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Terms -
Privacy Policy
- Statement
123 Web Hosting has created this privacy statement in order to demonstrate commitment
to customer privacy. The following discloses the information gathering practices for
123 Web Hosting.
- Automatically Logged Information
We use your IP address to help identify visitors and to help improve the website's performance for
different browser/operating system configurations.
- Email Communication
We will not intentionally monitor or disclose any of your e-mail messages unless we
believe or we are required to do so:
- To enforce these Terms and Conditions,
- By law,
- To defend our corporation in any action,
- To protect our property, dignity and innocence.
123 Web Hosting will not send to its customers any unsolicited information,
including e-mails, except as mentioned below. New Customers will receive a
123 Web Hosting welcome e-mail providing the user credentials and explaining
the features provided by the service. 123 Web Hosting may also send periodic
member letters to announce important service changes, new features, technical
issue updates and news about the Service.
- Cookies
Our site uses cookies to identify you each time you visit our site. We also use
cookies for web site statistics. These statistics consist of browser and
operating system types, search engine keywords, referrer IDs, how long a
visitor stays at the site, and pages viewed at our site. In no way do these
statistics track users after they leave 123 Web Hosting.
- Advertisers
Your personal information will never be sold or traded for any reason.
You agree to respect the privacy and confidentiality of others. Since privacy is a
function of your password, we encourage you to change your password frequently and
not share it with anyone.
- Registration Forms
Contact information from the registration forms is used to contact the customer
when necessary.
- External Links
This site contains links to other sites. 123 Web Hosting is not responsible for
the privacy practices or the content of such Web sites.
- Security
This site has security measures in place to protect the loss, misuse, and alteration
of the information under our control.
- Children Guidelines
We care deeply about children and understand that they have special privacy needs.
Therefore, we have adopted the following privacy policy regarding children:
We will NOT collect, use, or distribute personally identifiable information to
third parties without prior verifiable parental consent.
We will NOT grant children access to unmonitored chat rooms, message boards, email
accounts, or other services that could give the them the ability to publicly post
or otherwise distribute personally identifiable information without
prior verifiable parental consent.
- News Letter Notification Policy
Customers may opt out of receiving newsletters and/or notices from 123 Web Hosting
by following simple procedure available with a link at the botton of the newsletter email.
Please note, however, that 123 Web Hosting reserves the right to send bulletins and
other important information regarding our services at our discretion.
- Changes to our privacy policy
We at 123 Web Hosting reserve the rights to change our privacy policy at any time without notice.
Terms -
Terms of Services - FREE Hosting
PLEASE READ THOROUGHLY THIS DOCUMENT TO AVOID ANY MISUNDERSTANDINGS AND EVEN TERMINATION OF SERVICE!
123 Web Hosting shall provide its Services to YOU (Customer, User) under the following Terms of Services (TOS).
The TOS are intended to protect both the integrity and liability of 123 Web Hosting and the Customer.
These TOS will be enforced to ensure the speed, power, performance, and reliability of our services.
YOU MUST understand and agree that the Service is provided on "AS IS" basis and that 123 Web Hosting assumes no
responsibility for the timeliness, deletion, misdelivery or failure to store any Customer communications, data or personalization settings.
- 123 Web Hosting HOSTING SERVICES:
- MONTHLY TRAFFIC. The Customer can use data traffic according to the hosting plan\'s
monthly traffic allotment and can also purchase additional traffic.
- DOMAINS HOSTED. 123 Web Hosting - Web Hosting Services include domain hosting.
The Customer can host as many domains as he/she is allowed to by his/her hosting plan.
- DISK SPACE. The Customer has a fixed disk space quota for his/her account according to his/her
hosting plan and/or upgrade.
- SERVER RESOURCES UTILIZATION. The Customer MUST understand that his/her account is located
on a shared hosting server setup and he/she must not use excessive system resources that might deteriorate
the server\'s performance and degrade the quality of service for other users. EXCESSIVE or MALICIOUS
system resources USAGE will result in AN IMMEDIATE ACCOUNT TERMINATION WITHOUT ANY REFUND.
- ACCOUNTS. The Customer has the right of having only one free account. This limitation does not
apply to paid accounts, i.e. The Customer can have as many paid accounts as he/she needs.
Every new free account created by a unique
Customer will be deleted upon inspection and our sole discretion unless The Customer contacts
a representative of 123 Web Hosting.
-
- The Customer is responsible for building and updating his/her web pages, and
regularly backing up any related data.
- 123 Web Hosting free hosted sites MAY be used as an entry to a
non-123 Web Hosting hosted site ONLY if the user is not automatically redirected to
the non-123 Web Hosting hosted site.
- FTP Usage
- FTP access is provided for the purposes of uploading content, maintaining content,
and downloading content for backup purposes only. It is not to be used for the
distribution of files.
- FTP usage for webcam purposes is STRICTLY FORBIDDEN.
- All free accounts have an upload file size limit of 500KB!
- 123 Web Hosting reserves the right to revoke or restrict any FTP access and/or
remove any web site that causes improper or excessive FTP usage.
- SCRIPTING Languages
- The usage of PHP/PERL/CGI/etc. and MySQL is STRICTLY FORBIDDEN for the following (but not limited
to) actions: running BOTS, IRC servers, online chats, link exchange systems, web crawlers, and
conducting attacks against third party systems. Such USAGE
will result in AN IMMEDIATE ACCOUNT TERMINATION WITHOUT ANY REFUND even if the Customer has upgraded his/her account
from a free to a paid one.
- 123 Web Hosting reserves the right to revoke or restrict the access to any SCRIPTING Languages
and/or remove any web site or even an account for improper or excessive SCRIPTING
Languages utilization.
- . Hotlinking is restricted and forbidden on 123 Web Hosting.
- The following file types are restricted from uploading on 123 Web Hosting
free web hosting - .htacl, .htaclu, .avi,
.mov, .mp2, .mp3, .mpeg, .ram, .asf, .quota, .vbs, .shs, .scr, .exe, .cmd, .torrent,
.wmv, .wma, .rm, .zip, .rar, .gz, .tgz.
- 123 Web Hosting reserves the right to place advertisements on users\' pages on its sole discretion at any time without any notice.
- The following PHP functions are disabled on 123 Web Hosting free web hosting due to
system/security reasons: allow_url_fopen, fsockopen, pfsockpen, getrusage, get_current_user, set_time_limit,
getmyuid, getmypid, dl, leak, listen, chown, chgrp, realpath, link.
- NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the 123 Web Hosting Services, YOU will not use the
123 Web Hosting Services for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. YOU must not attempt to gain unauthorized access to any
123 Web Hosting Services, other accounts, computer systems or networks
connected to any 123 Web Hosting Services, through hacking, password mining
or by any other means. You must not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the
123 Web Hosting Services.
123 Web Hosting, in its sole discretion, reserves the right to disclose at any time any piece of information that
123 Web Hosting deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove, in whole or in part,
any piece of information or material.
Please, report any violations of these Terms of Services to abuse@supportindeed.com
- THIRD PARTY
Any dealings with third parties (as well as advertisers) included within the
123 Web Hosting Services or participating in promotions,
delivery and payment of goods and services, and any other terms,
conditions, warranties and representations associated with such dealings or promotions, are solely
between you and the advertiser or the other third party. 123 Web Hosting cannot be held
responsible or liable for any part of such dealings and promotions.
- TERMINATION
YOU agree that 123 Web Hosting, in its sole discretion, may terminate
your password, account (or any part thereof) as well as the use of the Service, and
remove and discard any Content within the Service, if you happen to violate these terms.
- YOUR RESPONSIBILITIES
YOU are solely responsible for the content of your web pages, messages or
data you or your sites\'s users upload on 123 Web Hosting servers.
Using the 123 Web Hosting Services in connection to surveys, contests,
pyramid schemes [HYIP], chain letters, junk e-mail, spamming or any duplicative
or unsolicited messages (commercial or otherwise) is prohibited.
In consideration of your use of the Service, YOU agree to:
- Provide true, accurate, current and complete information about
yourself as prompted by the Service`s registration form.
- Maintain and promptly inform us to update the Registration
Data in order to keep it true, accurate, current and complete. If YOU provide any information
that is untrue, inaccurate, not current or incomplete, or 123 Web Hosting
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, 123 Web Hosting has the right
to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
- YOU will receive a password and account designation upon completing
the Service registration process. YOU are responsible for maintaining the
confidentiality of your account details, and YOU are fully responsible for all
activities that are assiciated with your account. YOU agree to:
- immediately notify 123 Web Hosting of any unauthorized use of your password,
account and/or any other breach of security;
- ensure that you exit from your account at the end of each session;
- refrain posting, disclosing, providing, selling or offering to sell your
account details provided by 123 Web Hosting to any third parties;
123 Web Hosting cannot and will not be held liable for any loss or damage arising
from your failure to comply with this.
- Any Customer in violation of our system or network security and/or
enormously overloading/over flooding the servers\' utilization is subject to
criminal and civil liability, as well as an immediate account termination. Examples
include, but are not limited to, the following:
- Unauthorized access, use, probe,
rootkit or scan of a systems security or authentication measures, data or traffic;
- Interference with service to any user, host or network including, without limitation,
e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks;
- Forging of any TCP/IP packet header or any part of the header information in an
e-mail or newsgroup posting;
- The Customer agrees not to publish on or over his/her account any information,
software or other content which violates or infringes upon the rights of any others
or which knowingly contravenes the laws of any jurisdiction in which such content
is generally accessible.
- 123 Web Hosting does NOT allow sites that provide any content,
points of distribution, or 'links' to sites that:
- Infringe on any third party`s intellectual property or proprietary rights, or
rights of publicity or privacy;
- Violate any law, statute, ordinance or regulation;
- Are defamatory, trade libelous, threatening, unlawfully harassing, abusive,
pornographic or obscene;
- Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files,
or any other similar software/programs that may damage the operation of a
third party`s computer or property;
- Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software
that is copyrighted and not freely available for distribution without cost, ROMs,
ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torent
sites or links to Torent sites;
- Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites,
or advertisements for adult sites;
- YOU acknowledge and agree that based on its sole discretion 123 Web Hosting
might filter abusive words and/or links due to security reasons (i.e.
words or links of PayPal, eBay, AOL, Amazon [not limited to]).
- Use of phishing or mimic sites are strictly prohibited on 123 Web Hosting,
any user's account suspected in such activity will be terminated WITHOUT refund and legal actions
will be started to the final extend of the law.
- YOU completely agree and understand that by sighing up with 123 Web Hosting
you might receive system notification emails and newsletters.
- YOU acknowledge and agree that 123 Web Hosting might change this
Terms of Services without notice and you are solely responsible to check for such
changes, follow up and comply with them.
- SPAMMING IS PROHIBITED
We will determine in our sole discretion whether any of the messages
you send are spam. For your information, spamming generally includes, but is not
limited to:
- Advertising of your 123 Web Hosting hosted site using Unsolicited Email (spam). This is strictly prohibited and your account will be removed immediately if it is involved in any type of spam activity;
- The bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients;
- The sending of junk mail;
- The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
- Posting commercial ads to USENET newsgroups that do not permit them;
- Posting articles containing binary encoded data to a non-binary newsgroups;
- Excessive and repeated posting of off-topic messages to newsgroups;
- Excessive and repeated cross-posting;
- E-mail harassment of another Internet Customer/s, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;
- The e-mailing of age- inappropriate communications or content to anyone under the age of 18;
- UNSUITABLE BEHAVIOUR
Any indecent abusive or insulting treatment towards a 123 Web Hosting employee will be considered inappropriate.
Each Customer is anticipated to behave in a well-mannered way with 123 Web Hosting employees regarding any requests
for help through e-mail, phone, etc. Each Customer should avoid applying any forms of written emotional outburst.
Any attempts of uncontrolled behavior will be interpreted as a breach of this Agreement.
Other acts of treatment towards 123 Web Hosting employees that will be considered as unacceptable include verbal, oral,
written or delivered by a second party threats that are addressed to 123 Web Hosting or any of its employees, partners,
equipment, and concerns. Any forms of such threats will be interpreted as a breach of this Agreement. 123 Web Hosting
reserves the right to restrict or completly stop access to clients\' accounts and even to once and for all stop clien\'t
hosting account without issuing a refund if any of the aforemantioned rules are violated and if further communication
is not possible due to continued bad mannered client behaviour!
- COPYRIGHTS
Copyrighted material must not be placed on any Customer`s account without the permission of
the owner(s) or the person(s) they specifically authorize. Only the owner(s) or such authorized
person(s) must upload copyrighted material to the account. Upon our receipt of a notice of a
claimed copyright infringement containing the above information, after confirmation we will
promptly remove the allegedly infringing material from the Services and carry out further
procedures if necessary. We will have no liability to any Customer of the Services for the
removal of any such material.
- MISCELLANEOUS
- 123 Web Hosting cannot be held responsible for the content of pages
hosted under our service. 123 Web Hosting does not review pages for content before
they are posted, and does not verify, endorse or otherwise take responsibility for the
contents of any user-created pages. However, we reserve the right to remove any page
from our servers which we determine is in violation of our rules and guidelines.
Users are solely responsible for all files contained in their own directory, and can
be held legally liable for the contents of their web site.
- 123 Web Hosting may terminate any account at any time, without
a notice for conduct that it violates these guidelines, or for any other reason, and may
terminate user accounts and delete any and all user information for conduct that
123 Web Hosting believes is harmful to itsbusiness,
or any of its users, or partners. Pages found in violation of these items may be
a subject to immediate deletion and removal from our servers, and their webmasters may be
a subject to banishment from the 123 Web Hosting network. The following is a
non-exclusive list of contents and behaviors that are UNACCEPTABLE on 123 Web Hosting.
- Content that includes links to: nudity, pornography,
adult content, sex, extreme violence, or foul language.
- Content that condones, promotes, contains, or links to warez,
cracks, hacks, their associated utilities, or other piracy-related information,
no matter whether for educational purposes or not.
- Content that has been promoted through the sending of unsolicited
email (spamming) or mail fraud schemes, or pages that promote or condone the sending
of unsolicited email. Users who utilize 123 Web Hosting resources, including
e-mail addresses, for spam are also s subject to prosecution under the fullest extent
of the law.
- Content that commits acts of copyright, trademark, patent, trade
secret or other intellectual property infringement.
- Content that is racist, or otherwise extremely offensive to others,
including content which aggravates, harasses, threatens, defames, or abuses others.
- Storage of log files or non-HTML content, or any use of space that
circumvents the display of advertising.
- Having password-only, hidden, or restricted access pages (all Web pages
must be accessible to the Internet community at large).
- Sites that exploit images of children under 18 years of age.
- Binary files, downloads, etc. that are not linked to an HTML page on
the user`s site, such that an advertising banner is displayed. Links back to files
on a user`s 123 Web Hosting page from other sites must also link first to an
HTML page on 123 Web Hosting, which then links to the binary files.
- Content that contains, links to, or participates in pyramid schemes [HYIP],
gambling, raffles, lotteries, and so forth.
- Content that posts or discloses personal identification information
or private information of individuals under the age of 13 or in connection with
materials directed toward individuals under the age of 13 without verifiable
parental consent.
- Content that provides, sells, or offers to sell the following:
controlled substances, illegal drugs and drug contraband, alcohol, weapons,
pirated materials, pornography or sexual products, programs to attack others,
illegal goods, escort services, instructions on making, assembling, or obtaining
illegal goods or weapons, information used to break copyright or trademark violations,
to destroy others` property, or to harm any people or animals.
- Content that takes part in, or allows any third party to take part in,
the following: reverse engineering, reverse compiling or otherwise deriving the
underlying source code or structure or sequence of the Technology; individual
passworking of Member sites or pages; altering copyright notices and attributes
(unless permitted in writing by the author/owner); and such practices.
- 123 Web Hosting provides space for hosting Web pages but makes no implied
or express warranties about the reliability of this space or related services.
123 Web Hosting is not responsible for any deletion, alteration, or loss
of data due to network or system outages, file corruption, accidental deletion,
or any other reasons. 123 Web Hosting makes no guarantees about server
reliability, speed, or consistency, and cannot be held liable for such.
- Users are responsible for regularly monitoring and creating backups
of their own files, and agree to use the 123 Web Hosting resources and infrastructure
at their own risk. This service is provided on an "as is" basis without warranties of any
kind, either expressed or implied. Neither 123 Web Hosting nor its partners makes
any warranty with respect to any content, information, services, or products provided through
or in conjunction with this free service.
- 123 Web Hosting and its partners make no guarantee of the accuracy,
correctness, or completeness of any information on these Web pages and are not responsible
for any errors or omissions arising from the use of such information; any failures,
delays, or interruptions in the delivery of any content or services contained on our
servers; or losses or damages arising from the use of the content or services provided
by 123 Web Hosting.
- 123 Web Hosting may also link to or include on its web site
resources and information provided by 3rd party partners and providers. We do not
guarantee the reliability of this information, nor does the inclusion of this
information imply our recommendation of these services; it is merely provided
to assist you in the creation of your web site and provide added value to our
service.
- Because free accounts and its hosted sites are distributed by 123 Web Hosting
and powered by Attractsoft GmbH, reserves the right to include traffic
generated by all web sites it hosts in its overall accounting of page views, unique
users, and other usage measures. This includes providing web traffic measurement
companies with all URLs distributed by 123 Web Hosting
and powered by Attractsoft GmbH for use in their projection of
Attractsoft GmbH associated overall traffic.
Terms -
Terms of Services - PAID Hosting
The service that is a subject to the following agreement is distributed by 123 Web Hosting
and provided by Attractsoft GmbH, registered in Germany, Registration No.: HRB 7963 KI.
YOU (the Client) should be aware that by signing up for an account with 123 Web Hosting,
YOU absolutely agree to position data on our servers, thus making it accessible to the wide public.
Hence the Client accepts that it is beyond the power of 123 Web Hosting to restrict such
access and guarantee the security of your files. YOU are completely in charge of protecting
your data on 123 Web Hosting servers, which suggests that you would consider
carefully any piece of information before uploading it to your hosting account on
123 Web Hosting servers. Please avoid publishing personal data that could be easily obtained
by the wide public and consequently abused online.
By completing the order form and purchasing a hosting plan you agree and understand that
this represents your electronic signature of this document.
123 Web Hosting PAID SERVICES:
- SERVICE AGREEMENT
123 Web Hosting shall provide its Services to YOU [the Client] under these Terms of Services [Agreement].
The Agreement is intended to keep the integrity of both 123 Web Hosting and the Client and to
protect both parties from liability. This Agreement will be enforced to ensure the speed, power, performance,
and reliability of our services.
By completing the Order Form and any other documents or agreements additionally specified in this Agreement,
the Agreement constitutes the whole act of convention between 123 Web Hosting and the Client,
thus being the most significant document of the established relationship. In case a court of competent
jurisdiction considers that any of the Agreement\'s provisions are invalid, unenforceable, or void, the remaining
provisions will completely reserve their validity.
The Client\'s side of the Agreement could be presented by:
- an individual with personal demands being over 18 years of age;
- a legal entity such as a corporation, a limited liability company etc. that is consistent with
state\'s law system.
Moreover, if a person represents the Client for some reason, he/she should be legally authorized
to act on his/her behalf, thus accepting, executing and delivering the Agreement.
YOU understand and agree that the Service is provided on "AS IS" basis and that 123 Web Hosting assumes
no responsibility for the timeliness, deletion, and failure to deliver or store any Client communication
or personalization settings.
- 123 Web Hosting HOSTING SERVICES
- Bandwidth - Each hosting plan includes prepaid and fixed bandwidth.
- Domains Hosted - 123 Web Hosting hosting plans include domain hosting. Each
hosting plan has a limit of the number of domains that can be hosted. For more information about the different plans refer to our
web site.
- Domain Registration - Free domain names are available ONLY with annual(1,2 or 3 years) web hosting account(s)
subscriptions. Free domain name registration applies to .com, .net, .org, .us, .biz and .info
domain names only for the initial year of registration. Each web hosting account can use a maximum of
one discounted domain name. Please note that domain name registrations are final and cannot be refunded.
In case of the following upgrades - from FREE plan to PAID plan and from PAID plan to another PAID plan with more features - FREE
domain name registration is NOT included.
- Disk Space - Each hosting plan includes prepaid and fixed disk space.
- IP Address/es - 123 Web Hosting hosting accounts do not initially include private IP addresses. In case YOU want to buy a shared hosting plan, a shared IP address will be available for your hosting account upon purchase. Please, contact the Sales Department for more details.
- MySQL/PostgreSQL Database/s - All hosting plans include database/s. Please note that FREE hosting plans do not support a PostgreSQL database. Please observe the hosting plan comparison page on our web site for further details or contact our Sales Department.
- MySQL/PostgreSQL Database/s Quota - The allocated MySQL/PostgreSQ quota per database depends on the hosting plan. Please observe the plan comparison page on our web site for more details or contact pur Sales Department.
- SSH - Secured Shell access depends on the hosting plan. For reference please observe the plan comparison page on our web site.
- BACKGROUND OPERATIONS/ADD-ON SERVICES
All paid hosting plans of 123 Web Hosting include, but are not limited to, the following services:
CronTab service, Quick Script Installer and Mailing list integrated in the hosting Control Panel! These services are offered and provided
WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS.
Additionaly 123 Web Hosting might offer the following ADD-ONS:
123 Web Hosting ADDITIONAL SERVICES - ADD-ONS OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES
ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. 123 Web Hosting REJECTS ANY IMPLIED WARRANTIES.
ANY OF 123 Web Hosting\' EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS
LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED
BY 123 Web Hosting, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM
ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
- SERVICE GUARANTEES
123 Web Hosting guarantees 99.8% network uptime. This, however,
does not refer to problems araising from:
- Server Hardware Breakdown.
- User error(s) or purposeful interruption(s) of the hosting service.
- Failures due to software that is not explicitly supported by 123 Web Hosting.
Consequently, if a hardware crash provoked by a customer happens, 123 Web Hosting is beyond
the control and responsibility for the resulting downtime.
Third party monitoring service reports may not be used for justification due to a variety of factors including the
monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the
operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
- ACCOUNT USAGE & HOSTED CONTENT
- Your account content MUST comply with the parameters stated in this Agreement.
Web content requirements exclude the publication of illegal content or content considered
inappropriate otherwise. Customers should get in touch with a 123 Web Hosting representative
regarding any inquiries over this matter.
- If any of 123 Web Hosting Services are used for the illegal purpose of SPAM,
then those services will be immediatelly terminated. If unauthorized access is spotted, 123 Web Hosting
reserves the right to ban without notice the use of any 123 Web Hosting hardware or software hosted
on a 123 Web Hosting server for trying to illegally access another hosted machine or network.
You absolutely agree and understand that by breaking this paragraph and generally this agreement your account
will be closed without notice and no refund will be issued. A chargeback of the amount will be prosecuted legally
by 123 Web Hosting legal advisers to the final extend of the law.
- MONEY BACK GUARANTEE
123 Web Hosting offers a 30-day money back guarantee. If you are not satisfied with our hosting service within
the time frame of 30 days
after you purchased the account, you need to contact our Sales Department and you will receive a full refund for your
hosting plan. However, please note that hosting account upgrades and renewals are not applicable to refund
as well as hosting accounts purchased for period of 3 and 6 months. Any domain
registrations are final and do not include any money back guarantee and will be a subject to $19.95 USD per year.
- PAYMENT AND CHARGEBACKS
All customers should abide by the following verification procedure.
- Services are distibuted by 123 Web Hosting and provided by AttractSoft GmbH. By sining up for these services
you agree that you will be charged the respective amount for these services by the respective merchant provider under vendor name AttractSoft GmbH.
When signing up for a web hosting service with 123 Web Hosting, customers agree to all specified Terms in this document.
Thus, 123 Web Hosting will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the
customer based on points that the client tries to refute after he accepted them at the time of the order.
- 123 Web Hosting will charge customers with fees based on the fee structure at the
time of the sign-up process. 123 Web Hosting reserves the right to introduce changes to the packages
when needed regarding price and set of features. This means that the current
price list may differ from the pricing and
features of the customer's account.
- When signing up for a hosting account with 123 Web Hosting, the customer agrees to pay for 1 month
the whole price of his/her subscription period and get the rest of the product's period free. All upgrades to an existing free or paid account are paid by the client based on the period stated in client's Control Panel,
Completed Orders section. Credit card accounts and associated services will be automatically renewed unless notified prior to expiration date of service.
Chargebacks are not accepted as a way of refunding. Any client who provokes a credit card chargeback
of an order will be a subject to collections and legal actions. He/she
will be charged $30.00 USD, because when signing up with 123 Web Hosting, customers accept these
terms and conditions, thus agreeing to observe them strictly.
- WARRANTIES AND REPRESENTATIONS
123 Web Hosting provides hosting services on an "as is" and "as available" basis without
warranties or representations for its offering. The company bears no responsibility for connection problems,
in cases when customers\' hosting with 123 Web Hosting confronts with service interruption issues.
- NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the 123 Web Hosting Services, you will not use the
123 Web Hosting Services for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not attempt to gain unauthorized access to any 123 Web Hosting
Services, other accounts, computer systems or networks connected to any 123 Web Hosting Services,
through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available through the 123 Web Hosting
Services.
123 Web Hosting, in its sole discretion, reserves the right to disclose at any time any piece of information that
123 Web Hosting deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove, in whole or in part,
any piece of information or material.
- THIRD PARTY
Any dealings with third parties (as well as advertisers) included within the
123 Web Hosting Services or participating in promotions,
delivery and payment of goods and services, and any other terms,
conditions, warranties and representations associated with such dealings or promotions, are solely
between you and the advertiser or the other third party. 123 Web Hosting cannot be held
responsible or liable for any part of such dealings and promotions.
- TERMINATION
YOU agree that 123 Web Hosting, in its sole discretion, may terminate
your password, account (or any part thereof) as well as the use of the Service, and
remove and discard any Content within the Service, if you happen to violate these terms.
- YOUR RESPONSIBILITIES
YOU are solely responsible for the content of your web pages, messages or
data you or your sites\'s users upload on 123 Web Hosting servers.
Using the 123 Web Hosting Services in connection to surveys, contests,
pyramid schemes [HYIP], chain letters, junk e-mail, spamming or any duplicative
or unsolicited messages (commercial or otherwise) is prohibited.
In consideration of your use of the Service, YOU agree to:
- Provide true, accurate, current and complete information about yourself as prompted
by the Service`s registration form
- Maintain and promptly inform us to update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or 123 Web Hosting has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, 123 Web Hosting
has the right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
- YOU will receive a password and account designation upon completing
the Service registration process. YOU are responsible for maintaining the
confidentiality of your account details, and YOU are fully responsible for all
activities that are assiciated with your account. YOU agree to:
- immediately notify 123 Web Hosting of any unauthorized use of your password,
account and/or any other breach of security;
- ensure that you exit from your account at the end of each session;
- refrain posting, disclosing, providing, selling or offering to sell your
account details provided by 123 Web Hosting to any third parties;
123 Web Hosting cannot and will not be held liable for any loss or damage arising
from your failure to comply with this.
- Any Customer in violation of our system or network security and/or
enormously overloading/over flooding the servers\' utilization is subject to
criminal and civil liability, as well as an immediate account termination. Examples
include, but are not limited to, the following:
- Unauthorized access, use, probe,
rootkit or scan of a systems security or authentication measures, data or traffic;
- Interference with service to any user, host or network including, without limitation,
e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks;
- Forging of any TCP/IP packet header or any part of the header information in an
e-mail or newsgroup posting;
- The Customer agrees not to publish on or over his/her account any information,
software or other content which violates or infringes upon the rights of any others
or which knowingly contravenes the laws of any jurisdiction in which such content
is generally accessible.
- 123 Web Hosting does NOT allow sites that provide any content,
points of distribution, or 'links' to sites that:
- Infringe on any third party`s intellectual property or proprietary rights, or
rights of publicity or privacy;
- Violate any law, statute, ordinance or regulation;
- Are defamatory, trade libelous, threatening, unlawfully harassing, abusive,
pornographic or obscene;
- Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files,
or any other similar software/programs that may damage the operation of a
third party`s computer or property;
- Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software
that is copyrighted and not freely available for distribution without cost, ROMs,
ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torent
sites or links to Torent sites;
- Sites related or directly providing escort services;
- Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites,
or advertisements for adult sites;
- Use of phishing or mimic sites are strictly prohibited on 123 Web Hosting,
any user's account suspected in such activity will be terminated WITHOUT refund and legal actions
will be started to the final extend of the law.
- YOU acknowledge and agree that 123 Web Hosting might change this
Terms of Services without notice and you are solely responsible to check for such
changes, follow up and comply with them.
In conclusion any client not observing the afore mentioned rules is
a subject to an immediate account termination without refund!
- CUSTOMER WEBSITE; CUSTOMER WARRANTIES/GUARANTIES
- When buying a hosting plan with 123 Web Hosting, customers agree to be
fully responsible for the deployment, development, operation and maintenance of their web
site, online store and/or e-commerce activities within that space. Each customer is in charge
of all the products and services as well as of all contents and materials appearing online,
including:
- the accuracy and relevance of the Customer's content and material showcased in his/her
store or on his/her products;
- certainty that the Customer's content and materials appearing in his/her store or on
his/her products do not violate or infringe upon the rights of any person;
- certainty that the Customer's content and materials appearing in his/her store
or on his/her products are not calumnious or somehow illegal. The Customer is the only one in charge
of approving, processing and filling customer orders and of taking care of customer requests or
complaints. The Customer is the only one in charge of the payment or satisfaction of any and all taxes
related to his/her web site/s and online store/s.
- The Customer bears the responsibility for ensuring the security and confidentiality
of any customer data (including, without limitation, customer credit card numbers) that he/she
may receive in connection with his/her web site/s or online store/s.
- Each Customer guarantees to 123 Web Hosting that he/she owns or possesses
the right to use the Customer Content and the corresponding material, including all text, graphics, sound,
music, video, programming, scripts and applets. Each Customer warrants to 123 Web Hosting
that the use, reproduction, propagation and transmission of the Customer Content and any information
and materials contained inside do not, and will not:
- infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right
of a third party
- break any criminal laws or manifest false advertising, unfair competition, vilification, privacy
intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers
123 Web Hosting to reproduce, copy, use and propagate all and any part of the Customer Content
for ensuring and operating the Services. 123 Web Hosting is granted the right to assess the extent
these operations need to be done.
- UNSUITABLE BEHAVIOUR
Any indecent abusive or insulting treatment towards a 123 Web Hosting employee will be considered
inappropriate. Each Customer is anticipated to behave in a well-mannered way with 123 Web Hosting
employees regarding any requests for help through e-mail, phone, etc. Each Customer should avoid
applying any forms of written emotional outburst. Any attempts of uncontrolled behavior will be
interpreted as a breach of this Agreement.
Other acts of treatment towards 123 Web Hosting employees that will be considered as unacceptable
include verbal, oral, written or delivered by a second party threats that are addressed to 123 Web Hosting
or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted
as a breach of this Agreement. 123 Web Hosting reserves the right to restrict or completly stop access to clients\' accounts and even to once and for all stop clien\'t hosting account without issuing a refund if any of the aforemantioned rules are violated and if further communication is not
possible due to continued bad mannered client behaviour!
- SPAMMING IS PROHIBITED
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who
sends out spam will have their account terminated with or without notice. We will determine in our sole discretion
whether any of the messages you send are spam. For your information, spamming generally includes, but is not
limited to:
- Advertising of your 123 Web Hosting hosted site using Unsolicited Email (spam). This is strictly prohibited and your account will be removed immediately if it is involved in any type of spam activity;
- The bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients;
- The sending of junk mail;
- The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
- Posting commercial ads to USENET newsgroups that do not permit them;
- Posting articles containing binary encoded data to a non-binary newsgroups;
- Excessive and repeated posting of off-topic messages to newsgroups;
- Excessive and repeated cross-posting;
- Excessive email sending/receiving over 200 emails per hour and not more than 2000 emails a day;
- E-mail harassment of another Internet Customer/s, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;
- The e-mailing of age- inappropriate communications or content to anyone under the age of 18;
123 Web Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other
component that does not comply with its established policies, or to make any such modifications in an emergency at
its sole discretion.
- ZACKY TOOLS SOURCES MODIFICATION
123 Web Hosting reserves the right to modify the sources of the application installed via ZackyTools to meet speciffic
company needs. Such needs may be (but not limited to): - Template modification - Branding modification
- Default incoming/outgoing links modification. Such modifcations can be removed and the application reverted to its
very default state upon written request (either via a ticket posted or an email to support@supportindeed.com is sent).
- ACCOUNT HDD RESOURCES USAGE
Each and every 123 Web Hosting Customer agrees not to allocate more than 4999MB of its hosting account space to image
and
multimedia (.gif, .png, .avi, .mpg, .jpg, .mp3, .3gp) files. Each and every 123 Web Hosting Customer agrees not to
allocate more than
4999MB of its hosting account space to archive (.rar, .zip, .tar, .gzip, .iso, .nrg, .cue, .ccd, .img, .sub, .cue)
files. Each and every 123 Web Hosting Customer agrees not to allocate more than 4999MB of its hosting account space to DB
dump backup (.sql, .pgsql, .mssql, .mysql) files. Each and every 123 Web Hosting Customer agrees not to allocate more than
4999MB of its hosting account space to .exe, .pdf, .psd, .ppt files. Each and every 123 Web Hosting Customer agrees not
to allocate more than 4999MB of its hosting account space to any identical file types.
- ACCOUNT DB RESOURCES USAGE
123 Web Hosting provides its Customers shared hosting service with the ability to use MySQL and PostgreSQL database
engines. The very nature of the service requires that database server resources be shared. The amount of available
databases depends on the package that the Customer has signed up for. The database engines described above should be
used by the Customer in a manner that the overall server pefromance is not affected and no downtime is caused due to
overusage.
Every web hosting account can use up to 36000 connections (per single database) per hour and also up to 30 concurrent
connections towards a single database.
In case that a database is detected to use more than the %20 of the shared CPU due to database usage,
123 Web Hosting reserves the right to suspend the account associated with the database without any prior warning.
- ACCOUNT CPU/RAM RESOURCES USAGE
123 Web Hosting provides its Customers with the ability to use CPU and RAM on shared principle. The resources described
above should be used by the Customer in a manner that the overall server pefromance is not affected and no downtime
is caused due to overusage. In case that a process is detected to use more than the %20 of the shared CPU/RAM
123 Web Hosting reserves the right to suspend the account associated with the process without any prior warning.
- INODES RESOURCES USAGE
Every file (a webpage, image file, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on
any shared web hosting account may potentially result in a warning first, and if no action is taken future suspension.
- BACKUPS, DATA LOSS AND BACKUP LIMIT
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. 123 Web Hosting is
not responsible for files and/or data residing on your account. You agree to take full responsibility for files and
data transferred and to maintain all appropriate backup of files and data stored on 123 Web Hosting servers. Any shared
account using more than 3 GB of disk space will be removed from our off site backup. . Emails are not backed up. All data will continue to be mirrored to a secondary
drive(RAID Backup) which helps protect against data loss in the event of a drive failure.
- TRAFFIC RESOURCE USAGE
123 Web Hosting provides monthly traffic allowance. The allocated traffic allowance depends on the package. In case
you pass the allocated monthly traffic we reserve the right to suspend your account until the next month cycle starts,
until additional traffic allowance is ordered or even terminate the account and/or request to charge additional fee if
the account has over-utilization. Unused traffic in one month cannot be carried over to next months. 123 Web Hosting
reserves the right to suspend and/or terminate any account that has traffic over-utilization and endanger the normal
function of shared hosting platform.
With regard to the Unlimited data traffic packages on the shared hosting platform, a fair use policy will apply. If you
generate more server traffic than is deemed acceptable by 123 Web Hosting, to the detriment of other 123 Web Hosting
customers, 123 Web Hosting reserve the right to interrupt service. Unlimited data transfer applies to your use of web
pages only (html, php, etc.), not for storage of movies, pictures, audio files, downloads etc.
- WEB SERVER RESOURCE USAGE
AWARDSPACE.COM provides a shared hosting service. The very nature of the service requires that Web Server
resources be shared. Every web hosting account can use up to 40 concurrent (simultaneous) connections originating
from one IP (regardless of the domain, subdomain) and also 40 concurrent connections towards a single vHost
(domain or subdomain).
- FORCE MAJEURE CIRCUMSTANCES
123 Web Hosting will be no liabile in case of failure or delay in doing its professional
duties in consequence of circumstances beyond its control. Such circumstances could be provoked
by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other
labor disturbance, interruption of or delay in transportation, unavailability of, interruption or
delay in telecommunications or third party services (including DNS propagation), failure of third
party software or hardware or inability to obtain raw materials, supplies or power used in or
equipment needed for provisioning of the Services.
This agreement constitutes and represents the whole act of convention between the parties in regard
to the agreement signed between them. It is not subject to any amendments, changes or modifications,
or any other alterations with the exception of changes introduced through a written instrument that
is signed by the parties to be charged.
- COPYRIGHTS
Copyrighted material must not be placed on any Customer`s account without the permission of
the owner(s) or the person(s) they specifically authorize. Only the owner(s) or such authorized
person(s) must upload copyrighted material to the account.
Upon our receipt of a notice of a
claimed copyright infringement containing the above information, after confirmation we will
promptly remove the allegedly infringing material from the Services and carry out further
procedures if necessary. We will have no liability to any Customer of the Services for the
removal of any such material.
Please report any violations of this Agreement to abuse@supportindeed.com
Terms -
Domain Names Registration Policy
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 http://www.uwhois.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) 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 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 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) 30 days after we notify you of the change, or (2) immediately if such change is a result of a new or amended ICANN policy or applicable law.
- 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:
- 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). You must maintain and update this 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.
- 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.
- You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful purpose, including but not limited to the infringement of any intellectual property right, the unauthorized transfer to yourself or any other party of any domain name or Services, or the violation of any laws, rules, or regulations (the"Illegal Uses"). Providing inaccurate information, failing to immediately update information or engaging in any Illegal Uses will constitute an incurable material breach of this Agreement. Your failure to respond for over ten (10) calendar days to inquiries by us concerning the accuracy of Account and WHOIS contact information shall constitute an incurable material breach of this Agreement.
- 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.
- 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.
- 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 $50 (US dollars) 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. Please click here if you would like your WHOIS information made available for bulk access. We reserve the right to discontinue providing bulk WHOIS data access to third parties.
- 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 Domains ("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.
- 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 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.
- 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 ("TLDs") ("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. At the time of transfer of the After Market Domain Name into your Account, we will add one year to the existing registration period. 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 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 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 Panel decision, your time limits and procedures to do so are subject to the requirements set forth in the UDRP. We will not delay implementation of a UDRP 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 ("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. 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:
- 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 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, (v) failure to keep your Account or WHOIS information accurate and up to date, (vi) failure to respond to inquiries from us for over ten (10) calendar days, or (vii) if your use of the Services involves us in a violation of any third party’s rights or acceptable use policies, including but not limited to the transmission of unsolicited email or the violation of any copyright.
- 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. No fee refund will be made when there is a suspension or termination of Services for cause.
- 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.
- Your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure now in affect or which may come into affect at a later date, by any registrar or registry administrator procedures approved by an ICANN-adopted policy or any policy adopted by any ccTLD registry or governing body, to correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the resolution of disputes concerning the domain name or as a result of any government decree, rule, law or regulation.
- FEES: 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.
- 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 and to maintain current and accurate credit card information should any Services be placed on"auto-renew." As a convenience to you, and not as a binding commitment, we and/or your Primary Service Provider may notify you via an email message or via your Account 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 TLDs, 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.
- Reactivation Period Process. For a period of approximately 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.
- After the reactivation period, 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 may, but are not obligated to, participate in this process, typically called the "Redemption Grace Period" ("RGP"). We may, in our sole discretion, choose not to participate in the RGP process with respect to any or all of your domain name registration services and we shall not be liable therefore. If available, RGP typically ends between 30 and 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
- 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 fee set forth on the Pricing Page 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; or
- 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 for a period of up to 42 days after 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. To exercise your rights to recover auctioned domain name services, you must contact us and provide us with a certified letter addressed to "Expiration Recovery" and include documents setting forth your identity and address, which identity and address must be the same as the registrant as it was listed in the WHOIS information for the domain name services immediately prior to expiration, a copy of a commonly accepted (in the United States) picture ID (such as a drivers license or passport) which supports your identity and address claim, a front and back photocopy of the credit card you used to pay for Services and you must provide a statement authorizing payment of the reinstatement fee to such credit card, which amount is set forth on the Pricing Page, plus any registration fees. In doing so, you must provide us with sufficient time, in our sole discretion, to allow us to receive and evaluate your documents and to contact the auction winner prior to the end of 30 days after the end of the reactivation period of the domain name services.
- TRANSFERS:
- 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 as described in Section 16 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 60 days of initial registration, within 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 loosing registrars as outlined in ICANN's transfer policies. Transfer requests typically take five 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.
- We may place a "Registrar Lock" 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.
- 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.
- 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 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.
- 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 $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 AND YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- INDEMNITY: You hereby release, indemnify, 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 by you, or by anyone else using the Services, of any intellectual property or other proprietary right of any person or entity, or from the 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 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 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 18 YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 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 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. The UDRP 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 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. If you or your domain name are 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:
- Except as otherwise set forth in the UDRP 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.
- 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 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.
- 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.
- 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.
- GENERAL: This Agreement and all applicable ICANN policies and the policies of any relevant registry, including but not limited to the UDRP, 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. 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 FOLLOWING REGISTRARS ARE REFERENCED IN THIS DOCUMENT:
Afterdark Domains, Incorporated
Arab Internet Names, Incorporated
AsiaDomains, Incorporated
Big House Services, Inc.
Blisternet, Incorporated
Dagnabit, Incorporated
DBMS, Incorporated
Domain Rouge, Inc.
Domainnovations, Incorporated
Dropoutlet, Incorporated
eNom, Incorporated
eNom Corporate, Inc.
eNom1, Inc.
eNom2, Inc.
eNom3, Inc.
enom371, Incorporated
enom373, Incorporated
enom375, Incorporated
enom377, Incorporated
enom379, Incorporated
enom381, Incorporated
enom383, Incorporated
enom385, Incorporated
enom387, Incorporated
enom389, Incorporated
enom391, Incorporated
enom393, Incorporated
enom395, Incorporated
enom397, Incorporated
enom399, Incorporated
enom403, Incorporated
enom405, Incorporated
enom407, Incorporated
enom409, Incorporated
enom411, Incorporated
enom413, Incorporated
enom415, Incorporated
enom417, Incorporated
enom419, Incorporated
enom421, Incorporated
enom423, Incorporated
enom425, Incorporated
enom427, Incorporated
enom429, Incorporated
|
enom431, Incorporated
enom433, Incorporated
enom435, Incorporated
enom437, Incorporated
enom439, Incorporated
enom441, Incorporated
enom443, Incorporated
enom445, Incorporated
enom447, Incorporated
enom449, Incorporated
enom451, Incorporated
enom453, Incorporated
enom455, Incorporated
enom457, Incorporated
enom459, Incorporated
enom461, Incorporated
enom463, Incorporated
enom465, Incorporated
enom467, Incorporated
enom469, Incorporated
enom623, Incorporated
enom635, Incorporated
enom646, Incorporated
enom647, Incorporated
enom650, Incorporated
enom652, Incorporated
enom654, Incorporated
enom655, Incorporated
enom656, Incorporated
enom659, Incorporated
enom661, Incorporated
enom662, Incorporated
enom663, Incorporated
enom666, Incorporated
enom672, Incorporated
enom1008, Incorporated
enom1009, Incorporated
enom1010, Incorporated
enom1012, Incorporated
enom1013, Incorporated
enom1014, Incorporated
enom1033, Incorporated
enom1034, Incorporated
enom1035, Incorporated
|
enom1036, Incorporated
enom1037, Incorporated
enom1038, Incorporated
eNom5, Inc.
eNomAu, Inc.
eNombre Corporation
eNomEU, Inc.
eNomfor, Inc.
eNomGMP Services, Inc.
eNomMX, Inc.
eNomnz, Inc.
eNomsky
eNomToo, Inc.
eNomV, Inc.
eNomWorld, Inc.
eNomX, Inc.
Entertainment Names, Incorporated
Extra Threads Corporation
FeNomINAL, Inc.
Fushi Tarazu, Incorporated
Gunga Galunga, Inc.
Indirection Identity Corporation
Internet Internal Affairs Corporation
Kingdomains, Incorporated
Mark Barker Incorporated
Mobile Name Services, Incorporated
Name Nelly Corporation
Name Thread Corporation
Nerd Names Corporation
Nom Infinitum Corporation
One Putt, Inc
PostalDomains, Incorporated
Private Domains, Incorporated
Retail Domains, Inc.
SBSNames, Incorporated
Searchnresq, Inc.
Sicherregister, Incorporated
Sipence, Incorporated
Sssasss, Incorporated
Traffic Names, Incorporated
TravelDomains, Incorporated
Vedacore, Inc
Whiteglove Domains, Incorporated
|
.US domain requirements (NEXUS)
There are additional contact attributes required:
1. Nexus Category.
2. Nexus Country.
3. Application Purpose. .CA domain requirements
There are additional contact attributes required:
1. Legal Type.
2. Registrant of domain (individual or company's name).
3. Optional description of Registrant.
4. Trademark Number.
5. Organization registered location. .DE domain requirements
Should you seek to register a .DE second level domain name you, the registrant, must also agree with the requirements of the .DE registration terms and conditions in German (an English translation is available for the convenience of English speakers, but the terms as they are found in the original German agreement are the actual authoritative and legally binding documentation).
You should be aware that the terms to register a second level domain in the .DE namespace are not strictly and finally documented. For example, fees for a second level domain registration in the .DE namespace are charged on a monthly basis. Registrars, however, may provide fee payment services which would allow you to pre-pay for longer time periods. If you pre-pay for a longer period of time, you will not be given a refund by this registrar if you decide to cancel your registration prior to the end of your pre-paid period. Also, a second level domain registration in the .DE namespace is for life, though you may cancel your registration by providing one month's notice to DENIC. If you do not cancel your registration with and you stop paying the required registration fees to this registrar, then this registrar will stop making payments to DENIC on your behalf; in this case DENIC may attempt to bill you directly (and not through this registrar). After a certain period of non-payment, DENIC may then terminate your domain name registration, though it is not clear to this author whether you would also be released from the obligation to pay the registration fees incurred prior to termination by DENIC. If you stop paying the required registration fees, this registrar may, but is not required to, terminate your .DE domain name registration on your behalf. It is not clear to this author whether these terms are spelled out for prospective .DE registrants, so you are encouraged to perform your own due diligence to your own satisfaction before making the decision to register a second level domain registration in the .DE namespace.
own due diligence !!! ??? .CO.UK domain requirements
There are additional contact attributes required:
1. Specify legal type from the list below.
2. Provide company identification number (required for Legal Types noted).
3. Specify the name of the Registrant / Company (please, be careful - this cannot be changed easily.) .ORG.UK domain requirements
There are additional contact attributes required:
1. Specify legal type from the list below.
2. Provide company identification number (required for Legal Types noted).
3. Specify the name of the Registrant / Company (be careful - this cannot be changed easily.) .EU domain requirements
To register an .EU domain name, you must meet one of the following requirements: i) Undertakings having their registered office, central administration or principal place of business within the European community; ii) Organizations established within the European Community without prejudice to the application of national law; iii) Natural persons resident within the European Community.
Undertakings !!!!!!! ???? .ASIA domain requirements
Anyone (person or entity) can be a registrant of .ASIA domains. In order to satisfy the .ASIA Charter Eligibility Requirement:
one of the associated contacts for the domain (registrant, administrative, technical or billing contact) must be a legal entity
in ASIA. A legal entity may be a natural person of a juristic entity such as a corporation.
There are additional contact attributes required:
1. Specify Locality of Establishment
2. Specify Type of Entity
3. Specify Form of Identity
4. Provide Form of Identity ID Number/Code of Reference
Your domain will become live once the domain has been awarded to you by the registry. You may have to submit more documentary
evidence or participate in an auction before you are awarded the domain.
.JP domain requirements
Any individual, group, or organization that has a permanent postal address in Japan may apply for a 2nd level,
i.e., General-use JP Domain Name (DOMAIN.JP). TLDs Details
| TLD |
Rgistration |
Additional
details with
registration |
Transfer |
EPP Key |
Registrar lock |
Whois Protect |
Renewal |
Grace Period |
| .com |
1-10 years |
No |
Yes |
Yes |
Yes |
Yes |
|
5 days |
| .net |
1-10 years |
No |
Yes |
Yes |
Yes |
Yes |
|
5 days |
| .org |
1-10 years |
No |
Yes |
Yes |
Yes |
Yes |
|
5 days |
| .info |
1-10 years |
No |
Yes |
Yes |
Yes |
Yes |
|
5 days |
| .biz |
1-10 years |
No |
Yes |
Yes |
Yes |
Yes |
|
5 days |
| .us |
1-10 years |
Yes |
Yes |
Yes |
Yes |
No |
|
5 days |
| .co.uk |
2 years |
Yes |
Yes |
No |
No |
No |
|
- |
| .org.uk |
2 years |
Yes |
Yes |
No |
No |
No |
|
- |
| .eu |
1 year |
Yes |
Yes |
No |
No |
No |
Auto-renew |
- |
| .de |
1-10 years |
Yes |
No |
No |
No |
No |
Auto-renew |
- |
| .ca |
1-10 years |
Yes |
Yes |
No |
No |
No |
|
- |
| .tv |
1-10 years |
No |
Yes |
No |
Yes |
Yes |
|
5 days |
| .me |
1-10 years |
No |
Yes |
Yes |
Yes |
Yes |
|
2 days |
| .be |
1 year |
Yes |
No |
No |
No |
No |
Auto-renew |
- |
| .asia |
1-10 years |
Yes |
No |
Yes |
Yes |
No |
|
5 days |
| .jp |
1 year |
Yes |
No |
Yes |
No |
No |
Auto-renew |
- |
| .mobi |
1-10 years |
No |
Yes |
Yes |
Yes |
No |
|
5 days |
| .cc |
1-10 years |
No |
Yes |
Yes |
Yes |
Yes |
|
- |
| .cn |
1-10 years |
No |
Yes |
Yes |
No |
No |
|
- |
| .tw |
1-10 years |
No |
Yes |
Yes |
No |
No |
|
5 days |
| .co |
1-5 years |
No |
Yes |
Yes |
Yes |
No |
|
- |
Transfers without EPP Key
.eu
The gaining and losing registrants will receive an email from the registry which must be approved within 14 days.
.co.uk, .org.uk
If you initiate the transfer with eNom first, you must submit the request to the losing registrar within one week. If initiating the request to the losing registrar first, you must initiate your transfer with eNom by either the 8th of current month or the 8th of the following month, whichever is closest to the current date. Request Retag from the losing registrar.
.de
The gaining registrar puts in a request at DENIC. But generally .de tlds cannot be transferred.
.ca
Request transfer from gaining registrar. Administrative contact needs to approve the transfer request.
.tv
Request transfer from gaining registrar.
Transfer details
45 days rule
The 45-days transfer rule says: Due to a registry restriction(not eNom or any other registrar, but the global registry), if a domain is renewed and then transferred to another registrar within the first 45 days since the renewal, the domain will not have an additional year added to the expiration date.
.org 60 days restriction
Due to a registry restriction (Public Interest Registry; http://www.pir.org), .org domains have a 60-day transfer restriction. If a .org domain has been transferred between registrars, the Public Interest Registry does not allow a transfer of the domain for 60-days since the date the transfer was complete.
.co.uk/.org.uk 3 months rule
For .co.uk/.org.uk successful transfers where the domain name has more than 3 months remaining to expiration, domain is not renewed for two years but just trsnaferred. If the domain is within 3 months or less of its renewal date, the domain will be renewed for 2 years.
.eu
The domain expiration date is extended with one year from the date the transfer or trade took place, not with one year from the existing expiration date.
.co transfer rules
- Transfers of .CO domains are not permitted within the first 60 days of registration.
- Transfers of .CO domains are not permitted within 60 days of a previous transfer.
- Successful transfers will result in a one-year domain name renewal registration.
Renewal details
.co.uk/.org.uk
Due to Registry restrictions, co.uk, .org.uk and .me.uk domains can only be renewed 6 months prior to expiration date.
Auto-renew=ON
Certain domain names, like .EU and . DE, can only be renewed via the auto-renew process. Therefore, the auto-renew should be set to 'ON' if you would like these domains to be renewed at all.
In order to renew .EU domains, they must be set to Auto-Renew = ON.The automatic renewal will process 30 days prior to expiration date provided that there are funds available on the account. The domain will be renewed for a one year.Due to registry restrictions, manual renewal of .EU domains are not possible.
Domains will start being billed 30 days in advance. If a domain name's auto renewal option is set to "off", and you set the auto renewal to "on" within 30 days after the expiration date, the system will try to bill you within 24 hours. We need to stress that this is not a good practice as some tlds such as .EU have no grace period and if you go beyond the expiration date then there is a chance you will not be able to get the domain back.
up to 10 years maximum renewal
Domain names can be registered for a maximum of 10 years. If your domain has not yet expired, you will be able to renew it for 9 years at the most.
Registration details
.ca approval email
When . CA domains are initially registered, CIRA sends an approval email to the registrant email contact. The domain registration is not complete until the registrant approves it via this email. While in this "pending-approval" status, the domain will not resolve or otherwise function. The domain will appear within your account, but you will not be able to fully manage it, especially at the registry level, until approved.
The registrant has 7 days to approve the registration, otherwise the registration is terminated. If the registrant needs this approval email re-sent, please open a support ticket.
Whois details
.ca
The registry will no longer display name, address, phone, fax or email address for Individual registrants. It will remain as is for Non-Individual.
Change domain's whois details from the DCP(Domain Control Panel)
| TLD |
Registrant Contacts |
Admin Contacts |
Billing Contacts |
Technical Contacts |
| .com |
Yes |
Yes |
Yes |
No |
| .net |
Yes |
Yes |
Yes |
No |
| .org |
Yes |
Yes |
Yes |
No |
| .info |
Yes |
Yes |
Yes |
No |
| .biz |
Yes |
Yes |
Yes |
No |
| .us |
Yes |
Yes |
Yes |
No |
| .co.uk |
No |
No |
No |
No |
| .org.uk |
No |
No |
No |
No |
| .eu |
No |
No |
No |
No |
| .de |
No |
No |
No |
No |
| .ca |
No |
No |
No |
No |
| .tv |
Yes |
Yes |
Yes |
No |
| .me |
Yes |
Yes |
Yes |
No |
| .be |
No |
No |
No |
No |
| .asia |
No |
No |
No |
No |
| .jp |
No |
No |
No |
No |
| .mobi |
Yes |
Yes |
Yes |
No |
| .cc |
Yes |
Yes |
Yes |
No |
| .cn |
Yes |
Yes |
Yes |
No |
| .tw |
Yes |
Yes |
Yes |
No |
| .co |
Yes |
Yes |
Yes |
No |
Terms -
Refund Policy
At 123 Web Hosting we take great value
in delighting our customers. Below you
can read our Refund Policy.
- Web Hosting Accounts
All newly registered accounts
as well as upgrades from free to paid accounts are
subject to 30 days money back guarantee. This is applicable only for annual
web hosting accounts(1,2,3,4,5 years). In case
you become dissatisfied with our services at any
point within the first 30 days, you will receive
a 100% refund for the hosting account.
In case of web hosting renewals (after one or more
billing cycles), the account is not subject to 30
days money back guarantee, hence the rule for the
first 30 days does not apply.
- Domain Names
Domain name sales are final and
non-refundable. At the time of purchase you are
the sole owner of the domain(s) purchased through
our service. In case you decide to leave our hosting
service at the end of your billing cycle or
take advantage of the 30 days money back guarantee,
domain names are transferable to another provider.
Changes to registered domain names i.e. incorrect spelling,
cannot be made once the domain has been purchased. Please
explicitly verify the spelling of your domain name before
purchase.
- Free Domain Names
In case you get a free domain
name within a web hosting package purchased,
and you decide to take advantage of the 30 days
money back guarantee, you absolutely agree and
understand that domain name registrations are
non-refundable. Therefore upon requesting a refund
based on 30 days money back guarantee, you agree
to deposit the amount of $19.95 for the domain
name registration before a refund for the hosting
account is issued.
Terms -
Provisioning and Invoicing
-
Procesing Payment Orders
Upon successful processing of your payment details
you will be informed about the order status and its reference number, both on our thank-you
page and via e-mail (the e-mail address you have provided during the registration process).
The thank-you page and the thank-you e-mail message include instructions about your order
approval and activation.
- Sales Receipt
Upon successful processing of your payment details you will receive
also a sales receipt via e-mail (the e-mail address you have provided during the registration
process) containing information about the charges made and items ordered.
- Order Review & Approval
A sales representative will review your order and approve it,
unless further confirmation is needed (e.g. confirmation over the phone). Please note that the
account features won't be activated before the order is approved! However, you can login and
check the status of your account.
If you have any concerns or questions regarding your purchase, you can use your integrated
trouble ticketing system in your Hosting Control Panel, our sales email sales@supportindeed.com
or you can call our
USA Sales Phone Line: +1 (347) 223 5853 (8:30 AM - 16:30 PM EST),
UK Sales Phone Line: +44 20 8 1234 790 (7:30 AM - 5:30 PM GMT)
DE Sales Phone Line: +49-431-5568-3602 (8:30 AM - 16:30 PM EST)
- Invoicing
Once your account is active and your order is approved, you can view and/or
save an invoice of your purchase inside the Hosting Control Panel.
Terms -
Domain Privacy Protection Agreement
Please read this domain privacy protection agreement ("Agreement") carefully. By using the domain privacy protection services ("Services"), you agree to all the terms and conditions in this agreement. You agree that the "service providers" (defined below) may amend this agreement. You agree that any new, different or additional features that change services will automatically be subject to this agreement. You agree that service providers may change this domain privacy protection agreement without further notice. If you do not agree to be bound this agreement and any subsequent amendments hereto, do not use, access, or continue to use the services.
This Agreement is by and between Whois Privacy Protection, Inc., a Nevada corporation ("Backend Service Provider"), and 123 Web Hosting who makes the Services available to you ("Primary Service Provider;" Backend Service Provider and Primary Service Provider, being together referred to herein as the "Service Providers"). This Agreement sets forth the terms and conditions of Your relationship with the Service Providers and Your use of the 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;. You agree that You will be bound by representations made by third parties You use to obtain the 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 the Domain Names Terms of Services which you agree by registering or renewing domain(s) with 123 Web Hosting.
- The Domain Privacy Protection Services
If you subscribe to the Domain Privacy Protection Services, each domain name registration which you control and which You designate such service 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 Privacy Protected 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 Privacy Protected Domain;
- The Privacy Protected 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 Privacy Protected Domain with the registrar (such as, "active," "Registrar Lock," "clienthold," etc.).
While You will not be listed as the registrant for the Privacy Protected Domains, and other than as described in this Agreement, the Backend Service Provider will not act to control the Privacy Protected Domain(s). You will retain the right to sell, transfer, or assign each Privacy Protected Domain(s); You will retain the right to control and set the DNS settings for the Privacy Protected Domain(s); You will retain the right to renew each Privacy Protected 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 Privacy Protected Domain(s), subject to the remaining provisions of this Agreement.
IMPORTANT: THE DOMAIN PRIVACY PROTECTION SERVICES ARE NOT A GENERAL MAIL FORWARDING SERVICE. You agree that You will not provide any third party with the Domain Privacy Protection Addresses for the purpose of having such third party transmit communications to you through the Backend Service Provider. Third parties may obtain the Domain Privacy Protection Addresses listed in the Whois directory by their own initiative, but You agree that You will not be the one to provide the Domain Privacy Protection Addresses to such third parties.
- Provision of Personal Information
You agree that for each Privacy Protected 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 Privacy Protected Domain's administrative, technical, and billing contacts;
- The primary and secondary domain name servers for the Privacy Protected 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 Privacy Protected 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 participate in automatic renewal of the Domain Privacy Protection Services You agree i) that the IDP Services shall be automatically renewed on the end of Your Domain Privacy Protection Services term, ii) that the Service Provider will attempt to charge the credit card You have on file 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 Domain Privacy Protection Services, You agree that the exclusive method for communicating this to the Service Provider shall be by contacting Customer Service. 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 Domain Privacy Protection Services as a result of inability to obtain payment.
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 e.g. PayPal. You agree that charges may appear on the credit card statement under vendor name AttractSoft GMBH. Fees are non-refundable. If for any reason there is a charge back for any fee previously charged to the credit card by vendor name AttractSoft GMBH, You agree that vendor name AttractSoft GMBH 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 Privacy Protected Domain(s), that the Privacy Protected Domain(s) may be sold to third parties, or that the Privacy Protected Domain(s) may be to pointed to IP numbers of Backend Service Provider's choosing, and that Backend Service Provider may immediate cancel Your all services provided to You.
IMPORTANT TERMS REGARDING RELATIONSHIP OF TERM OF DOMAIN PRIVACY PROTECTION SERVICES AND REGISTRATION TERM OF AN ASSOCIATED PRIVACY PROTECTED DOMAIN: You understand that your DOMAIN PRIVACY PROTECTION Services term begins on the date Your attempt to procure the Domain Privacy Protection 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 Domain Privacy Protection Services term may be different than the registration term of the Privacy Protected Domain which is associated with the Domain Privacy Protection Services. If an Privacy Protected Domain expires and is deleted before the end of the term of the associated Domain Privacy Protection Services, then the Domain Privacy Protection Services associated with the domain will end when the Privacy Protected Domain is deleted and You understand that there will be no refund for any resulting unused portion of an Domain Privacy Protection Services term. If the Domain Privacy Protection Services term ends while the registration term for an Privacy Proteced Domain is still ongoing, then the Domain Privacy Protection Services will no longer be provided, the personal information specified in section 2 shall be listed in the WHOIS output for the (then former) Privacy Protected 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 Domain Privacy Protection Services in good faith and that You have no knowledge or reason to believe that Your Privacy Protected 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 Domain Privacy Protection Services nor Privacy Protected 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 Privacy Protected 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 Domain Names Terms of Serices;
- 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 Domain Privacy Protection Services or an Privacy Protected 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 Domain Privacy protection);
- 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 Domain Privacy Protection 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 Domain Privacy Protection Services, terminate provisionment of the Domain Privacy Protection 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 Privacy Protected 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 Domain Privacy Protection Services for any reason, neither Service Provider will refund any fees paid by You for the Domain Privacy Protection Services.
You also acknowledge and agree that Backend Service Provider may, in its sole discretion and without any liability to You whatsoever, cancel the Domain Privacy Protection Services during the first thirty (30) days after You procured the Domain Privacy Protection Services, and/or suspend Your rights under this Agreement and list the Domain Privacy Protection Addresses during resolution of a dispute or investigation of allegations.
- FORWARDING COMMUNICATIONS
You agree that Backend Service Provider will review communications sent to the Domain Privacy Protection Addresses associated with Your Privacy Protected 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 Domain Privacy Protection 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 Domain Privacy Protection Services, Backend Service Provider creates an email address for that domain, "yourdomainname@whoisprivacyprotect.com". Thereafter, when messages are sent to the email address listed in the Domain Privacy protected 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 Domain Privacy Protection 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 Domain Privacy Protection 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 Domain Privacy Protection Services regarding either the Privacy Protected Domain in question or with respect to all of Your Privacy Protected 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 DOMAIN PRIVACY PROTECTION 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 Domain Privacy Protection Services; (v) the unauthorized use 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 Privacy Protected 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 PPIVACY PROTECTED 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 Domain Privacy Protection Services, the web sites of the Service Providers, and/or Your use of Your Privacy Protected 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
- Severability; 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.
- 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.
- Term of Agreement; Survival.
The term of this Agreement begins on the date Your attempt to procure the Domain Privacy Protection Services is accepted by the Service Provider(s). The term shall run for the unit of time which You ordered when You procured the Domain Privacy Protection 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 -
Certificate Services Agreement
This Certificate Services Agreement ("Agreement") sets forth the terms and conditions of your use of Certificate Services
and related services ("Services"). 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) and the distributor 123 Web Hosting in association with AttractSoft GmbH.
- The "Certificate Services" discussed in this Agreement are the GeoTrust QuickSSL®, GeoTrust QuickSSL® Premium, GeoTrust True BusinessID®,
GeoTrust True BusinessID® with EV, GeoTrust True BusinessID® Wildcard and RapidSSL® and such other digital certificate services as may be offered by
123 Web Hosting from time to time and as the Services are made available to you to be bought.
- This Agreement may be modified from time to time. You acknowledge and agree that 123 Web Hosting might change this Terms of Services without notice and you are solely responsible to check for such changes, follow up and comply with them.
- When you purchase Services, you agree to the following "Subscriber Agreements":
- "Subscriber Agreements" provided by GeoTrust:
- The Quick SSL® Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
- The QuickSSL® Premium Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
- The True BusinessID® Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
- The True BusinessID® with EV Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
- The True BusinessID® Wildcard Subscriber Agreement, located at http://www.geotrust.com/resources/legal/terms.htm
- "Subscriber Agreements" provided by RapidSSL:
- Rapid SSL® Subscriber Agreement, located at http://www.rapidssl.com/legal/index.htm
All Subscriber Agreements may be amended from time to time and you are solely responsible to check for such changes, follow up and comply with them.
Terms -
VPS Service Agreement
This Agreement, by and between You (Hereinafter referred to as "Customer"), and AttractSoft GmbH, duly authorized and existing under the laws of Germany and EU (Registration No.: HRB 7963 KI) with its offices located at Mathildenstr. 18, 24148 Kiel, Germany (hereinafter referred to as "Service Provider"):
- AGREEMENT
- In consideration of the mutual covenants contained herein, the parties agree with the following:
- PURPOSE
- The purpose of this Agreement is to define the terms under which the Service Provider will provide the Customer with VPS(Virtual Private Server) Hosting Services, defined as:
- physical space within the Service Provider's Network Operations Center to house a Service Provider-owned and supplied computer system and other equipment as may be required and identified within this Agreement, hereinafter called the Customer's Server,
- limited physical access to the Customer's Server and
- a connection of the Customer's Server to the Internet using the Service Provider's public network connections.
- This Agreement may include additional exhibits for services such as monitoring, managed services, backup service, managed firewall services and Operating System maintenance. Such exhibits, once executed, shall become a part of this Agreement and incorporated herein.
- EFFECTIVENESS, TERM AND RENEWAL
- This Agreement shall become effective when Customer purchase VPS. This Customer Agreement shall remain in effect until the services provided herein are terminated, changed or canceled as allowed by the terms and conditions as contained herein.
- The Customer will be notified prior to the VPS service expiration. In case the service is not renewed the VPS service will be terminated.
- The Customer agrees and understands that Service Provider keeps the VPS one week after the service is terminated. After this period Service Provider has the right to remove(delete) Customer's data on the VPS.
- CUSTOMER'S SERVER AND USE RESPONSIBILITIES
- The Customer's Server may provide services to a Customer and/or his/her customers, or the general public, for any legal purpose whatsoever, provided that:
- The Customer's Server may deliver only those network services specifically disclosed and agreed to herein. The Customer's server shall not be used as a spam mail relay and the Customer shall ensure that such service is Shutdown and,
- The Customer's Server shall not exceed the agreed Bandwidth limits, or provide services to others which might result in excessive usage of the agreed Bandwidth limits, regardless of whether such useage is in the ordinary course of business or results from any unauthorized hacking or use of the Customer's Server. Should Customer exceeds his/her allotted Bandwidth for any reason whatsoever, the Customer will have to pay for the additional Bandwidth, at the rate and terms defined in the current Service Provider price list, and
- The Customer shall not utilize his/her Server for the delivery of unsolicited e-mail (spamming) or the spreading of viruses and,
- The Customer is expressly prohibited from, and shall not use the Server or the Service Provider's network to, violate the security of any computer (or) network, crack passwords or security encryption codes, or transfer or serve any illegal material(s).
- All services provided by the Service Provider under this Agreement extend to the Customer only, and do not extend to any other person, corporation or entity, regardless of their relationship with Customer and under no circumstances will the Service Provider be obliged to support third parties.
- The Customer may resell space on the Customer's Server as well as its bandwidth to third parties, provided that the Customer does NOT:
- allow third party to access administration or root accounts,
- use such service to provide dial-in or general Internet TCP/IP Access,
- provide or divulge login names or passwords, provided to Customer by the Service Provider, to third parties and
- allow any such use which is in violation of this Agreement.
- The Customer and all other third parties accessing or using the Customer's Server shall abide by all of the rules, regulations and policies of the Service Provider's, as well as other networks and computer systems accessed via the Customer's server, whether operated by The Service Provider, its suppliers or others. If the Customer is unsure of those policies, it is the Customer's responsibility to ascertain said policies. The Customer agrees to indemnify and hold The Service Provider harmless from any claims resulting from the Customer's use of the service that damages either the Customer or another party or parties.
- Server should not host sites that provide any content, points of distribution, or 'links' to sites that:
- Infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;
- Violate any law, statute, ordinance or regulation;
- Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
- Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party`s computer or property;
- Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torent sites or links to Torent sites;
- Sites related or directly providing escort services;
- Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
CUSTOMER RESPONSIBILITIES FOR EQUIPMENT, APPLICATIONS AND DATA
- The Customer is totally responsible for the ongoing stability and the operation of the Customer's application and server. Any assistance by the Service Provider staff may result in additional fees.
- Unless contracted by a separate Agreement, in writing, under no circumstances shall The Service Provider assume responsibility for the loss of information on the Customer's Server. The Customer is responsible for all secure backups of all data on the Customer's Server, and is responsible for rebuilding their environment in the event of loss of this information caused by failure of the server, or by any act, by any party, whether accidental or intentional. The customer has the option of hiring the Service Provider for restoration of services at an additional fee. The customer is responsible for providing the Service Provider with a reliable 24-hour contact in order to be notified in the event of a failure or downtime for maintenance.
- The Customer shall provide The Service Provider with a list, and replacement value, detailing any and all additional equipment and software that is installed, or to be installed, on the Customer's Server in the Service Provider's Network Operations Center.
- The Customer shall fully insure additional software and hardware installed on Customer's server against all risk of loss, including without limitation, theft, fire, water and earthquake damage. The Customer is advised to purchase business interruption insurance to protect against lost revenue from Customer's server in case of prolonged disruption of services or catastrophe.
PAYMENT AND CHARGES
- The Customer is responsible for any and all fixed and accumulative charges for their account as, defined in the current the Service Provider price list.
- The account setup fee and the first month (30 days) service are charged immediately upon the execution of this Agreement. Once the Customer's Server is installed and operational, the thirty (30) day period begins. Thereafter, hosting fees are billed on a monthly basis. The first such invoice may include appropriate charges or credits to prorate the service period to the end of the month. Incidental support or additional fees will be charged as the service is performed.
- Invoices for Hosting Services are invoiced and payable in advance for the term of the Hosting Services. Hosting Services are subject to suspension for any account thirty (30) or more days past due and become subject to a re-activation fee. The Service Provider may impose a late charge on invoiced amounts over 30 days outstanding equal to 1.5% per month of the unpaid until the entire balance is paid in full.
- The Service Provider agrees to notify the Customer at least thirty (30) days in advance of any price increase which affects any services provided to the Customer under this Agreement.
REFUNDS AND CANCELLATIONS
- VPS Hosting Services are non-refundable nor bind with money back guarantee. By purchasing VPS you( the Customer) understand and agree that is not entitled to refund.
- Cancellations are feasible at the end of the subscription period only.
LIMITATION OF LIABILITY
- The Service Provider exercises no control whatsoever over the content of the information passing through its network. The Service Provider makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. The Service Provider also disclaims any warranty of merchantability or fitness for a particular purpose. The Service Provider will not be responsible for any damage you might suffer. This includes the loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence, omission or your errors or omissions. Use of any information obtained via the Service Provider's network is at your own risk. The Service Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services.
- The Service Provider's liability hereunder for any losses or damages suffered by Customer or his/her customers with respect to the products and services or any other item under this Customer Agreement, whether direct or indirect, from any cause whatsoever, shall be limited to the amount paid by the Customer to the Service Provider for products and services ordered hereunder for a single billing period only. The Service Provider shall not be liable for any lost profits or for any claim or demand against the Customer by any other party based on any expressed, implied or claimed warranties by the Service Provider not specifically set forth in this Agreement.
- IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- No action, regardless of form, arising out of this or any other Service Provider Agreement or transactions contemplated herein or therein, may be brought by the Customer after more than one (1) year since the cause of action has occurred.
- Customer shall indemnify, defend and hold harmless the Service Provider, its directors, employees and agents from any action brought against them by any third-party in connection with this Agreement, or any other Agreement between Customer and a third-party from any claims resulting from the use of the service by you or any of your customers or others throughout your chain of distribution, including end-users. Customer shall pay all damages and reasonable attorney fees arising as a result of Customer's use or misuse of any rights granted herein.
COMPLIANCE WITH LAWS
- Customer shall at any time comply with all applicable laws and regulations of Germany and EU and all other governmental entities governing, restricting or otherwise pertaining to the use, distribution, exporting or import of data, products, services and/or technical data.
- The Service Provider's network may only be used for lawful purposes. Transmission of any material in violation of any German, EU or other governmental regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.
TERMINATION
- The Service Provider shall have the right to immediately suspend or terminate this Agreement during any investigation of Acceptable Use Policy or Agreement violations, misrepresentation of the services offered by Customer's Server, inappropriate use, use of excessive system or network resources which adversely affects the performance, security or reliability of the Service Provider network, or nonpayment of service fees. In the event that the Service Provider suspends or cancels service, the Service Provider will make a reasonable effort to notify the emergency contact supplied by the Customer, prior to the actual event.
- The Service Provider shall have the right to suspend or terminate this Agreement for any reason, by providing the Customer with written notice.
- The Customer can only cancel Services with a written notice sent to the address of the Service Provider in this Agreement. The Customer agrees that the Service Provider has the right to delete all data, files or other information that is stored on the Customer's servers, on behalf of the Customer, if either the Customer or the Service Provider cancels this account, for any reason.
MISCELLANEOUS PROVISIONS
- This Customer Agreement is being executed by the Customer at the address provided for herein, and by the Service Provider in Kiel Germany, and is governed by, and shall be construed in accordance with the laws of Germany and EU.
- If any sentence, paragraph, clause or combination of the same in this Customer Agreement is held by a court or other governmental body of competent jurisdiction to be unenforceable, invalid or illegal in any jurisdiction, such sentence, paragraph, clause or combination shall be deemed deleted from this Customer Agreement and the remainder of this Customer Agreement shall remain binding on the parties as if such unenforceable, invalid or illegal sentence, paragraph, clause or combination had not been contained herein.
- In the event litigation is required to force compliance with, or address any breach of this Agreement, the parties agree that the prevailing party shall be entitled to attorneys' fees and costs actually incurred.
- Relationship. Nothing in this Customer Agreement or to be done pursuant to its terms and conditions is intended to, or shall, create a partnership or joint venture, for tax purposes or otherwise, between the Service Provider and Customer. Customer is and shall remain fully and solely responsible for all of its employees and assumes full responsibility for all costs and liabilities incurred in connection with the termination of such employees for any reason whatsoever.
MODIFICATION
- This Agreement shall constitute the entire Agreement between Customer and the Service Provider pertaining to Customer's server. This Agreement shall not be modified or altered except by a written instrument duly executed by Customer and by an authorized officer of the Service Provider.
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