Domain Registration

These terms and conditions relate to all completed registrations for Top Level Domains (TLDs).

Applications to Register

All applications must be made by e-mail or by using the template provided on Cerberus Design”s web site or a web site owned by an approved agent of Cerberus Design.

.IE Domain Registration

The Applicant for a .IE domain name registration will be responsible for providing any additional information that the IEDR (Irish Domain Registry) may request in order to facilitate a legitimate claim to the chosen .ie domain name. Such information may include proof of rights to the domain such as an RBN (Registered Business Name number), a claim letter, proof of trade in Ireland, a VAT number or any other such information the IEDR may require. Failure to provide sufficient information as specified by the IEDR can result in the domain name not being registered. Cerberus Design is not responsible for a failed .ie domain registration due to the Applicant not providing additional information as requested by the IEDR and in these circumstances will not issue a refund of the application fee. A full refund will be given for any .ie domain applications that are rejected by the IEDR.

Acceptance and Payment

• The domain name that is applied for will normally be allotted to the Applicant immediately the respective domain name has been approved and payment has been made subject to ‘Obligation of the Applicant’ (See below).
• The chosen domain name will become the sole possession of the Applicant only after full payment of the registration fee.
• Acceptance and payment of the annual fee constitutes a contract for 12 months.
• Applicants will be invoiced by email. Payment can be made by credit card,cash or cheque but this may add considerably to the delay in confirmation of the domain name.
• Cerberus Design reserves the right to refuse registration.

Renewal

• Payment for the annual renewal of the domain name is necessary before the renewal date in order for the domain not to expire. The Applicant will be invoiced by email 35 days before the domain is due to expire and reminded again by email  20 days and then 5 days before the domain is to expire.
• The Applicant’s credit or debit card details are not stored and payments are processed through the PayPal gateway
• The Terms and Conditions in force at the time of renewal will then apply.
• Failure to pay renewal fee before the expiry date will result in the domain being suspended.
• Additional charges (Redemption Fees) of up to €75.00 may apply to renew a domain name that has expired. Such fees are applied by country specific domain registration bodies.

Ownership of Domain Names

• Cerberus Design will only act as an agent for the purchase of domain names.
• All domain names requested by the Applicant will remain the property of Cerberus Design until the first annual fee payment has been made in full.
• The renewal of domain names requires payment of the renewal fee by the applicant to ensure continuation of service for email and hosted web sites.
• In the event of non-payment, Cerberus Design reserve the right to dispose of the domain name and claim for payment from the defaulting applicant by normal commercial and legal means after a period of 60 days has elapsed from renewal date.

Obligations of the Applicant

• The selected domain name must not be used in breach of trademark, copyright or other intellectual property rights of third parties.
• There must be no attempt to pass-off as another company by means of the domain name. If litigation were to ensue as a result of any legal challenge, the Applicant agrees to indemnify Cerberus Design and warrant them as an innocent party to any passing-off or similar intellectual property challenge.
• The selected domain name must not be used for any illegal purpose, or for any purpose likely to bring the name of Cerberus Design into disrepute
• The Applicant must not grant domain names to any sub-domain users without the expressed permission, in writing, by Cerberus Design.
• When registering a .co.uk domain you agree to the Nominet Terms And Conditions for registering a .co.uk domain .co.uk terms
• 6Applicants are responsible for their own security so far as any password or security codes are concerned. Where Cerberus Design acts on instructions received under password that relate in any way to this contract, no liability will be accepted arising from the use by Cerberus Design of this or any other password.
• ICANN (Internet Corporation for Assigned Domain Names and Numbers) is responsible for the managing and coordinating of the domain name system (DNS) to ensure that every address is unique and that all users on the Internet can find all valid addresses. You can find out more about Registrant rights and responsibilities directly on ICANN’s website.

Cloud and Hosting Services

These terms and conditions are intended to protect both the integrity and liability of Cerberus Design and The Applicant. The Applicant agrees that the service is provided as per the published data and that Cerberus Design assumes no responsibility for the timing, deletion, delivery or failure to store any customer communications or personalisation settings over and above those permitted under these terms and condition or agreed in writing at the time of contract.

Disk Space

Accounts with Cerberus Design include a specific disc space allocation. Additional disk space is available and can be upgraded.

IP Address

Accounts with Cerberus Design do not include separate IP addresses. Separate IP addresses are available at additional cost.

MySQL Databases

MySQL Database facilities are included – one per client maximum.

Acceptance and Payment

• Acceptance and payment of the annual hosting fee constitutes a contract for 12 months.
• Applicants will be invoiced by email and payment will be taken by cheque, cash or credit/debit card via
• Cerberus Design reserves the right to refuse the provision of hosting or cloud services without giving reasons.

Renewal

• 1. Payment for the annual hosting services is necessary before the renewal date in order for the hosting services to continue uninterrupted. The Applicant will be invoiced by email 35 days before the hosting services are due to expire and reminded again by email 20 and 5 days before the hosting service is to expire.
• The Applicant’s credit or debit card details are not stored and payments are processed through the PayPal gateway
• The customer is still liable for payment in order to maintain supply of services.
• The Terms and Conditions in force at the time of renewal will then apply.
• Failure to pay the annual renewal fee before the expiry date will result in the service being suspended. Any outstanding fees will become immediately due.

Unlawful or Prohibited Usage

• The Applicant will not use the Cerberus Design services for any purpose that is unlawful or prohibited by these terms and conditions.
• The Applicant may not attempt to gain unauthorized access to any Cerberus Design service, other accounts, computer systems or networks connected to any Cerberus Design services through hacking, password mining or any other means.
• The Applicant may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Cerberus Design services.
• Cerberus Design reserves the right at all times to disclose any information as Cerberus Design deems necessary to satisfy any applicable law, regulation, legal process or court order, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Cerberus Design’s’ sole discretion.

Third Party

Any dealings with third parties (including advertisers) included within the Cerberus Design services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between The Applicant and the advertiser or other third party. Cerberus Design shall not be responsible or liable for any part of any such dealings or promotions.

The Applicant’s Responsibilities

The Applicant is solely responsible for the content of The Applicant’s website – both text and images whether on the website or on email.

The Applicant

• Must agree to provide true, accurate, current and complete information on the registration form.
• Must agree to maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If The Applicant provides any information that is untrue, inaccurate, not current or incomplete (or Cerberus Design has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete) Cerberus Design has the right to suspend or terminate The Applicant’s account and refuse any and all current or future use of the service (or any portion thereof).
• Must not use the Cerberus Design services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages whether commercial or otherwise.
• Is responsible for maintaining the confidentiality of any password and account data.
• Is fully responsible for all activities that occur under The Applicant’s password or account. The Applicant agrees to notify Cerberus Design immediately if there is any unauthorised use of The Applicant’s password or account or any other breach of security.
• Must ensure that The Applicant account is logged-out properly at the end of each session. Note: Cerberus Design cannot and will not be liable for any loss or damage arising from The Applicant’s failure to comply with these requirements
• Who is in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. This might include, but not be limited to the following:
  • a. Unauthorised access, use, probe, or scan of a systems security or authentication measures, data or traffic.
  • b. Interference with service to any user, host or network including, without limitation.
  • c. E-mail bombing, flooding (deliberate attempts to overload a system) and broadcast attacks.
  • d. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
• Agrees not to use his account to publish any information, software or other content which violates or infringes upon the rights of any other or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
• Acknowledges that Cerberus Design does NOT permit sites that provide any content, points of distribution, or ‘links’ to other sites that:
  • a. Infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy;
  • b. Violate any law, statute, ordinance or regulation under Irish Law;
  • c. Are defamatory, trade libellous, threatening, unlawfully harassing, abusive, pornographic or obscene;
  • d. Contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  • e. Contain Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction;
  • f. Has Adult Sites (content). Meaning: Any erotic or pornographic material, links to Adult sites, or advertisements for Adult sites.
• Agrees that Cerberus Design alone have the right to determine whether any of the messages The Applicant sends are spam. Spamming generally includes, but is not limited to:
  • a. The bulk sending of unsolicited messages;
  • b. The sending of unsolicited e-mails which provoke complaints from recipients
  • c. The sending of junk mail. The use of distribution lists that include people who have not given specific.

Pricing

All Cerberus Design prices are published on http://www.cerberusdesign.com/ and are in Euro and ex. Vat unless specified otherwise.

• Cerberus Design offers a 30 day money back guarantee for hosting services (This does not include domain name registration).
• Cerberus Design will not offer a refund in full or part if the Applicant cancels any service within the contract period, unless the cancellation is within the first 30 day of service, in which case the 30 day money back guarantee will apply.
• No refund can be given where a domain has been registered or where a .ie domain applications has been unsuccessful due to the applicant failing to supply additional information as requested by Cerberus Design on behalf of the IEDR.
• Cerberus Design may amend pricing from time to time without notice.

Termination

Termination by the Applicant

• This agreement may be terminated at any time by the Applicant by giving Cerberus Design 30 days notice in writing.
• Termination must be made on company letter heading and be dated and signed by a person recognised by Cerberus Design. (electronic e-mail message being regarded as writing for this purpose).

Termination by Cerberus Design

Cerberus Design may cancel this agreement, suspend delegation of a domain name or cease providing hosting services on seven days written notice (electronic e-mail message being regarded as writing for this purpose) if:

• The terms of this agreement have been broken by the Applicant.
•  The domain name is administered in a way likely to endanger operation of the Top Level Domain.
• In the opinion of Cerberus Design, the domain name is being used in a manner likely to cause confusion to internet users.
• It has come to Cerberus Design’s attention that an earlier application for a domain name in the name of another party has been commenced by Cerberus Design, or with another provider, there can be no redress of this situation as a “first-come-first-served” policy applies Internet wide. In this rare situation, Cerberus Design will make a full refund to the unsuccessful applicant.
• It has come to Cerberus Design’s attention that the domain name or hosting services are being used illegally.
•  The Applicant agrees that Cerberus Design, at its sole discretion, may terminate the Applicant’s password, account or use of the service, and remove and discard any content within the service if The Applicant violates any portion of these terms and conditions.
• In the unlikely event of a dispute between Cerberus Design and the Applicant, and if good sense and reasonableness is not evident, the contract between Cerberus Design and the applicant will be terminated by Cerberus Design. If all outstanding payments have been made, the domain name will continue to be owned by the Applicant and there will be no refund provision.