ltd does - it causes negative consumer attitudes and drains resources. We strive to maintain favourable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.
- Punishment for SPAM:
- Blacknight Internet Solutions Ltd. reserves the right to terminate, without warning, any account that violates this policy.
- Usage of Blacknight Internet Solutions Ltd. services constitutes acceptance and understanding of this policy.
- Blacknight Internet Solutions Ltd. may, at its option, charge € 30.00 per SPAM complaint we receive for both Dedicated and Virtual Server customers. Resellers will be charged for resold accounts, receiving SPAM complaints.
- Reseller may choose to pass this charge down to their client. These are non-refundable charges and will be invoiced at the time of complaint notification.
- Blacknight Internet Solutions Ltd. reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk Email", and to determine from all of the evidence whether or not the Email recipients were from an "opt-in Email" list.
- Should you choose to Email from Blacknight Internet Solutions Ltd. servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing Email abuse.
- Basic Mailing List Management Principles for Preventing Abuse
- Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.
- Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to Email. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.
- The Email addresses of new subscribers must be confirmed or verified before mailings commence.
- This is usually accomplished by means of an Email message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
- Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
- Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via Email or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
- Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
- Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of Email addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
- Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
- Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.
ONLINE PHARMACY POLICY
An "Online Pharmacy" means a website that sells or facilitates the sale of drugs (e.g., prescription medicines).
"Applicable Laws" means the laws and regulations of a) the jurisdiction where the online pharmacy dispenses drugs from and b) the jurisdiction where the online pharmacy offers to dispense or ship drugs to, and the Irish jurisdiction.
“Notices” means any and all notices as provided by LegitScript.
b. Abuse Policy.
Domain names registered with Blacknight Internet Solutions Limited may not be used to facilitate the sale of drugs in violation of Applicable Laws. This expressly includes, but is not limited to, the sale of prescription drugs without a prescription based on a prior in-person examination, except where such is expressly permitted by Applicable Laws, or the selling of unapproved drugs (e.g., falsified medicines, counterfeit drugs, or drugs unapproved for sale). Where Blacknight Internet Solutions Limited is of the reasonable opinion, or receives notice from LegitScript that a domain is violating the applicable laws, then the domain will be suspended pending full investigation.
c. Domain Name Suspension.
Blacknight Internet Solutions Limited may SUSPEND and PERMANENTLY lock online pharmacy domains that appear in breach of our ONLINE PHARMACY POLICY without prior notice to you. Suspended online pharmacy domain names will remain locked and CANNOT be transferred away to another Registrar until and unless Blacknight Internet Solutions investigations are completed to their satisfaction and they are of the reasonable opinion that there is no breach, or where LegitScript notifies Blacknight Internet Solutions that the domain name is no longer classified as operating in violation of this section.
d. Sole Responsibility.
It is your sole responsibility to be familiar with, and ensure that your website complies with Applicable Laws. You agree that marketing prescription drugs to a jurisdiction despite not being appropriately licensed to dispense prescription drugs there, or selling drugs online in a way that does not comply with Applicable Laws, constitutes fraud and is a violation of this agreement.
You hereby agree to indemnify and hold us harmless from any and all loss occasioned by you as a result of us suspending your domain name. You also agree to indemnify and hold us harmless from any complaints or claims made against you by third parties and any loss that occurs due to any third party claims. Further, you hereby agree to indemnify and hold us harmless if LegitScript designates a domain name you have registered as operating in violation of this section.
WHOIS Privacy Service Terms
TERMINATION OF SERVICE AND DISCLOSURE OF INFORMATION
This Agreement can be terminated by the Service Provider at any stage and for any reason which we deem appropriate with or without prior notice to the Customer.
Where this Agreement is Terminated prior to the expiration of its term, then all Whois information held by the Service Provider in connection with the services provided will be made public on the Whois Database.
Reasons for termination include, but are not limited to the following:
- Non Payment of requested Fees within the specified period,
- Breach of the Registrant Agreement,
- Threat of legal action, to include any demand letter, summons, Court Orders or injunctive relief.
- Request from an Garda Siochana, or any recognised national law enforcement Agency ,
- Full Confirmation of Breach, violation or infringement of Trademark of the Registrar or any other third party.
- Spamming, Transmission of unsolicited mail, Abuse of the Services or Technology
- In the Service Providers reasonable opinion any illegal or deceptive practices
- If necessary to comply with any applicable Irish or European laws, rules and Regulations,
- The Customer ceases or threatens to cease payment of its undisputed debts or ceases or threatens to cease to carry on its business;
- One of the Party’s is unable to pay its debts as and when they fall due within the meaning of Section 214 of the Companies Act 1963; or, an order is made or a petition is presented or an effective resolution is passed for the winding-up of one of the Party’s otherwise than for the purpose of amalgamation or reconstruction
- To comply with ICANN's Uniform Dispute Resolution Policy and all associated policies;
Where this Agreement is terminated by the Service Provider, all information held by Service Provider, can and will be released to concerned third parties without any further notice to the Customer. The Service Provider will have no liability for release of any information provided by the Customer, and the Customer hereby Indemnifies the Service Provider against any liability, damage, or breach of Law through release of this information.
The Service Provider can terminate this Agreement without cause having given the Customer at least 5 working days notice delivered via email to the Customers contract address as provided in this Agreement
All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination
If you have any queries about this document do not hesitate to contact us.
Glossary of Terms
- Warez: Widely used in cracker subcultures to denote cracked versions of commercial software, that is versions from which copy-protection has been stripped
- IRC Bots: An automated program that operates on IRC.
- IRC: A client-server chat system of large (often worldwide) networks
- Shell Hosting: A hosting account used primarily for either shell commands or to run shell processes, such as IRC bouncers etc.
- Bouncer (bnc): a bnc is short for 'bouncer'. A bnc acts as a proxy to IRC, allowing you to hide your real IP address and use a vhost (vanity host - something like 'this.is.high.quality.web.hosting.in.ireland.com').
- Cgi: A standard for running external programs from a World-Wide Web HTTP server. CGI specifies how to pass arguments to the executing program as part of the HTTP request. It also defines a set of environment variables. Commonly, the program will generate some HTML which will be passed back to the browser but it can also request URL redirection
- Shell: The command interpreter used to pass commands to an operating system; so called because it is the part of the operating system that interfaces with the outside world. The commonest Unix shells are the c shell (csh) and the Bourne shell (sh).
- FTP: A communications protocol governing the transfer of files from one computer to another over a network
- DNS: A general-purpose distributed, replicated, data query service chiefly used on Internet for translating hostnames into Internet addresses. Also, the style of hostname used on the Internet, though such a name is properly called a fully qualified domain name. DNS can be configured to use a sequence of name servers, based on the domains in the name being looked for, until a match is found
- bash_history - .bash_logout - .bash_profile - .bashrc..: A number of files related to a shell account. These include configuration directives and logging of user actions.