fbpx

Policies

/Policies
Policies2018-05-14T13:19:02+00:00

Privacy Policy

Our privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how Pro Tech North collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign in to your client area or purchase a product / service.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

This privacy notice supplements any other notices and is not intended to override them.

Controller

Pro Tech North is the controller and responsible for your personal data (collectively referred to as Pro Tech North, “we”, “us” or “our” in this privacy notice).

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us using the details set out below.

Pro Tech North contact details

Name: Mark Milton

Postal address: Hill Street, Portsoy, AB45 2PL, Aberdeenshire

Telephone number: 01261 838282

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 13th May 2018

The data protection law in the UK will change on 25 May 2018.

It is important that the personal data we hold about you is accurate and current.

Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications.

Clicking on those links or enabling those connections may allow third parties to collect or share data about you.

We do not control these third-party websites and are not responsible for their privacy statements.

When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified.

It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose.

Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.

For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.

However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services).

In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise.

This includes personal data you provide when you:

  1. apply for our products or services;
  2. create an account on our website;
  3. subscribe to our service or publications;
  4. request marketing to be sent to you;
  5. enter a competition, promotion or survey; or
  6. give us some feedback.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
  • We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from the following parties:
  1. Analytics providers;
  2. Affiliate network providers;
  3. Advertising networks; and
  4. Search information providers.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  • Identity and Contact Data from data brokers or aggregators.
  • Identity and Contact Data from publicly availably sources.

4. How we use your personal data

We will only use your personal data when the law allows us to.

Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract, we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than to respond to an enquiry you make to us via our website where by making the enquiry you consent to us using any personal data provided for the purposes of dealing with and responding to that enquiry, or in relation to sending third party direct marketing communications to you via email or text message.

You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose / ActivityType of DataLawful basis for processing including basic of legitimate interest
To register you as a new customer1.Identity

2. Contact

Performance of a contract with you
To Process and deliver your order including:
1. Manage payments, fees and charges
2. Collect and recover money owed to us
1. Identify2. Contact

3. Financial

4. Transaction

5. Marketing and communications

1. Performance of a contract with you2. Necessary for our legitimate interests (to recover debts due to us)
To Manage our relationship with you which will include:
1. Notifying you about changes to our terms or privacy policy
2. Asking you to leave a review or take a survey
1. Identity
2. Contact
3. Profile
4. Marketing and communications
1. Performance of a contract with you
2. Necessary to comply with a legal obligation
3. Necessary for our legitimate interests (to keep our records updated and study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey.1. Identity
2. Contact
3. Profile
4. Usage
5. Marketing and Communications
1. Performance of a contract
2. Necessary for our legitimate interest (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (Including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)1. Identity
2. Contact
3. Technical
1. Necessary of our legitimate interest (for running our business, provision of administration and IT services, network security and to prevent fraud)
2. Necessary to comply with legal o obligation
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences1. Technical
2. Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you1. Identity
2. Contact
3. Technical
4. Usage
5. Profile
Necessary for our Legitimate interests (to develop our product/services and grow our business)
To deal with general enquiry1. Identity
2. Contact
1. Consent
2. Necessary for our legitimate interests (to communicate with out customers, partners and our third parties)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

Opting Out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

For more information about the cookies we use, please see our cookie policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes:

  • Internal Third Parties
  • External Third Parties

We require all third parties to respect the security of your personal data and to treat it in accordance with the law.

We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

We share your personal data within 3rd party suppliers where required and listed specifically within our Glossary.

This might involve transferring your data outside the European Economic Area (EEA).

We ensure your personal data is protected by requiring all our 3rd parties to follow the same rules when processing your personal data.

These rules are called “binding corporate rules”. For further details, see European Commission: Binding corporate rules.

Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know.

They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for [six] years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see [Request erasure] below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

External Third Parties

  • Service providers acting as processors who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
  • External third parties who provide electronic / computing services, as listed below:
NameType of ServiceData Processed
QuickbooksAccountancy SoftwareCustomer details including name, address and email address.
Tawk.toLive Chat ServiceName, email address and any live chat discussion.
GoogleAnalytics
StripePayment ProcessorCustomer name, address and card information for purpose of payment processing
Maxmind Inc.Digital MappingCustomer name, address, email address and IP for fraud verification /prevention.
Hotjar LtdVisitor Session Recording Service
ResellerclubDomain Name ServiceCustomer name, address and email address
NamecheapSSL ServiceCustomer name, address and email address
HetznerServer Provider
Kyrstal Hosting LtdDomain Name ServiceCustomer name, address and email address
Company NameType of ServiceData Processed
QuickbooksAccountancy SoftwareCustomer details including name, address and email address
Tawk.toLive Chat ServiceName, email address and any live chat discussion
GoogleAnalyticsIP Address
StripePayment ProcessorCustomer name, address and card information for purpose of payment processing
Maxmind Inc.Fraud PreventionCustomer name, address, email address and IP for fraud verification/prevention
Hotjar LtdVisitor Session Recording ServiceDevice IP Address (Captured and stored in an anonymized format)
Domain Name & SSL ServiceCustomer name, address and email address

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Refund Policy

We have prepared this Refund Policy to explain when you can request a refund with respect to products and services acquired from Pro Tech North.

General Terms

General terms apply to all refund eligible Services. In addition, there may be special term(s) that apply to a specific product and/or service and those are outlined below.

  • In no event is the same Service eligible for more than one refund.
  • Service(s) must be cancelled before we can issue a refund.
  • No refund will be made if your Service(s) are suspended or terminated for cause.
  • If purchased Service(s) include free domain name registration as part of a promotion or sale of the Service(s), and you cancel the purchased Service(s), the standard price for the domain name will be deducted from the refund amount. If the refund amount is less than the standard price for the domain, you must either elect to pay the difference or forfeit the domain, in which case, ownership of the domain will revert back to Pro Tech North.
  • All refunds are processed in Pound Stirling: you, the customer, bear sole responsibility for any fluctuations in the exchange rate(s) between the time of payment and the time of refund.
  • Unless you request otherwise, refunds will be credited to your Pro Tech North account balance. Purchases made using Pro Tech North account funds can only be refunded as account credit. Purchases made by credit card may be refundable to the source of payment. Pro Tech North is not responsible for any additional charges imposed by your credit card company in the case of refund.
  • Any processing fee(s) will be deducted from a refund.

Additional refund requirements may apply based on specific terms and conditions notified to you when purchasing any Service(s).

Special Terms

Domain Name Registration

  • Unless this Refund Policy specifically provides for a refund, all fees for domain name registrations and related domain name Service(s) 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 then current registration term.
  • New domain name registrations may be refundable, at the sole discretion of Pro Tech North, if you, the registrant, cancel the domain name registration for a valid reason and the cancellation is processed within 1 days (24 hours) after registration. Please note that, in some cases, cancellation and refund are not available for new domain registrations due to restrictions imposed by the applicable registry or registry operating company.
  • No refunds are available for fees paid for After Market Domain Names unless your After Market Domain Name registration is rejected or cancelled by Pro Tech North, the registry or the third party seller.
  • No refunds are available for fees paid for Premium Domain(s).
  • No refunds are available for fees paid for any of the following:
    • Additional fees paid for Pre-Orders, Sunrise or Landrush periods or participation in an Early Access Program; or
    • Fees paid for related Service(s) such as a Whois Protection subscription for the domain in question.
  • In the case of an unsuccessful attempt to transfer a domain name to Pro Tech North, we will automatically refund any fees paid as an account credit.

Web Hosting

  • Unless this Refund Policy specifically provides for a refund, all fees for Web Hosting and related Service(s) are non-refundable, in whole or in part, even if your Web Hosting Service(s) are suspended or terminated prior to the end of your then current contract term.
  • Package fees for Shared Hosting and VPS Hosting may be refundable, at the sole discretion of Pro Tech North, if you, the account holder, cancel within fourteen (14) days after purchase.
  • No refunds are available for the following:
    • Any additional features, services or upgrades added to your Web Hosting package and purchased at additional fee;
    • Any fees related to domain name registrations associated with your Web Hosting package;
    • Any renewals of Web Hosting and related Service(s).

Email Hosting

  • Unless this Refund Policy specifically provides for a refund, all fees for email hosting and related Service(s) are non-refundable, in whole or in part, even if your email hosting Service(s) are suspended or terminated prior to the end of your then current contract term.
  • If you purchase Email Hosting Services for a domain name not registered with Pro Tech North, you must confirm your ownership of the associated domain name. If you fail to provide satisfactory proof of ownership (or domain access rights) within forty-eight (48) hours from purchase, the purchased Service(s) will be cancelled and fifty (50) percent of any fees paid will be automatically refunded as an account credit.

SSL Certificates

  • Unless this Refund Policy specifically provides for a refund, all fees for SSL Certificates are non-refundable, in whole or in part.
  • If a refund is available, fees for SSL Certificates will be refunded in the form of an account credit.
  • In order to qualify for a refund you must do one of the following within fourteen (14) days after purchase: that is, you must 1) obtain issuance and thereafter make a written request for a refund within fourteen (14) days of that date; 2) attempt at issuance and be unsuccessful, in which case the refund will be credited to your account; or 3) make no attempt at issuance but make a written refund request to Pro Tech North.

Non-refundable Services

All other Services are non-refundable, including but not limited to:

  • Transfers or renewals of domain name registrations;
  • Fees for recovery or reactivation of domain names;
  • Dedicated IP Addresses;
  • Whois Protection subscriptions;
  • Any Services purchased or acquired at a reduced fee or on promotion; or
  • Any fees paid by you to Pro Tech North for providing non-service related support.

Refund Requests

If you think you are eligible for a refund, you can submit a support ticket here. You must include the following information in your request:

  • Why you are asking for a refund;
  • Transaction identifying information (e.g. account username, support pin, transaction number, domain name, date of purchase); and
  • Any additional information the Customer Service team asks for in order to process your refund request.

Contacts

If you have questions about our Refund Policy, you can contact Pro Tech North at [email protected]

You may also contact us at:

Pro Tech North,
Hill Street,
Portsoy,
Aberdeenshire,
AB45 2PL

01261 838282

Headings

The section headings appearing in this Policy are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

Notification of Changes

We reserve the right to change these conditions from time to time as it sees fit and your continued use of the site and our services will signify your acceptance of any adjustment to these terms.

Pro Tech North may change these terms without notice and notification to our clients. You are therefore advised to re-read this statement on a regular basis

Last Updated: 1st May 2018

Acceptable Use Policy (AUP)

This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to Pro Tech North. This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Pro Tech North. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Pro Tech North service(s) or products or to cancel Your Pro Tech North service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Pro Tech North’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.

Sharing of Information

As a condition of purchasing and using hosting plans, you acknowledge and agree that Pro Tech North may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (a) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletter & marketing communication, and (b) Information Pro Tech North gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites. This information allows Us to better tailor Our content to users’ needs and to help Our advertisers and sponsors better understand the demographics of Our audience. Under no circumstances does Pro Tech North divulge any information about an individual user to a third party. Further information regarding the nature of information shared by Pro Tech North can be obtained by reviewing the Privacy Policy. You acknowledge and agree that Your name and justification may be disclosed to certain registries.

User Obligations

You represent and warrant to Pro Tech North that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Pro Tech North shall not be used in connection with any illegal activity.

You expressly (i) grant to Pro Tech North a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Pro Tech North under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.

Network Interruptions

Pro Tech North will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Pro Tech North be liable to You for any damages resulting from or related to any failure or delay of Pro Tech North in providing access to the Internet under this Agreement. In no event shall Pro Tech North be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Pro Tech North under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.

Accounts

This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Pro Tech North account may not be transferred without prior written approval from Pro Tech North.

IP Addresses

Pro Tech North assigns to You an Internet Protocol (“IP”) address in connection with Your use of the Pro Tech North services. The right to use that IP address will remain with and belong only to Pro Tech North, and You will have no right to use that IP address except as allowed by Pro Tech North in its sole and absolute discretion.

Payment Terms

  • You may receive a full refund if Your account is cancelled within the initial 14 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated servers, dedicated IP addresses, SSL certificates, renewals, any licenses (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees.
  • Pro Tech North may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
  • If Your account becomes overdue, the account will be suspended. And it won’t be reactivated until the outstanding balance is paid in full. If outstanding balance is not paid by You within 30 days after Your hosting account’s billing date for shared hosting accounts Pro Tech North reserves the right to terminate Your services for non-payment.
  • If an account is found to be in violation of the Terms of Service it will be terminated immediately and all payments forfeited.
  • Backups of new/changed data are made weekly for shared servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is Your responsibility to maintain local copies of their web content and information. A “Backup/Restore” feature is included with each hosting plan and You can use this tool to back up Your files. If loss of data occurs due to an error of Pro Tech North, We will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, Pro Tech North will attempt to recover the data from the most recent archive for a minimum of £20.

Secure Shell (“SSH”) Access

To request SSH access You need to contact technical support. Upon completion of said terms You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.

Prohibited Activities

By using any Services, provided by Pro Tech North You agree:

  • Not to violate the laws, regulations, ordinances or other such requirements.
  • Not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
  • Not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
  • Not to make, attempt or allow any unauthorized access to Pro Tech North website, servers, your own hosting account or the account of any other customers of Pro Tech North.
  • Not to allow any remote code execution of malicious software through the hosting account provided by Pro Tech North.
  • Not to cause denial of service attacks, port scans or other endangering and invasive procedures against Pro Tech North servers and facilities or the servers and facilities of other network hosts or Internet users.
  • Not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
  • Not to use Pro Tech North services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
  • Not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
  • Not to engage in or to instigate actions that cause harm to Pro Tech North or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Pro Tech North reserves the right to refuse service to anyone upon Our discretion. Any material that in Pro Tech North judgment, is either obscene or threatening is strictly prohibited and will be removed from Pro Tech North servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Pro Tech North will take corrective action upon our own discretion and will notify You. Pro Tech North decision in such case is binding and final, and cannot be a subject of a further change. Pro Tech North cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Pro Tech North or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Pro Tech North will not be liable for any loss or damages in such cases.
  • Not to promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.

At its discretion, Pro Tech North can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

Email and Anti-Spam Policy

You must comply with the CAN-SPAM Act of 2003, The Privacy and Electronic Communications Regulations Act 2013 (PECR) and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Pro Tech North. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Pro Tech North prohibits the following activities listed without limitation hereunder:

  • Usage of the Pro Tech North network and systems to receive replies to unsolicited mass e-mail messages.
  • Forgery of e-mail headers (i.e.”spoofing”).
  • Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
  • Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
  • Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
  • Hosting any web pages or providing any services that support spam.
  • Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
  • Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.

If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a £500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.

We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.

Additional Acceptable Use Policy for Shared Hosting Accounts

Server Resource Provision
Your use of the server resources shall not endanger the capacity and operation of the shared server. Any shared account may use no more than:
• 20 processes
• 1GB memory
• 20% of CPU time
We may allow any shared / reseller account to burst up to
• 4GB memory
• 100% CPU time
The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.

The decision to upgrade shall rest solely with Pro Tech North and shall be made in its reasonable discretion.
For all account packages:
• No script may use 25% or more of system resources for 60 seconds or longer;
• Running stand-alone, unattached server side processes/daemons is strictly prohibited
• Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
• Running any bit-torrent / P2P application is strictly prohibited
• Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited
• Running of public file exchange services is strictly prohibited

Pro Tech North staff may use the following tools at our discretion to identify use of system resources:
• Conventional UNIX system tools, like ‘ps’, ‘top’, ‘iostat’ etc
• MySQL/PostgreSQL stats reporting features
• cPanel report
• Resource usage alerts from CSF/LFD server security system

Disk Usage Provision
The content on your website must be linked from an HTML or similarly coded web page with all content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and php files.
The number of inodes employed by one shared hosting account must not exceed 600,000.
Downloadable files, media, databases must comply with the following limitations:
• NO more than 10GB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files;
• NO more than 10GB of a shared hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium;
• NO more than 10GB of a shared hosting account can be allocated to databases and database dumps including but not limited to .sql files;
• NO more than 10GB of a shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program.

Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.

Under its sole discretion, Pro Tech North reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with Pro Tech North and shall be made in its reasonable discretion.

Backup Limitations
Any shared hosting account that uses more than 20GB of disk space or contains more than 200,000 inodes will be removed from our weekly system backup. Any user whose hosting account is using more than 20GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining the copy of his/her account.
Softaculous backups created manually are stored for 28 days. Once this period is over, backup will be removed from the server and no copy will exist. Additionally, when using backup rotation option, you are allowed to set 10 copies maximum per each script you have installed using Softaculous. The eleventh copy of your site will replace the earliest backup file, the first one, generated for the website installation.

Use of Email Services
You should use email and other related services in full compliance with the terms below:
The following limits apply to Hosting accounts in order to safeguard overall server performance:
• You may send and/or forward up to:
o 500 emails per hour per domain.
• For Shared Hosting accounts, email storage shall not exceed the defined account limit.
• For IMAP/POP3 mailboxes, You may perform up to 100 email checks per hour.
Pro Tech North may, at its sole discretion, limit the volume of email messages You can deliver through our services. Pro Tech North may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services. Pro Tech North may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will Pro Tech North be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.

Upgrade to VPS
Each hosting account can be upgraded to a VPS (Virtual Private Server). The upgrade is performed by Pro Tech North after You have paid the first month fee. The fee depends on the VPS type chosen by You and is non- refundable. Prorate amount for unused time of the shared hosting account will not be refunded, it will be added to Your account balance in the event of upgrade to VPS. Once the account is transferred to the VPS the hosting account is terminated and the new VPS account use is governed by the paragraph 11 of this Agreement accordingly.

IPv4 Address Usage Policy
Due to the exhaustion of the IPv4 address space we actively conserve IP address space by limiting the IP addresses each web hosting account can use.
Shared hosting accounts may request up to only 1 IP address.
All shared hosting accounts share a single IP Address as standard.
The IP address limit is a per account, not a per customer basis. Customers may hold multiple accounts to get access to additional IP addresses. We strongly urge customers to only use IP addresses for essential use and we do require justification for usage.

Additional Acceptance Use Policy for VPS Accounts

Use of Traffic (Bandwidth)
Your account monthly traffic is limited in accordance with the VPS Type. Additional Traffic can be ordered at £10.00 per 100 GB rate. The additional bandwidth is paid and applied on a monthly basis. The fee is non-refundable. If the monthly traffic limit is reached before the end of the month Your account will be suspended until the beginning of the next month.

Disc Space Use
Your account disc space is limited in accordance with the VPS Type. Up to 4 GB from the disc space is allocated to the VPS system files and this space cannot be used for storing Your content.

Additional Services

  • The initial and renewal fees for each VPS include the number of IPs in accordance with VPS type.
  • Additional IPs can be added to a VPS. In such a case Pro Tech North will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable.
  • You can order Additional RAM as extra features to Your VPS account(s). Pro Tech North will charge the appropriate fee for the additional RAM, depending on the amount of RAM ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. Renewal fee is due for the Additional RAM each month after the initial order, until the upgrade or the VPS account itself is cancelled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, Pro Tech North will remove the additional RAM or will suspend the whole VPS account until receiving additional RAM renewal payment.

Storage and Security

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Pro Tech North servers; and (iv) ensure the confidentiality of Your password.

  • Pro Tech North Web Hosting services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Pro Tech North shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
  • Pro Tech North Email Hosting services permit the use of data storage for data backups or archiving purposes. All files stored must be complaint with these conditions and all other Pro Tech North conditions. We reserve the right to delete your archives if they effect Our overall server performance and Pro Tech North shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
  • The services offered by Pro Tech North are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Pro Tech North Web Hosting Servers are PCI compliant but further compliance activity is required by Yourself.
  • Pro Tech North shall have no liability to You or any other person for Your use of Pro Tech North products and/or services in violation of these terms.

Transfer of Content

In the event You terminate this Agreement or Your use of Pro Tech North products and/or services, then moving Your server content off of the Pro Tech North servers is Your responsibility. Pro Tech North will not transfer or FTP Your server content to another provider. In the event Your use of Pro Tech North products and/or services is terminated, Pro Tech North will not transfer or manage Your services or Your content.

Third-Party Software

Pro Tech North provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Pro Tech North does not take responsibility for any faults in such software functioning.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Pro Tech North. Your use of any third party software is at Your own risk. Pro Tech North cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Pro Tech North will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

Pro tech North Reservation of Rights

Pro Tech North explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Pro Tech North; (ii) establish limits and guidelines concerning the use of Pro Tech North services and/or products; (iii) terminate Your use of Pro Tech North services and/or products for use of Pro Tech North services and/or products to unnecessarily or illegally harass Pro Tech North or third parties, non-payment of fees for Pro Tech North services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United Kingdom and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Pro Tech North, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Pro Tech North determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Pro Tech North services and/or products if Your use of Pro Tech North services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Pro Tech North or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of Pro Tech North services and/or products at any time and for any reason if deemed reasonably necessary by Pro Tech North. Pro Tech North has no obligation to monitor Your use of Pro Tech North services and/or products, but reserves the right in its sole discretion to do so.

Right of Refusal

Pro Tech North has the right to refuse services to anyone at Our discretion.

Limitation of Liability; Waiver and Release

The services offered by Pro Tech North are being provided on an “AS IS” and Pro Tech North expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Pro Tech North expressly does not warrant that Pro Tech North services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Pro Tech North shall create any warranty not expressly made herein. You agree that Pro Tech North will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Pro Tech North; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. Pro Tech North has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that Pro Tech North has no obligation to back-up any data related to your website unless Pro Tech North expressly agrees otherwise in writing or has expressly stated so on the website.

Indemnification

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Pro Tech North and all affiliates of Pro Tech North, and all officers, agents, employees, and representatives of Pro Tech North, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the Pro Tech North products and/or services by Pro Tech North and its agents and employees. Further, You agree to defend, indemnify and hold harmless Pro Tech North and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Pro Tech North’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Pro Tech North, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your licensed Pro Tech North website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets.

This indemnification is in addition to any indemnification required of You elsewhere. Should Pro Tech North be notified of a pending law suit, or receive notice of the filing of a law suit, Pro Tech North may seek a written confirmation from You concerning Your obligation to defend, indemnify Pro Tech North. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Pro Tech North shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Pro Tech North of any such claim promptly in writing and to allow Pro Tech North to control the proceedings. You agree to cooperate fully with Pro Tech North during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.

Trademark and Copyright Claims

Pro Tech North is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent Pro Tech North receives a proper notice of infringement of copyright, trademark or other intellectual property, Pro Tech North reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Pro Tech North believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

Pro Tech North expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Pro Tech North also reserve the right to terminate an account or subscriber for even one instance of infringement.

Proper notice of infringement shall include the following information in writing to Pro Tech North:

  • The electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
  • Identification of the work that has been infringed;
  • An identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Pro Tech North to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Pro Tech North to locate that reference or link;
  • Your name, address, telephone number, and email address;
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
  • A statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder.

Notice of infringement must be sent to Pro Tech North to receive notification of claimed infringement as follows: Pro Tech North, Hill Street, Portsoy, Aberdeenshire, AB45 2PL.

Additional Reservation of Rights

Pro Tech North expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Pro Tech North in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Pro Tech North in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Pro Tech North, its officers, directors, employees and agents, as well as Pro Tech North’s affiliates.

In the event that Pro Tech North need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.

Governing Law and Jurisdiction for Disputes

Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United Kingdom. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United Kingdom.

Notices

You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name WHOIS information You have provided.

Legal Age

You attest that you are of legal age (18 or over) to enter into this Agreement.

No Agency Relationship

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

Enforceability

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

Assignment and Resale

Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Pro Tech North’s prior express written consent.

Force Majeure

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Pro Tech North, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Pro Tech North may immediately terminate this Agreement.

Headings

The section headings appearing in this Policy are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

Notification of Changes

We reserve the right to change these conditions from time to time as it sees fit and your continued use of the site and our services will signify your acceptance of any adjustment to these terms.

Pro Tech North may change these terms without notice and notification to our clients. You are therefore advised to re-read this statement on a regular basis

Last Updated: 1st May 2018