General Terms and Conditions
By signing up for and/or otherwise accessing any of the email services or products offered by DotScot Domains you agree to be bound by the terms and conditions of this Agreement. Please ensure you read these terms and conditions carefully as they describe your legal rights and obligations. If you do not agree to these terms and conditions do not use the DotScot Domains services.
This Agreement shall become effective at the time and date of your activation or use of your account or when you first access the DotScot Domains Email System.
Either you or DotScot Domains (each a “Party”, together the “Parties”) may terminate this agreement at any time, after which any and all emails or data associated with your account may be deleted and any and all outstanding fees shall become due and payable.
1.1. “Applicable Laws” shall mean the laws, statutes and regulations then in effect in Scotland as well as the laws of Your country of residence or the country in which You use or access the DotScot Domains Services and the laws of any provinces, states or dependencies thereof. This definition includes (a) European Union or Member State laws with respect to any Personal Data in respect of which any entity is subject to EU Data Protection Laws; and (b) any other applicable law with respect to any Personal Data in respect of which any entity is subject to any other Data Protection Laws.
1.2. “Commission“, “Data Controller“, “Data Subject“, “Member State“, “Personal Data“, “Personal Data Breach“, “Data Processor” and “Supervisory Authority” shall have the same meaning as in the GDPR and their cognate terms shall be construed accordingly.
1.3. “Content” shall mean downloadable files that are interpreted by an email client or other application for display, with or without additional software or plug-ins.
1.4. “Fee” shall mean monies You are obligated to pay to DotScot Domains for the right to use the DotScot Domains Services, subject to the terms and conditions of this Agreement and of the particular DotScot Domains Services for which You have registered, as outlined in the schedule of fees as amended from time to time. Please note that Fees are subject to change with prior notice of 30 days .
1.5. “DotScot Domains “, “Us“, “We“, “Our” and their grammatical variants shall collectively refer to DOTSCOT DOMAINS, a not for profit company registered in Scotland with Company Registration Number SC480161 and having its registered office at Suite 3-2, 106 Hope Street, Glasgow G2 6PH, Scotland.
1.6. “DotScot Domains Equipment” shall mean telecommunications devices and computer equipment, Internet access and/or transmission rights owned, operated and/or maintained by DotScot Domains and/or DotScot Domains’ affiliates, agents, or assigns which function to provide the DotScot Domains Services.
1.7. “DotScot Domains Services” shall mean the products and services provided by DotScot Domains at any given time, including but not limited to email, calendar, address book and any associated support services, which DotScot Domains may change, amend, cancel and/or otherwise alter at any time at DotScot Domains’ sole discretion.
1.8. “DotScot Domains Software” shall mean any software provided by DotScot Domains at any given time, whether downloaded to Your computer or utilised online as part of the DotScot Domains Services. The DotScot Domains Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.
1.9. “GDPR” means the EU General Data Protection Regulation 2016/679
1.10. “Intellectual Property” means Financial Information, Technical Information, Market Information or any other intellectual property of a similar nature.
1.11. “Intellectual Property Rights” or “IPR” means any and all intellectual property or industrial rights of any description anywhere in the world including without limitation to the foregoing generality any patents, trademarks, domain names, registered designs, copyright (including without limitation to the foregoing generality rights in computer software, object and source code), rights in the nature of copyright, database rights, semi-conductor topography rights, unregistered design rights, rights in and to trade names, business names, domain names, product names and logos, trade secrets, and any analogous or similar right in any jurisdiction (whether any such rights referred to in this definition are registered, unregistered, registrable or not) and any applications or rights to apply for registration of any of them together with any registered rights resulting from any such applications or rights to apply for registration.
1.12. “Payment Account” shall refer to the credit/debit card, or such other account as is provided by You and accepted by DotScot Domains or its agents upon registration to pay for Your Services. DotScot Domains may add, delete, or modify the methods by which customers can pay for the DotScot Domains Services at any time without prior notice. Payments processed by third party processors are subject to those processors’ terms and conditions of service and DotScot Domains makes no representations or warranties with respect to any third party payment services.
1.13. “Personal Data” means any personal data processed by us pursuant to or in connection with this Agreement.
1.14. “Registration Data” means information supplied to us by You in connection with Your registration for Services.
1.15. “Suspend” or “Suspension” shall include the temporary or permanent disabling of Your account and/or the cessation of transmission of data via Your Services.
1.16. “Term” shall be as stated in the specifications for Your Services or for any renewal Term thereof. The Term for free Services shall continue until terminated by You or DotScot Domains pursuant to Clause 2.1.
1.17. “You“, “Your” and their grammatical variants shall mean You, any other entity which has an ownership or other beneficial interest in You, or any other entity in which You have an ownership or other beneficial interest.
1.18. “Your Data“, “Data” and its grammatical variants shall mean any data, including but not limited to documents, emails, images, videos, visual materials, advertisements, web pages, or other Content, related to Your use of the DotScot Domains Services or otherwise stored on or transmitted by the DotScot Domains Equipment.
1.19. “Your Services“, “Services” and their grammatical variants shall mean the specific DotScot Domains Services for which You have registered, subject to the limitations and specifications of the particular service effective as of the date of contract.
2. Term And Termination
2.1. You or DotScot Domains may terminate this Agreement at any time for any reason, with or without cause. You may terminate by:
a) notifying DotScot Domains via email or by certified mail to our registered address, which notification shall be effective upon receipt by DotScot Domains; or
b) closing Your accounts for all of Your Services via DotScot Domains’ user interface, where DotScot Domains has made this option available to You.
2.2. Notwithstanding the provisions of Clause 2.1 to the contrary, the initial Term for Your Services shall be twelve (12) months or as otherwise stated in the specifications for Your Services, at the end of which term this Agreement shall renew automatically every twelve (12) months unless terminated prior to renewal pursuant to this Agreement. DotScot Domains may, but is not obligated to, allow You to change the duration of the Term or the specific services for Your Services at the beginning of any renewal period and You agree that DotScot Domains may debit Your Payment Account for any resulting Fees.
2.3. Your termination of any Services shall be effective as of the end of the current Term. All other terminations, including termination by DotScot Domains for any reason, shall be effective immediately.
2.4. You are required to log in to Your account periodically, but no less that once every six (6) months, in order to maintain the account. You agree that in the event DotScot Domains determines, at its sole discretion, that You have not logged in to Your email or other Services account for more than six (6) months, DotScot Domains may, without any liability to You and in addition to any other remedies, terminate or suspend Your account and erase any materials associated therewith from DotScot Domains’ Equipment without notice to You. You further agree that in the event that DotScot Domains believes, at its sole discretion, that You have breached any provision(s) of this Agreement, including but not limited to Clauses 3 or 8, DotScot Domains may, without any liability to You and in addition to any other remedies, terminate or suspend any and all accounts registered by You or Your access to Your Services and Your Data without prior notice to You. You further agree that in the event that DotScot Domains believes, at its sole discretion, that You have transmitted or stored any materials that breach any provision(s) of Clause 7 of this Agreement DotScot Domains may, without any liability to You and in addition to any other remedies, erase such materials from the DotScot Domains Equipment without prior notice to You. If Your account is suspended by DotScot Domains for any reason whatsoever, Your email address may or may not be retained by DotScot Domains at its sole discretion. After any such retention period, Your email address may be released and made available to another customer.
2.5. If Your account is suspended for non-payment of Fees, DotScot Domains may but is not obligated to restore Your email account for the remainder of the current Term upon request to DotScot Domains and payment in full of all Fees due and owing on the account, provided such request is received by DotScot Domains on or before the last day of the current Term. Email accounts not restored by the end of the current Term will be terminated immediately upon expiry of the Term.
2.6. Upon termination of this Agreement, You will no longer have access to Your account. All of Your Data, including but not limited to emails or other files associated with Your account and Services, may be irrevocably deleted at any time after termination and all transmission of data will cease. DotScot Domains may, at its sole discretion, make Your Data available to You to the extent it has not been deleted. DotScot Domains accepts no liability for such deleted Data. You are responsible, prior to termination of Services, for transferring, saving, or otherwise securing any of Your Data that You want to continue to have access to following such termination.
3.1. Fees for all Services must be paid in advance of the provision of Services for the entire Term. Fees must be paid in the currency stipulated by DotScot Domains at the time of registering for Your Services via the Payment Account and are non refundable (except as expressly permitted by this Agreement), including any Fees paid in advance for the Term during which You terminate. You agree that DotScot Domains may automatically debit the Fee and any additional fees from the Payment Account unless specifically provided otherwise. DotScot Domains will notify You at least 30 days in advance of the end of Your current Term of the fee to continue Your Services for another Term and in accepting to continue for another Term, You agree that DotScot Domains may automatically debit Your Payment Account, without further authorisation from You. If payment in full is not received by DotScot Domains or its agents, You agree to pay all amounts due from You for Your Services without demand by DotScot Domains. Termination of Your account shall not relieve You of any obligation to pay any accrued fees or charges.
3.2. In addition, certain DotScot Domains Services may be subject to set-up, service, or other fees and by registering for such DotScot Domains Services You authorise DotScot Domains to debit Your Payment Account for any and all such fees.
3.3. DotScot Domains cannot guarantee that Your Payment Account will be updated and You acknowledge and agree that it is Your responsibility to keep Your payment information current and up-to-date at all times and that You shall be liable to DotScot Domains for Your failure to do so, including for any charges that DotScot Domains may incur as a result of Your failure to keep Your payment information current. DotScot Domains shall have no liability for declined payments or incomplete or out-of-date Payment Account information.
3.4. DotScot Domains may offer promotional rates or special offers, the terms of which may or may not be more favourable than the terms and conditions for Your Services. Any such promotions or modifications shall not affect Your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Promotional fees and special offers may or may not be combined at the sole discretion of DotScot Domains.
3.5. Certain special offers for Services may include a free introductory period. Unless You terminate Your account prior to the expiration of such introductory period You agree that You will be liable for and DotScot Domains may automatically debit Your Payment Account for the Fees for the Services associated with that account. DotScot Domains reserves the right at any time to withhold, modify, or discontinue, temporarily or permanently, such introductory or promotional offers, with or without notice.
3.6. Changes to Your Services, including downgrades by You or termination of Your Services, may result in loss of features, Your Data, or a reduction in the amount of available capacity for Your Data provided by the DotScot Domains Services. To the extent You receive a special reduced price as part of a bundled offer, the special price shall only apply as long as all of the bundled services remain; accordingly, cancelling any one of the bundled services will result in a higher price for each of the remaining services unless it was arranged differently in the special offer. The amount charged to Your Payment Account on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades or the cancellation of bundled services.
3.7. You shall pay all costs of collection, including reasonable attorney’s fees and costs, in the event that any invoice requires collection efforts as determined at DotScot Domains’ sole discretion. Except where prohibited by law, all accounts referred to a collection agency shall be subject to an additional fee, which must be paid in full before the account is reactivated.
3.8. International Customers bear the risk of currency fluctuations and any fees or taxes associated with the conversion of foreign currencies into the currency stipulated for Your Services. Certain DotScot Domains Services will not be available to International Customers until DotScot Domains is able to receive satisfactory confirmation from such customer’s Payment Account provider, that the funds will be available for debit from the International Customer’s account. Orders from International Customers will not be accepted unless the country provided in the contact information matches that on file for the Payment Account.
3.9. You agree that DotScot Domains may start the provision of services immediately and that You will not be entitled to a cancellation or a “cooling off” period except to the extent that a waiver of those rights is prohibited by Applicable Law.
3.10. Even if Your DotScot Domains Services are free, You may still incur expenses for internet access or data transmission from third-party service providers not affiliated with DotScot Domains.
4.1. Subject to and conditioned upon DotScot Domains’ retained rights and all other terms and conditions set forth in this Agreement, DotScot Domains offers the DotScot Domains Services as soon as practicable after registration. You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both Your password and Your account and are fully responsible for all activities that occur under Your password and Your account. You agree to notify DotScot Domains immediately of any unauthorised uses of Your account or any other breaches of security. DotScot Domains cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will DotScot Domains be liable in any way for any acts or omissions by You including any losses or damages of any kind incurred as a result of such acts or omissions. The DotScot Domains Services are subject to the following conditions and restrictions:
a) DotScot Domains shall provide to You a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of server space allocated to Your Services for the exclusive purpose of storing Your Data and disseminating said Data via the Internet through the use of DotScot Domains’ Equipment for purposes consistent with this Agreement.
b) DotScot Domains, either directly or through its assignee or licensee, shall provide such support as is outlined in the specifications for Your Services or as otherwise shown on the DotScot Domains website. DotScot Domains is not obliged to provide any customer service or technical support except as specified in this Clause 4 and cannot guarantee that Your questions will be answered in a timely fashion or otherwise. Notwithstanding the foregoing, DotScot Domains at its sole discretion may at any time alter or cease providing the support provided pursuant to this Agreement without any liability to DotScot Domains.
c) All use of the DotScot Domains Services shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights for DotScot Domains’ services by entering into multiple agreements.
d) Your use of the DotScot Domains Services, including but not limited to email traffic and combined mailbox use and file and/or file storage per account, shall not exceed that specified for Your Services. You are responsible for monitoring Your use of the DotScot Domains Services and agree to check Your email and download or delete Your email on a regular basis and to manage Your file storage account in order to ensure compliance with this clause. Should Your use of the DotScot Domains Services exceed the limits specified for Your Services, DotScot Domains may return or reject any and all emails sent to You to the originating sender, prevent You from uploading additional photos, documents and other files to Your file storage folders and/or delete or deny access to the storage space for Your Data without liability to You. You agree that DotScot Domains may suspend or terminate Your account without notice or liability to You for usage in excess of permitted amounts.
e) DotScot Domains reserves the right to alter, amend, or discontinue the provision of some or all of the DotScot Domains Services, including but not limited to the provision of certain DotScot Domains Services to international customers in a particular market, at any time.
f) You are responsible for backing up Your Data on Your own computer. DotScot Domains does not warrant or otherwise guarantee that it will back up Your Data or that data which has been backed up can be retrieved and will not be responsible for any archiving or backup of Your Data. If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable, whether due to termination or suspension of Your account pursuant to this Agreement or otherwise, DotScot Domains will have no obligation or liability to You.
g) You represent and warrant that Your email address does not infringe the Intellectual Property Rights of any person or company and that Your email address is otherwise in compliance with the terms of this Agreement, in particular the provisions of Clause 7. DotScot Domains may suspend or terminate this Agreement, including cease transmission of emails or data associated with Your account, permanently remove Your Data from the DotScot Domains Equipment, revoke any and all email addresses assigned to You and take any other actions it deems necessary, at its sole discretion, immediately and without notice, to comply with the provisions of Clause 7, relevant Applicable Laws, or for any reason whatsoever. DotScot Domains assumes no liability in the event a particular email address is unavailable or otherwise not assigned to You and does not warrant or guarantee that assigned email addresses do not infringe the rights of third parties, or that You will retain the rights to that email address for any period of time. You waive any and all clams You may have, now and forever, against DotScot Domains relating to the registration and use of Your email address and agree to indemnify and hold harmless DotScot Domains from and against any such claims.
h) DotScot Domains reserves the right to terminate Your email address in the event that DotScot Domains’ rights to use certain domain names or email addresses terminate or expire.
i) DotScot Domains’ file storage services require an active DotScot Domains email address. Termination of the DotScot Domains email address connected to Your file storage services will automatically terminate Your file storage services, which may result in the loss of Your Data.
a) Certain DotScot Domains Software is provided for online use as part of the DotScot Domains Services (the “DotScot Domains Online Software“). The DotScot Domains Online Software is hosted software which runs directly on DotScot Domains’ servers and You may not download, install, store or make any copies of the DotScot Domains Online Software, nor may You sublicense the DotScot Domains Online Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the DotScot Domains Online Software or any copies thereof and not to assist any third party in doing so. The DotScot Domains Online Software is designed to be used through the DotScot Domains user interface and, as such, may be utilised by any authorised user from any computer or workstation. This licence is automatically revoked upon termination of this Agreement. DotScot Domains reserves the right to modify or discontinue the DotScot Domains Online Software at any time without notice.
b) DotScot Domains may provide its customers with the ability to download certain third-party software (the “Third Party Software“). The licence conditions governing the use of the Third Party Software may differ from DotScot Domains’ own software licences. Customers of DotScot Domains are bound by the conditions of all licences pertaining to such Third Party Software and should make themselves familiar with their terms and conditions. The provision and offering of such Third Party Software by DotScot Domains does not constitute an endorsement of the Third Party Software, nor can DotScot Domains make any representations or warranties regarding the use and functionality of such Third Party Software. DotScot Domains disclaims any and all warranties associated with Your use of Third Party Software, including without limitation the warranties or merchantability, fitness for a particular purpose and non-infringement.
c) In the event of termination of this Agreement, or upon any act which shall give rise to DotScot Domains’ right to terminate, or upon the expiration of the licence for DotScot Domains Software which is subject to a limited-duration licence, any and all licences granted under this Clause 4.2 shall terminate automatically and You will remove, erase or destroy the DotScot Domains Software and documentation and all copies thereof, wherever located, without demand or notice.
d) DotScot Domains may stop providing the Software and any Third Party Software, or any updates thereto, at any time without notice or any further liability to You.
e) Certain Software (including Third Party Software) may not be available to international customers.
5. No Warranties By DotScot Domains
5.1. Receipt by DotScot Domains of data for storage and/or transmission via DotScot Domains Equipment which are inconsistent with Your warranties set forth in Clause 7 herein shall not constitute an agreement by DotScot Domains to allow the DotScot Domains Services or the DotScot Domains Equipment to be used to disseminate such information or data in whole or in part, by any means, or if once disseminated via the use of DotScot Domains Services or Equipment, to continue to disseminate such data.
5.2. The DotScot Domains Services and DotScot Domains Software are provided on an “as is” basis without warranty of any kind, express or implied. You expressly agree that the use of the DotScot Domains Services is at Your sole risk. DotScot Domains does not warrant that the DotScot Domains Services will be uninterrupted or error free, that Your Data or any files stored by You through the use of our file storage services will be accessible by You at all times, nor does DotScot Domains make any warranty as to any results that may be obtained by use of the DotScot Domains Services. No warranty is made by DotScot Domains regarding any information, services or products provided through or in connection with this agreement and DotScot Domains hereby expressly disclaims any and all warranties, including without limitation:
a) any warranties as to the availability, quality, quantity, or content of services or goods provided to You hereunder; and
b) any warranties of merchantability or fitness for a particular purpose. DotScot Domains does not guarantee that any content, information, software (including without limitation Third Party Software) or other material accessible through the DotScot Domains Services will be free of viruses, “worms”, “trojan horses”, or other harmful components.
6. DotScot Domains’ Limited Liability
6.1. Your sole and exclusive remedy hereunder shall be for You to discontinue Your use of the Services and terminate this agreement. In no case shall DotScot Domains, its directors, officers, employees, affiliates, agents or contractors be liable for any direct, indirect, incidental, exemplary, special or consequential damages arising from Your use of or otherwise relating to the DotScot Domains Services. Some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such countries, states or jurisdictions, DotScot Domains’ liability shall be limited to the fullest extent permitted by law. Except as expressly set forth in any separate software licence or in this agreement, DotScot Domains does not endorse, warrant or guarantee any third party product or service offered or otherwise accessed using the DotScot Domains Services and DotScot Domains will not be a party to, or in any way be responsible for, monitoring any transaction between You and any third parties. You hereby release DotScot Domains from any and all obligations, liability and claims in excess of these liability limitations. The total liability of DotScot Domains for breach of warranty arising out of contract, negligence or strict liability in tort, or any other claim relating to this agreement shall be limited to the total service fees paid by You to DotScot Domains in the six (6) months preceding such alleged breach, if any.
7. Your Additional Obligations And Warranties
7.1. You represent and warrant that You are over eighteen (18) years of age and fully competent to enter into this Agreement.
7.2. You acknowledge that only You may use Your account and You agree and warrant that You shall not permit anyone else to use Your account or authorise any third party to access Your account on Your behalf. You are responsible for all activity that takes place with respect to Your account and You agree that in the event DotScot Domains believes or has reason to believe, that You have breached this Agreement or any of the warranties in this Clause 7, DotScot Domains may, without prior notice to You and at DotScot Domains’ sole and exclusive discretion, suspend the provision of the DotScot Domains Services and/or terminate this Agreement, without any liability of any kind. As more completely set forth in Clauses 6, 7 and 10, You waive any and all claims You may have, now and forever, against DotScot Domains relating to any action taken under this Clause 7.2 and agree to indemnify and hold harmless DotScot Domains from and against any claims brought by third parties as a result of Your Data or Your use of the DotScot Domains Services.
7.3. You agree and warrant that You shall not send mass unsolicited or unwanted electronic mail solicitations; that You shall not use Your email address for impermissible or abusive news group postings or excessive or repeated off-topic or commercial postings; that You will not send any form of junk mail; and that You shall not engage in any other form of spamming, spoofing, phishing or mail bombing. DotScot Domains reserves the right to block mail from any source, including outgoing mail from or ingoing mail to Your account, which DotScot Domains believes, at its sole discretion, is being used to send such unsolicited email. While DotScot Domains continues to actively review and implement new technology to ensure that its customers neither send nor receive unsolicited email, there is no currently available technology that will totally prevent the sending and receiving of unsolicited email.
7.4. You agree and warrant that all sales, distributions, advertisement, or promotion by any and all means, of any type of Content, including but not limited to, executable files (such as .EXE), digitised audio/visual files (such as MP3), or copies of copyrighted works (including compressed versions of same, such as in .ZIP files), goods, including, but not limited to, videotapes and CD-ROM or DVD-ROM products and any type of services by You, which are advertised and/or promoted by, or are in any other way directly or indirectly associated with Your use of the DotScot Domains Services or DotScot Domains Equipment, shall at all times comply with Your warranties under this Clause 7, as well as all Applicable Laws. With respect to any advertising content You may transmit through the Services, You agree and warrant that all such advertising content shall comply with all Applicable Laws and shall not result in consumer fraud, product liability, or damage of any kind to any third party.
7.5. You agree and warrant that all of Your Data and any matter You store on or allow to be transmitted by DotScot Domains Equipment shall be solely for business, entertainment and/or educational purposes and that You shall assume the sole responsibility and duty to ensure that all such Data shall be transmitted exclusively to consenting adults and only to places in which such materials comply with contemporary community standards. You shall be liable for any and all damages, harm, or losses caused by Your Data.
7.6. You agree and warrant that all of Your Data and any matter You store on or allow to be transmitted by DotScot Domains Equipment shall not violate any Applicable Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, incest, rape, sexual assault, actual physical violence, torture or disfigurement, or other content deemed objectionable by DotScot Domains, at its sole discretion. You agree and warrant that You will not use the DotScot Domains Services to transmit messages which: Display, contain or link to any harmful matter or indecent materials or communications which are available to, or accessible by, minors; or display or contain any material that consists of pornography, child pornography, or other obscene content, including but not limited to content involving or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age or which could otherwise result in harm to minors, all as determined at DotScot Domains’ sole discretion.
7.7. You agree and warrant that You shall not damage, disable, overburden, or impair the DotScot Domains Services or misuse them in any way; use scripts, robots, web crawlers, or similar type of programs or applications; interfere with anyone else’s use or enjoyment of the DotScot Domains Services; or interfere with, defame, or abuse DotScot Domains or its officers, employees, or agents.
7.8. You affirm, represent, agree and warrant that You have and at all times shall have all necessary Intellectual Property Rights to reproduce and disseminate via the Internet any and all data which You store or otherwise promote, advertise, disseminate and/or distribute to anyone through Your direct or indirect use of the DotScot Domains Services or DotScot Domains Equipment and that Your Data and the use or distribution of Your Data does not infringe the Intellectual Property Rights of others. You agree that in the event that DotScot Domains is informed by any party that You are using the DotScot Domains Services to transmit messages which infringe the Intellectual Property Rights or violate the privacy rights of any party or any other claim of violation of Intellectual Property Rights of any kind, then DotScot Domains may, without prior notice to You and at DotScot Domains’ sole and exclusive discretion, suspend the provision of the DotScot Domains Services and/or terminate this Agreement without any liability of any kind to DotScot Domains from either You or any third party. As more completely set forth in Clauses 6, 7 and 10, You waive any and all claims You may have, now and forever, against DotScot Domains relating to any action taken in response to the claim that You have infringed the Intellectual Property Rights of a third party and agree to indemnify and hold harmless DotScot Domains from and against any such claims.
7.9. You agree and warrant that Your Data shall not constitute or contain or link to material:
a) which is libellous, slanderous, or defamatory;
b) which violates privacy rights of any party; or
c) which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights; or which is offensive, harmful, violent, threatening, abusive or hateful, at DotScot Domains’ sole discretion.
7.10. You agree and warrant that any and all material(s) of every kind which You store or transmit using the DotScot Domains Services or DotScot Domains Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software “viruses”, “worms”, “Trojan Horses” and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system.
7.11. You agree that You will not attempt to access the DotScot Domains Equipment or web site or another person’s web site without authorisation, or use the DotScot Domains Services to carry out, or assist in the carrying out of, any “denial of service” attacks on any other website or internet service.
7.12. You agree and warrant that You shall not engage in any false, deceptive or fraudulent activities in association with Your use of the DotScot Domains Services or the DotScot Domains Equipment.
7.13. You agree and warrant that You shall not resell or redistribute the DotScot Domains Services or any part thereof, including but not limited to Your DotScot Domains email address or file storage account, or use any unauthorised means to modify or re-route the DotScot Domains Services or to attempt same.
7.14. You agree and warrant that all applicable taxes have been paid or will be paid in full by You when due regarding all businesses and employees associated with Your use of the DotScot Domains Services and that no taxing authorities shall have any claim against DotScot Domains or any persons affiliated therewith for the payment of such taxes.
7.15. You agree to abide by any and all Applicable laws relating to export control and not to transfer or permit the transfer, by electronic transmission or otherwise, of any content or software subject to restrictions under such Applicable laws to a destination prohibited under such Applicable laws without first obtaining and then complying with any requisite government authorisation. You further agree not to upload to Your DotScot Domains account any data or software that cannot be exported without prior written governmental authorisation, including, but not limited to, certain types of encryption software.
7.16. You agree not to use Your account for the storage of files other than in the course of normal email usage or as provided otherwise in the specifications for Your Services.
8. Intellectual Property
8.1. “DotScot” and other trademarks, logos and trade dress displayed on web sites and on other materials operated or provided by DotScot Domains (collectively, the “Marks“) belong to DotScot Domains and/or its affiliates or third parties which have licensed those rights to DotScot Domains (“Partners“). DotScot Domains and Partners retain all rights to the Marks and nothing in this Agreement grants You or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner’s prior written consent. All trademarks, product names and company names and logos appearing on DotScot Domains’ web site and on other DotScot Domains materials are the property of their respective owners.
8.2. Unless expressly stated otherwise You should assume that all content, images and materials appearing on the DotScot Domains web site and on other materials provided by DotScot Domains (collectively the “DotScot Domains Content“) are the sole property of DotScot Domains. Both UK and international copyright and other intellectual property laws and treaties protect such DotScot Domains Content. You may not use, reproduce, display, or sell, in whole or in part, any DotScot Domains Content without DotScot Domains’ prior written consent. You may not link to any page or frame any portion of DotScot Domains’ web site in such a way as to remove, cover, alter, or obscure trademark notifications or as would otherwise confuse viewers as to the origin of the content.
9. Your Indemnification Of DotScot Domains
9.1. You agree that You shall fully defend and indemnify DotScot Domains, including its officers, directors, owners, managing agents, lawyers, accountants, shareholders, related entities, heirs and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, lawyers’ fees, arbitration fees, mediation fees, expert expenses and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of You or Your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement, including, but not limited to, Your warranties set forth in Clause 7 or Your violation of a third party’s intellectual property rights. You further agree to defend, indemnify and hold harmless DotScot Domains, including its officers, directors, owners, managing agents, lawyers, accountants, shareholders, related entities, heirs and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable lawyers’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of You or Your agents in connection with the performance of this Agreement. You agree that DotScot Domains shall have the right to participate in the defence of any such claim through means of its own choosing at Your expense.
10. No Joint Venture Or Partnership
10.1. Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between DotScot Domains and You, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between DotScot Domains and You. DotScot Domains shall have no control or ownership interests of any kind in Your business. DotScot Domains shall have no direct financial or other interest in, nor in any way “own” any online venture pertaining to Your use of the DotScot Domains Services or DotScot Domains Equipment. DotScot Domains’ relationship to You shall be restricted to matters pertaining to the provision of the DotScot Domains Services as set forth in this Agreement.
11. Services Rendered On A Non-Exclusive Basis
11.1. Any and all services which are or may be provided to You by DotScot Domains pursuant to this Agreement, including the license of rights herein, are not exclusive and nothing in this Agreement shall limit or restrict DotScot Domains from providing similar services and granting similar licenses to third parties regardless of whether such third parties are competitors of You. Nothing in this Agreement shall limit or restrict DotScot Domains from engaging in any activities similar to Yours or in competition with You.
12. No Editorial Control By DotScot Domains
12.1. DotScot Domains and You agree that, consistent with the strict policy of DotScot Domains and in reliance on Your express warranties regarding the substantive content of data, advertisements, communications, messages and other materials which You shall store and/or otherwise disseminate via the use of DotScot Domains Services or Equipment, DotScot Domains shall neither have nor exert any editorial or other subjective control over the substantive content of such data, advertisements, communications, message or other materials. DotScot Domains exercises no control over information which is found on the internet, except for its own web site and cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for verifying the accuracy and suitability of information and services You obtain from third parties via the internet.
13.1. It is DotScot Domains’ policy to respect Your privacy. DotScot Domains will not monitor, edit, or disclose any personal information about You or Your account, including its contents, without Your prior consent unless DotScot Domains deems it necessary, at its sole discretion, to:
a) Comply with legal process or other legal requirements, including but not limited to responding to warrants or other requests for information from law enforcement officials;
b) protect and defend the rights or property of DotScot Domains or its officers, agents, affiliates licensees and customers; or
c) carry out its obligations under or enforce this Agreement.
14.1. DotScot Domains processes Your Registration Data in accordance with the applicable data protection legislation in Scotland, the UK, the European Union’s General Data Protection Regulation (GDPR) and other applicable data protection legislation.
a) We are the controller (or Data Processors) for Your Data processing which is required to carry out Your email registration and associated purposes, as described in this clause. The main reasons for such processing includes but is not limited to registration for the Services, billing and assistance with problems in using the Services.
b) You may contact us at: DotScot Domains, Suite 3-2, 106 Hope Street, Glasgow G2 6PH, Scotland. Phone: +44 141 628 8182; Fax: +44 141 404 2622; Email: email@example.com.
14.3. The Data We Collect
a) As the Service provider, we have specific Registration Data requirements. The Registration Data is the full set of data referred to in this clause, including the data of all contacts. We collect the following Registration Data:
- Requested Email Name
- Your Name
- Your Organisation (if applicable)
- Your Address details including:
- Property number
- Postal or ZIP Code
- Alternate email address
- Mobile Phone or Landline Telephone number
14.4. Legal Basis for the collection
a) The legal basis for the collection of personal information under this Agreement is Art. 6.1.b) of the GDPR. For You, it is to perform the email name registration and post-registration validation; ensure performance under this Agreement; regulatory and other compliance; and for contact in the case of technical issues.
b) We also require You to transfer the data mentioned above to us since we have a legitimate interest in identifying and investigating patterns of illegal behaviour and help with ownership disputes. For this processing activity, we are the Data Controllers and we are the Data Processor.
14.5. Processing of data by third parties
a) We do not pass any of Your Registration Data to any third parties for data processing.
14.6. Disclosure of data
a) We will not publish personal data or otherwise disclose Your Registration Data to any third party except in the cases referred to in Clause 13. Disclosure of personal data will only occur if there is an established legal basis for such disclosure based on a case-by-case assessment. The legal basis for such disclosure might be Art. 6.1.c (in case of requests by competent authorities) or Art. 6.1.f) (based on a legitimate third-party interest). All disclosure requests will be assessed individually.
14.7. Retention of data
a) Registration Data is deleted without undue delay if and to the extent that the purpose of data collection has been reached or ceases to exist. The data processed by us will be deleted at the latest after expiry of statutory retention periods. We adhere to the requirements of Articles 17 and 18 GDPR. The Registration Data might need to be stored for a period of one (1) year after the end of the email name registration. The following rights can be claimed against the controller:
- Right of access by the data subject: Art. 15 GDPR;
- Right to rectification: Art. 16 GDPR. Requests for modifications shall be made to us;
- Right to erasure (‘right to be forgotten’): Art. 17 GDPR. Be aware that the request to erase Your Data may cause the deletion of Your email name;
- Right to restriction of processing: Art. 18 GDPR;
- Right to data portability: Art. 20 GDPR; and
- Right to object: Art. 21 GDPR.
b) You have the right to lodge a complaint with a supervisory authority about the processing of personal data by us, the controller.
14.8. Data accuracy
a) You shall immediately correct and update any incorrect or inaccurate Registration Data during the Term of the Agreement by contacting us in the first instance.
14.9. Registration Data handling
a) We will only process Your Registration Data according to applicable data protection legislation and will take all technical and organisational measures to protect Your Registration Data from loss, misuse, unauthorised access or disclosure, alteration or destruction, as well as undertaking any other security measure required under Applicable Laws.
15.1. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.
16. No Waiver
16.1. Failure of DotScot Domains at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by a duly authorised representative of DotScot Domains.
17.1. For notification purposes, the contact information for DotScot Domains is:
- Mailing Address: Suite 3-2, 106 Hope Street, Glasgow G2 6PH, Scotland, UK
- Telephone: +44 (0)141 343 7620
- Facsimilie: +44 (0)141 404 2622
- Email: firstname.lastname@example.org
17.2. DotScot Domains may provide notice to You via email sent to the email address associated with Your account. Such notice is deemed effective at the date and time of transmission, whether You receive it or not and shall be deemed written notice for the purposes of this Agreement.
17.3. You may provide notice to DotScot Domains in one of the following ways:
a) By personal delivery to DotScot Domains;
b) by addressing the notice as indicated above and depositing the same by registered or certified mail, postage prepaid, by Royal Mail or other general mail delivery provider;
c) by courier;
d) by facsimile transmission; or
e) by email.
17.4. Such notice, statement or other document so delivered to DotScot Domains, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt.
18. Force Majeure
18.1. In the event of “Force Majeure” (as defined below), DotScot Domains may terminate this Agreement without liability to You. For purposes of the Agreement, “Force Majeure” shall mean circumstances or occurrences beyond DotScot Domains’ reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which DotScot Domains cannot reasonably be required to perform its obligations hereunder under the Agreement. Such circumstances or occurrences include, but are not limited to: Acts of God, war, civil war, insurrection, fires, floods, labour disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the DotScot Domains Services are located or maintained or through which the DotScot Domains Services are provided and non-availability of any permits, licenses and/or authorisations required by governmental authority.
18.2. DotScot Domains reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the DotScot Domains Services (or any part thereof) with or without notice, including the right to cease all business operations in Scotland or elsewhere. You agree that DotScot Domains shall not be liable to You or to any third party for any modification, suspension or discontinuance of the DotScot Domains Services.
19.1. This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by You without DotScot Domains’ prior written consent. In particular, You may not sell accounts or sub-accounts to third parties. Notwithstanding the above, this Agreement shall be binding upon Your successors and assigns, if any. DotScot Domains may assign or license any or all of its rights and/or obligations hereunder in its free, sole and unfettered discretion, without consent by or notice to You.
20. Dispute Resolution Procedure
20.1. The Parties must attempt in good faith to resolve any dispute, difference or question between them arising out of or in connection with this Agreement.
20.2. If a dispute, difference or question between the parties, arising out of or in connection with this Agreement cannot be resolved by direct negotiation between them, the Parties agree to endeavour to resolve the matter by mediation in accordance with this Clause 20.
20.3. To initiate the mediation either Party shall give notice in writing to the other Party requesting mediation. The mediator shall be selected by agreement between the Parties, failing which agreement, within 15 days of one Party or both Parties requesting the appointment of a mediator, by the director of the Scottish Mediation Network after consultation with the Parties. The mediation shall commence no later than 60 days after the selection of the mediator.
20.4. If there is any issue about the conduct of the mediation upon which the Parties cannot agree, then the mediator selected in accordance with Clause 20.3 shall, at the request of either Party, decide that issue after consultation with the Parties.
20.5. Unless they agree otherwise, the Parties shall share equally the fees, costs and expenses relating to the mediation and each Party shall pay its own expenses of preparation for and participation and representation in, the mediation.
20.6. If the Parties are unable to resolve the dispute, difference or question within 30 days of the mediation commencing and only if the Parties and the mediator agrees, the mediator may produce for the Parties a non-binding recommendation of terms of settlement. This will not attempt to anticipate what a Court might order but will set out what the mediator suggests are appropriate settlement terms in all the circumstances.
20.7. Any settlement agreement reached in the mediation shall not be legally binding until it has been reduced to writing and signed by, or on behalf of, both Parties. The mediator may assist the Parties in recording the outcome of the mediation.
20.8. Either Party may terminate the mediation at any time. In any event, the mediation shall terminate when:
a) a Party withdraws from the mediation;
b) the Parties resolve the dispute, difference or question;
c) a written agreement is concluded; or
d) the mediator decides that continuing the mediation is unlikely to result in a settlement.
20.9. Only in the event that mediation does not resolve the dispute, difference or question, Clause 20.10 will apply.
20.10. Any dispute or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination which cannot be resolved in good faith, shall be determined by the appointment of a single arbitrator to be agreed between the Parties and failing agreement within 15 days after either Party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the Scottish Arbitration Centre on the written application of either Party. The seat of the arbitration shall be in Scotland. The language used in the arbitral proceedings shall be English.
20.11. Any arbitration under Clause 20.10 is subject to the Arbitration (Scotland) Act 2010.
21. Successors And Assigns
21.1. This agreement shall be binding upon and inure to the benefit of the Parties’ respective heirs, personal representatives, executors, administrators, successors and assigns.
22. Entire Agreement
22.1. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of DotScot Domains has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement and You hereby acknowledge and agree that You have not executed this Agreement in reliance upon any such representation or promise. This Agreement is solely for the benefit of You and DotScot Domains.
23.1. This Agreement may be materially altered by DotScot Domains by posting the new version of the Agreement at www.domains.scot and if posted in this manner, shall be effective immediately upon posting such notice. You accept and shall be bound by such changed terms unless You opt to terminate the Agreement within thirty days of the posting of the new version on the aforementioned website.
23.2. You may not modify this Agreement, in whole or in part and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorised representative of DotScot Domains. No additional or conflicting term in any other document used by You will have any legal effect.
24. Governing Law And Jurisdiction
24.1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots Law.
24.2. The parties irrevocably agree that the Scottish Courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).