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Terms of Service
Definitation of Terms
1. HostPrive: a trade name established in Albania and listed in the Trade Register of National Business Center under the registration number..
2. Services: HostPrive is an official domain name registrar. In this capacity, HostPrive offers access to its automated systems for domain name registration and administration. HostPrive registers domain names on a first-come, first-served basis. The aforementioned activities constitute basic services. HostPrive also supplies Hosting, SSL certificates, DNS and other Internet services.
3. Client: the natural person acting in a professional capacity or legal entity having entered into an agreement with HostPrive. The Client may also be a retailer. For the purposes of these General Terms and Conditions, retailers will be referred to as ‘Reseller’. Resellers are subject to supplementary terms and conditions.
4. Account: the online environment made available by HostPrive for the purpose of enabling the Client to apply for, administer or configure Services. Amongst other channels, this environment can be accessed via the Website or API.
5. Agreement: the agreement between HostPrive and Client by virtue of which HostPrive will provide the Services, and of which these General Terms and Conditions are a part.
6. Website: www.HostPrive.com or any of its sub-domains and other domain extensions.
7. General Terms and Conditions: these terms and conditions.
Offer and acceptance
The Agreement between the HostPrive and the Client will take effect when the Client:
1. Creates an Account on the Website,
2. Places an electronic order via his Account which is subsequently confirmed or
3. Accepts an offer issued by HostPrive.
Any such offers must be signed by HostPrive. HostPrive requires the Client to check the order confirmation and to contact HostPrive within eight hours if any errors are to be verified.
1. If an order can only be partially filled, the Client is expected to agree to a partial delivery.
2. The due amount will be specified on the Website and during the process of ordering via the Account. The description of the Services as featured on the Website or specified in the offer will be binding. Upon extending Services automatically or otherwise, HostPrive will notify the Client of the rates applicable at that time.
3. HostPrive may draw up an offer in which it specifies what the Service includes and what amount will be owed upon acceptance of the Agreement.
4. An offer is without obligation and is valid for 30 days after the date it was sent by HostPrive, unless stated otherwise in the offer.
5. If the information provided by the Client proves to be incorrect, HostPrive has the right to adjust the prices accordingly.
6. Provisions or terms and conditions stipulated by the Client that differ from, or do not appear in these General Terms and Conditions will only be binding upon HostPrive if and to the extent that these have been expressly accepted by HostPrive in writing.
7. HostPrive is entitled to refuse a Client at its own discretion without stating reasons.
8. The Agreement will take effect as soon as HostPrive has received notification of acceptance by the Client.
9. In the event provisions in the Agreement or its appendices, or in these General Terms and Conditions are inconsistent with one another, the following order of rank applies:
• the Agreement;
• any Appendices;
• any Service Level Agreement;
• the General Terms and Conditions;
• any supplementary conditions.
Performance of the Service
1. After the Agreement has been concluded, HostPrive will perform the Services as soon as possible in accordance with the offer or electronic order.
2. To the extent it has not been otherwise agreed in writing, HostPrive will guarantee that the Service will be performed to the best of its ability with due care and professional competence.
3. If and where required for the proper performance of the Agreement, HostPrive has the right to have certain activities performed by third parties.
4. The Client is obliged to do everything that is reasonably required and desired to ensure that the Service is performed correctly in a timely manner. In particular the Client will ensure that all information designated by HostPrive as essential or in respect of which the Client should reasonably understand that it is required for the purpose of performing the Services, is provided to HostPrive in a timely fashion.
5. If the above forms part of the Services, HostPrive will provide the Client with an administrative user name and a password. These data will offer the Client access to the Account.
6. Each action performed by means of the Client’s Account is deemed to take place under the risk and responsibility of the Client. In the event of suspected misuse of an account, the Client must duly notify HostPrive as soon as possible so that appropriate measures can be taken by HostPrive. The Client is fully responsible for any consequential damages, including user costs and compensations with a minimum of € 2,500, not including VAT.
7. The Client is entitled to create users (employees) and provide them access to the Account. This does not affect the responsibility of the Client as described in the previous subclause of this Article.
8. The Client must provide all details truthfully. HostPrive is entitled to request that the Client provide proof of the details provided. If the Client cannot provide such proof or the details prove to be incorrect, HostPrive is entitled to terminate its Agreement or Agreements with the Client with immediate effect and to delete the Client’s Account. The above will not require the intervention of a competent court.
9. The Client is obliged to read its email on a regular basis: at least once every two weeks, but more frequently if required for the purposes of the registry procedure. If an addressee’s email inbox is full, HostPrive is entitled to return emails to the sender.
10. The Client declares that it is familiar with and, if applicable, accepts the documents incorporated in the Knowledge Base, including (but not limited to) the rules of conduct and the applicable (registry) conditions.
HostPrive has the right to take products and services out of use, temporarily or otherwise, and/or to limit their use, or to provide these only to a limited extent, or not at all, if the Client does not fulfil an obligation towards HostPrive as stipulated in the Agreement or acts in breach of these Terms and Conditions.
Terms of Service
Terms of Service Agreement
Some information is required in order for us to register your name or perform other services for you. If you are unfamiliar with our easy-to-use procedures, at any time you may open “Support Ticket“ By clicking the “Register” button, you agree to the full Terms of Service of this site including the domain name registration agreement before requesting service. Please read all the “Terms of Service” carefully. For current prices, you may also want to look at the “Pricing Information” link if you have not done so already. All HostPrive communication is via Email/Ticket. Therefore, you are required to keep a current email address in your contact information at all times. As renewals are non-refundable, HostPrive will send an email reminder notice 30 days prior to expiration to the email address on your account. Domain names will be renewed and charged 1 days prior to expiration (when the auto-renew option is checked). By clicking on the “Register” button below and/or by requesting the use of any of HostPrive, services, you agree to be a party to and to be bound by the terms of the agreements. Click on “back” below and you will not be able to register names or make entries in our name server database until you click on “Register”.
Terms of Service
Data Processing Agreement
This Data Processing Agreement (“DPA”) forms part of the agreement, hereafter referred to as the “Agreement”, that is entered into between HostPrive. (“HostPrive”) and the Client, and that defines the terms and conditions applicable to the services performed by HostPrive (the “Services”). This DPA and the other provision of the Agreement are complementary. Nevertheless, in case of conflict, the DPA shall prevail. Expressions which begin with an upper-case letter and which are not defined in this DPA shall have the meaning as set out in the Agreement. The purpose of this DPA, which is entered into between HostPrive and the Client in accordance with article 28 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“General Data Protection Regulation” or “GDPR”), is to define the conditions under which HostPrive is entitled, as a Processor and as part of the Services defined in the Agreement, to process under Client’s instruction, personal data as defined in the GDPR (“Personal Data”). The processing of personal data by HostPrive as a data controller is out of the scope of this DPA. For the purpose of this DPA, HostPrive is acting as a “Processor” and the Client is presumed to act as a “Controller” provided that “Processor” and “Controller” have the meaning defined in the GDPR. If the Client is acting as a processor on behalf of a third-party controller, the Parties expressly agree to the following conditions: (a) The Client shall ensure that (i) all the necessary authorizations to enter into this DPA, including the Client’s appointment of HostPrive as sub-processor, have been obtained from the Controller, (ii) an agreement, that is fully consistent with the terms and conditions of the Agreement including this DPA, has been entered into with the Controller pursuant to the said article 28 of the GDPR, (iii) any instructions received by HostPrive from the Client in execution of the Agreement and this DPA are fully consistent with the Controller’s instruction and (iv) all the information communicated or made available by HostPrive pursuant to this DPA is appropriately communicated to the Controller as necessary. (b) HostPrive shall (i) process Personal Data only under the Client’s instruction and (ii) not receive any instruction directly from the Controller, except in cases where the Client has factually disappeared or has ceased to exist in law without any successor entity taking on the rights and obligation of the Client. (c) The Client, which is fully responsible to HostPrive for the proper execution of the obligations of the Controller as provided under this DPA, shall indemnify and hold HostPrive harmless against (i) any failure of the Controller to comply with applicable law, and (ii) any action, claim or complaint from the Controller concerning the provisions of the Agreement (including this DPA) or any instruction received by HostPrive from the Client. 1. Scope HostPrive is authorized, as a Processor acting under Client’s instruction, to process the Controller’s Personal Data to the extent necessary to provide the Services. The nature of operations carried out by HostPrive on Personal Data may be computing, storage and/or any such other Services as described in the Agreement. The type of Personal Data and the categories of data subjects are determined and controlled by the Client, at its sole discretion. The processing activities are performed by HostPrive for the duration provided in the Agreement. 2. Selection of the Services The Client is solely responsible for the selection of the Services. The Client shall ensure that the selected Services have the required characteristics and conditions to comply with the Controller’s activities and processing purposes, as well as the type of Personal Data to be processed within the Services, including but not limited to when the Services are used for processing Personal Data that is subject to specific regulations or standards (as an example, health or banking data in some countries). The Client is informed that HostPrive proposes certain Services with organizational and security measures specifically designed for the processing of health care data or banking data. If the Controller’s processing is likely to result in high risk to the rights and freedom of natural persons, the Client shall select its Services carefully. When assessing the risk, the following criteria shall notably, but not limited to, be taken into account: evaluation or scoring of data subjects; automated-decision making with legal or similar significant effect; systematic monitoring of data subjects; processing of sensitive data or data of a highly personal nature; processing on a large scale; matching or combining datasets; processing data concerning vulnerable data subjects; using innovative new technologies unrecognized by the public, for the processing. HostPrive shall make available information to the Client, in the conditions set out below in clause “Audits”, concerning the security measures implemented within the scope of the Services, to the extent necessary for assessing the compliance of these measures with the Controller’s processing activities. 3. Compliance with Applicable Regulations Each Party shall comply with the applicable data protection regulations including the General Data Protection Regulation from the date which it enters into force in the European Union. 4. HostPrive’s obligations HostPrive undertakes to: a) process the Personal Data uploaded, stored and used by the Client within the Services only as necessary to provide the Services as defined in the Agreement, b) neither access nor use the Personal data for any other purpose than as needed to carry out the Services (notably in relation to Incident management purposes), c) set up the technical and organizational measures described in the Agreement, to ensure the security of Personal Data within the Service, d) ensure that HostPrive’s employees authorized to process Personal Data under the Agreement are subject to a confidentiality obligation and receive appropriate training concerning the protection of Personal Data, e) inform the Client, if, in its opinion and given the information at its disposal, a Client‘s instruction infringes the GDPR or other European Union or European Union Member State data protection provisions, f) in case of requests received from a competent authority and relating to Personal Data processed hereunder, to inform the Client (unless prohibited by the applicable laws or a competent authority’s injunction), and to limit the communication of data to what the authority has expressly requested. At the Client’s written request, HostPrive will provide the Client with reasonable assistance in conducting data protection impact assessments and consultation with competent supervisory authority, if the Client is required to do so under the applicable data protection law, and in each case solely to the extent that such assistance is necessary and relates to the processing by HostPrive of Personal Data hereunder. Such assistance will consist of providing transparency about the security measures implemented by HostPrive for its Services. HostPrive undertakes to set up the following technical and organizational security measures: (a) physical security measures intended to prevent access by unauthorized persons to the Infrastructure where the Client’s data is stored, (b) identity and access checks using an authentication system as well as a password policy, (c) an access management system that limits access to the premises to those persons that need to access them in the course of their duties and within their scope of responsibility, (d) security personnel responsible for monitoring the physical security of the HostPrive premises, (e) a system that physically and logically isolates clients from each other, (f) user and administrator authentication processes, as well as measures to protect access to administration functions, (g) an access management system for support and maintenance operations that operates on the principles of least privilege and need-to-know, (h) processes and measures to trace actions performed on its information system. 5. Personal Data Breaches If HostPrive becomes aware of an incident impacting the Controller’s Personal Data (such as unauthorized access, loss, disclosure or alteration of data), HostPrive shall notify the Client without undue delay. The notification shall (i) describe the nature of the incident, (ii) describe the likely consequences of the incident, (iii) describe the measures taken or proposed to be taken by HostPrive in response to the incident and (iv) provide HostPrive’s point of contact. 6. Location and transfer of Personal Data In cases where the Services allow the Client to store content and notably Personal Data, the location(s) or, geographical area, of the available Datacenter(s) is specified on HostPrive Website. Should several locations or geographic areas be available, the Client shall select the one(s) of its choosing when submitting its Order. Subject to the applicable Special Terms of Service, HostPrive will not modify, without the Client’s consent, the location or geographical area chosen when submitting its Order. Subject to the foregoing Datacenters’ location provision, HostPrive’s Affiliates located within the European Union, Canada and any other country recognized by the European Union as providing an adequate level of protection for Personal Data (“Adequacy Decision”), excluding the United States of America, are allowed to process Personal Data only as needed for the carrying out of the Services, and in particular, in relation to Incident management purposes. The list of the Affiliates likely to take part in the carrying out of the Services is communicated as provided in the clause “Sub-processing” below. The data stored by the Client within the scope of the Services shall not be accessed by HostPrive from a country which is not subject to an Adequacy Decision, unless (a) such access is expressly provided in the applicable Special Terms of Service, or (b) the Client selects a Data Center located outside the European Union in a country that is not subject to an Adequacy Decision or (c) Client’s specific agreement. In the event that Personal Data processed hereunder is transferred outside of the European Union to a country which is not subject to an Adequacy Decision, a data transfer agreement which complies with the Standard Contractual Clauses adopted by the European Commission, or at HostPrive’s discretion, any other protection measures recognized as sufficient by the European Commission, shall be implemented. When such a transfer results from the selection by the Client of a Service for which a Data Center located outside European Union is used, the implementation of the aforesaid data transfer agreement (or equivalent measures of protection) is not automatic and shall require a specific Client’s request. The Controller shall complete all the formalities and obtain all necessary authorization (including from data subjects and the competent data protection authorities, if required) to transfer Personal Data within the scope of the Agreement. 7. Sub-processing Subject to the provisions of the clause “Location and transfer of Personal Data” above, HostPrive may engage another processor to process Personal Data as part of the performance of the Services (“Subprocessor”). The Client expressly authorizes HostPrive to engage Sub-processor Affiliates. The list of HostPrive Sub-processor. Affiliates is available on HostPrive Website. HostPrive undertakes to give the Client thirty (30) days’ prior notice of any additional Sub-processor Affiliates. Subject to any contradictory provisions of applicable Conditions of Service, HostPrive shall not engage nonaffiliate Sub-processors without the Client’s prior consent. When the applicable Conditions of Service provide the possibility to engage non-Affiliate Sub-processors, the validation of such Conditions of Service by the Client shall be considered as an approval of the relevant listed Sub-processors. The nonaffiliates Sub-processors are listed on HostPrive website or in the applicable Conditions of Service. HostPrive shall ensure the Sub-processor is, as a minimum, able to meet the obligations undertaken by HostPrive in the present DPA regarding the processing of Personal Data carried out by the Sub-processor. For such purpose, HostPrive shall enter into an agreement with the Sub-processor. HostPrive shall remain fully liable to the Client for the performance of any such obligation that the Sub-processor fails to fulfil. Notwithstanding the foregoing, HostPrive is expressly authorized to engage third-party providers (such as energy providers, network providers, network interconnection point managers or collocated datacenters, material and software providers, carriers, technical providers, security companies), without having to inform the Controller or obtain its prior approval, provided that such third-party providers do not access Personal Data. 8. Client’s and Controller’s Obligations For the processing of Personal Data as provided under the Agreement, the Client shall provide to HostPrive in writing (a) any relevant instruction and (b) any information necessary to the creation of the Processor’s records of processing activities. The Client remains solely responsible for such processing information and instruction communicated to HostPrive. The Controller is responsible to ensure that: a) the processing of Controller’s Personal Data as part of the execution of the Service has an appropriate legal basis (e.g., data subject’s consent, Controller’s consent, legitimate interests, authorisation from the relevant Supervisory Authority, etc.), b) any required procedure and formality (such as data protection impact assessment, notification and authorization request to the competent data privacy authority or other competent body where required) has been performed, c) the data subjects are informed of the processing of their Personal Data in a concise, transparent, intelligible and easily accessible form, using clear and plain language as provided under the GDPR, d) data subjects are informed of and shall have at all the time the possibility to easily exercise their data rights as provided under the GDPR directly to the Client or to the Controller. The Client is responsible for the implementation of the appropriate technical and organizational measures to ensure the security of the resources, systems, applications and operations which are not in the HostPrive scope of responsibility as defined in the Agreement (notably any system and software deployed and run by the Client or the Users within the Services). 9. Data Subject Rights The Controller is fully responsible for informing the data subjects of their rights, and to respect such rights, including the rights of access, rectification, deletion, limitation or portability. HostPrive will provide reasonable cooperation and assistance, as may be reasonably required for the purpose of responding to data subjects’ requests. Such reasonable cooperation and assistance may consist of (a) communicating to the Client any request received directly from the data subject and (b) to enable the Controller to design and deploy the technical and organizational measures necessary to answer to data subjects’ requests. The Controller shall be solely responsible for responding to such requests. The Client acknowledges and agrees that in the event such cooperation and assistance require significant resources on the part of the Processor, this effort will be chargeable upon prior notice to, and agreement with the Client. 10. Deletion and return of Personal Data Upon expiry of a Service (notably in case of termination or non-renewal), HostPrive undertakes to delete in the conditions provided in the Agreement, all the Content (including information, data, files, systems, applications, websites, and other items) that is reproduced, stored, hosted or otherwise used by the Client within the scope of the Services, unless a request issued by a competent legal or judicial authority, or the applicable law of the European Union or of an European Union Member State, requires otherwise. The Client is solely responsible for ensuring that the necessary operations (such as backup, transfer to a third-party solution, Snapshots, etc.) to the preservation of Personal Data are performed, notably before the termination or expiry of the Services, and before proceeding with any delete operations, updates or reinstallation of the Services. In this respect, the Client is informed that the termination and expiry of a Service for any reason whatsoever (including but not limited to the non-renewal), as well as certain operations to update or reinstall the Services, may automatically result in the irreversible deletion of all Content (including information, data, files, systems, applications, websites, and other items) that is reproduced, stored, hosted or otherwise used by the Client within the scope of the Services, including any potential backup. 11. Liability HostPrive can only be liable for damages caused by processing for which (i) it has not complied with the obligations of the GDPR specifically related to data processors or (ii) it has acted contrary to lawful written instructions of the Client. In such cases, the liability provision of the Agreement shall apply. Where HostPrive and Client are involved in a processing under this Agreement that caused damage to data subject, the Client shall in a first time take in charge the full indemnification (or any other compensation) which is due to the data subject and, for second time, claim back from HostPrive the part of the data subject’s compensation corresponding to HostPrive’s part of responsibility for the damage, provided however that any limitation of liability provided under the Agreement shall apply. 12. Audits HostPrive shall make available to the Client all the information necessary to (a) demonstrate compliance with the requirements of the GDPR and (b) enable audits to be carried out. Such information is available in standard documentation on HostPrive Website. Additional information may be communicated to the Client upon request to HostPrive Support. If a Service is certified, complies with a code of conduct or is subject to specific audit procedures, HostPrive makes the corresponding certificates and audit reports available to the Client upon written request. If the aforesaid information, report and certificate prove to be insufficient to enable the Client to demonstrate that it meets the obligations laid down by the GDPR, HostPrive and the Client will then meet to agree on the operational, security and financial conditions of a technical onsite inspection. In all circumstances, the conditions of this inspection must not affect the security of others HostPrive’s clients. The aforementioned onsite inspection, as well as the communication of certificates and audit reports, may result in reasonable additional invoicing. Any information that is communicated to the Client pursuant to this clause and that is not available on HostPrive Website shall be considered as HostPrive’s confidential information under the Agreement. Before communicating such information, HostPrive may require to execute a specific non-disclosure agreement. Notwithstanding the foregoing, the Client is authorized to answer to competent supervisory authority requests provided that any disclosure of information is strictly limited to what is requested by the said supervisory authority. In such a case, and unless prohibited by applicable law, the Client shall first consult with HostPrive regarding any such required disclosure.
Terms of Service
Privacy Policy
HostPrive knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting any of the sites offered by HostPrive, you are accepting the practices described in this Privacy Notice. For question on the Privacy Notice please contact [email protected]. What Personal Information About Customers Does HostPrive Gather? Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. We use the information that you provide for such purposes as responding to your requests, providing our services (e.g., domain name registration, DNS hosting), and communicating with you. Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses our sites. Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; the full Uniform Resource Locators (URL) click stream to, through, and from our Web site, including date and time. We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. What About Cookies? Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser. Besides using the information as described above, HostPrive utilizes cookies to control the flow of the ordering processes by maintaining the state of your online transactions. Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies. Does HostPrive Share the Information It Receives? Yes, we do share information but only as described below. Otherwise we will not provide your personal information without your consent. WHOIS: We are required by the Internet Corporation for Assigned Names and Numbers (“ICANN”), the organization that assumes responsibility for domain name allocation, to collect information about you during the domain name registration process. This information includes your full name, mailing address, phone number, email address, and, where provided, your facsimile number. ICANN then requires all registrars to make your full name, mailing address, phone number, email address, and, where provided, your facsimile number, as well as the creation and expiration dates of your domain name registration and the name server information associated with your domain name, to the public via an interactive Web page and a “port 43” WHOIS service. For the purposes of this Privacy Notice we will refer to this information as your “WHOIS Information.” Please note that we may not be able to control how members of the public may use the WHOIS Information. Advertisers: We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. Partners: We partner with other parties to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. Agents: We engage other companies and individuals to perform functions on our behalf. Examples include processing credit card payments, providing marketing assistance, providing customer services, sending postal mail and email to you, removing repetitive information from customer lists, and analyzing data. These persons have access to personal information needed to perform their functions. These companies do not retain, share, store or use personally identifiable information that you provide to HostPrive for any secondary purposes. Service Providers: We engage other companies and individuals to perform enhanced services on our behalf. For example, we have engaged Critical Path, Inc. to provide free electronic mail services to our domain name registrants. In addition, certain of our enhanced services such as our Web Site Generator require that we contact Internet directories and various search engines on your behalf. Many of our service providers have access to personal information needed to perform their services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services. Business Transfer: As we continue to develop our business, we might sell or buy businesses or their assets. In such transactions, customer information generally is one of the transferred business assets. Also, if HostPrive or all or substantially all of its assets were ever to be acquired, customer information will of course be one of the transferred assets. Compliance: We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Services Agreement and other agreements; or protect the rights, property, or safety of HostPrive, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. How Secure Is Information About Me? We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input and the information we may send to our agents. HostPrive has gone to great lengths to ensure your information is securely obtained and held in compliance with the Card Holder Information Security Program. For example, we encrypt your credit card number before it is stored in our database. This ensures that no one may access your credit card from our system. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. What Information Can I Access? HostPrive gives you access to certain information about you for the limited purpose of viewing and, in certain cases, updating that information. To view or change this information, log-in to your account. When you update information, we usually keep a copy of the prior version for our records. – Links Sites provided by HostPrive contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site. – Children HostPrive does not sell services for purchase by children. If you are under 18, you may use our services only with involvement of a parent or guardian. – Conditions of Use, Notices, and Revisions If you choose to visit HostPrive, your visit and any dispute over privacy is subject to this Notice and our Terms and Conditions, including limitations on damages, arbitration of disputes, and application of the law of the state of Washington. If you have any concern about privacy at HostPrive, please send us a thorough description to [email protected], and we will try to resolve it. Our business changes constantly. This Notice and the Terms and Conditions will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes.
Terms of Service
GDPR Compliance Readiness
GDPR stands for “General Data Protection Regulation.” It is a data protection law adopted by the European Union (EU), which imposes new rules on all organizations that offer goods or services to individuals in the EU when processing “personal data” of EU residents. It is designed to strengthen the individual’s (also known as a “data subject”) fundamental right to privacy and the protection of personal data. It introduces robust requirements for companies doing business in Europe that will enhance and harmonize standards for data protection, security, and compliance. The GDPR was adopted on April 27, 2016 and becomes effective May 25, 2018. We know that preparing for the GDPR is a priority for many of our customers. It is also a priority for HostPrive. What does the GDPR Regulate? The GDPR regulates the “processing” of personal data, which includes the collection, use, disclosure, storage, manipulation, and erasure of personal data. The GDPR’s definition of “personal data” is very broad. It captures any information relating to an identified or identifiable data subject, including: names, email addresses, photos, bank details, location data, IP addresses, and cookie identifiers. What is a Data Controller? What is a Data Processor? The GDPR divides organizations processing personal data into “data controllers” and “data processors.” A data controller determines the purposes and means of the data processing and tells the processor what to do with the data. A data processor processes personal data on behalf of the controller pursuant to the controller’s instructions. Data controllers must comply with the GDPR’s principles, including transparency and lawfulness of the processing. Data processors must act pursuant to the controller’s instructions, secure the data, and help data controllers comply with the GDPR. HostPrive is a data processor when it acts as a service provider to our customers who use our data hosting and storage services. Our customers are data controllers for the data they maintain in our data centers since they decide what data we process and restrict our use of it. Our Data Processing Addendum (“DPA”) to our customer agreements sets forth our responsibilities and obligations as a data processor as well as responsibilities and obligations of our customers. Does HostPrive have a DPA? Yes, we have posted our DPA on the HostPrive website. Our DPA sets forth our responsibilities and obligations as a data processor, including to: • Only process personal data under our customers’ instructions and to fulfill the contract • Implement appropriate security measures • Ensure our employees are bound by confidentiality obligations • Notify customers of data breaches • Help customers comply with data protection requirements and data subjects’ rights Will HostPrive be compliant with the GDPR by May 25? HostPrive is committed to the core principles of the GDPR. We are committed to using personal data responsibly and protecting it with advanced technologies and robust internal policies and practices. We are aligning our privacy program, including our business practices, processes, and policies, to help us meet our obligations. We have engaged world class leaders in the field of data privacy and protection to lead this effort alongside our own team. What are some of the core obligations that HostPrive has as a data processor and what is HostPrive doing to comply? As a global provider of data driven services, we are integrating global privacy requirements, including EU data protection requirements, into our business practices. • As a data processor, we are responsible for complying with our contractual obligations and instructions in our customer DPAs, including assisting our customers to comply with their GDPR obligations, securing data, keeping records of how we process personal data on behalf of our customers, preparing to notify our customers in the event of a data breach, and cooperating with EU data protection authorities on request. • Our internal GDPR team has been working closely with leading data privacy and security experts to lead our compliance efforts. What personal data does HostPrive process? As a hosting service, we process, on behalf of our customers, personal data contained in any files, applications or content uploaded to our systems by HostPrive customers or their end users. Our customers determine what personal data is hosted by HostPrive. We process personal data in accordance with our Privacy Policy which can be found on our website and pursuant to our DPA. Is HostPrive allowed to transfer personal data from the EU to other countries as part of offering the service? Yes. As part of our service offering and to meet our contractual obligations, we transfer personal data from the EU and Switzerland to the United States under our EU and Swiss Privacy Shield certifications. Our customers select the country where personal data is stored.
Terms of Service
Cookie Policy
Our usage policy for cookies details the ways in which companies under the HostPrive use your browsing data and any other data associated with using and accessing websites and other media (advertising banners, emails, etc.) from the HostPrive, directly or through advertising content on other websites. You will also find information on your rights, and how to exercise them. This data is communicated in compliance with the regulations in effect, particularly the European directive concerning the processing of personal data and the protection of private lives in the electronic communications sector (2002/58/CE), which outlines that storage, collection and access to data on your device is permitted under the condition that you have received information on the purposes of this data being processed, in compliance with the General Data Protection Regulation (EU) 2016/679 (the GDPR), and subject to essential cookies that you have consented to. 1. The various cookies Under the terms of this policy, the terms “cookies and other trackers” or “cookies” refer to all of the trackers left and read while users browse websites and other media from the HostPrive group within the European Union, and member states of the European Economic Area (EEA). This includes HTTP cookies, flash cookies, tags (also known as invisible pixels and web bugs), scripts, and fingerprinting results. This policy applies, regardless of whether or not the data collected by the cookies is personal. What is a cookie? A cookie is a small piece of data that can be sent by websites via your browser. Cookies are stored on your device (computer, smartphone, tablet, etc.) when you visit certain websites. Cookies allow companies to store and gather data regarding website visitors’ browsing habits and hardware, then recognize the visitor using the data gathered. The data collected through these cookies may concern the number of pages visited, the language chosen, the city that your IP address is connected to, the frequency and recurrence of your visits, visit duration, the browser used, and the operator or device type that is being used to visit the website. What is a web tag? Otherwise known as pixel tags, invisible pixels, clear GIFs, web bugs or web beacons, web tags are small pieces of autonomous code, or an image present on certain pages to monitor and track traffic. What is fingerprinting? Fingerprinting creates a unique ID for the server browsing a webpage based on elements of its configuration, for tracking purposes. 2. Cookies used on HostPrive website Generally, there are different reasons for using cookies. (A) Some cookies are required for the HostPrive website to work properly, and enable you to access them and log in by using essential features. Essential cookies are solely designed to allow for electronic communication. They are vital for the online communication service you are using to work, and they will be used to enable you to log in to your user session, display the page requested in an appropriate format for your screen, allow the website to work in an optimal manner, and provide a browsing experience that: • Ensures quality and security for browsing the website, namely in the process of ordering a product or service, and measures the loading times for various page elements. • Stores the data entered into form fields when the user loads a different page. • Allows the user to stay on the same server for an entire session duration. • Redirects the user to the local website or language version that matches the country they seem to be visiting from. • Manages traffic spikes. • Takes into account the user’s acceptance or refusal with regards to analyzing the data collected on the website. In compliance with the regulation previously mentioned, they are used without requiring your consent. You can, however, block and/or delete them through your browser settings. Your user experience and browsing security may be degraded as a result. Certain pages and features may also be inaccessible (the HostPrive Control Panel, shopping basket, etc.). (B) Other cookies are also required for improving the browsing experience. Improvement cookies enable websites to: • Collect and analyse information on the behaviour of users visiting our websites, in order to improve the way they work (namely improving the performance and visibility of pages, for example). • Deliver value-added services aimed to improve user experience, such as virtual assistant (chatbot) services, live chat, and the click-to-call button. • Secure our websites by detecting unusual activity, for example. In compliance with applicable regulations, they are used with your consent. These cookies are not essential for the website to work properly. However, refusing these cookies may make value-added services difficult to use, or completely unavailable, whereas they would usually improve your user experience. (C) Other cookies are used to offer you HostPrive solutions related to your interests. Advertising and custom cookies are designed to offer you content and solutions that are adapted to fit your centres of interest on the HostPrive website, and improve the relevance of our announcements on partner websites. By disabling cookies, the content and solutions we offer will no longer be adapted to suit your preferences, and may be less relevant. In compliance with regulations, they are also used with your consent. These cookies are not essential for the website to work properly, but are required for offering you solutions that are relevant to your interests. They are used to deliver you more adapted content by: • Collecting visitor data regarding the use of the website visited. • Tracking clicks that direct to the website concerned. • Improving the relevance of digital campaigns. • Identifying website visitors redirected via an advertising campaign displayed on a third-party website. (D) Other cookies allow users to share HostPrive content on social media platforms, and other third-party websites ( third-party cookies). These cookies allow users to access and use software tools and platforms (such as social networks, video streaming solutions, etc.) offered by third parties, make the website more user-friendly, and help it get promoted via HostPrive website content being shared on third-party platforms. In this case, data related to website visitors, their browsing and their actions associated with the content they are interacting with is accessible by these third-party platforms. HostPrive website insert different social modules and pixels that enable users to request content from the platforms that deliver it. In this case, the platforms delivering these modules are considered as data controllers under the GDPR when they determine the purposes and means of processing data in line with their confidentiality policy. For this reason, certain features on the website are dependent on services offered by these third parties, and leave cookies. The websites delivering these third-party cookies, app buttons and extensions may request for users to log in via the button, even when the user does not use it while they browse the website. In compliance with regulations, they are also used with your consent. HostPrive strongly recommends reading the confidentiality policies for these third parties: Facebook LinkedIn Twitter YouTube 3. Cookies and third-party media Entities in the HostPrive are presented in different types of media (websites, social networks, etc.) managed by third parties, on which they publish content and launch campaigns that display advertising messages. When you view or interact with HostPrive content or advertising shared on third-party media, this browsing data can be communicated to HostPrive (namely via the use of pixels). Its purpose is to ensure that the content and campaigns shared are relevant (e.g. knowing if you have visited our website or viewed certain pages after an advertising campaign). The diffusion of HostPrive advertising on third-party media may be linked due to the fact that the cookies stored on your device (e.g. a cookie left during a previous visit to an HostPrive) reflect a potential interest in products and services from the HostPrive. Moreover, when you visit third-party media, cookies may be installed on your device. To find out more, please read the usage policies for cookies that apply to the third parties. 4. How do I manage cookies? In compliance with regulation (EU) 2016/679 relating to the protection of natural persons with regard to the processing of personal data and the free circulation of this data (the GDPR), the agreement of the users whose data will be processed must be expressed by using the correct settings on a browser or other application. a. Browser settings Browsers offer a number of rules allowing users to express their choices in terms of cookies. Regardless of their purpose, you can authorize, block and delete cookies stored on your device by setting your browser options. For the latest browsers, you will find indications via the following links: Internet Explorer Safari Chrome Firefox Finally, please note that disabling a cookie may stop you from being able to browse the website and use the services it offers, or make them more difficult to use. For further information on this, please read part 2 above, entitled “Cookies used by the HostPrive website”. b. Managing scripts, tags and banner cookies HostPrive uses a tag management solution that centralises scripts, and as a result, the collection of your consent in accordance with the terms and conditions and usage that enable you to use a user-friendly, intuitive solution. This means you can manage the various features that leave cookies (adverts, social media buttons, videos and other modules inserted into the website’s pages) by centralising the area for collecting consent via the cookie banner. 5. Exercising your rights In compliance with the legislation related to the protection of personal data, you have the right to access, rectify, oppose, limit and delete personal data concerning your identity. This may be exercised in application of the previous point of the cookie policy, or by contacting the person delegated for data protection via the form designed for this purpose. If, after contacting us, you decide that your rights have not been respected, you can also address a complaint to the competent data protection authority. HostPrive’s leading body (CNIL) also shares information you can refer to, in order to find out more about cookies, how they work, and how you can oppose their usage.
Terms of Service
Refund Policy
No-risk Guarantee Program Simply try us for 30 days risk-free! You are absolutely protected by our 100% No-Risk Guarantee Program. If somehow we will not satisfy your needs with HostPrive cheap web hosting services or you’ll simply decide to cancel it over the next 30 days, just let us know & we’ll send you an instant refund. No questions asked. No-Risk Guarantee Program is not applied on: 1. Domain Names 2. SSL Certificates 3. G-Suite Business Emails Note: If our system is detecting spam or any kind of other abuse on our services, the refund will not be applied.
Terms of Service
Disclaimer
HostPrive may change the terms, conditions and operation of this Web site (the “Site”) at anytime. By using this service the user agrees to the terms of this disclaimer and further waives any rights or claims it may have against HostPrive. The content available through the Site is the sole property of HostPrive or its advertisers, suppliers or licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, HostPrive-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by HostPrive advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without HostPrive’s express prior written consent. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE HostPrive WEB SITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. WITHOUT LIMITING THE FOREGOING, HostPrive SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY. YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE HostPrive WEB SITE AND THAT HostPrive MAY FORMPARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS HostPrive MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S PRODUCTS OR SERVICES, NOR WILL HostPrive BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST HostPrive WTH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Terms of Service
Renewal Notification Policy
With respect to domain name registration services, we and/or the primary service provider will email a renewal notification approximately one month and approximately one week prior to each such domain name’s expiration. In addition, if a domain name is not renewed, we and/or the primary service provider will email an additional renewal notification within five days after the expiration of such domain name’s registration. All renewal notifications will be sent to the primary contact for the account associated with the domain name registration.
Terms of Service
Transfer Policy
HostPrive policy on Transfer of Sponsorship of Registration Between Registrars For each instance where a Registered Name holder wants to change its Registrar for an existing domain name (i.e., a domain name that appears in a particular top-level domain zone file), we require: 1. Express authorization to initiate the transfer process from an individual who has the apparent authority to legally bind the Registered Name holder (as reflected in the database of losing Registrar). 2. In instances when the Registrar of record is being changed simultaneously with a transfer of a domain name from one party to another, we also requires submission of appropriate authorization for the transfer. Such authorization shall include, but not be limited to, one of the following: 1. A bilateral agreement between the parties. 2. The final determination of a binding dispute resolution body. 3. A court order. Instances when the requested change of sponsoring Registrar may be denied include, but are not limited to: 1. Situations described in the Domain Name Dispute Resolution Policy. 2. A pending bankruptcy of the Registered Name holder. 3. Dispute over the identity of the Registered Name holder. 4. Request to transfer sponsorship occurs within the first 60 days after the initial registration with the Registrar. 5. Domains that are registered with discounts or promotion codes can’t be transferred out from HostPrive without making a renewal to HostPrive with the original price that the domain has.
Terms of Service
Whois Lookup
The WHOIS service is provided by the Registrar for informational purposes only and can only be used to obtain information about the domain name and contact persons. By using the WHOIS service, you agree that: 1. You will use the received data only for legitimate purposes. 2. You will not use the received data for any purpose which might result in unsolicited information (spam) being sent to the postal addresses, e-mail addresses, fax, or telephone numbers provided by the service. 3. You will not collect and save records of the data received from the service. When using the WHOIS service, you are prohibited from: 1. Disseminating the received information service for commercial purposes. 2. Altering the received information and disseminating it for any purpose. Technical limitations imposed on users of the WHOIS service: 1. A maximum of 50 requests per minute will be allowed from any given IP address. 2. Requests in excess of this limit will receive the following response: 3. Your request can not be completed at this time. Please try your request again after 30 minutes. 4. The Registrar reserves the right to remove access to the WHOIS service from users who repeatedly try to query the service in excess of the prescribed limit. 5. Users needing a higher limit may make a request to the Registrar. This request must contain: the IP address from which the requests will be made, a substantiation of the necessity of a higher limit, and a statement of the required rate limit expressed in calls per minute.
Terms of Service
Registrant Benefits and Responsibilities
Domain Name Registrants’ Rights: Your domain name registration and any privacy/proxy services you may use in conjunction with it must be subject to a Registration Agreement with an ICANN Accredited Registrar. You are entitled to review this Registration Agreement at any time, and download a copy for your records. You are entitled to accurate and accessible information about: • The identity of your ICANN Accredited Registrar; • The identity of any proxy or privacy service provider affiliated with your Registrar; • Your Registrar’s terms and conditions, including pricing information, applicable to domain name registrations; • The terms and conditions, including pricing information, applicable to any privacy services offered by your Registrar; • The customer support services offered by your Registrar and the privacy services provider, and how to access them; • How to raise concerns and resolve disputes with your Registrar and any privacy services offered by them; • Instructions that explain your Registrar’s processes for registering, managing, transferring, renewing, and restoring your domain name registrations, including through any proxy or privacy services made available by your Registrar. You shall not be subject to false advertising or deceptive practices by your Registrar or though any proxy or privacy services made available by your Registrar. This includes deceptive notices, hidden fees, and any practices that are illegal under the consumer protection law of your residence. Domain Name Registrants’ Responsibilities: 1. You must comply with the terms and conditions posted by your Registrar, including applicable policies from your Registrar, the Registry and ICANN. 2. You must review your Registrar’s current Registration Agreement, along with any updates. 3. You will assume sole responsibility for the registration and use of your domain name. 4. You must provide accurate information for publication in directories such as WHOIS, and promptly update this to reflect any changes. 5. You must respond to inquiries from your Registrar within fifteen (15) days, and keep your Registrar account data current. If you choose to have your domain name registration renew automatically, you must also keep your payment information current.
Terms of Service
Watchlist Terms & Conditions
The HostPrive new generic top-level domain watchlist (“Watchlist”) is provided for information purposes only to assist end users in obtaining information about or related to potential new generic top-level domains (“gTLDs”). By using the Watchlist, you expressly agree that: (i) HostPrive may send you emails regarding new gTLDs; (ii) you are not obtaining any pre-registration rights, registration rights, or any other rights in any domain name; (iii) HostPrive makes no guarantee that the Internet Corporation For Assigned Names and Numbers will approve any new gTLD application; (iv) HostPrive makes no guarantee that any domain name will be available for registration either through HostPrive or any third party; (v) HostPrive makes no guarantee as to the content, sequence, accuracy, timeliness or completeness of the information or data HostPrive provides.
Terms of Service
Domain Contracts
This page lists the contracts per extension that show you all conditions for that specific registry. Before being able to order a domain in HostPrive, you will have to agree to the respective extension contract.
1. Registration Requirements
General terms and conditions for registration can be found in the reseller control panel in the menu Account > Contracts.
2. .AC Policy (ICB)
All accredited registrars of .AC domains agree to the terms and conditions of the .AC Registrar. The following policies will be applied to any individual or legal person who registers a domain under .AC:
- http://www.nic.ac/terms.htm
- http://www.nic.ac/rules.htm
- http://www.nic.ac/policy.htm
3. Transfer of Domain-Names; Transfer policy
Domains with the extension .AC are not allowed to be traded or transferred.
4. Duration
The registration or the renewal of registration of domains under .AC is valid for a minimum period of 1 year and a maximum of 1 year.
5. Costs
For the registration, transfer, or extension of domains, the customer can use any of our available payment methods via HostPrive. Any cost related to the registration, transfer, or extension of domains by the reseller, will be deducted from the reseller’s HostPrive tier. Please kindly remind that the V.A.T. applies only to the customers and resellers whose corporate office is located in any of the European Union countries, and the European customers and resellers who have a valid V.A.T. ID. The customers or resellers who are registered in any country, outside the European Union are excluded by the V.A.T.
The customer or reseller agrees to register, transfer, renew, and manage the domains with the extension .AE through HostPrive. This appendix regulates solely the registration and administration of domain names with the ending .AE.
1. Registration Requirements
General terms and conditions for registration can be found in the reseller control panel under the menu Service.
2. .AE Policy (TRA)
All accredited registrars of .AE domains agree to the Terms and Conditions of the .AE Registrar. The following policies will be applied to any individual or legal person who registers a domain under .AE:
- https://www.tra.gov.ae/en/terms-and-conditions.aspx
3. Duration
The registration or the renewal of registration of domains under .AE is valid for a minimum period of 1 year and a maximum of 5 years.
4. Costs
For the registration, transfer, or extension of domains, the customer can use any of our available payment methods via HostPrive. Any cost related to the registration, transfer, or extension of domains by the reseller, will be deducted from the reseller’s HostPrive tier. Please kindly remind that the V.A.T. applies only to the customers and resellers whose corporate office is located in any of the European Union countries, and the European customers and resellers who have a valid V.A.T. ID. The customers or resellers who are registered in any country, outside the European Union are excluded by the V.A.T.
Terms of Service
Domain Registration Agreement
THIS AGREEMENT HAS A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES. This Registration Agreement (“Agreement”) sets forth the terms and conditions of your use of domain name registration and related services (“Services”). In this Agreement “you” and “your” refer to you and the registrant listed in the WHOIS contact information for the domain name. “We”, “us” and “our” refer to the registrars listed at the bottom of this document, any one of which will be the registrar for your domain name and all of which share common ownership, common terms and conditions, and a shared Services infrastructure. To determine which registrar your domain name is registered with, perform a WHOIS lookup at https://whois.HostPrive.com. You obtain the Services through your primary service provider, with whom we have a wholesale relationship (your “Primary Service Provider”). Your relationship with your Primary Service Provider may be governed by additional terms, as you and your Primary Service Provider may agree. “We,” “us” and “our” does not include your Primary Service Provider, except when specifically mentioned or unless your Primary Service Provider is one of us (i.e., if your Primary Service Provider is also one of the registrars listed at the bottom of this document). YOUR AGREEMENT By using the Services, you agree to all terms and conditions of this Agreement, the UDRP (defined below), the URS (defined below), and any rules, policies, or agreements published in association with specific Services and/or which may be adopted or enforced by the Internet Corporation for Assigned Names and Numbers (“ICANN”), any registry, or governments. CHANGES TO THIS AGREEMENT This Agreement may change over time, either through amendments by us, changes to ICANN policy or applicable law which may or may not be reflected in the text of this Agreement, or otherwise. Before any material changes to this Agreement become binding on you (other than changes resulting from a change in ICANN policy or applicable law), we or Your Primary Service Provider will notify you of such changes by, for example, sending email to you at your email address of record. If, as a result of such a change, you no longer agree with the terms of this Agreement, your exclusive remedies are (a) to transfer your domain name registration services to another registrar, or (b) to cancel your Services, including domain name registration services, with us. Your continued use of the Services following notification of a change in this Agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds you: (1) thirty (30) days after we or Your Primary Service Provider notify you of the change, or (2) immediately if such change is a result of a new or amended ICANN policy or applicable law. REGISTRANT RIGHTS AND RESPONSIBILITIES ICANN has developed, in consultation with registrars, a webpage that identifies important registrant rights and responsibilities. The document provides a “plain language” summary of terms related to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA), for posting on registrar websites. While some of the terms included do not specifically refer to registrants, those terms are included because of the potential import to understanding registrar/registrant relations. The document also summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the RAA. The summarization of terms within this document do not override or replace the terms set forth in the RAA or within those specifications or policy. Please review these important Registrant Rights and Responsibilities. YOUR ACCOUNT You must create an account to use the Services (“Account”). Your Account is typically managed and/or provided by your Primary Service Provider. You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of your Account by you or any third party. ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION: I. You must provide certain current, complete and accurate information about you with respect to your Account information and with respect to the WHOIS information for your domain name(s). Within seven (7) days of any change to such information, you must update such information as needed to keep it current, complete and accurate. You must submit the following with respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Services: name, postal address, e-mail address, voice telephone number, and where available, fax number. The type of information you are required to provide may change and you must provide such information and keep your Account information current. Not providing requested information may prevent you from obtaining all Services. II. You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase “Name Only” Services, we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from “Name Only” Services. OBLIGATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION: If, in obtaining Services, you provide information about or on behalf of a third party, you represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (b) obtained the third party’s express written consent to the disclosure and use of that party’s information as set forth in this Agreement. I. You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful or abusive purpose, including but not limited to the infringement of any intellectual property right or other right; the distribution of malware; the abusive operation of botnets; phishing; fraudulent or deceptive practices; the unauthorized transfer to yourself or any other party of any domain name or Services; counterfeiting; or any other activity in violation of any laws, rules, or regulations (the “Illegal Uses”). Providing inaccurate or unreliable information, failing to update information within seven (7) days of any change, engaging in any Illegal Uses, or failing to respond for over fifteen (15) days to inquiries by us concerning the accuracy of Account and WHOIS contact information will constitute an incurable material breach of this Agreement and be a basis for suspension and/or cancellation of the Services. II. You are responsible for regularly monitoring email sent to the email address in your Account. You may lose your rights to the domain name(s) or your right to receive the Services if you do not respond appropriately and timely to an email sent in conjunction therewith. ACCESSING YOUR ACCOUNT: In order to change any of your Account or domain name WHOIS information, you must access your Account with your Primary Service Provider, or your Account with us. It is your duty to safeguard your Account login identifier and password from any unauthorized use. Any person in possession of your Account login identifier and password will have both the ability and your authorization to modify your Account and domain name information, initiate transfers of your domain name(s) to other registrars, initiate registrant changes to your domain names which may terminate your rights to use such domain name(s), update DNS changes to your domain name(s) which may result in changes to the content associated with your domain name(s) and take other actions which may affect or terminate your rights and access to your domain name(s) and/or the Services. I. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and such reasonable precautions include procedures for releasing Account access information to parties who claim to have lost Account access information. If we take reasonable precautions in relation thereto, IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND IN PARAGRAPH 13 BELOW IN THIS AGREEMENT. II. If you contact us alleging that a third party has unauthorized access to your Account or domain names, we may charge you administrative fees, currently set at fifty dollars ($50) per hour, for our time spent in relation to the matter, regardless of whether or not we return control over the Account and/or domain name(s) to you. You will indemnify us for any reasonable attorneys’ fees and costs we may incur in relation to the matter, even if those fees and costs accrue as a result of defending an action, or responding to a threat of an action, initiated by you or a third party. SHARING OF WHOIS INFORMATION: We will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, any ICANN-authorized escrow service, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. We may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws, including by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us. ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/. OUR SERVICES: DOMAIN NAME REGISTRATION: We are accredited registrars with ICANN for generic top level domain names (“gTLDs”) (such as .com, .net, .org, etc.). ICANN oversees registrations and other aspects of the gTLDs. We also are registrars for a variety of country code top level domain names (“ccTLDs”) (such as .co.uk, .de, etc.). For a partial list of registry administrators and for more information on gTLDs, see http://www.icann.org/tlds/. Domain name registrations are not effective until the registry administrator puts them into effect. Domain name registrations are only for limited terms which end on the expiration date. For domain names which are created as a new registration out of the pool of available domain names, the term begins on the date the domain name registration is acknowledged by the applicable registry. For domain name registrations which were not returned to the pool of available domain names, the term begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry. I. We and your Primary Service Provider are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator, including those arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration. You acknowledge that domain name registration is a service, domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, domain name registration services do not create a property interest and you have no such property interest in any domain name(s) which you may register with us. II. If you submit an application for pre-registration of a domain name, we do not guarantee that the domain name will be secured for you, or that you will have immediate access to the domain name if secured. In the event two (2) or more pre-registration applications are received for the same domain name and the domain name is secured, all applicants will be invited to a private auction to decide who gets the domain name. If you are such an applicant and wish to participate in the auction, you must first acknowledge any trademark claims notice that is shown to you and agree to any additional terms and conditions which may be applicable. We reserve the right to cancel any pre-registration request at any time and for any reason. AFTER MARKET DOMAIN NAMES: We offer for sale domain names that are registered to third parties (also known as aftermarket domain names) in a variety of top level domain names (“After Market Domain Name(s)”). All After Market Domain Name registrations are offered on a first come, first served basis. If you are the first to complete an After Market Domain Name registration application for a particular domain name, including payment of the purchase price we designate, we will initiate a transfer of the relevant After Market Domain Name to your Account. If the After Market Domain Name is at another domain registrar at the time of your purchase, we will transfer your purchased After Market Domain Name to us at no cost to you and will add one year to the existing registration period. If the After Market Domain Name is already located with us as the domain registrar at the time of your purchase and it has ninety (90) days or less from the date of your purchase before expiration, we will renew your After Market Domain for you for free. If the After Market Domain Name is already located with us as the domain registrar at the time of your purchase and it has ninety-one (91) days or more before expiration, you are responsible for all renewal fees. Any subsequent renewals of the After Market Domain Name will be charged at the then-current renewal fee. Once you submit your order for an After Market Domain Name, you have entered into a valid, binding and enforceable contract to pay the designated purchase price for the After Market Domain Name. Because we are selling After Market Domain Names initially registered to third parties, we have no control and make no representations regarding the accuracy or legality of domain names advertised, the accuracy or legality of any domain name listing, or the right and the ability of the third party seller to transfer the After Market Domain Name or complete the transaction. We do not control whether or not third party sellers will complete a transaction. We reserve the right to reject or cancel your After Market Domain Name registration for any reason including, but not limited to, any pricing errors. In the event your After Market Domain Name registration is rejected or cancelled by us, for any reason, we will refund in full the amount of the purchase price for the After Market Domain Name as your sole remedy. Once the After Market Domain Name is transferred into your Account, such After Market Domain Name may not be transferred away from us to another registrar during the first sixty (60) days following the transfer, during which time the After Market Domain Name may be placed on transfer lock. All of your obligations under this Agreement which apply to the registration or renewal of domain name(s) created by you apply to any After Market Domain Name(s) acquired by you, including but not limited to prohibition against any Illegal Uses. NOT INCLUDED IN THE SERVICES: We are not responsible to determine whether the domain name(s) you select, or the use you or others make of the domain name(s), or other use of the Services, infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use or allow others to use infringe legal rights of others. We might be ordered by a court or arbitrator to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your Account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. Our policy is to comply with court orders from courts of competent jurisdiction as well as UDRP and URS Panel decisions. If you contact us informing us that you are contesting a court order from a court of competent jurisdiction, we may, but are not obligated to, place a transfer lock on the domain name pending the outcome of the dispute. If you contact us informing us that you are contesting an adverse UDRP or URS Panel decision, your time limits and procedures to do so are subject to the requirements set forth in the UDRP or URS. We will not delay implementation of a UDRP or URS Panel decision based solely on your informing us that you intend to contest the decision. USE OF FREE SERVICES: In consideration for providing additional optional Services for which we do not charge an additional fee, including, but not limited to, free trials, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other free services which we may introduce from time to time (as such list may be modified by us from time to time) (“Free Services”), we may display advertising in conjunction therewith through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, appendices to emails, or any other advertising means, and we may aggregate for our own use, related usage data by means of cookies and other similar means. You will not be entitled to any of the proceeds we may earn as a result of such advertising. We may discontinue any Free Services at any time with or without providing you prior notice. From time to time we may provide you with free or low-cost domain name(s) registration services (“Promotional Name(s)”). If we do so, the services for the Promotional Name(s) will be placed in the same Account as your other domain name(s) and you will be listed as the registrant, though we may point the Promotional Name to IP address(es) of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other Accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and the terms of this Agreement will apply to such Promotional Name(s). If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and we may be listed as the domain name registrant or we may delete such domain names or make them available to others. For any domain name services, including these Promotional Names, for which you are listed as registrant but for which you do not pay the registration or renewal fee, we may assign name-servers to the domain name and point the domain name to IP address(es) designated by us until the registration or renewal fee is paid. SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES: I. We and your Primary Service Provider may reject your domain name registration application or elect to discontinue providing Services to you for any reason within thirty (30) days of a Service initiation or a Service renewal. Outside of this period, we and your Primary Service Provider may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) allegations of illegal conduct or infringement of any third party intellectual property right or other right, (v) failure to keep your Account or WHOIS information accurate and up to date, (vi) failure to respond to inquiries from us for over fifteen (15) calendar days, or (vii) if your use of the Services involves us in a violation or alleged violation of any third party’s rights or acceptable use policies, including but not limited to the transmission of unsolicited email or the violation or alleged violation of any intellectual property right or other right. No fee refund will be made when there is a suspension or termination of Services for cause. II. At any time and for any reason, we may terminate the Services thirty (30) days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name within such thirty (30) day notice period or risk that we may delete your domain name, transfer the registration services associated with your domain name to ourselves or a third party, or suspend or modify Services related to your domain name. If we terminate Services for a reason other than cause, we will provide a pro-rata refund of your fees. III. If we terminate or suspend the Services provided to you under this Agreement, we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously provided to you. If we have grounds to terminate or suspend Services with respect to one domain name or in relation to other Services provided through your Account, we may terminate or suspend all Services provided through your Account. IV. We and any registry reserve the right to deny, cancel, or transfer any domain name registration or transaction, or place any domain name(s) on lock, hold, or similar status, as we or the registry deem necessary, in either our or the registry’s unlimited and sole discretion: (i) to protect the integrity and stability of the registry; (ii) to comply with any applicable registry policies and/or procedures or ICANN rules and regulations, including without limitation, the registry agreement; (iii) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (iv) to avoid any liability, civil or criminal, on the part of us or the registry, as well as our or the registry’s affiliates, subsidiaries, officers, directors, and employees; (v) to correct mistakes by us, another registrar, or the registry in connection with the domain name; (vi) following an occurrence of any of the prohibited activities described in Section 4.b.ii above; (vii) per the terms of this Agreement; or (viii) for the resolution of disputes concerning the domain name. FEES AND TAXES: I. You agree to pay, prior to the effectiveness of the desired Services, the applicable Service fees set forth on the Pricing Page or otherwise communicated to you. In the event any of the fees for Services change, we will use reasonable efforts to give you thirty (30) days prior notice of such changes on the Pricing Page or by other reasonable means. Please check the Pricing Page often for any changes to our Services fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another. II. Unless specified otherwise, the fees for the Services do not include taxes. If we are required to pay ICANN fees or United States or international sales, use, property, value-added (“VAT”), royalty, license, or other taxes based on your use of the Services, then you must pay such fees or taxes. This section does not apply to taxes based on our income. PAYMENT ISSUES: In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Services, we and/or your Primary Service Provider may suspend access to any and all Accounts you have with us and/or your Primary Service Provider and all interests in and use of any domain name registration services, website hosting, and/or email services, including all data hosted on our systems and/or on the systems of your Primary Service Provider may be assumed by us or your Primary Service Provider, as the case may be, or may be terminated. We may reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fees and our then-current reinstatement fee set forth on the Pricing Page or otherwise communicated to you. Reinstatement of Services by your Primary Service Provider may be according to the terms between you and your Primary Service Provider relating to reinstatement. If you have an issue with credit card or other payment charges, you should contact your Primary Service Provider, first, and us, second, regarding the issue before you contact your credit card or other payment process company to request a charge back or reversal of the charges. EXPIRATION AND RENEWAL OF SERVICES: It is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. With respect to domain name registration services, we and/or your Primary Service Provider will email a renewal notification approximately one (1) month and approximately one (1) week prior to each such domain name’s expiration. In addition, if a domain name is not renewed, we and/or your Primary Service Provider will email an additional renewal notification within five (5) days after the expiration of such domain name’s registration. All renewal notifications will be sent to primary contact for the Account associated with the domain name registration. It is your responsibility to maintain current and accurate credit card information should any Services be placed on “auto-renew.” We and/or your Primary Service Provider will notify you when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Services, we may attempt to renew the Services a reasonable time before expiration, provided your credit card or other billing information is available and up to date. It is your responsibility to keep your billing information up to date and we are not required to, but may, contact you to update this information in the event that an attempted transaction is not processed successfully. Please note: for certain top level domain names, the automatic renewal option is not available. EXPIRATION OF A DOMAIN NAME REGISTRATION: Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry’s database, we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and we may either leave your WHOIS information intact or we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. I. Reactivation Period Process. For a period of approximately thirty (30) days after expiration of the term of domain name registration services, we may provide a procedure by which expired domain name registration services may be renewed. We may, but are not obligated to, offer this process, called the “reactivation period.” You assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. We may, in our sole discretion, choose not to offer a reactivation period and we shall not be liable therefore. The reactivation period renewal process, if any, may involve additional fees which we and your Primary Service Provider may determine. We may make expired domain name services(s) available to third parties, we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or expired domain name registration services may be re-registered to any party at any time. II. After the reactivation period, if any, we may: Discontinue the domain name registration services at any time thereafter without notice. In which case, certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. We will participate in this process, typically called the “Redemption Grace Period” (“RGP”), for each gTLD registry administrator that provides it. We may, in our sole discretion, choose not to participate in the RGP process with respect to any or all of your ccTLD domain name registration services and we shall not be liable therefore. If available, RGP typically ends between thirty (30) and forty-two (42) days after the end of the reactivation period of the domain name services. The current RGP fee is set forth on the Pricing Page and does not include any registration fees that may also be due. We are not obliged to contact you to alert you that the domain name registration services are being discontinued; or III. Pay the registry’s registration fee or otherwise provide for the registration services to be continued. In which case, we may then set the name-servers and the DNS settings for the domain name services, we may set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. We do not have to pay you any of the proceeds we may earn as a result. We are not obliged to contact you to alert you that the domain name registration services are being continued. The domain name will be designated as being in the extended redemption grace period (“ERGP”), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay the ERGP fee (which is the same as the RGP fee) plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you have abandoned the domain name services, and relinquish all interests and use of the domain name services; IV. If we auctioned the domain name services to a third party, we may transfer the domain name registration services to such third party. In which case, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services prior to the end of the reactivation period, as such reactivation period applied to you. We are not obliged to contact you to alert you that the domain name registration services are or were auctioned. We do not have to pay you any of the proceeds we may earn as a result of such an auction. TRANSFERS: OWNERSHIP OF INFORMATION AND DATA: We own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. We own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the registrant and all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of Services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database. Transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP and URS as described in Section 17 of this Agreement, as these policies may be modified from time to time. To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP “AuthCode” which is required to transfer domain services in an EPP registry (such as .org). Alternatively, you should contact your Primary Service Provider to have your domain name(s) services locked or unlocked or to obtain the EPP “AuthCode.” If your Primary Service Provider is unresponsive, you may contact us to have your domain name(s) locked or unlocked or to obtain the EPP “AuthCode” though we may first contact your Primary Service Provider to request that the Primary Service Provider address the request. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within sixty (60) days of initial registration, within sixty (60) days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and losing registrars as outlined in ICANN’s transfer policies. Transfer requests typically take five (6) business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire, in which event you may need to reinstate the transfer request following a redemption of the domain name, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM. I. Upon initial registration, we may place a “Registrar Lock” (“ClientTransferProhibited” status) on your domain name services and this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed, which may be done within your Account. II. You explicitly authorize us to act as your “Designated Agent” (as defined in ICANN’s transfer policy) to approve each “Change of Registrant” (as defined in ICANN’s transfer policy) on your behalf. AGENTS AND LICENSES: If you are registering a domain name for or on behalf of someone else, you represent that you have the authority to and will bind that person as a principal to all terms and conditions provided herein. If you license the use of a domain name you register to us or a to third party, you remain the domain name holder of record, and remain responsible for all obligations at law and under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration and for ensuring non-infringement of any third party intellectual property rights or other rights. LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE SERVICES, (b) USE OF THE SERVICES, (c) INTERRUPTION OF SERVICES OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (h) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (i) APPLICATION OF ANY DISPUTE POLICY. NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS (US$400.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. INDEMNITY: You hereby release and agree to indemnify, defend, and hold us, ICANN, the registry operators, and your Primary Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and court costs, for third party claims relating to or arising under this Agreement, including any breach of any of your representations, warranties, covenants or obligations set forth in this Agreement, the Services provided hereunder, or your use of the Services, including, without limitation, infringement or alleged infringement by you, or by anyone else using the Services, of any intellectual property or other right of any person or entity, or from the violation or alleged violation of any of our or ICANN’s operating rules or policies relating to the Services provided. We may seek written assurances from you in which you promise to indemnify, defend, and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name Services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification (a) required under the UDRP, URS, or any other ICANN policy or any policy of any relevant registry; or (b) set forth elsewhere in this Agreement. REPRESENTATIONS AND WARRANTIES: YOU REPRESENT AND WARRANT THAT NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL OTHERWISE SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. DISPUTE RESOLUTION POLICY: You are bound by all ICANN consensus policies and all policies of any relevant registry, including but not limited to: (i) the Uniform Domain Name Dispute Resolution Policy (“UDRP”), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm along with the UDRP Rules and all Supplemental Rules of any UDRP provider; and (ii) the Uniform Rapid Suspension System (“URS”), which is available at http://newgtlds.icann.org/en/applicants/urs, along with the URS Rules and all Supplemental Rules of any URS provider. The UDRP and URS may be changed by ICANN (or ICANN’s successor) at any time. If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP and URS in effect at the time your domain name registration is disputed by the third party. In the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP and URS. If you or your domain name is the subject of litigation, we may deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate. GOVERNING LAW AND JURISDICTION FOR DISPUTES: NOTICES: 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. I. Except as otherwise set forth in the UDRP, URS, or any similar ccTLD policy, with respect to any dispute over a domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. II. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration in King County, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY FORM OF A CLASS PROCEEDING. Further, unless both you and we expressly agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class proceeding. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your Account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your Account and/or domain name WHOIS information. III. Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you shall submit without objection, without prejudice to other potentially applicable jurisdictions, to the subject matter and personal jurisdiction of the courts (i) of the domicile of the registrant as it appears in the public WHOIS record for the domain name(s) in controversy, and (ii) where we are located, currently those State or federal courts whose geographic districts include Bellevue, Washington. ADDITIONAL REGISTRY REQUIREMENTS. Some registries have additional contractual requirements that you agree to by registering domain names from those registries. You are responsible for reviewing any terms and conditions applicable to or provided by such registries. GENERAL: This Agreement and all applicable ICANN policies and the policies of any relevant registry, including but not limited to the UDRP and URS, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. You represent, warrant, and agree that upon entering into this Agreement, that you are not relying upon and have not relied upon any representation, promise, or statement made by anyone which is not recited, contained, or embodied in this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 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. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us. The parties hereby incorporate the requirements of 41 CFR 60-1.4(a), 300.5(a) and 741.5, if applicable.
Terms of Service
Web Hosting Service Agreement
By using the website hosting services (hereinafter the “Services,” defined further below), you signify your agreement to the terms and conditions contained in this Website Hosting Agreement (hereinafter, the “Agreement”). This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as “you” or “your” (and appropriate formatives), the website hosting service provider offering these services to you, if any, (the “Primary Service Provider”) and the backend service provider HostPrive. (the “Backend Service Provider”). These terms and conditions may be modified from time to time. Modifications made to this Agreement will become effective 30 days after the modifications are posted. This Agreement shall be posted through the interface which you use to configure and/or otherwise order the Services (the “Services Interface”). You agree that you will check the terms and conditions periodically and that, if you no longer agree to the terms and conditions of this Agreement, that you will stop using the Services and that you will terminate the Services as described below in paragraph 4. The Services consist of the website hosting package with the specific configuration which you selected or are going to select through the Services Interface as you use the Services. You acknowledge and understand that important service limitations (including bandwidth limitations and other capacity matrices), pricing (including pricing for optional Services, such as automatic capacity upgrade in the event of overage), the term of the Service, payment terms, and other conditions relating to the Services are conveyed through the Services Interface and are hereby incorporated into this Agreement. You are hereby informed that, if you use a credit card to pay for the Services, that the charge for the Services may appear under a name other than the name of the Primary Service Provider (the name being generally descriptive of the Services) and that, prior to contacting your credit card company in relation to such charges, that you will first contact the Primary Service Provider to verify the charges and the manner of billing. You agree that any chargeback by a credit card company (or similar action by another payment provider) of a charge related to the Services, for whatever reason, is a material breach of this Agreement and is grounds for termination. You further agree that, upon a chargeback by you, you agree and acknowledge that HostPrive may suspend your access to any account you have with HostPrive and your use of any domain names, websites, website content, email, or other data hosted on HostPrive systems. We will reinstate your rights solely at our discretion, and subject to our receipt of the fee owed and our then-current reinstatement fee, currently set at EUR€200. You agree that the Services shall be provided for the term you selected through the Services Interface. Unless you terminate the Services THROUGH THE SERVICES INTERFACE prior to the end of the then extant Services term, you agree that the Services may be renewed for another term of equal duration to the immediately preceding term and that the resulting fees shall be charged to the credit card associated with your account. You agree to hereby waive any requirement which might otherwise be imposed by law which would require that either the Primary Service Provider or the Backend Service Provider obtain your affirmative consent for on-going billings and that your continuing consent to be billed for such renewal(s) may be presumed until such time as you terminate the Services through the Services Interface. You agree that attempts to terminate the Services other than through the Services Interface (such as by sending an email to a general email address of either the Primary Service Provider or the Backend Service Provider) are not reliable means of communication and that such a termination attempt shall not binding until accepted and acknowledged by either the Primary Service Provider or the Backend Service Provider. In relation to renewals, you further agree that it is your obligation to keep the credit card information associated with your account current and that neither the Primary Service Provider nor the Backend Service Provider shall be obligated to contact you to update such information in the event that the charges are denied. You agree that you may not downgrade (reduce) the bandwidth or other capacity matrices of the Services below the level of actual use of the Services which you experienced in the current or previous month. Your use of the Services may be suspended and/or this Agreement may be terminated if either the Primary Service Provider or the Backend Service Provider determines that you are or are alleged to be violating the terms and conditions of this Agreement or any other agreement entered into by you and either the Primary Service Provider or the Backend Service Provider. In the event of termination or suspension of Services under such circumstances, you agree a) that no pre-paid fees will be refunded to you and b) that either the Primary Service Provider or the Backend Service Provider may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration services of either the Primary Service Provider or the Backend Service Provider. You understand that taking control of a domain name includes, without limitation, acts such as listing such controlling party as the “registrant” and/or “administrative contact” for the domain name and controlling the DNS settings for the domain name. Either the Primary Service Provider or the Backend Service Provider may elect to terminate this Agreement without cause and discontinue the Services upon 30 days notice, whereupon any pre-paid fees for an unused portion of a service term shall be refunded to you within a reasonable period of time. You further agree that, within 30 days of your initial enrolment to receive the Services, either the Primary Service Provider or the Backend Service Provider may elect to terminate this Agreement without cause and that, in such event, the termination shall take effect immediately and that any pre-paid fees for an unused portion of your service term shall be refunded to you within a reasonable period of time. The Services are provided through an infrastructure which is shared by all users of the Services. Your use of the Services may be throttled or suspended indefinitely if your use of the Services degrades the ability of either the Primary Service Provider or the Backend Service Provider to provide the Services to other users of the Services. You acknowledge that email and/or online communication systems (chat, account notices, etc.) will be the primary means of communication between yourself and the Primary Service Provider and/or the Backend Service Provider. You acknowledge that it is your responsibility to maintain a current email address and physical mailing address in your contact information. You further agree that you will regularly login to your account to obtain any notices posted through the Services Interface. You agree that your failure to respond to a communication from either the Primary Service Provider or the Backend Service Provider may result in suspension or cancellation of Services without any refund of pre-paid fees, if any. You acknowledge that neither the Primary Service Provider nor Backend Service Provider are obligated to return any data to you upon termination of this Agreement. You acknowledge that it is your responsibility to download, make copies of, and/or backup all data residing on the servers and other equipment which provide the Services and to do so within the bandwidth limitations of the Services. You acknowledge that any loss or corruption of data which occurs due to an interruption in the Services, regardless of the cause of the interruption, shall not be the responsibility of the Primary Service Provider or Backend Service Provider and that you may, following an interruption in the Services, be required to upload the data to the servers and other equipment which provide the Services. You agree that any personally identifying information provided by you shall be used by the Primary Service Provider according to the privacy policy of the Primary Service Provider, if any, and by the of the Backend Service Provider according to the privacy policy. You represent and warrant as follows: that a) you are lawfully entitled to use, display, posses, or access the data uploaded, linked to, framed, or otherwise posted on your website by you and/or by the users of your website; b) that your website and your use of the Services will not infringe the intellectual property rights of any third party; c) that your website and your use of the Services will not violate any laws, including, without limitation, laws relating to unsolicited commercial email, child pornography, collection of identifying information, consumer protection, and privacy; d) that neither you nor those who access your website will upload any worms, virus, or malicious code to the servers which provide the Services; and e) that your website and your use of the Services will not subject either the Primary Service Provider or Backend Service Provider to any claims by any third party, including claims relating to infringement of intellectual property rights or claims relating to the products or services which you may provide or offer through the website hosted through the Services. You further represent and warrant that you will not allow any unauthorized third party to access the account which you use to access the Services. EXCLUSIVE REMEDIES FOR UNPLANNED SERVICE INTERRUPTIONS: You agree that any unplanned or unannounced interruptions in the Services shall not require a remedy unless such unplanned or unannounced interruptions exceed 24 hours in any 30 day period, in which case you agree that the exclusive remedy shall be a credit toward 24 hours of hosting for each 24 hour period of unplanned or unannounced interruptions, and that such credit shall exclusively be applied against the fees owed for your next period of hosting, if any, or shall be exclusively be accomplished by adjusting the end of your then-current Service term. LIMITATION OF LIABILITY: YOU AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE CONTROL OF THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER; (G) THE PROCESSING OF YOUR APPLICATION FOR THE SERVICES; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER OR NOT EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EITHER THE PRIMARY SERVICE PROVIDER OR THE BACKEND SERVICE PROVIDER EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE LIABILITY OF THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. INDEMNIFICATION: YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND SERVICE PROVIDER, THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. WHEN EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY BE INVOLVED IN A SUIT INVOLVING A THIRD PARTY AND WHICH IS RELATED TO THE SERVICES UNDER THIS AGREEMENT, EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU. You agree that the Backend Service Provider shall not be liable for the actions, inactions, negligence, or intentional misconduct of the Primary Service Provider. You acknowledge and agree that neither the Primary Service Provider nor the Backend Service Provider are agents for one another. DISCLAIMER OF WARRANTIES: NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GOVERNING LAW: this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. You agree that any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the United States District Court for the Western District of Washington, or if there is no jurisdiction in such court, then in a state court in King County, Washington state. You consent to the personal and subject matter jurisdiction of any state or Federal court in King County, Washington state in relation to any dispute arising under this Agreement. You agree that service of process on you by either the Primary Service Provider or Backend Service Provider in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.
Terms of Service
ID Protection Service Agreement
PLEASE BE ADVISED THAT IF YOU ELECT TO USE ID PROTECTION SERVICES AS SET FORTH HEREIN, THE REGISTRAR OR ITS AFFILIATES WILL NOT ESCROW CERTAIN DOMAIN REGISTRATION INFORMATION. PLEASE READ THIS ID PROTECTION SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. BY USING THE ID PROTECTION SERVICES (“IDP SERVICES”), YOU AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU AGREE THAT THE “SERVICE PROVIDERS” (DEFINED BELOW) MAY AMEND THIS AGREEMENT BY POSTING THE AMENDED AGREEMENT ON THE WEBSITE WHERE YOU OBTAINED THE IDP SERVICES. YOU AGREE THAT ANY NEW, DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE IDP SERVICES WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY SUBSEQUENT AMENDMENTS HERETO, DO NOT USE, ACCESS, OR CONTINUE TO USE THE IDP SERVICES. CONTINUED USE OF THE IDP SERVICES AFTER CHANGES TO THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. This Agreement is by and between Whois Privacy Protection, Inc., a Nevada corporation (“Backend Service Provider”), the party, if any, other than the Backend Service Provider who makes the IDP Services available to You (“Primary Service Provider;” Backend Service Provider and Primary Service Provider, if any, being together referred to herein as the “Service Providers”), Your heirs, executors, administrators, agents, successors and assigns (“You,” “Your,” and other appropriate formatives). This Agreement sets forth the terms and conditions of Your relationship with the Service Providers and Your use of the IDP Services. You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement for transactions entered into by: (i) You on Your behalf; (ii) anyone acting as Your agent; (iii) anyone who uses the account You establish to obtain the IDP Services, whether or not the transactions were on Your behalf and/or authorized by You. You agree that You will be bound by representations made by third parties You use to obtain the IDP Services. You further agree to abide by the terms and conditions promulgated by the Internet Corporation for Assigned Names and Numbers (“ICANN”), including the Uniform Domain Name Dispute Resolution Policy (“Dispute Resolution Policy,” http://www.icann.org/dndr/udrp/policy.htm) any policy which ICANN may establish with respect to WHOIS information, and the terms and conditions of Your domain name registration with Your registrar (the ICANN-accredited person or entity through which You register a domain name). This Agreement is in addition to domain name registration agreement(s) entered into by You and a registrar when You register or renew domain name registration(s). THE IDP SERVICES If You subscribe to the IDP Services, each domain name registration which You control and which You designate (“IDP Domains”) will thereafter be registered in the name of the Backend Service Provider, as registrant. Your name, postal address, email address, phone and fax numbers shall be kept confidential, subject to Section 5 of this Agreement. The following information (and not Your personal information) will be made publicly available in the “Whois” directory for each IDP Domain: • The Backend Service Provider’s email address, postal address and phone and facsimile number for the registrant, administrative, technical, and billing contacts (“IDP Addresses”); • The primary and secondary domain name servers You designate for the IDP Domain; • The IDP Domain’s original date of registration and expiration date; • The identity of Your registrar, domain name service provider (if different from registrar) and the status of the IDP Domain with the registrar (such as, “active,” “Registrar Lock,” “clienthold,” etc.). Backend Service Provider may modify its information from time to time in such a way which may constitute a “Change of Registrant” under ICANN’s Transfer Policy (the “Transfer Policy”). In such a case, You and Backend Service Provider explicitly opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed under the Transfer Policy due to any such Change of Registrant. In addition, You and Backend Service Provider explicitly authorize the registrar of the IDP Domain to act as its “Designated Agent” (as defined in the Transfer Policy) to approve each “Change of Registrant” (as defined in the Transfer Policy) on its behalf. While You will not be listed as the registrant for the IDP Domains, and other than as described in this Agreement, the Backend Service Provider will not act to control the IDP Domain(s). You will retain the right to sell, transfer, or assign each IDP Domain; You will retain the right to control and set the DNS settings for the IDP Domain(s); You will retain the right to renew each IDP Domain name registration upon expiration (subject to Your registrar’s applicable rules and policies); and You will remain responsible to resolve any and all monetary or other legal claims that arise in connection with Your IDP Domain(s), subject to the remaining provisions of this Agreement. IMPORTANT: THE IDP SERVICES ARE NOT A GENERAL MAIL FORWARDING SERVICE. You agree that You will not provide any third party with the IDP Addresses for the purpose of having such third party transmit communications to You through the Backend Service Provider. Third parties may obtain the IDP Addresses listed in the Whois directory by their own initiative, but You agree that You will not be the one to provide the IDP Addresses to such third parties. PROVISION OF PERSONAL INFORMATION You agree that for each IDP Domain, You will provide to the Service Providers and maintain as current and accurate, the following information: • Your name, address, email address, postal address, phone and fax numbers; • The name, address, email address, postal address, phone and fax numbers for the IDP Domain’s administrative, technical, and billing contacts; • The primary and secondary domain name servers for the IDP Domain; You agree to: (i) update this information immediately as it changes over time; (ii) respond within five (5) business days to any inquiries made by either Service Provider to determine the validity of personal information provided by You; (iii) promptly respond to messages regarding correspondence addressed to or involving Your IDP Domain(s), as more fully set forth in section 6 below. If You do not supply primary and secondary domain name servers, You agree that Backend Service Provider may point Your IDP Domain(s) to an IP address of Backend Service Provider’ choosing until such time as You supply primary and secondary domain name servers. RENEWALS AND FEES If You have selected automatic renewal of the IDP Services through the account which You use to manage Your IDP Services (“Your Account”), You agree i) that the IDP Services shall be automatically renewed 30 days prior to the end of Your IDP Services term, ii) that the Service Provider will attempt to charge the credit card You have on file with the Service Provider at the then current rates, and iii) You waive any requirement to obtain You ongoing affirmative consent to any such automatic renewal. If You do not wish to automatically renew the IDP Services, You agree that the exclusive method for communicating this to the Service Provider shall be by logging into Your Account to ensure that the auto-renewal or renewal option is not selected. You understand that You must do this at least 31 days prior to the end of the then current IDP Service term. It is Your responsibility to keep Your credit card information current and accurate, including the expiration date. If Service Provider is unable to collect renewal or other fees, You agree that a Service Provider may contact You, but is not obliged to do so, and You agree that Service Provider may suspend or terminate the IDP Services as a result of inability to obtain payment. For domain name registrations which are serviced by a registrar other than a Service Provider: If available as an option and if such option selected by You, You agree that either Service Provider shall be authorized to contact Your domain name registration service provider on Your behalf (and using the credit card provided by You) to renew the domain name registration of associated IDP Domains. If Backend Service Provider elects to begin charging fee(s) to forward communications to You (see below), You agree that You may be required to pay such fees before the communications will be forwarded. Backend Service Provider may change its service and forwarding fees at any time. Backend Service Provider may also charge reasonable fees for administrative tasks outside the scope of regular services. These may include, but are not limited to, customer service issues that require personal service and disputes that require legal services. You are responsible for paying all fees and taxes associated with using Backend Service Provider’s services. Payment shall be made by credit card unless other options are indicated in Your Account. You agree that charges may appear on the credit card statement under a descriptive provider identifier, such as “Domain Name Registration Services.” Fees are non-refundable. If for any reason there is a charge back for any fee previously charged to the credit card by Backend Service Provider, You agree that Backend Service Provider may, without notice, pursue all available remedies in order to obtain payment. Without limitation on other remedies which may be available under such circumstances, You agree that Backend Service Provider may assume complete ownership of the IDP Domain(s), that the IDP Domain(s) may be sold to third parties, or that the IDP Domain(s) may be to pointed to IP numbers of Backend Service Provider’s choosing, and that Backend Service Provider may immediate cancel Your Account and all services provided to You. IMPORTANT TERMS REGARDING RELATIONSHIP OF TERM OF IDP SERVICES AND REGISTRATION TERM OF AN ASSOCIATED IDP DOMAIN: You understand that Your IDP Services term begins on the date Your attempt to procure the IDP Services is accepted by the Service Provider(s) and that it shall run for the unit of time which You order (typically, this would be one year). You understand that the IDP Services term may be different than the registration term of the IDP Domain which is associated with the IDP Services. If an IDP Domain expires and is deleted before the end of the term of the associated IDP Services, then the IDP Services associated with the domain will end when the IDP Domain is deleted and You understand that there will be no refund for any resulting unused portion of an IDP Services term. If the IDP Services term ends while the registration term for an IDP Domain is still ongoing, then the IDP Services will no longer be provided, the personal information specified in section 2 shall be listed in the WHOIS output for the (then former) IDP Domain, and the communications forwarding services specified in section 6 will no longer be provided. YOUR REPRESENTATIONS & WARRANTIES You represent and warrant that all information provided by You pursuant to this Agreement is truthful, complete, current and accurate and You represent and warrant that You will maintain all information in this status throughout the term of this Agreement. You also represent and warrant that You are using the IDP Services in good faith and that You have no knowledge or reason to believe that Your IDP Domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party’s trademark or trade name. You also warrant that neither the IDP Services nor IDP Domain(s) will not be used in connection with any illegal or morally objectionable activity (as defined below in section 5), or, in connection with the transmission of unsolicited commercial email (“Spam”). SERVICE PROVIDER’S SUSPENSION OR TERMINATION OF SERVICE AND DISCLOSURE OF YOUR PERSONAL INFORMATION In the event of any of the following: • If the IDP Domain(s) is (are) alleged to violate or infringe a third party’s trademark, trade name, copyright interests or other legal rights of third parties; • If You breach any provision of this Agreement or an anti-Spam policy of either Service Provider; • If You breach any provision of Your registrar’s Registration Agreement; • If necessary to protect the integrity and stability of the applicable domain name registry; • If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement; • If Backend Service provider is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the IDP Services or an IDP Domain; • If necessary to comply with ICANN’s Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude use a service such as ID Protect); • If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of Backend Service Provider, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees; • OR if it comes to Backend Service Provider’s attention that You are alleged to be using the IDP Services for purposes of engaging in, participating in, sponsoring or hiding Your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) appeal primarily to prurient interests; (ii) defame, embarrass, harm, abuse, threaten, or harass; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party’s privacy, race, ethnicity, or are otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information, THEN You understand and agree that Backend Service Provider has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the IDP Services, close Your Account, terminate provisionment of the IDP Services, list the information You provided in section 2 in the Whois output or provide the information You provided in section 2 to a claimant, resolve any and all third party claims, whether threatened or made, arising out of Your use of IDP Domain, or take any other action which Backend Service Provider deems necessary. In the event Backend Service Provider takes any of the actions set forth above or in the event You elect to cancel the IDP Services for any reason, neither Service Provider will refund any fees paid by You for the IDP Services. You also acknowledge and agree that Backend Service Provider may, in its sole discretion and without any liability to You whatsoever, cancel the IDP Services during the first thirty (30) days after You procured the IDP Services, and/or suspend Your rights under this Agreement and list the IDP Addresses during resolution of a dispute or investigation of allegations. FORWARDING COMMUNICATIONS You agree that Backend Service Provider will review communications sent to the IDP Addresses associated with Your IDP Domain. For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail which does not appear to be unsolicited commercial mail, Backend Service Provider may either i) forward such communication to You or ii) may attempt to communicate to You a scanned copy of a page of the communication to ascertain Your desires with respect to forwarding the communication to You. You specifically acknowledge that Backend Service Provider may elect to not forward to You (nor to otherwise communicate with You) regarding first class postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications which offer or advertize the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from Your having used the IDP Services as a general mail forwarding service (see section 1, above). You authorize Backend Service Provider to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by Backend Service Provider, including failures which arise from Backend Service Provider’s mistake in judging whether a communication appears to be an unsolicited communication. Email. The Whois directory generally requires an email address for every purchased domain name registration. When You purchase IDP Services, Backend Service Provider creates an email address for that domain, “[email protected]”. Thereafter, when messages are sent to the email address listed in the IDP Address, Backend Service Provider forwards such messages to the email address You listed in section 2. If such email address becomes non-functioning or if email to such address bounces, Backend Service Provider is not obligated to attempt to contact You through other means. You agree that Backend Service Provider may elect, in Backend Service Provider’s sole discretion, to allow You to access Your Account and view email sent to the IDP Addresses, though such alternative means of servicing Your Account is an option and not a requirement. Your Obligation to Respond to communications from the Backend Service Provider: When Backend Service Provider receives a communication which may warrant forwarding to You, per the terms of this Agreement, Backend Service Provider will send an email to the email address You provided to Backend Service Provider pursuant to section 2. The email message will identify the sender of the correspondence and the date received. As an alternative, You agree that Backend Service Provider may allow You to access Your Account to view full or partial scanned copies of (non-email) communications sent to the IDP Addresses and that You may be required to interact with Your Account to have the physical originals of such communications forwarded to You and that if You do not interact with Your Account in the ways indicated upon accessing Your Account, that the communications may not be forwarded to You. In either event, You will have seventy-two (72) hours to decide whether to have the communication(s) forwarded. If You do not respond within this time period, the communication(s) will not be forwarded. Method of forward will be determined by Backend Service Provider. Communication(s) may not be immediately forwarded upon Your election; there may be a delay and communication(s) may be aggregated to be forwarded together. The Backend Service Provider may begin charging fees for forwarding communications or may change the method by which communications are forwarded without written notice. In the event You do not respond to communications from the Backend Service Provider regarding communications received at the IDP Address, Backend Service Provider may immediately reveal the information You provided pursuant to section 2 and/or cancel the IDP Services regarding either the IDP Domain in question or with respect to all of Your IDP Domains, depending on the circumstances. This means the Whois directory will revert to displaying Your name, postal address, email address and phone number. This action would be taken because Backend Service Provider will not become involved in any legal or other matters between You and third parties. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, THE IDP SERVICES, USE OR INABILITY TO USE THE PRIMARY OR BACKEND SERVICE PROVIDER(S) WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRIMARY AND BACKEND SERVICE PROVIDERS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW. You further understand and agree that the Primary and Backend Service Providers disclaim any loss or liability resulting from: (i) the inadvertent disclosure or theft of Your personal information; (ii) access delays or interruptions to our web site or the web sites of affiliated parties; (iii) data non-delivery or misdelivery between You and the Service Providers; (iv) the failure for whatever reason to renew the IDP Services; (v) the unauthorized use of Your Account or any of the Service Provider’s services; (vi) errors, omissions or misstatements by either Service Provider; (vii) deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either You or the email address listed for Your IDP Domain; (viii) processing of updated information regarding Your Account; (ix) any act or omission caused by You or Your agents (whether authorized by You or not). YOU AGREE THAT, IN ANY EVENT, THE PRIMARY AND BACKEND SERVICE PROVIDERS’ RESPECTIVE MAXIMUM LIABILITY TO YOU SHALL BE CAPPED BY THE LESSER OF THE AMOUNT OF FEES PAID BY YOU TO EACH SERVICE PROVIDER IN THE PRECEDING YEAR WITH RESPECT TO THE SERVICES WHICH GAVE RISE TO THE LIABILITY OR $100.00 PER IDP DOMAIN. INDEMNITY You agree to release, defend, indemnify and hold harmless the Primary and Backend Service Providers, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, arising out of or related in any way to this Agreement, the IDP Services, the web sites of the Service Providers, Your Account, and/or Your use of Your IDP Domain. BACKEND SERVICE PROVIDER WARRANTY DISCLAIMER THE BACKEND SERVICE PROVIDER, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE WEB SITES OF THE BACKEND SERVICE PROVIDER OR ANY WEB SITES LINKED TO SUCH WEB SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL BACKEND SERVICE PROVIDER SERVICES, AS WELL AS THE BACKEND SERVICE PROVIDER WEB SITE, ARE PROVIDED “AS IS”. YOUR SUBSCRIPTION TO AND USE OF BACKEND SERVICE PROVIDER’S SERVICES AND ITS WEB SITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW. COPYRIGHT & TRADEMARK You understand and agree that all content and materials contained in this Agreement, the Privacy Policy and the Backend Service Provider web site, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Backend Service Provider reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using any of the afore-described content and materials without the written permission of Backend Service Provider. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise. MISCELLANEOUS PROVISIONS a) Venerability; Construction; Entire Agreement. You agree that if any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree that this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and Backend Service Provider regarding the services contemplated herein. b) Governing Law; Venue; Waiver Of Trial By Jury. This Agreement shall be governed in all respects by the laws and judicial decisions of King County, Washington, excluding its conflicts of laws rules. You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of King County, Washington. For the adjudication of domain name registration disputes and disputes under this Agreement, You agree to submit to the exclusive subject matter and personal jurisdiction of the state and Federal courts located in King County, Washington, You agree that venue shall be proper in such jurisdiction, and You agree to waive any objection You may have to jurisdiction and venue in such forum. You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement and You agree that service upon You may be accomplished by depositing the summons and complaint in the United States mail, first-class mail, postage pre-paid, addressed to the address provided by You in section 2, which service shall be deemed to be effective five days after deposit. c) Term of Agreement; Survival. The term of this Agreement begins on the date Your attempt to procure the IDP Services is accepted by the Service Provider(s). The term shall run for the unit of time which You ordered when You procured the IDP Services, unless terminated or suspended sooner according to the terms of this Agreement. Sections 6 (Forwarding Communications), 7 (Limitation of Liability), 8 (Indemnity), 9 (Warranty Disclaimer) and 11 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.
Terms of Service
Email Service Agreement
THIS AGREEMENT HAS A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES. This Email Service Agreement (“Agreement”) sets forth the terms and conditions between you and EderHost, Inc. (referred to as “we”, “us” and “our”) for use of the our Email service (the “Email Service”). The Email Service is provided to individuals who are eighteen (18) years of age or older. Please take the time to review this document carefully. By completing the registration process and indicating that you have read and agreed to this Email Service Agreement (“Agreement”), you are stating that you are eligible to receive the Email Service and that you agree to be bound by all the terms and conditions set forth in this Agreement. PRIVACY It is our policy to respect your privacy. Please review our Privacy Policy to learn more about our policies and practices regarding your privacy while using our services. ACCEPTABLE USE POLICY The Email Service provided by us is intended for individuals and is for your use only. Any unauthorized resale of the Email Service provided is expressly prohibited. You are responsible for providing us with complete and accurate information during the registration process. You are responsible for abiding by all local, national and international laws and regulations. Furthermore you agree to be solely responsible for all acts and omissions carried out under your username and password, including the content of your transmissions sent through the Email Service. By using the Email Service, you agree to not engage in any inappropriate activities, which include, but are not limited to the following: • Create a false identity for the purpose of misleading others. • Use the service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any other duplicative or unsolicited e-mail messages. • Interfere with another user’s enjoyment of this service or other similar services. • Collect any information about others without their prior consent. • Attempt to gain unauthorized access to our services, other accounts, computer systems and networks connected to the Email Service through any means or attempt to circumvent any protections or security systems. • Publish, distribute or disseminate any materials deemed to be inappropriate, profane, indecent, defamatory, infringing, obscene or unlawful by applicable law or regulations. • Transmit or upload any materials intended to defame, harass, threaten, abuse, stalk or otherwise harm other individuals. • Transmit or upload any harmful materials such as viruses or any other malicious programs. • Transmit or upload any material that violate intellectual property laws, trademark and copyright laws or rights of privacy unless you own or control or own the rights to the material or have obtained the necessary permission to do so. ABUSE We do not tolerate abuse of our services. We reserve the right to terminate any account, which we believe, in our sole discretion, is using the Email Service to transmit spam or other unsolicited commercial messages. You agree to be held liable for any damages incurred by the abuse of our Email Service. FEES You agree to pay, prior to the effectiveness of the Email Service, the applicable fees for the Email Service. In the event any of the fees for the Email Services change, we will use reasonable efforts to give you thirty (30) days prior notice of such changes. All fees are non-refundable, in whole or in part, even if you the Email Service is suspended or cancelled. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another. LIMITATION OF LIABILITY WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE EMAIL SERVICE, (b) USE OF THE EMAIL SERVICE, (c) INTERRUPTION OF THE EMAIL SERVICE OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE EMAIL SERVICE; (e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT OR PASSWORD; OR (h) APPLICATION OF ANY DISPUTE POLICY. WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR EMAIL SERVICES, BUT IN NO EVENT GREATER THAN $400.00 (US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. DISCLAIMER OF WARRANTY We provide the Email Service on an “as is” basis without any expressed or implied representations, warranties or conditions. We do not guarantee that that the Email Service is offered in a timely, secure, or error-free manner. To the fullest extent permitted by applicable law, we disclaim all warranties and conditions, express or implied, including but not limited to merchantability, merchantable quality, correspondence to description and fitness for a particular purpose. INDEMNIFICATION You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers and employees harmless from any claim, demand, or damage including reasonable attorney’s fees asserted by any third party due to or arising out of your use of or conduct on the Email Service. TERMINATION We have the authority to terminate all or part of the Email Service with or without cause at any time. We may terminate your account if you violate any term of this Agreement. We may terminate your account for inactivity, which is defined as failing to log in to your account for an extended period of time. If you wish to terminate your account voluntarily, you may do so by discontinuing the usage of the Email Service. Upon termination of your account, your right to use that account immediately ceases, and we have no further obligations to maintain the content in your account or to provide you any further services. PROPRIETARY RIGHTS All content, including but not limited to text, images, graphics, software, code or other material contained in our web site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content made available through the Email Service and all our related web sites, including all code and software. MODIFICATIONS TO TERMS OF SERVICE AGREEMENT We reserve the right to change or modify this Agreement at any time. In the event of a change or modification to this Agreement, we will notify you by posting an updated version of this Agreement on this web site. You are responsible for regularly reviewing this Agreement. Continued use of the Email Service after any such changes or modifications shall be taken as your acceptance to be bound by the terms and conditions set forth in the modified Agreement. GOVERNING LAW AND JURISDICTION FOR DISPUTES With respect to any dispute concerning the Email Service, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration in King County, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your account with us or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or the email address provided by us via the Email Service. GENERAL This Agreement, together with all modifications, constitutes the complete and exclusive agreement between you and us, and supersedes and govern all prior proposals, agreements, or other communications with respect to the Email Service. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 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.
Terms of Service
Google Cloud Service Agreement
By accepting our Terms of Service, you agree as well as to Google Cloud Service Terms and Conditions. CLICK HERE to read more about the Google Cloud Service Terms and Conditions
Terms of Service
Comodo Agreement
By accepting our Terms of Service, you agree as well as to Comodo Terms and Conditions. CLICK HERE to read more about the Comodo Terms and Conditions
Terms of Service
DigiCert Agreement
By accepting our Terms of Service, you agree as well as to DigiCert Terms and Conditions. CLICK HERE to read more about the DigiCert Terms and Conditions
Terms of Service
Sectigo Agreement
By accepting our Terms of Service, you agree as well as to Sectigo Terms and Conditions. CLICK HERE to read more about the Sectigo Terms and Conditions
Terms of Service
Hetzner Agreement
By accepting our Terms of Service, you agree as well as to Hetzner Terms and Conditions. CLICK HERE to read more about the Hetzner Terms and Conditions
Terms of Service
Sitelock Agreement
By accepting our Terms of Service, you agree as well as to Sitelock Terms and Conditions. CLICK HERE to read more about the Sitelock Terms and Conditions.
Terms of Service
Reseller Agreements
THIS AGREEMENT HAS A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES. This Reseller Agreement (“RSA”) is a legal agreement by and between you, as you have identified yourself in your account information (“You” and “Your”), the backend service provider, HostPrive, Incorporated. (“HostPrive”) and, the primary service provider, HostPrive.com (the “Primary Service Provider”). If You are buying the Services (defined below) directly from HostPrive, HostPrive is both Your backend service provider and your Primary Service Provider. You warrant that the information You provide in Your account with HostPrive (“Your Account”) is accurate and that You will keep it updated. This RSA sets forth the terms and conditions of Your use and resale of HostPrive’s Domain Name Registration and related services (“Services”). By using the Services, You acknowledge that You have read, understand and agree to be bound by this RSA, along with any additional terms, conditions or policies which HostPrive or ICANN may establish from time to time, the current version of which can be found here: Term of Services. In addition to transactions entered into by You on Your behalf, You also agree to be bound by this RSA for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your Account. This RSA will only be effective upon HostPrive’s provision of the Services to You. The terms and conditions of this RSA may be modified from time to time by HostPrive. Such modifications become effective 30 days after HostPrive notifies You of the modifications or immediately upon Your express consent to the revised terms and are effective from that date forward. You agree that we may notify You of the modifications by, for example, sending email to You at Your email address of record. If You do not agree to the terms and conditions of this RSA as modified, You may send us a cancellation notice and You will remain subject to the unmodified terms and conditions of this RSA (except Section 5 ICANN Obligations will apply to You) for the remainder of the term of the RSA, after which Your RSA will terminate. 1. Reselling the Services. 2. Subject to the terms and conditions of this RSA, HostPrive grants You a non-exclusive, non-transferable license to resell the Services worldwide. The Services include, but are not limited to those Services listed on our site at Reseller Hosting and any other Services as HostPrive may make available in Your Account from time to time. Certain of the Services are offered only subject to additional terms and conditions which are available at Term of Services (e.g., the HostPrive Registration Agreement, the ID Protect Agreement, etc.). To resell these Services, You and Your Sub-Resellers (defined below) and each of Your end customers purchasing these Services must agree to these additional terms and conditions as they may be updated from time to time. You agree to indemnify and hold harmless HostPrive for any failure by You or a Sub-Reseller below Your Account to obtain the consent of any Sub-Reseller or customer to these additional terms and conditions. The Services do not include other services which are not made available through Your Account by HostPrive, its third party licensors or a Primary Service Provider other than HostPrive. If Your Primary Service Provider is not HostPrive, it is an independent reseller of HostPrive and may offer its own services under separate agreement. 3. You may authorize sub-resellers on Your Account to resell the Services (“Sub-Resellers”) via accounts attached to Your Account (“Sub-Accounts”). You are responsible to HostPrive for the costs, fees, expenses, acts and omissions of Your Sub-Resellers and any Sub-Resellers “below” them in Your Account or any Sub-Accounts. You are required to have all Sub-Resellers acknowledge and agree to the terms of this RSA. You agree to comply and ensure compliance by Your Sub-Resellers with this RSA, all applicable HostPrive or ICANN policies, laws and regulations in reselling the Services. In the event a Sub-Reseller’s Sub-Account is terminated by the Sub-Reseller, You or HostPrive, You will be responsible for the Sub-Account. 4. If You stop using Your Account, become unavailable to HostPrive, Your Primary Service Provider (if applicable), Your customers or Sub-Resellers, or this RSA is terminated by HostPrive for any reason, HostPrive may, but is not obligated to, assume direct control over any of Your customers and/or Sub-Accounts. 5. Points, payments, and commissions. 6. You may be required to purchase “Points” to obtain all or certain of the Services. When You purchase Points, Your price for the Points may also include certain costs, such as online taxes and a convenience fee established by HostPrive (currently set at 5%, subject to change at any time in HostPrive’s sole discretion), which will not be reflected in Your Point total. For example, when You pay $100 toward the purchase of Points with Your credit card or PayPal account, You will be charged a convenience fee for online access, and in the event the convenience fee is 5%, and 95 Points will be deposited into Your Account. You agree to pay, prior to the effectiveness of the desired Services, the applicable Service fees communicated to You. If You have a Primary Service Provider other than HostPrive, Your pricing for the Services is determined by Your Primary Service Provider. HostPrive accepts checks and/or wire transfers with no additional charges. Please contact HostPrive to arrange such a payment. Points are non-refundable for any reason and are not transferable without the consent of HostPrive, which may be denied for any reason. You will be responsible for all merchant services fees, outlined in the Merchant Services Agreement, for any transaction originating from all Sub-Accounts below Your Account. 7. Points and certain of the Services may be purchased using a credit card. You authorize HostPrive to debit the credit card You present in relation to a particular transaction or the credit card You otherwise provide through Your Account. You must present only approved transactions to HostPrive. Prior to contacting Your credit card company in relation to such charges, You will first contact Your Primary Service Provider (if Your Primary Service Provider is not HostPrive) and thereafter HostPrive to verify the charges and the manner of billing. You must require all Sub-Resellers and all customers in and below Your Account to only present approved transactions to HostPrive and to contact HostPrive regarding charges, as described above. Any chargeback by a credit card company or similar action by or through another payment provider relating to payment to HostPrive, for whatever reason, whether by You, by any Sub-Reseller or customer below Your Account i) is a material breach of this RSA, ii) is an act for which You agree to be jointly and severally liable to make HostPrive whole, iii) is an act with respect to which HostPrive will charge $35.00 per incident, in addition to merchant services fees and other payment provider service charges which may be charged to HostPrive, and iv) that the same shall be grounds for suspension and/or termination of this RSA and the Services. Under such circumstances, HostPrive may suspend Your access to any and all of Your Accounts and may assume all right, title, interest in, and use of any domain name registration(s) and/or websites, email, or other data hosted on systems controlled by HostPrive (the “Collateral”). HostPrive will reinstate rights in the Collateral solely in its discretion, subject to receipt of the fee(s) owed and the then-current reinstatement fee, currently set at US$200. You hereby acknowledge and consent to HostPrive’s right, but not obligation, to sell, dispose of, or retain the Collateral if HostPrive determines the same to be a means of obtaining some monetary or other satisfaction or security, even if You assert that the value of the Collateral exceeds the amount You owe HostPrive. 8. HostPrive may require that You pay for Points or the Services using a particular payment means, such as by wire transfer. HostPrive may also demand reasonable assurance of payment at HostPrive’s sole discretion. 9. If You are using HostPrive’s merchant services provider (credit card processing company), receipts from Your customers and Sub-Resellers will be processed by the merchant services provider(s) selected by HostPrive and will be subject to convenience fees, taxes any and ICANN fees or assessments. 10. You authorize HostPrive to deduct from Your Points any amounts owed by You to HostPrive, including, without limitation, amounts owed as a result of Your indemnification of HostPrive for third party claims and any administrative costs, including reasonable administrative costs which may be charged for inactive accounts. 11. You authorize HostPrive to sell, take title to, and/or use any Collateral as a means of obtaining some monetary or other satisfaction for any amounts owed by You to HostPrive, including, without limitation, amounts owed as a result of Your indemnification of HostPrive for third party claims and any administrative costs, including reasonable administrative costs which may be charged for inactive accounts. 12. If You have Sub-Account(s) below Your Account, You may earn commissions from sales generated by such Sub-Account(s). Such commissions will amount to the difference between the following: i) the price You charge the Sub-Reseller, less merchant service fees, taxes and ICANN fees; and ii) the price You are charged for the Services. When You have a balance greater than $25.00 (U.S.) in commissions which have aged more than 90 days (which allows time for chargebacks and reversed transactions), You will be able to have Your commissions transferred to Your Account balance, sent to You via a check deposited in the U.S. mail (another reason to keep Your Account information current) or via direct deposit, when and if direct deposit becomes available. Commissions will be reported through Your Account in Your Available Commission Balance. Your Point balance is not part of Your Available Commission Balance. 13. Support. You are responsible for providing customer service, billing, and technical support to Your customers, Sub-Resellers and customers of Your Sub-Resellers. HostPrive will provide telephone and/or email support to You 24 hours, 7 days per week. HostPrive may, but is not obligated to, provide support directly to Your customers. If HostPrive receives communications from registrants or from third-parties regarding Services provided in Your Account or any Sub-Accounts, HostPrive will, where appropriate, forward such communications to You, the applicable Sub-Reseller, or the Primary Service Provider (if Your Primary Service Provider is not HostPrive) at HostPrive’s discretion for further action; however, reserves the right to respond to such communications directly. If HostPrive determines that You are providing inadequate support to Your customers or Sub-Resellers (resulting in, for example, an excessive number of support calls directly from Your customers), You will be in breach of this RSA and HostPrive may terminate this RSA. 14. Licensed Use of Trademarks and Technology. The Services may only be accessed through the application programming interface (including the associated documentation, the “API”), Your Account, websites created by HostPrive which use the API, updates and upgrades thereto, and through such other means and technologies which HostPrive makes available through its websites or downloads (collectively, the “Technology”). 15. HostPrive hereby grants to You a non-exclusive, non-transferable, royalty-free, terminable license, exercisable solely during the term of this RSA, to use the Technology solely for the purpose of accessing and using the Services. With the exception of Your Account, this license right may be sublicensed to Sub-Resellers in Your Account and in Sub-Accounts below Your Account, but only subject to all license terms and restrictions of this RSA, only during the term of this RSA, and only so long as performance of the Services by HostPrive has not been suspended. 16. HostPrive hereby grants You a non-exclusive, worldwide, fully paid up, royalty free, terminable right and license to use HostPrive’s trademarks (the “Trademarks”) solely as provided by HostPrive and solely as pre-approved in writing in connection with the marketing and promotion of the Services. All approved uses of Trademarks will inure to the benefit of HostPrive and must comply with HostPrive Trademark and Branding. 17. Except for the rights expressly granted above, this RSA does not transfer from HostPrive to You or Your customers any HostPrive Trademarks, technology or intellectual property rights, and all rights, titles and interests in and to the Trademarks, Technology and intellectual property remain solely with HostPrive. 18. You shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Technology. 19. You shall not branch or otherwise prepare derivatives of the API. 20. You shall not copy or use the Technology except as specified in this RSA. 21. You shall not create, apply for, or otherwise procure any rights in any Trademarks or any patent or copyright interest in the Technology and any derivative thereof (“IP Interest”) which IP Interest would block, impede, or make more expensive HostPrive’s continued use and enjoyment of the Technology. If You breach the provisions of this Section, any IP Interests created thereby shall be assigned to HostPrive at the point they are fixed in tangible form. You agree to execute any documents necessary to affect an assignment of any such IP Interests to HostPrive without compensation. 22. You shall not use the Technology to communicate with or control a system other than one(s) designated by HostPrive, and You may not access the Services using any access mechanism other than the Technology. 23. You shall not abuse the Service infrastructure. “Abuse” in the foregoing sentence means, by way of example and without limitation, any action or conduct which degrades service to other users of the shared Services and Technology. 24. ICANN Obligations. Pursuant to HostPrive’s Registrar Accreditation Agreement with ICANN (a current version of which can be found here) (the “RAA”) You must comply with the following terms: 25. You must not display the ICANN or ICANN-Accredited Registrar logo, or otherwise represent Yourself as accredited by ICANN unless You have written permission from ICANN to do so. 26. For the avoidance of doubt. You shall require all of Your Customers and Sub-Resellers to enter into an electronic or paper registration agreement. Without limiting the generality of anything herein, the registration agreement You use with Your customers and Sub-Resellers shall (i) include all registration agreement provisions and notices required by the RAA and any ICANN Consensus Policies, (ii) identify HostPrive as the sponsoring registrar or provide a means for identifying the sponsoring registrar, such as a link to the InterNIC Whois lookup service; and (iii) explicitly authorize HostPrive to act as the registrant’s “Designated Agent” (as defined in ICANN’s transfer policy) to approve each “Change in Registrant” (as defined in ICANN’s transfer policy) on the registrant’s behald. Notwithstanding the foregoingm You shall modify all “Pricing Page” hyperlinks in the HostPrive Registration Agreement to point to a pricing page on your website which publishes Your domain name registration fees, renewal fees, transfer fees, post-expiration renewal fees (if different) and redemption/restore fees. In addition, You must identify HostPrive as the sponsoring registrar upon inquiry from Your customer or Sub-Resellers. 27. You must comply with any ICANN-adopted specification or policy that establishes a program for accreditation of individuals or entities who provide proxy and privacy registration services (a “Proxy Accreditation Program”). Among other features, the Proxy Accreditation Program may require that proxy and privacy registration services may only be provided in respect of domain name registrations by individuals or entities accredited by ICANN pursuant to such Proxy Accreditation Program. In such a case, You must not knowingly accept registrations from any provider of proxy and privacy registration services that is not Accredited by ICANN pursuant to the Proxy Accreditation Program. Until such time as the Proxy Accreditation Program is established, You must comply with the Specification on Privacy and Proxy Registrations. 28. ICANN has published an educational webpage summarizing the terms of the RAA and related consensus policies. You must provide a link to such webpage on any website You may operate for domain name registration or renewal, such link which must be clearly displayed to Your customers at least as clearly as You link to policies or notifications required to be displayed under ICANN consensus policies. 29. You must publish on Your website(s) and/or provide a link to the Registrants’ Benefits and Responsibilities and shall not take any action inconsistent with the RAA or applicable law. 30. Any other terms and conditions which come into effect through the revision of the RAA by ICANN or through the introduction of any amended or new ICANN consensus policy, whether or not HostPrive gives You notice of such revisions, amendments, or new policies. In addition to any other right to terminate set forth in this RSA, HostPrive specifically has the right to immediately terminate this RSA, without notice or right to cure, in the event that You violate any terms found in this Section 5. 1. License by You to HostPrive. In connection with providing materials to HostPrive in performance of the Services, You grant HostPrive a limited license to modify, adapt, incorporate with other material, and otherwise to use the materials provided by You but only to the extent necessary or useful to provide the Services as directed by You. You warrant that the materials provided by You to HostPrive are Your sole property or that You have obtained appropriate licenses to the material such that HostPrive’s use of the material in providing the Services shall not subject HostPrive to a claim. 2. Restrictions on Use of Services. You must not make any representations or warranties about the Services to any of Your customers or Sub-Resellers or any other third party that are inconsistent with this RSA. You agree not to use the Services, or to allow Your customers or Sub-Resellers to use the Services for: 3. The transmission of unsolicited email (spam); 4. Repetitive, high volume inquires or other excessive use or abuse of the Services or Technology; 5. Any activity which results in HostPrive’s IP addresses being reported to spam blocking organizations or other organizations which attempt to police or monitor abuse of the Internet; 6. Any illegal, dishonest, deceptive or unfair trade practices; 7. Any use which fails to abide by customary industry acceptable use policies or any applicable laws. In addition to any other right to terminate set forth in this RSA, HostPrive specifically has the right to immediately terminate this RSA, without notice or right to cure, in the event that You violate any terms found in this Section 7. 1. Suspension or Termination of the Services. In addition to any other rights or remedies of HostPrive herein, HostPrive reserves the right to suspend performance of the Services or to preclude use of or access to the Technology in the event of an unresolved breach of this RSA or suspension or cancellation is required by any policy now in effect or later adopted by ICANN. You agree that Your failure to comply completely with the terms and conditions of this RSA and any HostPrive rule or policy may be considered to be a material breach of this RSA and HostPrive may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide HostPrive with material evidence that You have not breached Your obligations within ten (10) business days, HostPrive may terminate this RSA and take any remedial action available to HostPrive under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, cancelling the registration of any of Your domain names and discontinuing any Services provided to You. No fees will be refunded to You should Your RSA be cancelled or Services be discontinued because of a breach. 2. Term of this RSA and Termination. This RSA is effective for a period of one year from the date of creation of Your Account by HostPrive. This RSA will then renew for an indefinite number of one-year terms. Upon at least thirty (30) days written notice (including notice via email), either party may terminate this RSA. HostPrive also retains the right to terminate this RSA immediately if HostPrive determines, in its sole discretion, that You, Your customers or Your Sub-Resellers have failed to comply with any term or condition of this RSA, or that Your use of the Services presents an unreasonable risk of harm to HostPrive or its affiliates, the Service, other users, or members of the general public. 3. Confidentiality. During the term of this RSA and for one (1) year thereafter, each party must treat the other party’s Confidential Information as confidential, and must not use such Confidential Information except as expressly permitted under this RSA. Each party shall take reasonable measures to prevent the disclosure and unauthorized use of the Confidential Information of the other party; which shall be no less than the same degree of care that such party uses to protect its own like information. Neither party will use the other’s Confidential Information for purposes other than those necessary to directly further the purposes of this RSA. Neither party will disclose to third parties the other’s Confidential Information without the prior written consent of the other party. For purposes of this RSA “Confidential Information” means any non-public information relating to either party’s business, product plans, designs, costs, prices and names, finances, business opportunities, personnel, research development or know-how. “Confidential Information” does not include information that: (i) is or becomes publicly known or available through no fault of the receiving party; (ii) is already known by the receiving party at the time of disclosure; (iii) is independently developed or learned by the receiving party without reference to the other party’s Confidential Information; or (iv) is lawfully obtained from a third party that does not have an obligation of confidentiality to the disclosing party. It is not a breach of this RSA to disclose Confidential Information of the other party pursuant to an order or requirement of a court, administrative agency, other governmental body, or securities exchange. 4. Disclaimer of Warranties. HostPrive DOES NOT WARRANT THAT PERFORMANCE OF THE SERVICES OR USE OF THE TECHNOLOGY WILL BE UNINTERRUPTED, ERROR FREE, OR THAT IT WILL NOT BE NECESSARY FOR YOU TO PROVIDE NOTICE OF ERRORS TO YOUR CUSTOMERS OR SUB-RESELLERS. 5. Indemnification. You, at Your own expense, will indemnify, defend and hold harmless HostPrive and its employees, directors, officers, representatives, agents and affiliates against any claim, suit, action, or other proceeding based on or arising from any claim or alleged claim (i) arising from a breach by You of any covenant, representation or warranty in this RSA, including but not limited to the ICANN Obligations set forth in Section 5; (ii) relating to any product or service of Yours; (iii) relating to Your use or Your Sub-Resellers use of the Services; or (iv) relating to Your domain name registration and related service business, including, but not limited to, Your advertising, domain name application process, systems and other processes, fees charged, billing practices and customer service; provided, however, that in any such case: (a) HostPrive provides You with prompt notice of any such claim, and (b) upon Your written request, HostPrive provides You with all available information and assistance reasonably necessary for You to defend such claim, provided that You reimburse HostPrive for actual and reasonable costs. You shall not enter into any settlement or compromise of any such indemnifiable claim without HostPrive’s prior written consent, which consent shall not be unreasonably withheld. You shall pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by HostPrive in connection with or arising from any such indemnifiable claim, suit, action or proceeding. 6. Limitation of Liability. 7. A material provision of entering into this RSA is that HostPrive’s liability shall be limited as follows: In relation to each component of the Services for which a separate fee is charged, HostPrive shall be liable in an amount no greater than the fees received by HostPrive for performing the specific transaction(s) that gave rise to the liability. HostPrive’s aggregate liability for all claims of any sort shall not exceed the aggregate amount received by HostPrive from You over the term of this RSA. HostPrive shall not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration, or inadvertent disclosure of data, information, or content transmitted, received, or stored on its or any third party systems. With respect to passwords, account identifiers, and other systems used to control access to Your Account, it is Your responsibility to safeguard such passwords, account identifiers, and other systems used to control access to Your Account. As a service to You, HostPrive may, but is not required to, take reasonable measures to verify the identity of parties who claim to have lost or forgotten passwords and/or account information and to then provide the information to such parties and that HostPrive shall not be responsible to You for losses or claims for any inadvertent disclosure of such passwords which may result thereby. HostPrive is entitled to email passwords to designated email account(s), to phone designated phone numbers, or to employ security questions as a means to verify the identity of the party entitled to control Your account. 8. EXCEPT AS EXPRESSLY PROVIDED IN THIS RSA, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES, OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS RSA, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. 9. Independent Contractors. The parties to this RSA are independent contractors and have no right or authority to bind or commit the other party in any way without the other party’s express written authorization to do so. This RSA does not create an employer/employee, joint venture, partnership, or agency relationship between the parties. 10. Audit. During the term of this RSA and for seven (7) years thereafter, You must maintain (a) in electronic, paper, or microfilm form, all written communications constituting registration applications, confirmations, modifications, or terminations and related correspondence with Your customers, including registration contracts; and (b) in electronic form, records of the accounts of all Your customers, including dates and amounts of all payments and refunds in conjunction with domain name registrations. Upon request, You will provide any information identified in this Section 15 to HostPrive within two (2) business days and otherwise cooperate with HostPrive in any compliance, regulatory or legal issue arising out of the registration of domain names. Your failure to provide any such information to HostPrive within two (2) business days or Your failure to provide such cooperation will be a material breach of this RSA. 11. Assignment.You must not assign, transfer, or otherwise dispose of this RSA or any of Your rights, benefits, or interests under this RSA without prior written consent of HostPrive, and any such assignment in violation shall be void. HostPrive may also assign this RSA to a party which acquires the assets of HostPrive which relate to performance of this RSA. HostPrive may assign all or part of its rights and obligations under this RSA to its parent corporation, to a subsidiary, to its survivor in connection with a corporate reorganization, to any entity acquiring all or substantially all of its property, or to any entity into which it is merged or consolidated. No assignment of this RSA shall operate to discharge the assignor of any duty or obligations hereunder without prior written consent. 12. Taxes. Unless specified otherwise, the fees for the Service do not include taxes. If HostPrive is required to pay ICANN fees or United States or international sales, use, property, value-added, royalty, license or other taxes based on the licenses granted in this RSA or on Your use of the Services, then You must pay such taxes or fees. This section does not apply to taxes based on HostPrive’s income. 13. Force Majeure. Neither party shall be in default or liable for any loss or damage resulting from delays in performance or from failure to perform or comply with terms of this RSA (other than the obligation to make payments, which shall not be affected by this provision) due to any causes beyond its reasonable control, which causes include but are not limited to Acts of God or the public enemy; riots and insurrections; war; fire; strikes and other labor difficulties (whether or not the party is in a position to concede to such demands); embargoes; judicial action; lack of or inability to obtain export permits or approvals, necessary labor, materials, energy, components or machinery; acts of civil or military authorities; failure of telecommunications; or other casualty. 14. Governing Law and Arbitration.This RSA shall be governed by the laws of the United States of America and the State of Washington, as if this RSA was a contract wholly entered into and wholly performed within the State of Washington. Any dispute, claim or controversy arising out of or relating to this RSA or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration in King County, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. YOU AND HostPrive AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY FORM OF A CLASS PROCEEDING. Further, unless both You and HostPrive expressly agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class proceeding. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 15. Applicable Laws. You represent and warrant that You will comply with all applicable laws and regulations. Without limiting the generality of the foregoing, You represent and warrant that: (i) You will not act in any fashion or take any action that will render the Backend Service Provider or Primary Service Provider liable for a violation of any applicable anti-bribery regulation (including without limitation, the U.S. Foreign Corrupt Practices Act and the UK Bribery Act 2010); and (ii) You will comply with U.S. laws that prohibit or limit the ability of U.S. persons from directly or indirectly exporting or providing goods or services to certain persons or countries. You shall comply with all U.S. export regulations if shipping to another country, including licensing requirements. 16. Additional Registry Requirements. Some registries have additional contractual requirements that you agree to by reselling domain name registration services or other services for those registries. You are responsible for reviewing any terms and conditions applicable to or provided by such registries. In addition, without limiting the generality of anything herein, the registration agreement You use with Your customers and Sub-Resellers shall include all terms and conditions required by the registries which you resell domain name registration services or other services for. Such terms and conditions linked to in Section 20 of the HostPrive Registration Agreement at registration agreement. 17. General. The parties hereby incorporate the requirements of 41 CFR 60-1.4(a), 300.5(a) and 741.5, if applicable. This RSA, together with all modifications, constitute the complete and exclusive agreement between You and HostPrive, and supersedes and governs all prior proposals, agreements, or other communications and is not intended to confer upon any person or entity other than HostPrive and You any rights or remedies hereunder. You represent, warrant, and agree that upon entering into this RSA, that You are not relying upon and have not relied upon any representation, promise, or statement made by anyone which is not recited, contained, or embodied in this RSA. The failure of us to require Your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this RSA 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 RSA 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.
Terms of Service
Merchant Services Agreement
This Agreement applies to your use of our merchant services (credit card processing) and any related products and services (collectively the “Service”). This Agreement affects your rights and you should read it carefully. In this Agreement, “you” or “your” means any person or entity using the Service (“Users”). Unless otherwise stated, “Merchant Service Provider” will refer collectively to HostPrive., and its parent or subsidiary companies, affiliates, officers, employees and agents. This Agreement affects your rights and you should read it carefully. When you use the Services, you accept the terms and conditions of this Agreement. We may amend this Agreement at any time by posting the amended terms to our site, and your continued use of the Service will constitute acceptance of the amended terms. Services. The Service provides merchant services and templates for you to register domain names and offer other products and services. You and your users must also agree to the Registration Agreement and the other terms and conditions with respect to other products and services which may be found at Terms of Service. Payouts. Payouts to you of at least €25.00 will occur when you choose to (you need to initiate them from your commission account) on transactions aged 30 days or more. Please note, all checks are issued in EURO. We are unable to send funds via wire transfer at this time. Interest will not accrue on amounts in any account with the Merchant Processor. Merchant Services Fees. The fee for merchant services is 25 cents (€0.25) plus 1.4% of the transaction for Europian cards and (€0.25) plus 2.9% of the transaction for non-Europian cards. Fees for the domain name registration and other services are negotiated separately. Unless otherwise stated, all fees are quoted in EURO. We may change our service fees and/or credit policies at any time. You are responsible for paying all fees associated with use of Merchant Services and all applicable taxes. If you are a seller in a credit card transaction, you understand and agree that you are responsible for payment to Merchant Service Provider or its agents, suppliers, and subcontractors of all amounts and costs related to charge-back in full and the amount of the charge-back itself. Your responsibility for all charge-back-related fees and amounts will continue even in instances where the charge-back has been initiated after you have received the funds or terminated your Merchant Service Provider account. You further agree that Merchant Service Provider or its agents, suppliers, and subcontractors can enforce this agreement against you and recover such charge-back-related fees and amounts from you in accordance with this Agreement or through any other legal rights or remedies that Merchant Service Provider or its agents, suppliers, and subcontractors may have. Merchant Service Provider shall not be obligated to facilitate payment for any transaction for which funds have not been provided by the buyer’s issuing bank. Merchant Service Provider collects all fees and other amounts by subtracting the amount the seller owes Merchant Service Provider (“Merchant Services Fees”) from the funds that Merchant Service Provider has received from the buyer for payment to the seller for the transaction (“Seller Funds”). Should Merchant Services Fees exceed Seller Funds, as a seller you authorize Merchant Service Provider to directly debit your credit card or HostPrive account (including a commission account, if any) for any excess amounts. If you have a reseller account with HostPrive (Registry Rocket, Instant Reseller, ETP, RSA, a sub-account of such an account, or any other account with HostPrive), there may be fees associated with such account, in addition to the Merchant Services Fees described in this Agreement. You and/or your customer authorize the Merchant Service Provider to debit the credit card provided to the Merchant Service Provider for this purpose. You are hereby informed that charges for services will appear on credit card statements as follows: “Domain Name Registration” and/or “I-Net Sftwr Srvc & Sale.” You and/or your customers agree that, prior to contacting a credit card company in relation to such charges, that you and/or your customers will first contact the Merchant Service Provider to verify the charges and the manner of billing. You and/or your customers agree that any chargeback by a credit card company, for whatever reason, whether by you, by any Sub-Reseller or customer below your Account i) is a material breach of this RSA, ii) is an act for which you agree to be jointly and severally liable to make the Merchant Service Provider whole, iii) is an act with respect to which the Merchant Service Provider will charge $35.00 per incident, in addition to Merchant Services fees and other payment provider service charges which may be charged to the Merchant Service Provider, and iv) that the same shall be grounds for suspension and/or termination of the Services as well as any other agreement or any other serviced provided by the Merchant Service Provider. Under such circumstances, you agree and acknowledge that the Merchant Service Provider may suspend your access and the access of any of your customers to any and all of accounts which you or your customers may have with the Merchant Service Provider and and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on the Merchant Service Provider’s systems (“Collateral”) shall be assumed by Merchant Service Provider. Your rights to and control over these accounts and services may be reinstated solely at the discretion of the Merchant Service Provider, and subject to receipt of the unpaid fee(s) and then-current reinstatement fee, currently set at US $200. You and/or your customers agree that the Merchant Service Provider may sell, dispose of, or retain the Collateral if the Merchant Service Provider determines the same to be a means of obtaining some monetary or other satisfaction or security. You agree that Merchant Service Provider may assign its rights under this section, and other sections of this Agreement, to its agents, suppliers, and subcontractors that provide services to Merchant Service Provider. Limitations. Users agree not to use the Service for cash advances, or sale of goods not expressly authorized by the Service. You also agree not to take other actions that evade the agreements set forth in this Agreement. Our agreement to provide Service is with you, individually. You are specifically prohibited from using the service to accept payments on behalf of other sellers, regardless of whether such other sellers are registered with Merchant Service Provider. No Warranty. WE AND OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. Limitation of Liability. IN NO EVENT SHALL WE OR OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) €100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. Indemnification. You agree to indemnify and hold Merchant Service Provider, its shareholders, subsidiaries, affiliates, directors, officers, agents, suppliers, subcontractors and employees harmless from any claim or demand, including, but not limited to reasonable attorney’s fees, made by any third party due to or arising out of your use of our Services. Breach. We may immediately terminate your right to use the Service, or take any other action we deem appropriate if you breach this Agreement or if we are unable to verify any information you provide to us. Compliance with Laws. You agree to pay all applicable sales or use taxes and to comply with all applicable laws, including any tax consequences with respect to your transactions, and any regulations regarding the use of our services. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Trademarks. Merchant Service Provider will retain all right, title, and interest in and to its trademarks, service marks, and trade names worldwide for RegistryRocket, Instant Reseller, and HostPrive. You may only use Merchant Service Provider’s trademarks, service marks, and trade names with the express permission of Merchant Service Provider. You shall not use the trademarks, service marks, or trade names in any manner that is disparaging or that otherwise portrays Merchant Service Provider in a negative light. Under no circumstances may you alter, modify, or change Merchant Service Provider ‘s trademarks, service marks, or trade names. Notices. Except as explicitly stated otherwise, any notices shall be given by email to the email address made available by you to Merchant Service Provider during the registration or account creation process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Merchant Service Provider during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. General. This Agreement and any disputes regarding its interpretation and enforcement shall be governed by the laws of the United States of America and the State of Washington, as if this Agreement was a contract wholly entered into and wholly performed within the State of Washington. Any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the United States District Court for the Western District of Washington, or if there is no jurisdiction in such court, then in a state court in King County, Washington state. You consent to the exclusive personal and subject matter jurisdiction of such courts and agree that exclusive venue therein is proper. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. We and our agents, suppliers, and subcontractors are not responsible for delays or errors in transactions resulting from other parties. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforceable to the fullest extent possible in accordance with the intent of the Agreement. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire agreement between us with respect to the subject matter hereof.
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