Heart Internet Ltd Terms and Conditions
Terms and Conditions
This page was last updated: 16 Aug 2024
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply our services described on our website www.heartinternet.uk (“Site”) to you (“Services”). Our primary services are a domain name registration and renewal service (“Domain Registration and Renewal Service”) or our website hosting service (“Hosting Service”). These terms and conditions also contain additional provisions applicable to the use, in the European Union ("EU"), of the Site and/or of the provision, in the EU or to EU users of intermediary services which fall within the scope of the EU Digital Services Act ("DSA Services"). These notably include certain Hosting Services, Domain Registration and Renewal Services provided by Heart Internet Limited in the EU.
These terms and conditions apply (i) to the Contract (as defined below) between you and us, and, (ii) irrespective of the existence of any Contract, as regards the European Union Digital Services Act ("DSA") Supplemental Terms of Service, to the contractual relationship between any user of the Site and/or the DSA Services and us.
Please read these terms and conditions carefully before ordering any Services from our Site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
Please read through these terms and conditions carefully and print a copy for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our Site.
1. Privacy policy and newsletter
- You acknowledge and agree to be bound by the terms of our privacy policy.
- By placing an order for the Services, you consent to us sending to you our regular newsletter. This newsletter is our primary method of communicating with you and will inform you of changes to our Site, notify you of planned outages and updates, and keep you informed about our services generally.
2. Information about us
www.heartinternet.uk is a site operated by Heart Internet Limited (“we”, “us” and “our”). We are registered in England and Wales under company number 15319281 and have our registered office at Heart Internet Ltd, Unit 4-5, Tristram Centre, Brown Ln W, Holbeck, Leeds LS12 6BF. Our trading address is Heart Internet Ltd, Unit 4-5, Tristram Centre, Brown Ln W, Holbeck, Leeds LS12 6BF.
3. Your status
- By placing an order through our Site, you warrant that:
- you are legally capable of entering into binding contracts
- you are at least 18 years old.
- If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.
4. The order process
- You can only place an order for the Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. You agree that we may block access to your account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password secret at all times and not allow anyone else to use it. You must contact us immediately if you believe your user name and password has become known to someone else.
- Before you submit an order (by clicking the “Submit Order” button) you will be shown your order on screen including details of the Services you wish to order and the price payable. You will then have an opportunity to identify and correct any input errors in your order for the Services.
- You will only be allowed to submit an order once you have registered a credit card or debit card on your account or set up a paperless direct debit.
- After placing an order for the Services we will give you details of the Services you have ordered. We will send the same details to you in an email, together with an invoice, to the email address you provided when you registered your account with us.
- You can view copies of the invoices we have sent you and details of what you have purchased from our Site by logging into your account.
5. How the contract is formed between you and us
Heart Internet’s Controller to Processor Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the processing of Customer Data, including cross-border transfers of Customer Data will meet compliance under applicable data protection laws.
For the purposes of the Controller to Processor DPA and the standard contractual clauses attached to the DPA, as applicable, you are considered the data controller/data exporter, and your acceptance of the Terms of Service governing Services at the time of purchase of any Services will also be treated as your acknowledgement and acceptance of the Controller to Processor DPA (including the standard contractual clauses and its appendices, as applicable). If you wish to print, sign and return a physical copy of the Controller to Processor DPA, please send an email request to privacy@heartinternet.uk.
- After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to acceptance by us. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.
- The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed in a separate Acceptance Confirmation.
- Heart Internet offers certain hosted Services available to you that may involve the processing of personal data about you, your customers and/or web users (“Customer Data”) in the course of your use of these Services. Customer Data, for the purpose of this Section, excludes any User Content, Account information and usage data.
6. Our status & reseller status
- We may provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our Site will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
- If you have purchased Services aimed at resellers, we hereby grant you a limited, non-exclusive, non-transferable, revocable, worldwide licence to resell and make available certain of the Services and on the terms and conditions as set out in your Confirmation Order to your end clients (each, an “end customer”), provided that each end customer enter into an agreement (an “end customer agreement”) with you providing at least the same level of rights and protection to us as set out in this Contract and requiring each such end customer to comply with the applicable terms and conditions of this Contract, including all of your obligations, representations and warranties herein. Your end customer agreement must include an express provision that grants us third party rights under such agreement in accordance with this clause 6. You will be solely liable and responsible for the acts and omissions of your end customers, and we will not be responsible whatsoever, for any and all liabilities associated with any of your end customers (unless due to our own error).
- If you are a reseller of our Services, you are responsible for supporting your end customers, including but not limited to, making available the applicable resold Services to such end customers on the terms of this Contract, providing customer service, billing support and technical support. If you stop using your account with us, become unavailable or unresponsive to us and/or your end customers (such as ceasing to manage your end customer accounts and/or end customer domain name registrations that you manage as part of the Services you have resold to them), or this Contract is suspended and/or terminated by us for any such reason, we may, but are not obligated to, directly engage with, and assume direct control over the relationship with any of your end customers. Accordingly, we reserve the right to contact your end customers directly (such as via accessing your account if necessary) to procure the continuation of the applicable Services directly to them, such as to procure a registrant’s domain name renewal with us or to set up a new email account directly with us. Upon subscription for our applicable Services, such end customer will become, or otherwise be deemed to become, our direct customer and your end customer agreement with them shall cease.
- Before taking any such action listed in this clause 6, we will contact you and issue you with written notice, such as via a ticket, to your contact details as provided to us in your account, with such notice specifying the breach of your obligations and requiring it to be remedied within the time period as set out in the notice before we take any such action. We shall use our reasonable endeavours to provide you with as much advance written notice of our intended action as reasonably practicable but this will depend on the circumstances.
- We also reserve the right to transfer any domain away from you with the consent of the administrative contact of the applicable registrant of your end customer.
- For the avoidance of doubt, unless a domain name holder initiates a change of registrar, all registrants that have domain names registered with us as the registrar at the time of expiration or termination of this Contract in accordance with clause 6(3) will become, or otherwise be deemed to become, our exclusive customer, and you will not make any claim or assert any right thereto. Accordingly, and in accordance with our terms, immediately upon such termination of this Contract, you shall transfer to us (as the registrar) all information deemed necessary by us regarding the registered name holder.
7. Consumer rights
- If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within fourteen (14) working days, beginning on the day after you received the Acceptance Confirmation. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.
- This provision does not otherwise affect your statutory rights.
8. Our limited money back guarantee
- Once the Contract has been formed you may, subject to clause 8.2, only cancel the Contract in relation to the SSL Certificate and Hosting Service you have purchased (unless your Hosting Service includes the use of a dedicated hosting server or VPS/Hybrid Server in which case you may not cancel the Contract). In such cases, you may cancel at any time within thirty (30) days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the SSL Certificates or Hosting Service you have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.
- To cancel the Contract under clause 8.1, you must inform us in writing through our support ticket system https://customer.heartinternet.uk/manage/ticket.cgi before the end of the thirty (30) day period mentioned in clause 8.1. As part of our cancellation process, we will respond to you via our support ticket system to confirm your cancellation request. You must re-confirm your cancellation request via our support ticket system or we will continue to supply the SSL Certificate or Hosting Service and your cancellation under clause 8.1 will be ineffective.
- You will not have any right under clause 8.1 to cancel the Contract for the supply of any other Services other than that noted in clause 8.1. Therefore, the Services which may not be cancelled include (but are not limited to):
- Hosting Services where you request a dedicated hosting server
- Domain Registration and Renewal Services
- Other ‘add on’ products.
9. Price and payment
- The price of any Services will be as quoted on our Site from time to time, except in cases of obvious error. These prices exclude VAT.
- The total cost of your order of the Services will be set out clearly in your Shopping Basket before you submit your order for the Services.
- Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price increase comes into force. Any such price increase will not be effective until the Minimum Term (as defined in clause 20.3) expires. If you do not agree to such price changes, please cancel your Services in accordance with clause 20.3.1. If you do not cancel, you will be deemed to have accepted the new prices, and they will be charged to the credit card, debit card or other payment method registered to your account.
- Our Site contains the details of a large number of Services, and it is always possible that, despite our best efforts, some of the Services listed on our website may be incorrectly priced. Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order. If a Service’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before accepting your order, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- You must register a payment method(s) for the services you have ordered before submitting your order. You may pay by credit or debit card, or alternatively, you may set up a paperless direct debit against your account. We will take payment from the payment method(s) you have registered against your account immediately upon sending you our Acceptance Confirmation or shortly thereafter. Notwithstanding the foregoing, any unused credit on your account may be taken in payment of the Services. Where the value of the unused credit is less than the total payment due, the remainder of the balance will be taken from the current payment method(s) on your account. If we subsequently reject your order, we will restore any credit used to your account and/or refund the payment you have made to the credit card, debit card or other account you used to make the payment.
- Please note that when purchasing a Service, you are obliged to pay for that Service for the whole of the Minimum Term (as defined in clause 20.3) that applies to it (unless you have cancelled the Service under clause 8.1) even though you may pay by monthly direct debit payments. Consequently, you must not cancel your direct debit payments without first cancelling your Services under clause 20.3.1.
- We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent and/or by taking appropriate legal action. If your outstanding payment is referred to our external debt recovery agent, then you may become liable for additional fees and charges, and you agree to pay such charges in addition to the outstanding amount owed to us.
- Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card, or direct debit registered against your account. Further, if your payment is still not authorised, we may, at our discretion, suspend or terminate any Services we provide to you from time to time, even if payment in respect of such Services is not outstanding.
10. Quality
- We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our Site will be provided with reasonable care and skill.
- We will not be liable for a breach of the warranty in clause 10.1 unless:
- You give written notice of the breach to us through our support ticket system https://customer.heartinternet.uk/manage/ticket.cgi
- We are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you.
- We will not be liable for a breach of the warranty in clause 10.1 if:
- The problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any).
- You alter the Services without our written consent.
- The problem arises because of misuse.
- Subject to clause 10.2 and clause 10.3, if we are in breach of the warranty in clause 10.1, we will, at our expense, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price. This constitutes your sole and exclusive remedy for any breach of the warranty set out in clause 10.1. Notwithstanding the foregoing, we do not warrant that your use of the Services will be uninterrupted or error-free.
- We reserve the right to modify the Services without notice to you, provided such modification does not adversely affect your access to, or use of, the Services or detract from the overall performance of the Services. Any change which may have such an adverse effect on you or may detract from the overall performance of the Services will be notified to you at least sixty (60) days prior to the change taking effect.
- You acknowledge that you have not relied on any statement, promise, or representation made or given by or on our behalf which is not set out on our Site or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.
11. Access to the Hosting Service
- You are responsible for making all arrangements necessary for you to have access to our Hosting Services. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy).
12. Hosting Service service levels
- We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase for ninety-nine point nine nine (99.99) per cent of each calendar month. We do not warrant access to our servers will be uninterrupted or error-free, but we shall use reasonable endeavours to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages through the system status page https://www.heartstatus.uk, on our Site and through our newsletter.
- Service credits are not given for any form of downtime or service unavailability.
13. IP addresses
- You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you, and any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
- If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.
- You agree that you shall have no right, title, or interest to any IP address upon expiry or termination of the Services, and that the acquisition by you of a new IP address following expiry or termination of the Services shall be solely your responsibility.
14. Back-up of your material and our servers
- It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers (“Material”) as part of your use of the Hosting Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
- We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We shall not be responsible for any loss, destruction, alteration or disclosure of your Material caused by any third party (except those third parties sub-contracted by us to perform services related to the back-up of our servers for which we shall remain liable under these terms and conditions).
15. Hosting Service Usage Limitations
- Your limitations are:
- your Material is linked into web pages
- you do not use the Hosting Service as a backup of, or repository for, your Material
- you maintain good housekeeping to maintain your Material
- you comply with our acceptable use policy https://www.heartinternet.uk/terms/acceptable-use-policy.
- The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you have to upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in the eXtend control panel https://www.extendcp.co.uk.
- Unless the Hosting Service package you order includes a dedicated server, you will only be allowed to use a maximum of five (5) per cent of our server’s processing capacity when using the Hosting Service package you order. At our absolute discretion, we may allow your usage to exceed this limitation, and we will speak to you about your hosting requirements if your usage has, or may have, a detrimental effect on our other customers.
- The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our Site at the time of your order. However, any mailboxes that have not been accessed for one hundred (100) clear days will be automatically deleted from our system.
- When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy and these are incorporated into the Contract by reference. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.
- We shall be entitled to terminate the Contract, or suspend or terminate the provision of any individual Services, if you are in breach of our Terms of Website Use or our Acceptable Use Policy.
16. Support
- If a problem has arisen with regard to the Services or your registered account, you can access support through our support ticket system https://customer.heartinternet.uk/manage/ticket.cgi.
- Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.
17. Domain Names
- Where the Contract includes our Domain Registration and Renewal Service:
- we will endeavour to procure the registration of the domain name you request
- we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name
- we shall not act as your agent or on your behalf in any dealings with domain name registry
- the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should obtain and consider https://www.heartinternet.uk/terms/
- you are responsible for ensuring that you are aware of the terms referred to in clause 17.1.4 so that you can comply with them
- the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top-level domain name registrar
- we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement
- you confirm and warrant that you are the owner of any trademark in any domain name (or have the authority of the owner of any trademark to use such name) that you have requested be registered.
- You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorized by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
- Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices thirty (30) days and seven (7) days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account. You hereby authorize us to automatically renew the domain name for you unless you have canceled the Domain Registration and Renewal Service in accordance with clause 20.1.1. The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.
- You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you. The locks that we may place on a domain include ‘clientDeleteProhibited’, ‘clientTransferProhibited’ and ‘clientUpdateProhibited’.
18. Intellectual Property Rights
- You, or your licensor, retain all intellectual property rights in your Material, and you grant to us a worldwide, non-exclusive, royalty-free licence to use, store and maintain your Material on our servers and publish your Material on the Internet for the purpose of providing the Hosting Service to you. You warrant that your Material does not infringe the intellectual property rights of any third party and you have the authority to grant the licence in this clause 18.1 to us. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your Material.
- You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your Material infringes, or allegedly infringes, the intellectual property rights of a third party.
- If you download software we own from our Site, we grant you a non-exclusive, non-transferable royalty-free licence to use that software for the purpose set out on our Site in relation to that software. Such licence will automatically terminate when we stop providing the Hosting Services to you.
- Any third-party software that you download from our Site shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third-party software as those licence terms are notified to you at the time you download such software.
- We retain all intellectual property rights in the Hosting Services (other than in your Material) and our software referred to in clause 18.3. Accordingly, you must not decompile, disassemble or reverse engineer the Hosting Services or our software.
- We will defend you against any claim that the Hosting Services (but not materials stored or maintained on our servers by third parties) infringe any United Kingdom intellectual property rights of a third party (other than infringements referred to in clause 18.2), and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
- you give prompt notice of any such claim
- you make no admissions or settlements without our prior written consent
- you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense
- we are given sole authority to defend or settle the claim.
- In the defence or settlement of the claim, we may obtain for you the right to continue using the Hosting Services, replace or modify the Hosting Services so that they become non-infringing or, if such remedies are not reasonably available, terminate the Contract immediately by notice in writing to you without any additional liability or obligation to pay liquidated damages or other additional costs to you.
- In no event shall we, our employees, agents and sub-contractors be liable to you to the extent that the alleged infringement is based on:
- a modification of the Hosting Services or Software by anyone other than us
- your use of the Hosting Services or Software in a manner contrary to the instructions given to you by us
- your use of the Hosting Services or Software after notice of the alleged or actual infringement from us or any appropriate authority.
- The foregoing and clause 19.4.2 state your sole and exclusive rights and remedies, and our (including our employees', agents' and sub-contractors’) entire obligations and liability, for infringement of any intellectual property right.
21. Deletion of your data
- If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.
- If you have purchased a Hosting Service aimed at resellers, your package will allow multiple accounts to be set up for your customers. If you disable any of these accounts and they remain disabled for fifty (50) clear days, we will immediately and permanently delete those disabled accounts (and all the data hosted in relation to them) from our system.
22. European Union Digital Services Act ("DSA") Supplemental Terms of Service
This clause 22 applies as from February 17, 2024, which is the date of entry into effect of the EU Digital Services Act.
- This clause 22 sets out provisions, processes and disclosures that supplement the rest of these terms and conditions, as required under the DSA, which regulates the provision of certain digital intermediary services provided in the EU and notably sets out rules on the role of providers and imposes content moderation requirements and transparency obligations. These provisions only apply to you if you are in the EU and / or if you are using the Site or DSA Services. In the event of any conflict between the terms set out in this clause 22 and the other provisions of these terms and conditions, the terms of clause 22 shall prevail.
- Rules of conduct. Users are prohibited from providing, publishing or transmitting content which is incompatible with or violates these terms and conditions (including without limitation clauses 15 of these terms and conditions, the Acceptable Use Policy and the Website Terms of Use) or any applicable laws in the EU or in any EU country ("Unauthorized Content").
- Content moderation overview. Heart Internet Limited may voluntarily take action against any Unauthorized Content in accordance with these terms and conditions (including without limitation clause 15 of these terms and conditions, the Acceptable Use Policy and the Website Terms of Use). In addition, Heart Internet Limited may receive notices through the Notice and Action Mechanism (described below) and orders from EU authorities reporting the presence of alleged illegal content on (or transmitted through) this Site or any DSA Services (including without limitation any website hosted by Heart Internet Limited). Heart Internet Limited will process these orders and notices, and take action based on the information provided. These actions may entail the restrictions mentioned in paragraph 5 below, or any other restrictions required by the relevant authority.
- Notifying alleged illegal content – Notice and Action Mechanism. You may report to Heart Internet Limited the presence, on this Site or on any DSA Service, of content that you consider to be illegal in the EU or any EU country through the mechanism accessible here: https://supportcenter.secureserver.net/abusereport/dsa (“Notice and Action Mechanism”). Depending on the nature of the DSA Service concerned by the notice, the way Heart Internet Limited processes and addresses such notice may differ.
- Restrictions. Heart Internet Limited may, at any time and in some cases, without prior notice, remove any Unauthorized Content provided on (or through) this Site or any DSA Service, or suspend or terminate access to a whole DSA Service (e.g., disabling a website hosted by Heart Internet Limited). In addition, with respect to “repeat offenders”, namely users frequently providing manifestly Unauthorized Content, Heart Internet Limited may suspend or terminate their access to this Site or to the DSA Services. Heart Internet Limited will generally issue a prior warning before any suspension, other than in exceptional cases or where Heart Internet Limited is otherwise legally required to take immediate action. When deciding on and applying such restrictions, Heart Internet Limited will act in a timely, diligent, non-arbitrary, objective and proportionate manner.
- Unfounded Notices. If any user frequently provides manifestly unfounded notices through the Notice and Action Mechanism, Heart Internet Limited may suspend the processing of its notices. Heart Internet Limited will generally issue a prior warning before any suspension, save for exceptional cases (as determined by Heart Internet Limited in its reasonable discretion) or where Heart Internet Limited is legally required to take immediate action.
- Measures and tools for review. Notices and orders are generally subject to human review. Heart Internet Limited may also use a machine learning model that helps process certain claims and detect phishing on websites hosted by Heart Internet Limited. Actions taken in response to notices and/or orders which relate to the provision of content by users of the DSA Service or visitors of the Site, if any, are generally subject to human review.
- Right to terminate the use of the DSA Services. You can terminate the use of the DSA Services at any time from your account page or by contacting Customer care.
- Content Moderation Decisions.
- This paragraph 9 may apply to you if:
- Your issue relates to the use of one of Heart Internet Limited's online platforms in the EU (meaning for instance a DSA Service involving the sale and purchase of aftermarket domain names); and
- Your issue concerns:
- a decision taken by Heart Internet Limited further to a notice you submitted to Heart Internet Limited regarding the presence of information considered to be illegal content on one of Heart Internet Limited's EU online platforms; and/or
- a decision taken by Heart Internet Limited to remove (or to not remove) content or to suspend, restrict or terminate (or to not suspend, restrict or terminate) access to one of Heart Internet Limited's EU online platform on the ground that you or any user of the service provided Unauthorized Content, (a “Content Moderation Decision”).
- If you disagree with a Content Moderation Decision, you may lodge a complaint against it with Heart Internet Limited. The complaint must be lodged within six (6) months from the date on which you are informed of the Content Moderation Decision. To lodge your complaint, you will need to respond to the email informing you of the Content Moderation Decision and provide any additional context or information for Heart Internet Limited to reassess the Content Moderation Decision. Heart Internet Limited will review your complaint and respond through its internal complaint-handling system (the “Internal Complaint-Handling System”). If a user frequently provides manifestly unfounded complaints through the Internal Complaint-Handling System, Heart Internet Limited may suspend the processing of its complaints, after a prior warning.
- If you disagree with a Content Moderation Decision and/or the outcome of the Internal Complaint-Handling System, you may also engage with any out-of-court dispute settlement body certified by the relevant EU authority. For your information, decisions taken by these bodies are not binding. Also, Heart Internet Limited may refuse to engage in such a procedure if the issue has already been resolved concerning the same content and the same grounds. The list of these certified bodies (if any) is expected to be published by the EU Commission shortly. We will update these terms and conditions once the relevant information becomes available.
- In any case, you may also initiate judicial proceedings before a competent court, according to the applicable law, at any stage.
- For the purposes of paragraphs 6 and 9 of this clause 22, “frequently” means the submission of 2 or more unfounded notices or complaints (as relevant) over a period of 12 months. For the purposes of paragraphs 5, 6 and 9 of this clause 22, when determining whether a specific behavior requires such a suspension or termination and the duration of the suspension or termination, Heart Internet Limited takes into account the relevant facts and circumstances, which may include such things as the volume of manifestly unfounded notices or complaints submitted within the period referred to above, the seriousness and/or the impact of the behavior. A notice may for instance be considered as manifestly unfounded if it is evident that it does not relate to alleged illegal content and instead refers solely to personal and/or subjective considerations. Specifically, as regards the provision of illegal content, these criteria also include the volume of illegal content provided, the extent of its impact and/or the gravity of the behavior (e.g., as regards the nature of the content concerned and its consequences) and the frequency of the behavior.
- Search Engine: Recommender Systems Disclosure. Our Site and certain of our DSA Services include a search engine that enables you to search for domain name registrations based on your query, account search history, and location. The search engine generates a list of results based on generic matching between the keywords or character sequences searched and the domain names available for purchase. If the exact domain name you searched for is unavailable, the search engine will display results for domain names that match your keywords and characters, potentially including alternative top-level domain names, which may take into account your location. For example, if you are located in Germany, the search engine may prioritize ".de" top-level domain names in order to present you more tailored results. Additionally, the search may feature partnerships labeled “Promoted” in the search results. The keywords or sequences of characters that you searched are the most significant parameters used to determine the results, whereas search history and location are secondary parameters used to further tailor the results presented to you.
- Information on the Use of Automated Content Moderation Tools. Heart Internet Limited is required to disclose whether any automated tools, including AI tools, are used to help detect and/or prevent the publication of any content which is considered incompatible with or violates these terms and conditions (including without limitation clauses 15 and 22 of these terms and conditions, the Acceptable Use Policy and the Website Terms of Use) or any applicable laws in the EU or in any EU country, which is the case. This may include the use of filtering systems, spam detection or phishing detection tools (including a machine learning model designed to detect phishing). These tools are generally used to assess content published or shared online (e.g., through a website hosted by Heart Internet Limited) or through certain other DSA Services. These tools may prevent the publication of such content or otherwise block the transmission of such content to third parties. The results of the automated detection tools are generally subject to human review and therefore may be confirmed or revoked by Heart Internet Limited after that human review.
23. Additional terms
- Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
24. Written communications
- Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
25. Notices
- All notices given by you to us must be given though our support ticket system support ticket system. We may give notice to you at either the then current e-mail or postal address registered against your account with us.
26. Third party rights and transfer of rights and obligations
- Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
- The Contract is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of this Contract.
27. Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
28. Waiver
- If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 25.
29. Severability
- If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
30. Entire agreement
- These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
31. Our right to vary these terms and conditions
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Acceptance Confirmation).
- No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.
32. Law and jurisdiction
- Contracts for the purchase of Services through our Site will be governed by English law. Any dispute arising from, or related to, the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the Contract between us both.