TO THE FULLEST EXTENT PERMITTED AT LAW, iSeek.ie IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, iSeek.ie DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.
Price and availability information is subject to change without notice.
Except as specifically stated on this Web site, to the fullest extent permitted at law, neither iSeek.ie nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, iSeek.ie does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of iSeek.ie, its affiliates, directors, employees or other representatives
Information Collected by iSeek.ie
Each time you visit the Site, two general levels of information about your visit may be retained by iSeek.ie: (1) non-personal information and (2) personal information.
(2) Personal InformationPersonal information is information which is personal or particular to a specific visitor who chooses to provide that information. This category would typically include information provided by you for subscriptions or competitions including your name, postal and email address and contact phone number.
Purposes for which we hold your data
We keep your personal and non-personal data for the following purposes:
(1) To communicate with you and provide you with marketing and product information;
(2) To personalise your visit to the Site;
(3) To track your movement through the Site (for marketing and advertising purposes);
(4) To notify you of competitions, ezines or other promotions;
(5) To provide information to our advertisers and business partners; and
(6) For the performance of any request by or contract with you.
We will process your personal information to administer your registration or subscription, determine your eligibility for certain services, provide services to you, and enable you to take advantage of other member benefits. Your information may also be used to verify your identity, to protect against fraud, and to send you updates about your account.
If you do not wish to receive communications from us or our business partners, please email us.
Transfer of Data
We may share personal information with our business partners if we are satisfied that it will only be used in accordance with the purposes described above. We will also disclose your personal information if we are legally required to do so or if it is reasonably necessary to protect and defend the rights or property of iSeek.ie.
We employ other companies and individuals to perform functions on our behalf. Examples include delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their functions, but may not use it for other purposes.
Unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, iSeek.ie cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we use our reasonable commercial efforts to ensure its security on our systems.
Terms & Conditions
This agreement represents the complete agreement and understanding between iSeek.ie: Global Web Services., (hereinafter called iSeek.ie) and the customer (hereinafter called ACCOUNT HOLDER) and supersedes any other written or oral agreement. Upon notice published on-line via iSeek.ie, iSeek.ie may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered.
1. Provision of services
- Service means – ANY act of serving the ACCOUNT HOLDER, being provided by iSeek.ie, regardless of its duration and whether it’s a paid service or a service for free.
- Without limiting the scope of item 1.a. above, iSeek.ie will provide services on its host computing systems to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.
- iSeek.ie Services are defined as the use by the ACCOUNT HOLDER of computing, telecommunications, software, and information services provided by iSeek.ie. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
- For existing customers only, iSeek.ie will publish a notice of fee increases 30 days before such increases take effect.
- iSeek.ie’s set-up fee does not include the InterNIC maintenance charge of US$70 for 2 years, or any other regional registrar domain registration fees.
2. Use of Material
- Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using iSeek.ie services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.
- As provided by Irish law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using iSeek.ie services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor neither can the author attribution notices nor the copyright notices be modified. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is copyright.
3. Use of Services
- The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary.
- The ACCOUNT HOLDER agrees to use the services provided by iSeek.ie as permitted by applicable local, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
- iSeek.ie reserves the right to refuse service to any new or existing customers and refund the remaining balance on the account, if any.
- The ACCOUNT HOLDER is solely responsible for any legal liability arising out of, or relating to, his/her web site at iSeek.ie. The ACCOUNT HOLDER represents and warrants to iSeek.ie that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not –
- violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
- Contain any material that is: unlawful, pornographic, of an adult nature, harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. ACCOUNT HOLDER agrees to indemnify and to hold iSeek.ie, and any third party entities related to iSeek.ie, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
- The ACCOUNT HOLDER’s breach of any of the forgoing representations and warranties, or
- Any other third party claim with respect thereto.
- The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER’s web site is at the sole discretion of iSeek.ie. iSeek.ie may at its sole discretion discontinue web site hosting service to any ACCOUNT HOLDER operating a web site that iSeek.ie deems to be in violation of Section (d.) of these Terms and Conditions.
The ACCOUNT HOLDER agrees to indemnify and hold iSeek.ie, its Executives, Directors, Officers, Managers, Employees, Consultants and Agents, harmless from any claims, including legal fees, resulting from the ACCOUNT HOLDER receiving iSeek.ie services which cause direct or indirect damage to another party.
5. LIMITED LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL iSeek.ie BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF iSeek.ie’S SERVICES, EVEN IF iSeek.ie HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL iSeek.ie’S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF iSeek.ie’S SERVICES.
- The ACCOUNT HOLDER acknowledges that iSeek.ie makes an honest effort to keep the information available on iSeek.ie’s systems accurate. However, iSeek.ie can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through iSeek.ie is at the risk of the ACCOUNT HOLDER.
- The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. iSeek.ie has no ability or authority over the material. iSeek.ie can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through iSeek.ie services is at the risk of the ACCOUNT HOLDER.
- The ACCOUNT HOLDER understands, agrees and acknowledges that iSeek.ie makes an honest effort to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, iSeek.ie can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. The use of these application(s), data and/or information obtained from or through iSeek.ie, or any other referred third-party, directly or indirectly, is at the risk of the ACCOUNT HOLDERS
6. Payment of fees and penalties
- The iSeek.ie accounting cycle begins on the 1st of each month. Charges for new accounts are prorated. Charges for terminating accounts are not prorated.
- Service payments will be submitted in advance of receiving services. The starting date of the billable period will be the earliest of – the day we receive the electronic order form, the day customer signs up via fax.
- The ACCOUNT HOLDER acknowledges that he/she is responsible to initiate a payment in order to renew his/her service once the original service-period was ended.
- Payment is due at beginning of each accounting cycle.
- Delinquent accounts are those that remain unpaid 5 days after beginning of accounting cycle.
- Accounts that are delinquent are put on “accounting hold” and may not be used. Accounts that are unpaid for a whole accounting cycle automatically have their files archived. Accounts that are unpaid for 2 accounting cycles have their files purged. iSeek.ie accounts continue to accrue charges while they are on hold.
- There is a service re connection charge equal to one half the currently charged set-up fee to remove accounts from accounting hold status.
- The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.
- In the case where a domain name is requested and registered on behalf of a client, and the client subsequently fails to pay – iSeek.ie shall NOT transfer ownership of the domain name until payment is received in full (including any associated costs), or the domain expires. iSeek.ie shall not release domain names which have not been paid for, nor will any modifications, DNS changes, or contact changes be carried out.
- There is a €20.00 service charge for each returned check.
- Trades, Charity and Promotional accounts are NOT qualified for our special discount on advance payment.
- The ACCOUNT HOLDER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. iSeek.ie has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.
7. “NOT-TO-RENEW” Requests
- For ACCOUNT HOLDERs that pay on a MONTHLY basis ONLY – “NOT-TO-RENEW” requests for iSeek.ie accounts must be given via a telephone call to iSeek.ie’s main office(Telephone number available on the contact section of iSeek.ie’s website). Such requests must be received by 5PM GMT on the 15th of month, in order to be processed by the end of the same month.
- For ACCOUNT HOLDERs that pay on a NON-MONTHLY basis (3,6 and 12 months) ONLY – “NOT-TO-RENEW” requests for iSeek.ie accounts must be given via a telephone call to iSeek.ie’s main office. Such requests must be received by 5PM GMT 15 DAYS before the account’s anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge).
- All iSeek.ie accounts must be paid in full before the transaction will be considered complete.
- Cancellations will NOT generate ANY refund.
8. Abuse of Services
- Any use of iSeek.ie system resources that disrupts the normal use of the system for other iSeek.ie customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, iSeek.ie forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot (without permission) and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes.
- Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have their account suspended by iSeek.ie Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with iSeek.ie Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager.
- Violations of any of the iSeek.ie conditions of use are unethical and may be criminal offences. You are expected to report to iSeek.ie any information you may have concerning instances in which the conditions of use have been or are being violated. When iSeek.ie becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorised activity, iSeek.ie may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a re connection charge €65. In the case of SPAM, iSeek.ie will charge a €1000 ‘clean-up’ fee, before any domain and/or files will be released.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with iSeek.ie, either in whole or in part, without the prior written consent of iSeek.ie. iSeek.ie may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, and sale of all or substantially all of iSeek.ie’s assets or other corporate reorganisation.
10. Complete Understanding/Modification
These Terms & Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and iSeek.ie, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the ACCOUNT HOLDER, will be effective only if accepted in writing and signed by iSeek.ie.