Soft Idiom Limited trading as 4DPrime issues this document. The company shall be known throughout this document as 4DPrime.
Use of 4DPrime Services constitutes acceptance and agreement to our TOS (Terms of Service). All service provisions are subject to the TOS (Terms of Service) of 4DPrime.
The TOS may be changed from time to time at the discretion of 4DPrime. The client understands that changes to the TOS by 4DPrime shall not be grounds for non-payment.
4DPrime agrees to provide the client with services for a monthly or annual fee. Clients are allowed to use 4DPrime services for personal and/or business/commercial websites, applications or content.
All services provided by 4DPrime may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless 4DPrime from any claims resulting from the use of the service which damages the subscriber or any other party.
4DPrime does not allow adult content on its servers. Nor do we allow links to adult content hosted elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. 4DPrime will be the sole arbiter as to what constitutes a violation of this provision.
Educational adult websites, dating sites, and adult e-commerce stores are allowed. If you are in any doubt we strongly recommend checking with 4DPrime support before hosting such information. 4DPrime will be the sole arbiter as to what constitutes a violation of this provision.
Distribution or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights:
Material accessible to you through 4DPrime's Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the 4DPrime Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the 4DPrime Network. If you use a domain name in connection with the 4DPrime Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
SPAM and Unsolicited Email:
4DPrime takes a zero tolerance approach to the sending of Unsolicited Email (SPAM). Very simply this means that Clients of 4DPrime may not use or permit others to use our service for sending SPAM Emails. Clients of 4DPrime may not host, or permit hosting of information that is advertised by SPAM from other services. Violations of this policy carry severe penalties, including termination of service.
If a customer is found to be in violation of our SPAM policy, 4DPrime may, at its sole discretion, restrict, suspend or terminate a customer's account. In addition, 4DPrime may impose a £100 penalty for each spam policy violation. 4DPrime solely reserves the right to refuse or cancel service to known spammers. Lastly, 4DPrime reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Customers may not use the 4DPrime Network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. 4DPrime will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Requests for cancellation must be submitted via a written notice (email or letter) and must include the date you would like us to terminate our services which should not be sooner than our standard notice period. Your cancellation will be confirmed by email. Once an account has been terminated we do not retain any data or backups.
Standard Notice Period:
4DPrime requires a one calendar month notice period for cancellation of your account. Cancellation must be received at least one calendar month before your next invoice due date. 4DPrime will then stop all recurring invoicing and you will not be charged again. Any invoices due within the notice period, or overdue invoices on your account must be paid in full prior to cancellation.
Refunds and Disputes:
All payments to 4DPrime are non-refundable. This includes any setup fee and subsequent charges regardless of usage. If you dispute a charge that, in 4DPrime's sole discretion is a valid charge under the provisions of this TOS, you agree to pay 4DPrime an Administrative Fee for costs associated with pursuing that payment.
4DPrime does not offer any kind of "money back guarantee" or initial "trial period".
All domain name registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your term. Please be careful when ordering as spelling mistakes and 'typos' cannot be corrected or refunded.
VAT and Payment Currency:
VAT will be chargeable to UK and EU clients. VAT is not applicable to clients in the rest of the world.
If you are a VAT registered business in another EU member state then you must supply your VAT registration number for VAT to be zero-rated. If your VAT registration number is not supplied or cannot be confirmed as valid then VAT at the UK rate will apply.
4DPrime does not provide paper or hard-copy invoices. PDF invoices are sent via email. Overdue invoices will incur current bank rate interest charges plus 2%.
Domain Name Expiry and Redemption Fee's:
4DPrime is not liable for expiry or loss of your domain name.
We strongly recommend keeping an eye on your renewal dates. On the date a domain expires it will be deactivated by the registry, and no longer display your website. Once a domain is deactivated upon expiry you will typically have somewhere between 5 and 30 days to contact us to renew the domain name at our regular renewal rates before it drops into "redemption period" where the cost to renew then increases substantially. Note that some registries (such as .EU) place an expired domain into redemption immediately.
Redemption Period - Once a domain is in the "redemption period" the cost to renew it increases. This is a cost charged by the registry and passed on to you by us. Redemption periods last between 30 and 60 days, and then the domain is released to the public so anyone can re-register your domain and you will lose it.
Any domain name registered by 4DPrime (as your registrar) is yours to keep. You can transfer your domain name to a different registrar at any time once the domain is 90 days old - Newly registered domains do have a 90 day waiting period where they cannot be transferred from 4DPrime to a different registrar.
The same 90 day 'no transfer' window applies when an expired domain is renewed or restored after being in the registry redemption period. Once 90 days have passed from renewing such domains they are then free to be transferred again.
Premium and Reserved Domains
Some domain names are classed as "premium" by the registries that operate them and although they may show up in availability results they cannot be registered at our usual rates. Similarly some registries reserve domains so they may only be registered under certain conditions that are checked after placing an order. If you attempt to register a domain name that is either premium or reserved then our sales team will contact you as the order may need to be cancelled or further details discussed.
Any attempts to undermine, slander, libel, threaten, or cause harm to a 4DPrime server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Refusal of Service:
4DPrime reserves the right at its sole discretion to refuse or cancel service. Violation of any of 4DPrime's TOS could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.
Information Disclosure Policy:
4DPrime will not otherwise disclose its customers' personal and account information unless 4DPrime has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of 4DPrime, 4DPrime' customers, or others, or where 4DPrime has a good faith belief that the law requires such disclosure.
4DPrime also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail, electronic communications, or other electronic data that 4DPrime stores or transmits for its customers. The circumstances under which 4DPrime will disclose such electronic customer communications or data are when: * it is necessary in order to provide service to the customer * it is necessary to protect the legitimate interests of 4DPrime and its customers * it is required to cooperate with dispute policies, court orders, warrants, or other legal processes that 4DPrime determines in its sole discretion to be valid and enforceable * it is necessary to provide to a law enforcement agency when the contents appear to pertain to the commission of a crime.
It is the policy of 4DPrime to not disclose any personal information or account data to third parties without prior consent of the individual unless instructed to do so by a court of law or other legal warrant/document.
4DPrime will in the normal course of its business collect personal information from clients and prospective clients, for the purposes of billing, customer service, provision of information, as well as other legitimate business reasons. This information may be stored in a number of ways including electronic and paper formats.
We may also store information about you using cookies which we can later access when you visit our websites at a later date. If you want to delete any cookies that are already on your computer, please refer to your system administrator who will be able to help you locate and remove these cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer's instructions by clicking "Help" in your browser menu. Please note that taking either of these measures may prevent you accessing features offered from our sites.
As with most websites, when you visit one of our sites, we will log your IP address and time of access which may be used later for research or fault investigation processes.
4DPrime always strives to provide the highest standards of customer service. However, in the unlikely event of you having a complaint we will always do everything possible to ensure it is dealt with quickly and fairly.
Please contact us on the telephone number below to speak to someone from the department you feel is most relevant to your complaint (support, sales or billing).
Telephone: +44(0)1376 350001
If our team are unable to resolve your complaint they will refer the issue to someone at director level. Upon receipt of your complaint the director will investigate thoroughly and respond back to you directly.
If you prefer to put the complaint in writing please use our UK postal address below:
Soft Idiom Limited, Greenhoe Lodge, 65 Greenhoe Place, Swaffham, Norfolk, PE37 7EX.
Please include your account domain name and as much detail as possible in your request, so we can fully investigate your concerns before contacting you. Finally, please note that postal complaints may take longer to process and we would always advise customers (wherever possible) to contact us directly by email or telephone.
Customer agrees that it shall defend, indemnify, save and hold 4DPrime (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against 4DPrime, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless 4DPrime against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with 4DPrime server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of 4DPrime to the amount paid for service.
4DPrime will not be responsible for any damages your business may suffer. 4DPrime makes no warranties of any kind, expressed or implied for services we provide. 4DPrime disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by 4DPrime and its employees. 4DPrime makes no "uptime" guarantees. The Client agrees that 4DPrime shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that 4DPrime's liability for its own negligence is zero, and 4DPrime may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall 4DPrime be liable for any special or consequential damages, loss of revenue or injury.
4DPrime can accept no responsibility for any loss of data or consequences arising from this. 4DPrime always advises clients to back up their site data regularly for their own protection. 4DPrime does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan.
All communications (emails, verbal or written) are between 4DPrime and the client. These communications are private and are therefore not to be shared with any other parties.
Finally, 4DPrime wishes to emphasize that in accepting services, customers indemnify 4DPrime for the violation of any law or 4DPrime policy that results in loss to 4DPrime or the bringing of any claim against 4DPrime. This means that if 4DPrime is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against 4DPrime, plus costs and reasonable legal fees.