Our Agreements
Date of last revision: 6th June 2022
Hostvision Cloud Services is operated by Adeolu Adeyemi as a Sole Trader. All operations are conducted from the Nigeria and are subject to Nigerian Law. All correspondence should be directed here, a postal address is also available on request.
All customers agree to be bound by the following terms of usage:
Additionally the following product specific terms apply:
Registrar Registrant Agreement for Domain Names
Customer Agreement for Domain Names
Customer Agreement for Web Services
Customer Agreement for Digital Certificates
Customer Hosting ProductAgreement
You may also find details of our agreements regarding:
Invoices, Payment Schedules and Fines
Data Sises
Affiliates
Copyright
Master Customer Agreement
This Customer Master Agreement is made, entered into and executed on the date an invoice is generated (hereinafter referred to as the "Effective Date").BETWEEN:
Hostvision Cloud Services (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer"). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term "Customer" shall refer to such entity.
(The Parent and the Customer may be referred to individually as a "Party" and collectively as the "Parties").
WHEREAS the Parent provides various Products and Services;
AND WHEREAS the Customer wishes to purchase Parent's Products and Services NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1) "Advance Account" refers to the credit balance maintained by the Customer with the Parent.
(2) "Agreement" refers to this Customer Master Agreement along with all its appendices, extensions and amendments at any given point in time.
(3) "Business Day" refers to a working day between Monday to Friday excluding all Public Holidays.
(4) "Clear Balance" refers to credit in the Customer Advance Account after deducting any accrued liabilities, Locked Funds and debited amounts.
(5) "Confidential Information", as used in this Agreement shall mean all data, information and materials including, without limitation, computer software, data, information, databases, protocols, reference implementation, documentation, functional and interface specifications, provided by Parent to the Customer under this Agreement, whether written, transmitted, oral, through the Parent Website or otherwise, that is marked as Confidential.
(6) "Customer Contact Details" refers to the Contact Details of the Customer as listed in the Customer Portal Database.
(7) "Customer Control Panel" refers to the set of Web-based interfaces provided by the Parent and its Service Providers to the Customer which allows him to Manage Orders.
(8) "Customer Product Agreement Extension" refers to the latest version of a Specific Customer Product Agreement Extension as posted in the Customer Control Panel or on the Parent Website.
(9) "Customer Portal" refers to the set of Servers, Software, Interfaces, Parent Products and API that is provided for use directly or indirectly under this Agreement by the Parent and/or its ServiceProviders.
(10) "Customer Portal Database" is the collection of data elements stored on the Customer Portal Servers.
(11) "Customer Portal Servers" refer to Machines / Servers that Parentor its Service Providers maintain to fulfil services and operations of the Customer Portal.
(12) "Customer Portal User" refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the "Customer Portal" by the Customer, directly or indirectly.
(13) "Order" refers to a Parent Product purchased by the Customer having a unique Order ID in the Customer Portal Database.
(14) "Parent Products" refer to all Products and Services of Parent which it has provided/rendered/sold, or is providing/rendering/selling.
(15) "Parent Servers" refer to web servers, Mailing List Servers,Database Servers, Customer Portal Servers and any other Machines /Servers that Parent or its Service Providers Operate, for the Customer Portal, the Parent Website, the Parent Mailing Lists, Parent Products and any other operations required to fulfil services and operations ofParent.
(16) "Parent Website" refers to Hostvision Cloud Services.co.uk
(17) "Service Providers" refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organisation, Person, Society, Trust or any other Legal Entity that Parent or its Service Providers (recursively) may, directly or indirectly, Engage /Employ / Outsource / Contract for the fulfilment / provision /purchase of Parent Products, Customer Portal, and any other services and operations of Parent.
(18) "Prohibited Persons (Countries, Entities, and Individuals)" refersto certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organisations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") as listedby the government of the United States of America through the Office of Foreign Assets Control ("OFAC"), with whom all or certain commercial activities are prohibited. If you are located in a Sanctioned Country or your details match with an SDN entry, you are prohibited from registering or signing up with, subscribing to, or using any service of Parent.
2. CUSTOMER PRODUCT AGREEMENT EXTENSIONS
(1) The Customer may purchase various Parent Products in the course of their relationship with Parent under this Agreement, by submitting to Parent, in a form and manner prescribed by Parent, one or more Customer Product Agreement Extensions, which shall then be included as a part of this Agreement.
(2) Any conflicting definitions, terms and conditions in a Customer Product Agreement Extension shall take precedence over the same definition, terms and conditions in this Agreement, and shall beapplied only to that Customer Product Agreement Extension.
3. OBLIGATIONS OF PARENT
Parent shall make available the latest versions of this Agreement and Customer Product Agreement Extensions in the Customer Control Panel or on the Parent Website.
4. OBLIGATIONS OF THE CUSTOMER
(1) The Customer acknowledges that in the event of any dispute and/or discrepancy concerning any data element of an Order or the Customer in the Customer Portal Database, the data element in the Customer Portal Database records shall prevail.
(2) The Customer acknowledges that all information of the Customer in the Customer Portal, including authentication information is accessible to Parent and its Service Providers
(3) The Customer shall comply with all terms or conditions established by Parent and/or its Service Providers from time to time.
(4) The Customer agree to provide, maintain and update, current, complete and accurate information for all the data elements about the Customer in the Customer Portal Database.
(5) Customer acknowledges that Parent Products maybe obtained through Service Providers, and as such, changes in structure, or contracts may occur, and as a result services may be adversely affected. Customer acknowledges and agrees that Parent shall not have any liability associated with any such.
(6) During the term of this Agreement and for three years thereafter, the Customer shall maintain the following records relating to its dealings with Parent and their Agents or Authorised Representatives:-
(a) In electronic, paper or microfilm form, all written communications with respect to Parent Products.
(b) In electronic form, records of the accounts of all, current / pastOrders with the Customer, including dates and amounts of all payments, discount, credits and refunds.
The Customer shall make these records available for inspection by Parent upon reasonable notice not exceeding 14 days.
5. REPRESENTATIONS AND WARRANTIES
Parent and Customer represent and warrant that:-
(1) they have all requisite power and authority to execute, deliver and perform their obligations under this Agreement;
(2) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against the Reseller and Parent in accordance with its terms;
(3) The execution, delivery, and performance of this Agreement and the consummation by Parent and the Reseller of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:-
(a) any provision of law, rule, or regulation;
(b) any order, judgment, or decree;
(c) any provision of corporate by-laws or other documents; or
(d) any agreement or other instrument.
(4) the execution, performance and delivery of this Agreement has been duly authorised by the Customer and Parent;
(5) No consent, approval, or authorisation of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby;
The Customer represents and warrants that:
(1) the Customer has read and understood every clause of this Agreement
(2) the Customer has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement; and
(3) the Customer is eligible, to enter into this Contract according to the laws of his country
6. RIGHTS OF PARENT AND SERVICE PROVIDERS
(1) Parent and Service Providers may change any information, including Authentication Information of the Customer in the Customer Portal Database upon receiving authorisation from the Customer in any form as maybe prescribed by Parent from time to time.
(2) Parent and Service Providers may provide/send any information in the Customer Portal Database, about the Customer, including Authentication information;
(a) to the Customer Contact Details
(b) to any authorised representative, agent, contractee, employee of the Customer upon receiving authorisation in any form as may be prescribed by Parent from time to time
(c) to the Service Providers
(3) Parent and Service Providers in its own discretion can at any point of time temporarily or permanently cease to sell a Parent Product
(4) Parent reserves the right to change pricing, minimum order levels, and discounts, of any Parent Product , at any time.
(5) Parent and Service Providers, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Parent may refund the fees charged for the Order, after deducting any processing charges for the same.
(6) Parent and Service Providers, in their sole discretion, without notice, expressly reserve the right to modify, upgrade, freeze the Customer Portal, and its associated Services.
(7) Notwithstanding anything to the contrary, Parent and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, access, delete, suspend, deny, cancel, modify, intercept and analyse traffic of, copy, backup, access data of, redirect, log usage of, monitor, limit access to, limit access of, take ownership of or transfer any Order, or to delete, suspend, freeze, modify Customer Portal Users' access to Customer Portal, or to modify, upgrade, suspend, freeze Customer Portal, or to publish, transmit, share data in the Customer Portal Database with any person or entity, or to contact any entity in the Customer Portal Database, in order to recover any Payment from the Customer for any service rendered by the Parent including services rendered outside the scope of this agreement for which the Customer has been notified and requested to remit payment, or to correct mistakes made by Parent or its Service Providers in processing or executing an Order, or incase of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or incase of Termination of this Agreement, or if Parent learns of any such event which Parent reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Parent Products and the Customer Portal, or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in compliance with any agreements executed by Parent, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Customer and/or its Agents or any other authorised representatives of the Customer violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, or Parent learns of the possibility of any such violation, or authorisation from the Customer in any manner that Parent deems satisfactory, or for any appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.
(8) Incase of Orders involving web services, Parent and Service Providers can choose to redirect any Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetisation, if an Order has expired, or is suspended, or does not contain valid information to direct it to any destination. Customer acknowledges that Parent and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Customer, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Customer or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.
(9) Parent has the right to rectify any mistakes in the data in the Customer Portal Database with retrospective effect.
(10) Parent and Service Providers reserve the right to prohibit the use of any of their services in connection with any Country-Code Top Level Domain Name ("ccTLD") of any Sanctioned Country.
(11) Parent and Service Providers, in their sole discretion, expressly reserve the right to terminate access to the Customer Control Panel and/or suspend an Order without prior notice, and/or delete an Order without issuing a refund, if the associated Customer/Domain Contact is located in a Sanctioned Country or his/her details, existing or modified, match with an SDN entry. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.
7. TERM OF AGREEMENT AND RENEWAL
The term of this Agreement shall be 1 (ONE) YEAR from the Effective Date and will automatically renew for successive 1 (ONE) YEAR Renewal Term (hereinafter referred to each a "Renewal Term" and cumulatively the "Term"). The Term shall continue until the earlier to occur of the following:
(1) the Agreement is terminated as provided for in Section 8 (TERMINATION OF AGREEMENT); and
(2) The Customer elects not to renew at the end of the Initial Term or any Renewal Term.
8. TERMINATION OF AGREEMENT
(1) Either Party may terminate this Agreement and/or any Customer Product Agreement Extension at any time by
(1) giving a 30 (Thirty) days notice of termination delivered as per Section 26 (NOTICE).
(2) With immediate effect, if the other Party is adjudged insolvent or bankrupt, or if proceedings are instituted by or against a Party seeking relief, reorganisation or arrangement or compromise or settlement under any laws relating to insolvency, or seeking any assignment for the benefit of creditors, or seeking the appointment of a receiver, liquidator or trustee of a Party's property or assets or the liquidation, dissolution or winding up of a Party's Business.
(2) Parent may Terminate this Agreement and/or any Customer Product Agreement Extension by notifying the Customer in writing, as of the date specified in such notice of termination under the following circumstances;
(a) In the event that the Customer or an Agent / Employee / authorised Representative of the Customer materially breaches any term of this Agreement and/or any Customer Product Agreement Extension, including any of its representations, warranties, covenants and agreements hereunder
(b) There was a material misrepresentation and/or material inaccuracy, and/or materially misleading statement in Customer's Application to Parent and/or any material accompanying the application.
(c) With immediate effect if :-
(i) the Customer is convicted of a felony or other serious offence related to financial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that Parent reasonably deems as the substantive equivalent of any of these; or
(ii) the Customer is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others.
(iii) as provided for in Appendix 'A' and Appendix 'C'
(iv) if Any officer or director of the Customer is convicted of a felony or of a misdemeanour related to financial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that Parent deems as the substantive equivalent of any of these;
(3) Customer may Terminate this Agreement and/or any Customer Product Agreement Extension by notifying Parent in writing, as of the date of receipt of such notice, in the event that the Customer does not agree with any revision to the Agreement or any Customer Product Agreement Extension made as per Section 14 (RIGHT TO SUBSTITUTE UPDATED AGREEMENT AND Customer Product Agreement EXTENSIONS) within 30 days of such revision.
(4) Any Product Agreement Extension shall terminate with immediate effect in the event that;
(a) Parent ceases to sell the particular Parent Product covered under that Product Agreement Extension
(b) Parents contract with Service Provider for the particular Parent Product terminates or expires without renewal
(5) Effect of Termination of this Agreement;
(a) Parent shall suspend all Customer Portal Users' access to the Customer Portal, Parent Servers and all Parent Products and Services, under this agreement and all Customer Product Agreement Extensions, immediately upon receiving Termination notice from the Customer or upon learning of any event, which Parent reasonably determines, would lead to Termination of the Agreement.
(b) Upon expiration or termination of this Agreement, all Customer Product Agreement Extensions signed by the Customer shall deemed to have been Terminated with immediate effect
(c) Upon expiration or termination of this Agreement, Parent may complete the processing of all Orders requested to be processed, in the order that they were requested to be processed, by the Customer prior to the date of such expiration or termination, provided that the Customer's Advance Account with Parent has Clear Balance sufficient to carry out these Orders. If Parent is unable to fulfil these Orders then the charges levied to the Customer for these Orders will be reversed
(6) Effect of Termination of any Customer Product Agreement Extension;
(a) Parent may suspend Customer Portal Users' access to applicable Parent Products and Services , and the Customer Portal immediately upon receiving Termination notice from the Customer or upon learning of any event, which Parent reasonably determines, would lead to Termination of any Customer Product Agreement Extension
(b) Upon expiration or termination of any Customer Product Agreement Extension, Parent may complete the processing of all Orders, of that Parent Product, in the order that they were requested to be processed, by the Reseller prior to the date of such expiration or termination, provided that Parent is in a position to fulfil these Orders, and the Customer's Advance Account with Parent has Clear Balance sufficient to carry out these Orders. If Parent is unable to fulfil these Orders then the charges levied to the Customer for these Orders will be reversed
(c) Parent may transfer all Orders falling under the purview of the specific Customer Product Agreement Extension to another Customer or Parent.
(7) Any pending balance due from the Customer at the time of termination of this Agreement or any Customer Product Agreement Extension will be immediately payable.
(8) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement or any Customer Product Agreement Extension in accordance with its terms, unless specified otherwise.The Customer however shall be liable for any damage arising from any breach by it of this Agreement or any Customer Product Agreement Extension.
9. FEES / RENEWAL
(1) Customer shall pay all applicable fees/advances as per the Payment Terms and Conditions set out in Appendix 'C'
(2) Parent will charge a non-refundable fee for an Order unless stated otherwise in any Product Agreement Extension. The applicable fees will be displayed in the Customer Control Panel or on the Parent Website and during the Ordering Process. Parent has the right to revise this pricing at anytime. Any such revision or change will be binding and effective immediately on posting of the revision in the Customer Control Panel or on the Parent Website or on notification to the Customer via email to the Customer.
(3) Customer acknowledges that it is the Customer's responsibility to keep records and maintain reminders regarding the expiry of any Order. As a convenience to the Customer, and not as a binding commitment, we may notify the Customer of any expiring Orders, via an email message and/or SMS alert sent to the contact information associated with the Customer in the Customer Portal database. Should renewal fees go unpaid for an Order, the Order will expire.
The Customer agrees to expressly authorise Parent to send Order related transactional SMS messages, even in the case that the Customer's mobile number is listed as DND with the concerned Telecom Regulatory Authority.
(4) Customer acknowledges that after expiration of the term of an Order, Customer has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to Parent. Parent and Service Providers may make any modifications to said Order or any information associated with said Order. Parent and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Parent and Service Providers may choose to monetise such requests in any fashion at their sole discretion. Parent and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Parent and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Parent and Service Providers may choose to transfer the ownership of the Order to any third party in their sole discretion. Customer acknowledges that Parent and Service Providers shall not liable to Customer or any third party for any action performed under this clause.
(5) Parent at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.
(6) Parent makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase.
10. LIMITATION OF LIABILITY
IN NO EVENT WILL PARENT OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE CUSTOMER FOR ANY LOSS OF REGISTRATION AND USE OF DOMAIN NAME, OR FOR INTERRUPTIONS OF BUSINESS,OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PARENT AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PARENT FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:
(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORISED USE OR MISUSE OF AUTHENTICATION INFORMATION;
(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS;
(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;
(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR PARENT PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;
(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.
If any legal action or other legal proceeding (including arbitration)relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Parent by the Customer, then in no event will the liability of Parent exceed actual amount paid to Parent by the Customer for the Order in question minus direct expenses incurred with respect to that Order.
BOTH PARTIES ACKNOWLEDGE THAT THE CONSIDERATION AGREED UPON BY THE PARTIES IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF THE PARENT RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT PAID TO PARENT BY THE CUSTOMER DURING THE MOST RECENT THREE (3) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.
11. INDEMNIFICATION
(1) The Customer, at their own expense, will indemnify, defend and hold harmless, Parent, Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent, and Service Providers, against any claim, suit, action, or other proceeding brought against Parent or Service Providers based on or arising from any claim or alleged claim, of third parties relating toor arising under this Agreement, Parent Products provided hereunder or use of the Parent Products, including without limitation:-
(1) infringement by either the Customer, or someone else using a Parent Product with the Customer's computer, of any intellectual property or other proprietary right of any person or entity
(2) arising out of any breach by the Customer of this Agreement.
(3) relating to or arising out of any Order or use of any Order
(4) relating to any action of Parent as permitted by this Agreement
(5) relating to any action of Parent carried out on behalf of Customer as described in this Agreement
(2) Parent will not enter into any settlement or compromise of any such indemnifiable claim without Customer's prior written consent, which shall not be unreasonably withheld.
(3) The Customer will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by Parent in connection with or arising from any such indemnifiable claim, suit, action or proceeding.
12. INTELLECTUAL PROPERTY
Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Parent to the Customer, or by any disclosure of any Confidential Information to the Customer under this Agreement.
Customer shall further ensure that the Customer does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libellous or illegal while using services under this Agreement. Customer acknowledges that Parent cannot and does not check to see whether any services or the use of the services by the Reseller under this Agreement, infringes legal rights of others.
13. OWNERSHIP AND USE OF DATA
(1) Customer agrees and acknowledges that Parent owns all data, compilation, collective and similar rights, title and interests worldwide in the Customer Portal Database, and all information andderivative works generated from the Customer Portal Database.
(2) Parent and Service Providers and their designees/agents have theright to backup, copy, publish, disclose, use, sell, modify, processthis data in any form and manner as maybe required for compliance ofany agreements executed by Parent or Service Providers, or in order tofulfil services under this Agreement, or for any other appropriatereason.
14. DELAYS OR OMISSIONS; WAIVERS
No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part ofany Party in exercising any power, right, privilege or remedy underthis Agreement, shall operate as a waiver of such power, right,privilege or remedy; and no single or partial exercise or waiver of anysuch power, right, privilege or remedy shall preclude any other orfurther exercise thereof or of any other power, right, privilege orremedy.
No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege orremedy is expressly set forth in a written instrument duly executed anddelivered on behalf of such Party; and any such waiver shall not beapplicable or have any effect except in the specific instance in whichit is given.
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar),nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing duly executed and delivered.
15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT
(1) During the period of this Agreement, the Customer agrees thatParent may:-
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement
(2) Any such revision or change will be binding and effective immediately on posting of the revision in the Customer Control Panel oron the Parent Website
(3) The Customer agrees to review the Customer Control Panel and Parent Website including the agreements, periodically, to be aware of any such revisions
(4) If the Customer does not agree with any revision, the Customer may terminate this Agreement according to Section 8(3) of this Agreement
(5) The Customer agrees that, continuing use of the services under thisAgreement following notice of any revision, will constitute as an acceptance of any such revisions or changes
(6) The Customer shall execute, in a form and manner prescribed byParent, a supplementary agreement incorporating the amendments to or revisions of the Agreement and/or Customer Product Agreement Extension
(7) The length of the term of the substituted agreement will be calculated as if it is commenced on the date the original Agreement began and the original Agreement will be deemed terminated.
(8) It will be the Customer's responsibility to communicate any changes in the agreement and any obligations/duties covered by these changes to the Customer's Agents / Employees / Authorised Representatives.
16. CONFIDENTIALITY
All Confidential Information shall be governed by the ConfidentialityAgreement as attached in Appendix 'B'.
17. PUBLICITY
The Customer shall not create, publish, distribute, or permit any written / Oral / electronic material that makes reference to us or ourService Providers or uses any of Parent's registered Trademarks /Service Marks or our Service Providers' registered Trademarks / ServiceMarks without first submitting such material to us and our ServiceProviders and receiving prior written consent.
The Customer gives Parent the right to recommend / suggest theCustomer's name and details to Customers / Visitors to the ParentWebsite, and Prospective Customers and use the Customer's name in marketing / promotional material with regards to Parent Products.
18. TAXES
The Customer shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Parent Products.
19. FORCE MAJEURE
Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a "Force Majeure Event") including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party's employees), anyAct of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party's reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of aForce Majeure Event and to the extent such occurrence interferes with either party's performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first three months of such interference, provided that such party uses best efforts to avoid or remove such causes of non performance as soon as possible.
20. ASSIGNMENT / SUBLICENSE
Except as otherwise expressly provided herein, the provisions of thisAgreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties. The Customer shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person(s)/party without the prior written consent of theParent.
21. CUSTOMER - CUSTOMER TRANSFER
(1) Parent may transfer the Order of the Customer to another Person,Organisation or any other Legal entity under the following circumstances:-
(1) authorisation from the Customer and/or their Agent or authorisedRepresentative in a manner prescribed by Parent from time to time;
(2) On receiving orders from a competent Court, Law Enforcement Agency, or recognised Regulatory body;
(3) Breach of Contract;
(4) Termination of this Agreement;
(5) Parent learns of any such event, which Parent reasonably determines would lead to Termination of this Agreement, or would constitute asBreach thereof.
(2) In the above circumstances the Customer shall extend full cooperation to Parent in transferring the Order of the Customer.
22. DISCLAIMER
THE Customer Portal, PARENT SERVERS AND ANY OTHER SOFTWARE / API /SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON "ASIS" AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.
PARENT AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.
PARENT AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF,Customer Portal OR BY ACCESSING PARENT SERVERS. WITHOUT LIMITING THEFOREGOING, PARENT AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH Customer Portal OR PARENT SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVEPROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE Customer Portal/PARENT SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY PARENT AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THECustomer Portal WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE,SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER
PARENT AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES ASTO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITSLEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS,ACCURACY OR RELIABILITY. PARENT AND SERVICE PROVIDERS DO NOT ENDORSE,VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
FURTHERMORE, PARENT NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE Customer Portal, CustomerPortal SERVERS, PARENT WEBSITE AND ANY OTHER SOFTWARE / API /SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
23. JURISDICTION & ATTORNEY'S FEES
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Parent is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in a court in the city, state, country where Parent is incorporated.Parent reserves the right to enforce the law in theCountry/State/District where the Registered/Corporate/Branch Office, orPlace of Management of the Customer is situated as per the laws of thatCountry/State/District.
If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailingParty shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.
24. MISCELLANEOUS
(1) Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa.
(2) There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between theParties in connection with the subject matter of this Agreement, except as specifically set forth herein.
(3) The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator.
(4) This Agreement shall inure to the benefit of and be binding uponParent and the Customer as well as all respective successors and permitted assigns.
(5) Survival: In the event of termination of this Agreement for any reason, Sections 1, 4, 6, 8(5), 8(6), 8(7), 8(8), 9, 10, 11, 12, 13,14, 16, 17, 18, 21, 22, 23, 24(3), 24(5), 24(7), 24(11), 25(2) and allSections of Appendix A, and all Sections of Appendix B, and allSections of Appendix C and any Sections covered separately under aSurvival clause in any Customer Product Agreement Extension shall survive..
(6) This Agreement does not provide and shall not be construed to provide third parties (i.e. non-parties to this Agreement), with any remedy, claim, and cause of action or privilege against Parent.
(7) The Customer, Parent, and its Service Providers are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the parties.
(8) Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, thisAgreement.
(9) Construction: The Parties agree that any rule of construction to the effect that ambiguities are to be resolved against the draftingParty shall not be applied in the construction or interpretation of this Agreement.
(10) Entire Agreement; Sever ability: This Agreement, which includes Appendix A, Appendix B, Appendix C and each executed Customer Product Agreement Extension constitutes the entire agreement between theParties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.
(11) The division of this Agreement into Sections, Subsections,Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.
(12) This agreement may be executed in counterparts.
(13) Language. All notices, designations, and specifications made under this Agreement shall be made in the English Language only.
(14) Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in the city of the Registered office of the Parent
25. BREACH
In the event that Parent suspects breach of any of the terms and conditions of this Agreement:
(1) Parent can immediately, without any notification and without assigning any reasons, suspend / terminate the Customer Portal Users' access to all Parent Products and Services and the Customer Portal.
(2) The Customer will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.
26. NOTICE
(1) Any notice or other communication required or permitted to be delivered to Parent under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to Parent's contact address specified in the Customer Control Panel or on the Parent Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:30 hours local time, and otherwise on the next Business Day.
(2) Any notice or other communication to be delivered to Parent via email under this agreement shall be deemed to have been properly delivered if sent to its Legal Contact mentioned in the CustomerControl Panel or on the Parent Website.
(3) Any notice or other communication required or permitted to bedelivered to the Customer under this Agreement shall be deemed properly delivered, given and received when delivered to email address or contact address of the Customer in the Customer Portal Database.
(4) Other than those notices mentioned in this agreement, Parent is NOT required to communicate with the Customer in any respect about services provided under this agreement. As a convenience to the Customer, Parent may proactively send notices about aspects with regards to services rendered under this Agreement, however these notices may be discontinued by Parent at anytime.
APPENDIX 'A' ACCEPTABLE USAGE POLICIES
This Appendix A covers the terms of access to the Customer Portal. Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement.
1. ACCESS TO Customer Portal
(1) Parent may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend Customer Portal Users' access to the CustomerPortal in the event of significant degradation of the Customer Portal, or at any time Parent may deem necessary.
(2) Parent may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the Customer Portal from time to time.
(3) Access to the Customer Portal is controlled by authentication information provided by Parent. Parent is not responsible for any action in the Customer Portal that takes place using this authentication information whether authorised or not.
(4) Parent is not responsible for any action in the Customer Portal by a Customer Portal User
(5) Customer Portal User will not attempt to hack, crack, gain unauthorised access, misuse or engage in any practice that may hamper operations of the Customer Portal including, without Limitation temporary / permanent slow down of the Customer Portal, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute theCustomer Portal and architecture needed to continue operation thereof.
(6) Customer Portal User will not send or cause the sending of repeated unreasonable network requests to the Customer Portal or establish repeated unreasonable connections to the Customer Portal. Parent will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections.
(7) Customer Portal User will take reasonable measures and precautions to ensure secrecy of authentication information.
(8) Customer Portal User will take reasonable precautions to protectCustomer Portal Data from misuse, unauthorised access or disclosure, alteration, or destruction.
(9) Parent shall not be responsible for damage caused due to the compromise of your Authentication information in any manner OR any authorised/unauthorised use of the Authentication Information.
(10) Parent shall not be liable for any damages due to downtime or interruption of Customer Portal for any duration and any cause whatsoever.
(11) Parent shall have the right to temporarily or permanently suspend access of a Customer Portal User to the Customer Portal if Parent inits ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the Customer Portal, or learns of any possible misuse that has occurred, or will occur with respect to a Customer Portal User.
(12) Parent and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, Customer Portal
2. Terms of USAGE OF Customer Portal
(1) Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and Customer Portal Users,either directly or indirectly, shall not use or permit use of theCustomer Portal or an Order, directly or indirectly, in violation ofany federal, state or local rule, regulation or law, or for anyunlawful purpose, or in a manner injurious to Parent, Service Providersor their Resellers, Customers and Customer Portal Users, or their reputation, including but not limited to the following activities -
(1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.)
(2) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic)
(3) Sending unsolicited mass e-mails (i.e., to more than 10individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider
(4) Offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ("spam ware")
(5) Advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software
(6) Harassment of other individuals utilising the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Parent
(7) Impersonating another user or entity or an existing company/user/service or otherwise falsifying one's identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere
(8) Pointing to or otherwise directing traffic to, directly or indirectly, any material that, in the sole opinion of Parent, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Parent, to be threatening or obscene or inappropriate
(9) Engaging in or solicit illegal activities, or to conduct any other activity that infringes the rights of Parent, Service Providers or any other third party
(10) Making foul or profane expressions, or impersonating another person with fraudulent or malicious intent, or to annoy, abuse, threaten, or harass that person
(11) Transmitting Unsolicited Commercial e-mail (UCE)
(12) Transmitting bulk e-mail
(13) Being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist
(14) Posting bulk Usenet/newsgroup articles
(15) Denial of Service attacks of any kind
(16) Excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Parent in its sole discretion
(17) Copyright or trademark infringement
(18) Unlawful or illegal activities of any kind
(19) Promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse)
(20) Causing lossage or creating service degradation for other users whether intentional or inadvertent.
(21) Distributing chain letters
(22) Sending large or multiple files or messages to a single recipient with malicious intent
(23) Cross-posting articles to an excessive number of, or inappropriate, newsgroups, forums, mailing lists or websites
(24) Phishing (identity theft), pharming, distribution of virus or malware, child pornography, Fast Flux techniques, running Botnet command and control, network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution
(25) Referencing an OrderBox provided service or an Order within a spam email
(26) Hosting, transmitting, providing, publishing, or storing illegal content, including but not limited to the following material, information, messages, data or images:
(1) libellous or defamatory content
(2) content that violates any privacy right
(3) content which threatens physical harm or property damage
(4) content which is obscene, pornographic, salacious, explicitly erotic or offensive
(5) content that violates applicable intellectual property laws or regulations, including but not limited to, the transmission of copyrighted material or trade secrets and the infringement of patents and trademarks
(6) content which violates any export, re-export or import laws and regulations of any jurisdiction
(7) hacker programs or archives, "warez", passwords or "cracks"
(8) internet relay chat servers ("IRCs") IRC bots
(9) any content which Parent in its sole discretion determines as illegal, unlawful, or otherwise inappropriate
(2) Parent in its sole discretion will determine what constitutes as violation of appropriate usage including but not limited to all of the above.
(3) Data in the OrderBox Database cannot be used for any purpose other than those listed below, except if explicit written permission has been obtained from Parent:-
1. To perform services contemplated under this agreement; and
2. To communicate with Parent on any matter pertaining to Parent or its services
(3) Data in the OrderBox Database cannot specifically be used for any purpose listed below :-
1. Mass Mailing or SPAM; and
2. Selling the data
APPENDIX 'B' CONFIDENTIALITY
Customer's use and disclosure of Confidential Information is subject to the following terms and conditions:-
(1) With respect to the Confidential Information, the Customer agree that:
(1) The Customer shall treat as strictly confidential, and use all reasonable efforts, including implementing reasonable physical security measures and operating procedures, to preserve the secrecy and confidentiality of, all Confidential Information received from Parent.
(2) The Customer shall make no disclosures whatsoever of anyConfidential Information to others, provided however, that if theCustomer are a corporation, partnership, or similar entity, disclosure is permitted to the their officers and employees who have a demonstrable need to know such Confidential Information, provided that the Customer shall advise such personnel of the confidential nature of the Confidential Information and of the procedures required to maintain the confidentiality thereof; and
(3) The Customer shall not modify or remove any confidentiality legends and/or copyright notices appearing on any Confidential Information ofParent.
(2) The obligations set forth in this Appendix shall be continuing, provided, however, that this Appendix imposes no obligation upon the Customer with respect to information that:
(1) is disclosed with Parent's prior written approval; or
(2) is or has entered the public domain in its integrated and aggregated form through no fault of the receiving party; or
(3) is known by the Customer prior to the time of disclosure in its integrated and aggregated form; or
(4) is independently developed by the Customer without use of theConfidential Information; or
(5) is made generally available by Parent without restriction on disclosure.
(3) In the event the Customer is required by law, regulation or court order to disclose any of Parent's Confidential Information, theCustomer will promptly notify Parent in writing prior to making any such disclosure in order to facilitate Parent seeking a protective order or other appropriate remedy from the proper authority, at theCustomer' expense. The Customer agree to cooperate with Parent in seeking such order or other remedy. The Customer further agree that ifParent is not successful in precluding the requesting legal body from requiring the disclosure of the Confidential Information, it will furnish only that portion of the Confidential Information, which is legally required.
(4) In the event of any termination of this Agreement, all ConfidentialInformation, including all copies, partial copies of ConfidentialInformation, copied portions contained in derivative works, in theCustomer' possession shall be immediately returned to Parent or destroyed. Within 30 (Thirty) days of termination of this Agreement, the Customer will certify in writing, to Parent the Customer'compliance with this provision.
(5) The Customer shall provide full voluntary disclosure to Parent of any and all unauthorised disclosures and/or unauthorised uses of anyConfidential Information; and the obligations of this Appendix shall survive such termination and remain in full force and effect.
(6) The Customer duties under this Appendix shall expire five (5) years after the information is received or earlier, upon written agreement of the parties.
(7) The Customer agrees that Parent shall be entitled to seek all available legal and equitable remedies for the breach by either of theCustomer of all of these clauses in this Appendix at the cost of theCustomer.
APPENDIX 'C' PAYMENT TERMS AND CONDITIONS
1. ADVANCE ACCOUNT
(1) Prior to purchasing any Parent Products, the Customer shall maintain an Advance Account with Parent.
(2) As and when, the Customer purchases Parent Products, the Customer'sAdvance Account balance shall be reduced as per the then current pricing of that Parent Product as mentioned in the Customer ControlPanel or on the Parent Website or during the ordering process.
(3) Parent shall maintain a record of Customer's Advance Account balance, which shall be accessible by the Customer. If the Customer'sAdvance Account balance is insufficient for processing any Order then that Order may not be processed.
(4) The Advance Account will maintain the Customer Credit in both theAccounting Currency and Selling Currency of the Parent's choice. Parent has the right to modify the currency at anytime.
(5) Any negative balance in the Customer's Advance Account will beimmediately payable. If a Customer does not remedy a negative balance in their account within 24 hours, Parent has the right to terminate this agreement with immediate effect and without any notice. Upon such termination or otherwise Parent shall continue to have the right to initiate any legal proceedings against the Customer to recover any negative balance in the Customer's Advance Account.
(6) Parent shall have the right to set-off any payment received from the Customer, or Sub-Customer, or Lower Tier Sub-Customer, or Customer against any negative balance in the Customer's Advance Account.
(7) Any discrepancy, mistake, error in the credit / debit / amount in the Customer Transactions / Advance Account maybe corrected by Parent at anytime
2. PAYMENT TERMS
(1) Parent will accept payments from the Customer only by means specified in the Customer Control Panel
(2) Parent will credit all payments received to the Customers AdvanceAccount after deducting all bank charges, processing charges and any other charges which Parent may choose to levy upon its sole discretion, within reasonable time of receiving the credit in Parent's Account. The exchange rate will be determined by Parent through a reasonable source.The exchange rate determined by Parent shall be indisputable.
(3) It is the Customer's responsibility to provide the CustomerUsername to Parent to be credited for the payment. The absence of theCustomer Username along with reasonable information will delay the corresponding credit to the Advance Account.
(4) In the event that the Customer charges back a payment made viaCredit Card or the payment instrument sent by the Customer bounces due to Lack of Funds or any other Reason, then
(1) Parent may immediately suspend OrderBox Users' access to theOrderBox
(2) Parent has the right to terminate this agreement with immediate effect and without any notice.
(3) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders placed by the Customer, as well as stop / suspend /delete / transfer any Orders currently being processed.
(4) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all Orders placed by the Customer to any other Customer, or underParent's account.
(5) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back /Payment Reversal in addition to actual costs of the same.
(6) Any negative balance in the Customers Advance Account shall become immediately payable
(7) Parent shall have the right to initiate any legal proceedings against the Customer to recover any such liabilities.
3. PRICING TERMS
(1) All pricing in this Agreement as well as every Customer ProductAgreement Extension refers to the price at which the Customer mayPurchase the corresponding Parent Product. This is excluding taxes, surcharges or any other costs.
(2) Parent may at any time change the price of any Parent Product with reasonable notification to the Customer.
4. REFUNDS AND REIMBURSEMENT TERMS
(1) All Clear Balance pending in the Advance Account maybe reimbursed fully to the Customer, on request of the Customer. Such Request must be sent to Parent in the manner prescribed by Parent.
(2) All bank charges applicable and a reasonable processing fee will be deducted from this amount. All Refunds and Reimbursements will take up to 14 Business Days from the date of receipt of the request, to process.
(3) Parent will not be responsible for any differences in the reimbursement amount due to Fluctuation in International Currency rates. Parent will determine in its sole discretion appropriate conversion rates for currency exchange
(4) Parent will not refund any amount that has already been debited to the Customers Advance Account under any circumstances.
RegistrarRegistrant Agreement for Domain Names
DOMAIN REGISTRANT AGREEMENTThis Domain Registrant Agreement (hereinafter referred to as the"Agreement") between you ("you", "your" or "Registrant") and theRegistrar of the Domain Name, or .NAME Defensive Registration, or .NAMEMail Forward (the "Order") that you have registered/reserved through or transferred to Registrar, sets forth the terms and conditions ofRegistrar's domain name registration service and other associated services as described herein.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you","your" and "Registrant" shall refer to such entity.
This Agreement explains our obligations to you, and your obligations to us in relation to each Domain Name, or .NAME Defensive Registration, or.NAME Mail Forward that you have registered/reserved through or transferred to Registrar ("Order"), directly or indirectly, whether or not you have been notified about Registrar.
This Agreement will become effective when the term of your Order begins with Registrar and will remain in force until the Order remains as an active Order with Registrar. Registrar may elect to accept or reject the Order application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request fora prohibited Order.
WHEREAS, Registrar is authorised to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX 'U';
AND WHEREAS, the Registrant is the Owner of a registration of a domain name ("the SLD") in any of the TLDs mentioned within APPENDIX 'U',directly or indirectly;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar and the Registrant, intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1) "Business Day" refers to a working day between Mondays to Friday excluding all Public Holidays.
(2) "Communications" refers to date, time, content, including content in any link, of all oral / transmitted / written communications /correspondence between Registrar, and the Registrant, and anyArtificial Juridical Person, Company, Concern, Corporation, Enterprise,Firm, Individual, Institute, Institution, Organisation, Person,Society, Trust or any other Legal Entity acting on their behalf.
(3) "Customer" refers to the customer of the Order as recorded in the Hostvision Cloud Services Database.
(4) "Hostvision Cloud Services" refers to the set of Servers, Software, Interfaces,Registrar Products and API that is provided for use directly or indirectly under this Agreement by Registrar and/or its ServiceProviders.
(5) "Hostvision Cloud Services Database" is the collection of data elements stored on the Hostvision Cloud Services Servers.
(6) "Hostvision Cloud Services Servers" refer to Machines / Servers that Registrar or its Service Providers maintain to fulfil services and operations of the Hostvision Cloud Services.
(7) "Hostvision Cloud Services User" refers to the Customer and any Agent, Employee,Contractee of the Customer or any other Legal Entity, that has been provided access to the "Hostvision Cloud Services" by the Customer, directly or indirectly.
(8) "Registrar" refers to the Registrar of record as shown in a WhoisLookup for the corresponding Order at the corresponding RegistryOperator.
(9) "Registrar Products" refer to all Products and Services ofRegistrar which it has provided/rendered/sold, or is providing/rendering/selling.
(10) "Registrar Servers" refer to web servers, Mailing List Servers,Database Servers, Hostvision Cloud Services Servers, Whois Servers and any otherMachines / Servers that Registrar or its Service Providers Operate, for the Hostvision Cloud Services, the Registrar Website, the Registrar Mailing Lists,Registrar Products and any other operations required to fulfil services and operations of Registrar.
(11) "Registrar Website" refers to the website of the Registrar.
(12) "Registry Operator" refers individually and collectively to anyArtificial Juridical Persons, Company, Concern, Corporation,Enterprise, Firm, Individual, Institute, Institution, Organisation,Person, Society, Trust or any other Legal Entity that is involved in the management of any portion of the registry of the TLD, including but not limited to policy formation, technical management, business relationships, directly or indirectly as an appointed contractor.
(13) "Resellers" - The Registrant may purchase the Order through a reseller, who in turn may purchase the same through a reseller and soon (collectively known as the "Resellers").
(14) "Service Providers" refers individually and collectively to anyArtificial Juridical Persons, Company, Concern, Corporation,Enterprise, Firm, Individual, Institute, Institution, Organisation,Person, Society, Trust or any other Legal Entity that the Customerand/or Registrar and/or Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfilment / provision / purchase of Registrar Products, Hostvision Cloud Services, and any other services and operations of Registrar.
(15) "Whois" refers to the public service provided by Registrar andRegistry Operator whereby anyone may obtain certain information associated with the Order through a "Whois Lookup".
(16) "Whois Record" refers to the collection of all data elements of the Order, specifically its Registrant Contact Information,Administrative Contact Information, Technical Contact Information,Billing Contact Information, Nameservers if any, its Creation andExpiry dates, its Registrar and its current Status in the Registry.
(17) "Prohibited Persons (Countries, Entities, and Individuals)" refers to certain sanctioned countries (each a "Sanctioned Country") and certain individuals, Organisations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") as listed by the government of the United States of America through the Office ofForeign Assets Control ("OFAC"), with whom all or certain commercial activities are prohibited. If you are located in a Sanctioned Country or your details match with an SDN entry, you are prohibited from registering or signing up with, subscribing to, or using any service ofParent.
2. OBLIGATIONS OF THE REGISTRANT
(1) The Registrant agrees to provide and maintain current, complete and accurate information of the Whois Record and all the data elements about the Order in the Hostvision Cloud Services Database and update them within seven(7) days of any change during the term of the Order, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorised person for contact purposes in the case of an RegisteredName Holder that is an Organisation, association, or corporation.Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant's failure to promptly update information provided to Registrar within seven (7) days of any change, or its failure to respond for over seven (7) days to inquiries by Registrar to the email address of the Registrant or any other contact listed for theOrder in the Hostvision Cloud Services database concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order.
(2) The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Order in the Hostvision Cloud Services Database, the data element in the Hostvision Cloud Services Database records shall prevail.
(3) The Registrant acknowledges that the authentication information for complete control and management of the Order will be accessible to theRegistry Operator, Service Providers, Resellers and the Customer. Any modification to the Order by the Resellers, Customer or ServiceProviders will be treated as if it is authorised by the Registrant directly. Registrar is not responsible for any modification to theOrder by the Customer, Resellers, Registry Operator, or ServiceProviders.
(4) The Registrant acknowledges that all communication about the Order will be only done with the Customer or the Resellers of the Order.Registrar is not required to, and may not directly communicate with theRegistrant during the entire term of the Order.
(5) Any Registrant that intends to license use of a domain name to a third party or a privacy/proxy service, is nonetheless the RegisteredName holder of record and is responsible for
(1) providing its own complete contact information and for;
(2) providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the registered domain name.
The Registrant licensing use of the registered domain name according to this provision shall accept liability for harm caused by wrongful use of the registered domain name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the registrant reasonable evidence of actionable harm.
(6) Any Registrant that intends to license use of a domain name to a third party or a privacy/proxy service, shall represent that notice has been provided to the licensee or to any third-party individuals whosePersonal Data is supplied to Registrar by the Registrant stating -
(1) The purposes for which any Personal Data collected from the licensee or from any third-party individuals;
(2) The intended recipients or categories of recipients of the data(including the Registrar, Registration Service provider, RegistryOperator and others who will receive the data from Registry Operator);
(3) Which data is obligatory and which data is voluntary; and
(4) How the Registrant can access and, if necessary, rectify the data held about them.
(7) The Registrant confirms that they shall consent to the data processing referred to in subsection 2.(6)
(8) The Registrant confirms that they have obtained consent equivalent to that referred to in subsection 2.(7) from any third party individuals to whom the Registrant is licensing use of the registered domain name.
(9) The Registrant shall comply with all terms or conditions established by Registrar, Registry Operator and/or Service Providers from time to time.
(10) The Registrant must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down byICANN (http://www.icann.org/en/registrars/registrant-righ...) and the Registry Operator.
(11) During the term of this Agreement and for three years thereafter, the Registrant shall maintain the following records relating to its dealings with Registrar, Resellers and their Agents or authorisedRepresentatives:
(1) in electronic, paper or microfilm form, all written communications with respect to the Order;
(2) in electronic form, records of the accounts of the Order, including dates and amounts of all payments, discount, credits and refunds.
The Registrant shall make these records available for inspection byRegistrar upon reasonable notice not exceeding 14 days.
3. REPRESENTATIONS AND WARRANTIES
Registrar and Registrant represent and warrant that:
(1) They have all requisite power and authority to execute, deliver and perform their obligations under this Agreement.
(2) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable againstRegistrant and Registrar in accordance with its terms.
(3) The execution, delivery, and performance of this Agreement and the consummation by Registrar and the Registrant of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:
(1) any provision of law, rule, or regulation;
(2) any order, judgment, or decree;
(3) any provision of corporate by-laws or other documents;
(4) any agreement or other instrument.
(4) The execution, performance and delivery of this Agreement has been duly authorised by the Registrant and Registrar.
(5) No consent, approval, or authorisation of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby.
The Registrant represents and warrants that:
(1) the Registrant has read and understood every clause of thisAgreement;
(2) the Registrant has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement; and
(3) the Registrant is eligible, to enter into this Contract according to the laws of his country.
4. RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS
(1) Registrar, Service Providers and Registry Operator may change any information, of the Order, or transfer the Order to another Registrant, or transfer the Order to another Customer, upon receiving any authorisation from the Registrant, or the Customer, or Resellers as maybe prescribed by Registrar from time to time.
(2) Registrar, Service Providers and Registry Operator may provide/send any information, about the Registrant, and the Order includingAuthentication information:
(1) to the Registrant;
(2) to any authorised representative, agent, contractee, employee of the Registrant upon receiving authorisation in any form as maybe prescribed by Registrar from time to time;
(3) to the Customer, Resellers, Service Providers and Registry Operator;
(4) to anyone performing a Whois Lookup for the Order.
(3) Registrar in its own discretion can at any point of time with reasonable notification temporarily or permanently cease to sell anyRegistrar Products.
(4) Registrar and the Registry Operator, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within30 days of processing the same. In such case Registrar may refund the fees charged for the Order, after deducting any processing charges for the same.
(5) Notwithstanding anything to the contrary, Registrar, RegistryOperator and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, delete, suspend, deny, cancel, modify, take ownership of or transfer the Order, or to modify, upgrade, suspend, freeze Hostvision Cloud Services, or to publish, transmit, share datain the Hostvision Cloud Services Database with any person or entity, or to contact anyentity in the Hostvision Cloud Services Database, in order to recover any Payment fromthe Registrant, Customer or Resellers, for any service rendered by Registrar including services rendered outside the scope of this agreement for which the Registrant, Customer or Reseller has been notified and requested to remit payment, or to correct mistakes made byRegistrar, Registry Operator or Service Providers in processing or executing the Order, or incase of any breach of this Agreement, or incase Registrar learns of a possibility of breach or violation of thisAgreement which Registrar in its sole discretion determines to be appropriate, or incase of Termination of this agreement, or ifRegistrar learns of any such event which Registrar reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Registrar Products, Hostvision Cloud Services, and the Registry or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, orin accordance/compliance with any agreements executed by Registrar including but not limited to agreements with Service Providers, and/orRegistry Operator, and/or Customers and/or Resellers, or to avoid any liability, civil or criminal, on the part of Registrar and/or ServiceProviders, and/or the Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Registrant and/or Agents or any other authorised representatives of the Registrant violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS hijacking),distribution of virus or malware, child pornography, using Fast Flux techniques, running Botnet command and control, Hacking (illegal access to another computer or network), network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, or Registrar learns of the possibility of any such violation or upon appropriate authorisation (what constitutes appropriate authorisation is at the sole discretion of Registrar) from the Registrant or Customer or Reseller or their authorised representatives, or if Registrar, Registry Operator or ServiceProviders in their sole discretion determine that the information associated with the Order is inaccurate, or has been tampered with, or has been modified without authorisation, or if Registrar or ServiceProviders in their sole discretion determine that the ownership of theOrder should belong to another entity, or ifReseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar, theRegistry Operator or for any appropriate reason. Registrar or RegistryOperator, also reserve the right to freeze the Order during resolution of a dispute. The Registrant agrees that Registrar, Registry Operatorand Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar,Registry Operator and Service Providers, are not liable for loss or damages that may result from any of the above.
(6) Registrar and Service Providers can choose to redirect an Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetisation, if an Order has expired, or is suspended, or does not contain valid Name Servers to direct it to any destination. Registrant acknowledges that Registrar and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.
(7) Registrar and Registry Operator has the right to rectify any mistakes in the data in the Hostvision Cloud Services Database with retrospective effect.
(8) Registrar has the right to change the registrar on record of the order to another registrar.
(9) Registrar shall provide notice to each new or renewed RegisteredName Holder stating:
(1) The purposes for which any Personal Data collected from the applicant are intended;
(2) The intended recipients or categories of recipients of the data(including the Registry Operator and others who will receive the data from the Registry Operator);
(3) Which data are obligatory and which data, if any, are voluntary and how the Registrant or data subject can access and, if necessary, rectify the data held about them.
(10) Registrar will not process the Personal Data collected from theRegistered Name holder in a way incompatible with the purposes and other limitations about which it has provided notice to the RegisteredName holder.
(11) Registrar will take reasonable precautions to protect PersonalData provided by the Registered Name holder from loss, misuse, unauthorised access or disclosure, alteration, or destruction.
(12) Registrar and Service Providers, in their sole discretion, expressly reserve the right to suspend an Order without prior notice, and/or delete an Order without issuing a refund, if the associatedRegistrant / Administrative / Technical / Billing Contact is located in a Sanctioned Country or his/her details, existing or modified, match with an SDN entry. The Registrant agrees that Registrar and ServiceProviders, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar and ServiceProviders, are not liable for loss or damages that may result from any of the above.
5. DISPUTE PROCESS
The Registrant agrees that, if the use of the Order is challenged by a third party, the Registrant will be subject to the provisions of the appropriate Dispute policy for that Order as mentioned in the appropriate Appendix in effect at the time of the dispute. TheRegistrant agrees that in the event a dispute arises with any third party, the Registrant will indemnify and hold Registrar, RegistryOperator and Service Providers harmless in all circumstances, and thatRegistrar, Registry Operator and Service Providers will have no liability of any kind for any loss or liability resulting from any such dispute, including the decision and final outcome of such dispute. If a complaint has been filed with a judicial or administrative body regarding the Registrant's use of the Order, the Registrant agrees not to make any changes to the Order without Registrar's prior approval.Registrar may not allow the Registrant to make changes to such Order until:
(1) Registrar is directed to do so by the judicial or administrative body; or
(2) Registrar receives notification, in a manner prescribed byRegistrar from time to time, by the Registrant and the other party contesting the Registrant registration or use of the Order, that the dispute has been settled.
6. TERM OF AGREEMENT / RENEWALS
(1) The term of this Agreement shall continue until the registrant of the Order in the Hostvision Cloud Services database continues to be the Registrant and the Order continues to exist and the Order Registration term continues to exist.
(2) Registrant acknowledges that it is the Registrant's responsibility to keep records and maintain reminders regarding the expiry of anyOrder. However, the Registrar will send domain renewal notifications to the Registrant on record, either directly or through Simple HostingSolutions, as per the schedule given onhttp://Hostvision Cloud Services.supersite2.myHostvision Cloud Services.com/domain... a convenience to the Registrant, and not as a binding commitment, we may notify the Customer, via an email message sent to the contact information associated with the Customer in the Hostvision Cloud Services database, about the expiry of the Order. Should renewal fees go unpaid for anOrder, the Order will expire.
(3) Registrant acknowledges that after expiration of the term of anOrder, Registrant has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passeson to the Registrar. Registrar and Service Providers may make any modifications to said Order or any information associated with saidOrder. Registrar and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Registrar and Service Providers may choose to monetise such requests in any fashion at their sole discretion. Registrar and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Registrar and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Registrar and Service Providers may choose to transfer the ownership of the Order to any third party in their sole discretion. Registrant acknowledges that Registrar andService Providers shall not be liable to Registrant or any third party for any action performed under this clause.
(4) Registrar at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately at the price then prevailing for such a process as determined by the Registrar in its sole discretion. Such renewal after the expiry of the Order may not result in exact reinstatement of theOrder in the same form as it was prior to expiry.
(5) Registrar makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase.
(6) This Agreement shall terminate immediately in the event:
(1) Registrar's contract with the Service Providers for the fulfilment of such Order is terminated or expires without renewal;
(2) Registrar's contract with the Registry Operator is terminated or expires without renewal;
(3) Registry Operator ceases to be the Registry Operator for the particular TLD;
(4) of Registrant-Registrant Transfer as per Section 8;
(5) of Registrar-Registrar Transfer as per Section 9.
(7) Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify the Order and suspend Hostvision Cloud Services Users' access to the Hostvision Cloud Services with immediate effect, upon the sole discretion of Registrar.
(8) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, unless specified otherwise. The Registrant however shall be liable for any damage arising from any breach by it of this Agreement.
7. FEES / RENEWAL
Payment of fees shall be governed as per the Payment Terms andConditions set out in Appendix 'B.'
8. REGISTRANT - REGISTRANT TRANSFER
(1) Registrar may transfer the Order of the Registrant to another registrant under the following circumstances:
(1) authorisation from the Registrant and/or their Agent or authorisedRepresentative in a manner prescribed by Registrar from time to time;
(2) authorisation from the Customer and/or the Reseller in a manner prescribed by Registrar;
(3) on receiving orders from a competent Court or Law EnforcementAgency;
(4) for fulfilment of a decision in a domain dispute resolution;
(5) breach of Contract;
(6) termination of this Agreement;
(7) Registrar learns of any such event, which Registrar reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof.
(2) Registrant acknowledges that Registrar cannot verify the authenticity of any information, authorisation or instructions received Section (8)(1). Upon receiving such authorisation that Registrar inits absolute unfettered and sole discretion deems to be genuine,Registrar may transfer the Order. Registrar cannot be held liable for any such transfer under any circumstance including but not limited to fraudulent or forged authorisation received by Registrar.
(3) In the above circumstances the Registrant shall extend full cooperation to Registrar in transferring the Order of the Registrant to another registrant including without limitation, handing over all data required to be stored by the Registrant as per Section 3(5), and complying with all requirements to facilitate a smooth transfer.
(4) The Registrant's Order may not be transferred until Registrar receives such written assurances or other reasonable assurance that the new registrant has been bound by the contractual terms of thisAgreement (such reasonable assurance as determined by Registrar in its sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determined by Registrar in its sole discretion) to the terms and conditions in this Agreement, any such transfer maybe considered by Registrar as null and void in its sole discretion.
9. REGISTRAR-REGISTRAR TRANSFER
(1) The Registrant acknowledge and agree that during the first 60 days after initial registration of the Order, or after expiration of theOrder the Registrant may not be able to transfer the Order to another registrar.
(2) Registrar may request the Registrant or any other contact associated with the Order for authorisation upon receiving a request to transfer the Order to another registrar. The Registrant agrees to provide such authorisation to Registrar. Registrar, in its sole discretion will determine, if such authorisation is adequate to allow the transfer. (3) Registrar may deny or prevent a transfer of an Order to another registrar in situations described in this Agreement including, but not limited to:
(1) a dispute over the identity of the domain name holder;
(2) bankruptcy; and default in the payment of any fees;
(3) any pending dues from the Customer or Resellers' or Registrant for any services rendered, whether under this agreement;
(4) any pending Domain Dispute Resolution process with respect to theOrder;
(5) if the Order has been locked or suspended by the Customer orResellers;
(6) any situation where denying the transfer is permitted under the then applicable process and rules of transfer of domain names as laid out by the Registry Operator, Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time;
(7) any other circumstance described in this Agreement;
(8) for any other appropriate reason;
(4) Registrar may at its sole discretion lock or suspend the Order to prevent a Domain Transfer.
(5) Registrar cannot be held liable for any domain name transferred away to another registrar, or for any denial of a transfer, in accordance with this Section 9 (Registrar-Registrar Transfer).
10. LIMITATION OF LIABILITY
IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:
(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORISED USE OR MISUSE OF AUTHENTICATION INFORMATION;
(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED INSECTION 21 OF THIS AGREEMENT;
(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;
(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;
(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.
If any legal action or other legal proceeding (including arbitration)relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Registrar by theRegistrant, then in no event will the liability of Registrar exceed actual amount received by Registrar for the Order minus direct expenses incurred with respect to the Order.
REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.
11. INDEMNIFICATION
(1) The Registrant, at its own expense, will indemnify, defend and hold harmless, Registrar, Service Provider, Registry Operator, Resellers and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator, Service Providers, andResellers against any claim, suit, action, or other proceeding brought against them based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, RegistrarProducts provided hereunder, or any use of the Registrar Products, including without limitation:
(1) infringement by the Registrant, or someone else using a RegistrarProduct with the Registrant's computer, of any intellectual property or other proprietary right of any person or entity;
(2) arising out of any breach by the Registrant of this Agreement;
(3) arising out of, or related to, the Order or use of the Order;
(4) relating to any action of Registrar as permitted by this Agreement;
(5) relating to any action of Registrar carried out on behalf ofRegistrant as described in this Agreement.
However, that in any such case Registrar may serve either of theRegistrant with notice of any such claim and upon their written request, Registrar will provide to them all available information and assistance reasonably necessary for them to defend such claim, provided that they reimburse Registrar for its actual costs.
(2) Registrar will not enter into any settlement or compromise of any such indemnifiable claim without Registrant's prior written consent, which shall not be unreasonably withheld.
(3) The Registrant will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by Registrar in connection with or arising from any such indemnifiable claim, suit, action or proceeding.
12. INTELLECTUAL PROPERTY
Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Registrar to the Registrant, or by any disclosure of any Confidential Information to the Registrant under this Agreement.
Registrant shall further ensure that the Registrant does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libellous or illegal while using services under this Agreement. Registrant acknowledges thatRegistrar cannot and does not check to see whether any service or the use of the services by the Registrant under this Agreement, infringes legal rights of others.
13. OWNERSHIP AND USE OF DATA
(1) You agree and acknowledge that Registrar owns all data, compilation, collective and similar rights, title and interests worldwide in the Hostvision Cloud Services Database, and all information and derivative works generated from the Hostvision Cloud Services Database.
(2) Registrar, Service Providers and the Registry Operator and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Registrar, or Registry Operator or Service Providers, or in order to fulfil services under this Agreement, or for any other appropriate reason.
14. DELAYS OR OMISSIONS; WAIVERS
No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.
No Party shall be deemed to have waived any claim arising out of thisAgreement, or any power, right, privilege or remedy under thisAgreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument on behalf of suchParty; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar),nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing.
15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT
(1) During the period of this Agreement, the Registrant agrees thatRegistrar may:
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement
(2) Registrar, or the Registry Operator or any corresponding/designated policy formulating body may revise ANY of the Dispute policies, and eligibility criteria set forth in the various appendices as well as in any of the external URLs referenced within the appendices.
(3) Any such revision or change will be binding and effective immediately on posting of the revision on the Registrar Website or the corresponding URL referenced in this Agreement.
(4) The Registrant agrees to review the Registrar Website and all otherURLs referenced in this Agreement, periodically, to be aware of any such revisions.
(5) The Registrant agrees that, continuing use of the services under this Agreement following any revision, will constitute as an acceptance of any such revisions or changes.
(6) The Registrant acknowledges that if the Registrant does not agree to any such modifications, the Registrant may terminate this Agreement within 30 days of such revision. In such circumstance Registrar will not refund any fees paid by the Registrant.
16. PUBLICITY
The Registrant shall not create, publish, distribute, or permit any written / Oral / electronic material that makes reference to us or ourService Providers or uses any of Registrar's registered Trademarks /Service Marks or our Service Providers' registered Trademarks / ServiceMarks without first submitting such material to us and our ServiceProviders and receiving prior written consent.
The Registrant gives Registrar the right to use the Registrant names in marketing / promotional material with regards to Registrar Products toVisitors to the Registrar Website, Prospective Clients and existing and new customers.
17. TAXES
The Registrant shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, andall other taxes and duties, whether international, national, state orlocal, however designated, which are levied or imposed or may be leviedor imposed, with respect to this Agreement and the Registrar Products.
18. FORCE MAJEURE
Neither party shall be liable to the other for any loss or damageresulting from any cause beyond its reasonable control (a "ForceMajeure Event") including, but not limited to, insurrection or civildisorder, riot, war or military operations, national or localemergency, acts or directives or omissions of government or othercompetent authority, compliance with any statutory obligation orexecutive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party's employees), anyAct of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party's reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of aForce Majeure Event and to the extent such occurrence interferes with either party's performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first six months of such interference, provided that such party uses best efforts to avoid or remove such causes of nonperformance as soon as possible.
19. ASSIGNMENT / SUBLICENSE
Except as otherwise expressly provided herein, the provisions of thisAgreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties; provided, however, that any such successor or assign be permitted pursuant to the Articles, Bylaws or policies of Registrar.
The Registrant shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person/s except as provided for in Section 8 (REGISTRANT - REGISTRANT TRANSFER) or with the prior written consent of Registrar.
Registrant agrees that if Registrant licenses the use of the Order to a third party, the Registrant nonetheless remains the Registrant of record, and remains responsible for all obligations under thisAgreement.
20. NO GUARANTY
The Registrant acknowledges that registration or reservation of theOrder does not confer immunity from objection to the registration, reservation, or use of the Order.
21. DISCLAIMER
THE Hostvision Cloud Services, REGISTRAR SERVERS, Hostvision Cloud Services Servers, Registrar WebsiteAND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION /APPLICATION SERVICES IS PROVIDED ON "AS IS" AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.
REGISTRAR AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND /OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.
REGISTRAR AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOTBE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, Hostvision Cloud Services OR BY ACCESSING REGISTRAR SERVERS. WITHOUT LIMITING THE FOREGOING, REGISTRAR AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH Hostvision Cloud Services OR REGISTRAR SERVERS WILL BE FREE OF INFECTION BYVIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE Hostvision Cloud Services/REGISTRAR SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY REGISTRAR AND SERVICE PROVIDERS WILLBE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE Hostvision Cloud Services WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE,SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS ORALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER.
REGISTRAR AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS,ACCURACY OR RELIABILITY. REGISTRAR AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAYNOT APPLY TO YOU.
FURTHERMORE, REGISTRAR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE Hostvision Cloud Services, Hostvision Cloud Services SERVERS, REGISTRAR WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION /DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS,ACCURACY, RELIABILITY, OR OTHERWISE.
22. JURISDICTION & ATTORNEY'S FEES
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Registraris incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in city, state, country where Registrar is incorporated.Registrar reserves the right to enforce the law in theCountry/State/District where the Registered/Corporate/Branch Office, orPlace of Management/Residence of the Registrant is situated as per the laws of that Country/State/District.
If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailingParty shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.
For the adjudication of disputes concerning or arising from use of theOrder, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts(1) of the Registrant's domicile and (2) the Registrar's country of incorporation.
23. MISCELLANEOUS
(1) Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa.
(2) There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between theParties in connection with the subject matter of this Agreement, except as specifically set forth herein.
(3) The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator.
(4) This Agreement shall inure to the benefit of and be binding uponRegistrar and the Registrant as well as all respective successors and permitted assigns.
(5) Survival: In the event of termination of this Agreement for any reason, Sections 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14, 16, 17, 20, 21,22, 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23, 23(3), 23(5), 23(7),23(11), 24(2) and all of Appendix A, and all Sections of Appendix B, and Sections 1, 2, 3 of Appendix W shall survive.
(6) This Agreement does not provide and shall not be construed to provide third parties (i.e. non-parties to this Agreement), with any remedy, claim, and cause of action or privilege against Registrar.
(7) The Registrant, Registrar, its Service Providers, RegistryOperator, Resellers, and Customer are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the parties.
(8) Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, thisAgreement.
(9) Construction: The Parties agree that any rule of construction to the effect that ambiguities are to be resolved against the draftingParty shall not be applied in the construction or interpretation of this Agreement.
(10) Entire Agreement; Sever ability: This Agreement, including allAppendices constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subjectmatter expressly set forth herein. If any provision of this Agreementshall be held to be illegal, invalid or unenforceable, each Partyagrees that such provision shall be enforced to the maximum extentpermissible so as to effect the intent of the Parties, and thevalidity, legality and enforceability of the remaining provisions ofthis Agreement shall not in any way be affected or impaired thereby. Ifnecessary to effect the intent of the Parties, the Parties shallnegotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.
(11) The division of this Agreement into Sections, Subsections,Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.
(12) This agreement may be executed in counterparts.
(13) Language. All notices, designations, and specifications made under this Agreement shall be made in the English Language only.
(14) Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in London, UK (GMT)
24. BREACH
In the event that Registrar suspects breach of any of the terms and conditions of this Agreement:
(1) Registrar can immediately, without any notification and without assigning any reasons, suspend / terminate the Registrants access to the Hostvision Cloud Services Server.
(2) The Registrant will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.
(3) Registrar can immediately, without any notification and without assigning any reasons, delete / suspend / terminate / freeze the Order.
25. NOTICE
(1) Any notice or other communication required or permitted to be delivered to Registrar under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered when delivered to contact address specified on the Registrar Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:30 (Indian Standard Time) and otherwise on the nextBusiness Day.
(2) Any notice or other communication required or permitted to be delivered to the Registrant under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, given and received when delivered to contact address of the Registrant in the Hostvision Cloud Services Database.
(3) Any notice or other communication to be delivered to any party via email under this agreement shall be deemed to have been properly delivered if sent in case of Registrar to its Legal Contact mentioned on the Registrar Website and in case of the Registrant to their respective email address in the Hostvision Cloud Services Database.
APPENDIX 'A' TERMS AND CONDITIONS OF Hostvision Cloud Services USAGE
This Appendix A covers the terms of access to the Hostvision Cloud Services. Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement.
1. ACCESS TO Hostvision Cloud Services
(1) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend Hostvision Cloud Services Users' access to the Hostvision Cloud Services in the event of significant degradation of the Hostvision Cloud Services, or at any time Registrar may deem necessary.
(2) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the Hostvision Cloud Services from time to time.
(3) Access to the Hostvision Cloud Services is controlled by authentication information provided by Registrar. Registrar is not responsible for any action in the Hostvision Cloud Services that takes place using this authentication information whether authorised or not.
(4) Registrar is not responsible for any action in the Hostvision Cloud Services by a Hostvision Cloud Services User.
(5) Hostvision Cloud Services User will not attempt to hack, crack, gain unauthorised access, misuse or engage in any practice that may hamper operations of the Hostvision Cloud Services including, without Limitation temporary / permanent slowdown of the Hostvision Cloud Services, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the Hostvision Cloud Services and architecture needed to continue operation thereof.
(6) Hostvision Cloud Services User will not send or cause the sending of repeated unreasonable network requests to the Hostvision Cloud Services or establish repeated unreasonable connections to the Hostvision Cloud Services. Registrar will in itsABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections.
(7) Hostvision Cloud Services User will take reasonable measures and precautions to ensure secrecy of authentication information.
(8) Hostvision Cloud Services User will take reasonable precautions to protect Hostvision Cloud Services Data from misuse, unauthorised access or disclosure, alteration, or destruction.
(9) Registrar shall not be responsible for damage caused due to the compromise of your Authentication information in any manner OR any authorised/unauthorised use of the Authentication Information.
(10) Registrar shall not be liable for any damages due to downtime or interruption of Hostvision Cloud Services for any duration and any cause whatsoever.
(11) Registrar shall have the right to temporarily or permanently suspend access of a Hostvision Cloud Services User to the Hostvision Cloud Services if Registrar in itsABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the Hostvision Cloud Services, or learns of any possible misuse that has occurred, or will occur with respect to a Hostvision Cloud Services User.
(12) Registrar and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, Hostvision Cloud Services
2. Terms of USAGE OF Hostvision Cloud Services
(1) Registrant, or its contractors, employees, directors, officers, representatives, agents and affiliates and Hostvision Cloud Services Users, either directly or indirectly, shall not use or permit use of the Hostvision Cloud Services, directly or indirectly, in violation of any federal, state or local rule, regulation or law, or for any unlawful purpose, or to promote adult-oriented or "offensive" material, or related to any unsolicited bulk e-mail directly or indirectly (such as by referencing an Hostvision Cloud Services provided service within a spam email or as a reply back address), or related to ANY unsolicited marketing efforts offline or online, directly or indirectly, or in a manner injurious to Registrar, RegistryOperator, Service Providers or their Resellers, Customers, or their reputation, including but not limited to the following:
(1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.);
(2) posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic);
(3) sending unsolicited mass e-mails (i.e., to more than 10individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider;
(4) offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ("spam ware");
(5) advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software;
(6) harassment of other individuals utilising the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Registrar;
(7) impersonating another user or entity or an existing company/user/service or otherwise falsifying one's identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere;
(8) using Hostvision Cloud Services services to point to or otherwise direct traffic to, directly or indirectly, any material that, in the sole opinion ofRegistrar, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Registrar, to be threatening or obscene or inappropriate;
(9) using Hostvision Cloud Services directly or indirectly for any of the below activities activities:
(1) transmitting Unsolicited Commercial e-mail (UCE);
(2) transmitting bulk e-mail;
(3) being listed, or, in our sole opinion is about to be listed, in anySpam Blacklist or DNS Blacklist;
(4) posting bulk Usenet/newsgroup articles;
(5) Denial of Service attacks of any kind;
(6) excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Registrar in its sole discretion;
(7) copyright or trademark infringement;
(8) unlawful or illegal activities of any kind;
(9) promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse);
(10) causing lossage or creating service degradation for other users whether intentional or inadvertent.
(2) Registrar in its sole discretion will determine what constitutes as violation of appropriate usage including but not limited to all of the above.
(3) Data in the Hostvision Cloud Services Database cannot be used for any purpose other than those listed below, except if explicit written permission has been obtained from Registrar:
(1) to perform services contemplated under this agreement; and
(2) to communicate with Registrar on any matter pertaining to Registrar or its services.
(4) data in the Hostvision Cloud Services Database cannot specifically be used for any purpose listed below:
(1) Mass Mailing or SPAM; and
(2) selling the data.
APPENDIX 'B' PAYMENT TERMS AND CONDITIONS
(1) Registrar will accept payment for the Order from the Customer or Resellers.
(2) Registrant can refer tohttps://www.Hostvision Cloud Services.co.uk for fee's charged by Hostvision Cloud Services for the Order. The Registrant acknowledges that the Registrar or Hostvision Cloud Services reserves the right to change the pricing without any prior notification.
(3) In the event that a payment made via Credit Card or the payment instrument sent by the Customer or Reseller bounces due to Lack ofFunds or any other Reason, then
(1) Registrar may immediately suspend Hostvision Cloud Services Users' access to the Hostvision Cloud Services
(2) Registrar has the right to terminate this agreement with immediate effect and without any notice.
(4) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders placed of the Registrant as well as stop /suspend / delete / transfer any Orders currently being processed.
(5) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION mayTransfer all Orders placed by the Registrant to another Customer, or under Registrar's account.
(6) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back /Payment Reversal in addition to actual costs of the same.
(7) Registrar shall have the right to initiate any legal proceedings against the Registrant to recover any such liabilities.
APPENDIX 'C' .COM/.NET/.ORG SPECIFIC CONDITIONS
If the Order is a .COM/.NET/.ORG domain name, the Registrant, must also agree to the following terms:
1. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
(1) full name of an authorised contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary name server and secondary name server(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
2. DOMAIN NAME DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name DisputeResolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'D' .BIZ SPECIFIC CONDITIONS
If the Order is a .BIZ domain name, the Registrant, must also agree to the following terms:
1. CONDITIONS FOR .BIZ REGISTRATIONS
(1) Registrations in the .BIZ TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .BIZ Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
(1) to exchange goods, services, or property of any kind;
(2) in the ordinary course of trade or business; or
(3) to facilitate:
(1) the exchange of goods, services, information, or property of any kind; or
(2) the ordinary course of trade or business.
(2) Registering a domain name solely for the purposes of
(1) selling, trading or leasing the domain name for compensation, or
(2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.
2. CERTIFICATION FOR .BIZ REGISTRATIONS
(1) As a .BIZ domain name Registrant, you hereby certify to the best of your knowledge that the registered domain name will be used primarily for bona fide business or commercial purposes and not exclusively for personal use or solely for the purposes of selling, trading or leasing the domain name for compensation, or the unsolicited offering to sell, trade or lease the domain name for compensation. For more informationon the .BIZ restrictions, which are incorporated herein by reference, please see:http://www.neulevel.com/countdown/registrationRest....
(2) The domain name Registrant has the authority to enter into the registration agreement.
(3) The registered domain name is reasonably related to theRegistrant's business or intended commercial purpose at the time of registration.
3. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
(1) full name of an authorised contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary name server and secondary name server(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
4. DOMAIN NAME DISPUTE POLICY
You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of thisAgreement by reference.
The Uniform Domain Name Dispute Resolution Policy, available athttp://www.icann.org/udrp/udrp.htm.
The Start-up Trademark Opposition Policy ("STOP"), available athttp://www.neulevel.com/countdown/stop.html
The Restrictions Dispute Resolution Criteria and Rules, available athttp://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name with any third party(other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual PropertyClaim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the RegistryOperator or Registrar over the registration and use of an Internetdomain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall been forced on a case-by-case, fact specific basis by an independentICANN-accredited dispute provider. None of the violations of theRestrictions will be enforced directly by or through Registry Operator.Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.
APPENDIX 'E' .INFO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .INFO domain name, the Registrant, must also agree to the following terms:
(1) Registrant agrees to submit to proceedings under ICANN's UniformDomain Name Dispute Policy (UDRP) as laid out athttp://www.icann.org/udrp/udrp.htm and comply with the requirements set forth by Affiliates for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are available at http://www.afilias.info. These policies are subject to modification.
(2) Registrant acknowledges that Affiliates, the registry operator for.INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the SunrisePeriod or the Land Rush Period, including, without limitation:
(1) the ability or inability of a registrant to obtain a RegisteredName during these periods, and
(2) the results of any dispute over a Sunrise Registration.
APPENDIX 'F' .NAME SPECIFIC CONDITIONS
If the Order is a .NAME domain name, or a .NAME Email Forward, theRegistrant, must also agree to the following terms:
1. .NAME REGISTRATION RESTRICTIONS
Domain Name and Email Forward Registrations in the .NAME TLD must constitute an individual's "Personal Name". For purposes of the .NAME restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by asinger or actor.
2. .NAME CERTIFICATIONS
As a .NAME domain name or Email Forward Registrant, you hereby certify to the best of your knowledge that the SLD is your Personal Name.
3. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes the information contained in the Whois directory, including:
(1) full name of an authorised contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary name server and secondary name server(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
You further understand that the foregoing registration data may betransferred outside of the European Community, such as to the UnitedStates, and you expressly consent to such export.
4. DISPUTE POLICY
You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference:
(1) the Eligibility Requirements (the "Eligibility Requirements"),available athttp://www.icann.org/tlds/agreements/name/registry...;
(2) the Eligibility Requirements Dispute Resolution Policy (the"ERDRP"), available athttp://www.icann.org/tlds/agreements/name/registry...;and
(3) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),available athttp://www.icann.org/tlds/agreements/name/registry...
The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the land rush procedures in connection with the opening of the Registry TLD. The following categories of Personal Name Registrations may be registered:
(1) the Personal Name of an individual;
(2) the Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name;
(3) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names.
The ERDRP applies to challenges to:
(1) registered domain names and SLD email address registrations within.NAME on the grounds that a Registrant does not meet the EligibilityRequirements, and
(2) to Defensive Registrations within .NAME.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than Global Name Registry("Registry Operator") or Registrar over the registration and use of anInternet domain name registered by a Registrant.
5. .NAME EMAIL FORWARD ADDITIONAL CONDITIONS
If the Order is a .NAME email forward, the Registrant, must also agree to the following additional terms and conditions:
(1) You acknowledge that you are responsible for all use of EmailForwarding, including the content of messages sent through EmailForwarding.
(2) You undertake to familiarise yourself with the content of and to comply with the generally accepted rules for Internet and email usage.
(3) Without prejudice to the foregoing, you undertake not to use EmailForwarding:
(1) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;
(2) to gain illegal access to systems or networks by unauthorised access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;
(3) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial ofService (DoS) attacks, wilful attempts to overload another system or other forms of harassment; or
(4) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists(mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list
(4) Users are not permitted to provide false names or in any other way to pose as somebody else when using Email Forwarding.
(5) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator's Email Forwarding.
(6) On discontinuing Email Forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.
APPENDIX 'G' .NAME DEFENSIVE REGISTRATIONS SPECIFIC CONDITIONS
If the Order is a .NAME Defensive Registration, the Registrant, must also agree to the following terms:
1. DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally registered marks to exclusively pre-register on the .NAME space and create a protective barrier for their trademarks. A "Defensive Registration" is a registration granted to a third party of a specific string on the second or third level, or of a specific set of strings on the second and third levels, which will not resolve within the domain name system but may prevent the registration of the same string(s) on the same level(s) by other third party applicants.
2. PHASES OF DEFENSIVE REGISTRATIONS
(1) As a Defensive Registration Registrant ("Defensive Registrant"),you hereby certify to the best of your knowledge that for Phase I Defensive Registrations ("Phase I Defensive Registrants"), you own valid and enforceable trademark or service mark registrations having national effect that issued prior to the date of invoice for strings that are identical to the textual or word elements, using ASCII characters only, subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD. You understand that trademark or service mark registrations from the supplemental or equivalent Registry of any country, or from individual states or provinces of a nation, will not be accepted. Subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD, if a trademark or service mark registration incorporates design elements, the ASCII character portion of that mark may qualify to be a Phase I Defensive Registration.
(2) Phase II Defensive Registrants may apply for a DefensiveRegistration for any string or combination of strings.
(3) Defensive Registrants, whether Phase I or Phase II shall comply with the following Eligibility Requirements, available athttp://www.icann.org/tlds/agreements/name/registry...,the summary of which is as follows:
(1) There are two levels of Defensive Registrations, each of which is subject to payment of a separate fee;
(2) Multiple persons or entities may obtain identical or overlappingDefensive Registrations upon payment by each of a separate registration fee;
(3) The Defensive Registrant must provide the information requested inSection 3(i) below;
(4) A Defensive Registration will not be granted if it conflicts with a then-existing Personal Name Registration or other reserved word or string.
3. PROVISION OF REGISTRATION DATAAs part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. You must provide contact information, including name, email address, postal address and telephone number, foruse in disputes relating to the Defensive Registration. You understandand agree that this contact information will be provided as part of the Whois record for the Defensive Registration. You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.
In addition to the information provided in subsection 1. above, Phase IDefensive Registrants must also provide:
(1) the name, in ASCII characters, of the trademark or service mark being registered;
(2) the date the registration issued;
(3) the country of registration; and
(4) the registration number or other comparable identifier used by the registration authority.
4. DISPUTE POLICY
If you registered a Defensive Registration, you agree that:
(1) the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy ("ERDRP");
(2) if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and
(3) if a challenge is successful, then the Defensive Registration will be subject to the procedures described in Section 2(h) of Appendix L to the agreement of Global Name Registry ("Registry Operator") with theInternet Corporation for Assigned Names and Numbers ("ICANN"),available athttp://www.icann.org/tlds/agreements/name/registry...;
(4) if a Phase I Defensive Registration is successfully challenged on the basis that it did not meet the applicable Eligibility Requirements, the Defensive Registrant will thereafter be required to demonstrate, at its expense, that it meets the Eligibility Requirements for Phase IDefensive Registrations for all other Phase I Defensive Registrations that it registered within .NAME through any Registrar. In the event that the Defensive Registrant is unable to demonstrate the foregoing and belief with respect to any such Phase I Defensive Registration(s), thoseDefensive Registration(s) will be cancelled;
(5) The ERDRP applies to, among other things, challenges to DefensiveRegistrations within .NAME and is available athttp://www.icann.org/tlds/agreements/name/registry....
5. CONSENT
Defensive Registrants may be asked to give their consent to allow individuals to share a part of their space. For example, if you have filed a Defensive Registration on PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give consent to John Pqr to register JOHN.PQR.name if he can prove that PQRis his name. In such a circumstance, you will have five (5) days to respond to a request for consent.
APPENDIX 'H' .US DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .US domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party;
(2) you have the requisite power and authority to enter into thisAgreement and to perform the obligations hereunder;
(3) you have and shall continue to have a lawful bona fide US Nexus as defined in the "usTLD Nexus Requirements;"
(4) you are of legal age to enter into this Agreement; and
(5) you agree to comply with all applicable laws, regulations and policies of the usTLD Administrator.
2. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
(1) full name of an authorised contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary name server and secondary name server(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
(6) any other data NeuStar, as the Registry, requires be submitted to it, including specifically information regarding the primary purpose for which a domain name is registered (e.g., business, education, etc.).
3. GOVERNMENT USE OF DATA
You understand and agree that the U.S. Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it maybe recorded.
4. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute policies set forth by Neustar. These policies are available at http://www.neustar.usand are hereby incorporated and made an integral part of this Agreement.
5. SUSPENSION, CANCELLATION OR TRANSFER
Your registration of the domain name shall be subject to suspension, cancellation, or transfer:
(1) pursuant to any usTLD Administrator adopted specification or policy, or pursuant to any registrar or usTLD Administrator procedure not inconsistent with a usTLD Administrator adopted specification or policy; or
(2) to correct mistakes by Registrar or the usTLD Administrator inregistering the name; or
(3) for the resolution of disputes concerning the domain name.
APPENDIX 'I' .IN DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .IN domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used, infringes the legal rights of any third party, breaks any applicable laws or regulations, including discrimination on the basis of race, language, sex or religion, is used in bad faith or for any unlawful purpose;
(2) your registered domain name is not contrary to public policy and the content of the website does not violate any Indian Laws.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute policies as decided by the .INRegistry and published at http://www.registry.in that are incorporated herein and made a part of this Agreement by reference.
APPENDIX 'J' .EU DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .EU domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party;
(2) you have the requisite power and authority to enter into thisAgreement and to perform the obligations hereunder;
(3) you are registering an .eu domain name as either:
(1) an undertaking having its registered office, central administration or principal place of business within the European Union Community; or
(2) an organisation established within the EU Community without prejudice to the application of national law; or
(3) a natural person resident within the EU Community.
(4) you are of legal age to enter into this Agreement; and
(5) you agree to comply with all applicable laws, regulations and policies of the .EU Registry. The details of the same can be obtained from http://www.eurid.eu/.
2. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
(1) the full name of the Registrant; where no name of a company or organisation is specified, the individual requesting registration of the Domain Name will be considered the Registrant; if the name of the company or the organisation is specified, then the company or organisation is considered the Registrant;
(2) address and country within the European Union Community:
(1) where the registered office, central administration or principal place of business of the undertaking of the Registrant is located; or
(2) where the organisation of the Registrant is established; or
(3) where the Registrant resides;
(3) e-mail address of the Registrant;
(4) the telephone number where the Registrant can be contacted.
3. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute policies set forth by the EU Registry. These policies are available in the EURegulation 874/2004 at http://www.eurid.eu and are hereby incorporated and made an integral part of this Agreement.
5. SUSPENSION, CANCELLATION OR TRANSFER
Your registration of the domain name shall be subject to suspension, cancellation, or transfer:
(1) pursuant to the rules set forth by the EU Registry within the EURegulation 874/2004 or any other policy listed at http://www.eurid.eu/;or
(2) to correct mistakes by Registrar or the EU Registry in registering the name; or
(3) for the resolution of disputes concerning the domain name.
APPENDIX 'K' PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.
2. IMPLEMENTATION DETAILS
(1) Registrant acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Registrar, and
(1) any mail received via post at this Address would be rejected;
(2) any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;
(3) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/to the actual Registrant, Administrative, Billing or Technical Contact email address in the Hostvision Cloud Services Database.
(2) Registrant agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, orCustomer of a privacy protected Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Registrar andService Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.
(3) Registrant understands that the Privacy Protection Service is only available for certain TLDs.
(4) Irrespective of whether Privacy Protection is enabled or not, Registrants are required to fulfil their obligations of providing true and accurate contact information as detailed in the Agreement.
(5) Registrant understands and acknowledges that Registrar in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:
(1) if Registrar receives any abuse complaint for the privacy protected domain name, or
(2) pursuant to any applicable laws, government rules or requirements,requests of law enforcement agency, or
(3) for the resolution of disputes concerning the domain name, or
(4) for any other reason that Registrar in its sole discretion deems appropriate to switch off the Privacy Protection Services.
3. INDEMNITY
Registrant agrees to release, defend, indemnify and hold harmless Registrar, Service Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney'sfees, arising out of or related in any way to the Privacy Protection services provided hereunder.
APPENDIX 'L' .UK DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .UK domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge andbelief:
(1) you are aware that registering a .UK domain name, involves you contracting with the Nominet which is the .UK Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.nominet.org.uk/.
(2) you agree to comply with all applicable laws, regulations and policies of Nominet available on their website athttp://www.nominet.org.uk/.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by Nominet. These policies are available athttp://www.nominet.org.uk/ and are hereby incorporated and made an integral part of this Agreement.
APPENDIX 'M' .TRAVEL DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .TRAVEL domain name, the Registrant, must also agree to the following terms:
1. PROVISION OF REGISTRATION DATA
Over and above the obligations already described in this Agreement, youare required to provide us the UIN (Unique Identification Number), asissued by the .TRAVEL Registry to an entity that is eligible to hold a.travel domain name.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current .TRAVEL TLD Charter EligibilityDispute Resolution Policy as well as the Uniform Domain Name DisputeResolution Policy, available at http://www.icann.org/udrp/ that are incorporated herein and made a part of this Agreement by reference.
APPENDIX 'N' .WS DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .WS domain name, the Registrant, must also agree to the following terms:
1. GOVERNMENT USE OF DATA
You understand and agree that the .WS Registry shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by You. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name DisputeResolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'O' .COOP DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .COOP domain name, the Registrant, must also agree to:
(1) the terms and conditions of the .COOP Registration Agreement with the .COOP Sponsor DCLLC (DotCoop Limited Liability Company), available at http://www.nic.coop/media/3345/111102_-_registrati...;and
(2) the Verification & Eligibility Policy available athttp://www.nic.coop/media/1571/Verificationpolicy....; and
(3) the Charter Eligibility Dispute Resolution Policy ("CEDRP") andDotCoop Domain Name Dispute Resolution Policy ("DCDRP") found athttp://www.nic.coop/dispute.asp; and
(4) the Transfer Policy found athttp://www.nic.coop/media/1509/DotCoop%20Policy%20...
all of the above included herein by reference.
Where there is a conflict, contradiction or inconsistency between the provisions of this Appendix (.COOP DOMAIN NAME SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT AGREEMENT, the provisions of this Appendix shall prevail in respect of all .COOP domain name registrations only.
In particular we draw the following to your attention:
1. ELIGIBILITY AND PRIVACY
You agree:
(1) to meet all eligibility requirements mandated by .COOP Sponsor for registration of a .COOP name, as set forth in the .COOP Charter set out inhttp://www.icann.org/tlds/agreements/coop/sponsors....
(2) in the event you are found not to be entitled to register a .COOP domain name for failure to meet .COOP Sponsor eligibility requirements, that the domain name may not be registered (and, if already registered, it will be deleted). You release the .COOP Sponsor from any and all liability stemming from deletion of any domain name. Deleted .COOP names will be returned to the pool of names available for registration.The privacy statement, located on the .COOP Sponsor's Web site athttp://www.nic.coop/media/5687/privacy_policy_-_12... and incorporated herein by reference sets forth your and the .COOPSponsor's rights and responsibilities with regard to your personal information.
2. APPLICABLE POLICIES
You agree to adhere to the .COOP policies set forth onhttp://www.nic.coop, including but not limited to the requirement that third-and-higher-level domain names within your second level domain may only be used internally by you (absent a written license from the .COOPSponsor).
3. DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in the .COOP Sponsor's dispute policy as found athttp://www.nic.coop/media/3042/.coop_dispute_polic... as it may be modified at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold your .COOP Registrar and the .COOP Sponsor harmless pursuant to the terms and conditions set forth in the .COOP Domain Name SpecificConditions. If the .COOP Registrar or Sponsor are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without prior approval. Registrar may not allow you to make changes to such domainname record until (i) Registrar is directed to do so by the judicial oradministrative body, or (ii) Registrar receives notification by you andthe other party contesting your registration and use of our domain nameregistration services that the dispute has been settled.
APPENDIX 'P' CentralNIC DOMAIN NAME SPECIFIC CONDITIONS
If the Order is either a EU.COM, GB.COM, QC.COM, KR.COM, US.COM,AE.ORG, GR.COM, BR.COM, DE.COM, GB.NET, HU.COM, JPN.COM, NO.COM,RU.COM, SA.COM, SE.COM, SE.NET, UK.COM, UK.NET, UY.COM or ZA.COM domainname, the Registrant, must also agree to the following terms:
1. GOVERNMENT USE OF DATA
You understand and agree that CentralNic shall have the right to use,disclose, reproduce, prepare derivative works, distribute copies to thepublic, and perform publicly and display publicly, in any manner andfor any purpose whatsoever and to have or permit other to do so, allData provided by Registrant. "Data" means any recorded information, andincludes without limitation, technical data and computer software,regardless of the form or the medium on which it may be recorded.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute policies setforth by CentralNic. These policies are available athttp://www.centralnic.com and are hereby incorporated and made anintegral part of this Agreement.
APPENDIX 'Q' .MOBI DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .MOBI domain name, the Registrant, must also agree tothe following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge andbelief:
(1) you are aware that registering a .MOBI domain name, involves youcontracting with mTLD which is the .MOBI Registry, and agreeing totheir Terms and Conditions of Domain Name Registration available ontheir website athttp://mtld.mobi/system/files/Registrar-Registrant....
(2) you agree to comply with all applicable laws, regulations andpolicies of mTLD available on their website at http://www.mtld.mobi/.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name DisputeResolution Policy, available at http://www.icann.org/udrp/udrp.htm thatis incorporated herein and made a part of this Agreement by reference.
APPENDIX 'R' .ASIA DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .ASIA domain name, the Registrant, must also agree tothe following terms:
1. DEFINITIONS
(1) "Charter Eligibility Declaration Contact" ("CED Contact") is acontact that is designated to make the declaration that it meets theCharter Eligibility Requirement for registering a .ASIA domain name.
(2) "Charter Eligibility Requirement" means the eligibility requirementset out in the .ASIA Charter, that the Registered Name Holder isrequired to comply with. The policy for such requirement, the "CharterEligibility Requirement Policy" is stated on DotAsia's website athttp://policies.registry.asia.
2. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge andbelief:
(1) you are aware that registering a .ASIA domain name, involves youcontracting with the .ASIA Registry, and agreeing to their Terms andConditions of Domain Name Registration available on their website athttp://policies.registry.asia.
(2) you are aware that every .ASIA domain name must specify a CEDContact, that is a legal entity or natural person in the DotAsiaCommunity. The DotAsia Community is defined based on the geographicalboundaries described by the ICANN Asia / Australia / Pacific region(http://www.icann.org/montreal/geo-regions-topic.ht...).
(3) you are aware that in the event you do not have a legal entity ornatural person in the DotAsia Community, the Registrar allows you todesignate a Registrar-assigned CED Contact, to facilitate your .asiadomain name registration.
(4) you have made known to the Charter Eligibility Declaration Contact(CED Contact), and the CED Contact has agreed, that the RegistrantContact and the CED Contact will jointly be defined as the RegisteredName Holder, and that it shall be jointly responsible for theRegistered Name in the event of a dispute or a challenge over theRegistered Name Holder's legal entitlement to or the ownership of theRegistered Name. The CED Contact shall be bound by the provisions inthe DotAsia Organisation Limited's .ASIA Charter EligibilityRequirement Policy published from time to time. Registered Name Holderacting as Registrant Contact agrees that it has obtained an agreementfrom the CED Contact that the Registrant Contact shall remain theOperating Contact for all operations of the domain, including but notlimited to domain transfer and updates.
(5) in the event of a domain name dispute both the CED Contact and theRegistrant Contact can be named as the responding party, the CEDContact however is responsible only for acknowledging the disputeproceedings and to refer the case to the Registrant Contact. TheRegistrant Contact shall remain solely responsible for all operationsand liabilities regarding the use of the domain.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the current ICANN's Uniform Domain NameDispute Resolution Policy (UDRP), available athttp://www.icann.org/dndr/udrp/policy.htm and ICANN's CharterEligibility Dispute Resolution Policy (CEDRP), available athttp://www.icann.org/udrp/cedrp-policy.html, that are incorporatedherein and made a part of this Agreement by reference.
APPENDIX 'S' .ME DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .ME domain name, the Registrant, must also agree tothe following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge andbelief:
(1) you are aware that registering a .ME domain name, involves youcontracting with the doMEn, d.o.o. Registry which is the .ME Registry,and agreeing to their Terms and Conditions of Domain Name Registrationavailable on their website at http://www.domain.me/.
(2) you agree to comply with all applicable laws, regulations andpolicies of doMEn, d.o.o. available on their website athttp://www.domain.me/.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under the Dispute Resolution ServicePolicy set forth by doMEn, d.o.o.. These policies are available athttp://www.domain.me/ and are hereby incorporated and made an integralpart of this Agreement.
APPENDIX 'T' .TEL DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .TEL domain name, the Registrant, must also agree tothe following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge andbelief:
(1) you are aware that registering a .TEL domain name, involves youcontracting with the telnic which is the .TEL Registry, and agreeing totheir Terms and Conditions of Domain Name Registration available ontheir website at http://www.telnic.org/.
(2) you are aware that registering a .TEL domain name, requires you tosubmit at least one communications contact such as a telephone number,an email address, an instant-messaging handle or a web link associatedwith you.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name DisputeResolution Policy, available at http://www.icann.org/udrp/udrp.htm thatis incorporated herein and made a part of this Agreement by reference.
APPENDIX 'U' LIST OF TLDS REGISTRAR IS authorised TO PROVIDE DOMAIN NAMEREGISTRATION AND MANAGEMENT SERVICES
.COM, .NET (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .ORG (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .BIZ (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .INFO (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .NAME and .NAME Defensive Registrations and .NAMEMail Forwards (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .US (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .IN (through Registrar Webiq Domains Solutions PvtLtd) .EU (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .UK (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .TRAVEL (through Registrar Directi InternetSolutions Pvt. Ltd. D/B/A PublicDomainRegistry.com) .WS (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .COOP (through Registrar Domains.coop Ltd.) CentralNIC (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .MOBI (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .ASIA (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .ME (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .TEL (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .MN, .BZ (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .CC, .TV (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .CN (through Registrar PDR Ltd.) .NZ (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .CO (through Registrar<#=dotco_serviceprovidername#>) .CA (through Registrar PublicDomainRegistry.com Inc) .DE (through Registrar Directi Internet SolutionsPvt. Ltd. d/b/a PublicDomainRegistry.com) .ES (through Registrar Directi Internet SolutionsPvt. Ltd. d/b/a PublicDomainRegistry.com) .AU (through Registrar Public Domain Registry PtyLtd.) .RU (through Registrar RU-Center) .XXX (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .PRO (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .SX (through Registrar PDR Ltd.) .PW (through Registrar<#=dotpw_serviceprovidername#>) .IN.NET (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .CO.DE (through Registrar PDR Ltd.) .LA (through Registrar<#=centralnicdotla_serviceprovidername#>)
APPENDIX 'V' .CN DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CN domain name, the Registrant, must also agree tothe following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge andbelief you are aware that registering a .CN domain name, involves youcontracting with the CNNIC which is the .CN Registry, and agreeing totheir Terms and Conditions of Domain Name Registration available ontheir website at http://www.cnnic.cn.
2. DOMAIN DISPUTE POLICY
If the Order is a .CN domain name, the Registrant, must also agree tobe bound by the current CNNIC Domain Name Dispute Resolution Policy,available at http://www.cnnic.cn/ that is incorporated herein and madea part of this Agreement by reference.
APPENDIX 'W' .NZ DOMAIN NAME SPECIFIC CONDITIONS
Registrar and registrant are bound by the policies, athttp://dnc.org.nz/policies, that are incorporated herein and made apart of this Agreement by reference.
In the case of any conflict between .NZ and this agreement, the .NZterms apply. If the Order is a .NZ domain name the following applies:
1. REGISTER IS THE RECORD
For all purposes the details shown in the .NZ register shall be treatedas correct and the authoritative record.
2. CANCELLATION OF A DOMAIN NAME
If we are going to cancel the registration of a domain name registeredto you as a result of you not paying our charges relating to itsrenewal, we will give you fourteen days notice before we initiateaction to cancel that domain name.
3. LAW AND JURISDICTION APPLYING TO THIS APPENDIX
To the extent legally permitted, you agree that:
(1) all services of the .NZ Registry are provided under New Zealand law.
(2) any claim or dispute arising out of or in connection with thisagreement must be instituted within 60 days from the date the relevantservice was supplied to you.
(3) except as otherwise stated, you may take action against us only ina New Zealand court.
4. CANCELLING THE AGREEMENT
We may cancel or suspend this agreement by giving you one month'snotice.
5. REGISTRAR-REGISTRAR TRANSFER
The Registrant acknowledges and agrees that during the first five daysafter initial registration of the Order the Registrant may not be ableto transfer the Order to another Registrar.
APPENDIX 'X' .CO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CO domain name, the Registrant, must also agree tothe following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge andbelief you are aware that registering a .CO domain name, involves youcontracting with the .CO Internet S.A.S which is the .CO Administrator,and agreeing to their Terms and Conditions of Domain Name Registrationavailable on their website at http://www.cointernet.co/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .CO Registry are provided under laws ofColombia.
(2) any disputes, claims or controversies arising out of theregistration, ownership, use, transfer, assignment, loss, cancellation,or suspension of any Registered Name or otherwise relating to the .COTLD between Registrant and the .CO Registry shall be governedexclusively by the laws of Colombia and that any such disputes, claimsor controversies shall be brought and heard exclusively in the courtslocated in Bogota, Colombia.
3. DOMAIN DISPUTE POLICY
If the Order is a .CO domain name, the Registrant acknowledges havingread and understood and agrees to be bound by the terms and conditionsof the Uniform Domain Name Dispute Resolution Policy adopted by ICANN,available at http://www.icann.org/en/udrp/udrp-policy-24oct99.h... (the"UDRP"), as the same may be amended from time to time and which ishereby incorporated and made an integral part of this Agreement.
APPENDIX 'Y' .CA DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CA domain name, the Registrant, must also agree tothe terms within the .CA Registrant Agreement displayed at the time ofregistering a .CA domain name and while assigning a new RegistrantContact for the domain name.
Where there is a conflict, contradiction or inconsistency between theprovisions of this Appendix (.CA DOMAIN NAME SPECIFIC CONDITIONS) andthis DOMAIN REGISTRANT AGREEMENT, the provisions of this Appendix shallprevail in respect of all .CA domain name registrations only.
APPENDIX 'Z' .DE DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .DE domain name, the Registrant, must also agree tothe following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge andbelief you are aware that registering a .DE domain name, involves youcontracting with the DENIC eG (DENIC) which is the .DE Registry, andagreeing to their Terms and Conditions of Domain Name Registrationavailable on their website at http://www.denic.de/en/domains.html.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .DE Registry are provided under laws of Germany.
(2) either the Registrant or the Administrative Contact of your .DEdomain name is domiciled in Germany and would be legally able toreceive German Court documents and/or summons.
(3) any disputes, claims or controversies arising out of theregistration, ownership, use, transfer, assignment, loss, cancellation,or suspension of any Registered Name or otherwise relating to the .DETLD between Registrant and the .DE Registry shall be governedexclusively by the laws of Germany and that any such disputes, claimsor controversies shall be brought and heard exclusively in the courtslocated in Germany.
3. DOMAIN DISPUTE POLICY
If the Order is a .DE domain name, the Registrant, must also agree tobe bound by the current DENIC Domain Name Dispute Resolution Policy,available at http://www.denic.de/en/domains.html that is incorporatedherein and made a part of this Agreement by reference.
APPENDIX 'AA' .ES DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .ES domain name, the Registrant, must also agree tothe following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge andbelief you are aware that registering a .ES domain name, involves youcontracting with the Red.es (ESNIC) which is the .ES Registry, andagreeing to their Terms and Conditions of Domain Name Registrationavailable on their website at http://www.dominios.es/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .ES Registry are provided under laws of Spain.
(2) any disputes, claims or controversies arising out of theregistration, ownership, use, transfer, assignment, loss, cancellation,or suspension of any Registered Name or otherwise relating to the .ESTLD between Registrant and the .ES Registry shall be governedexclusively by the laws of Spain and that any such disputes, claims orcontroversies shall be brought and heard exclusively in the courtslocated in Spain.
3. DOMAIN DISPUTE POLICY
If the Order is a .ES domain name, the Registrant, must also agree tobe bound by the current ESNIC Domain Name Dispute Resolution Policy,available at http://www.dominios.es/ that is incorporated herein andmade a part of this Agreement by reference.
APPENDIX 'AB' .AU DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .AU domain name, then the following terms apply:
1. REGISTRANT REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge andbelief:
(1) you are aware that auDA (.au Domain Administration Limited, ACN 079009 340) is the .AU Domain Names Administrator.
(2) you are aware that you must comply with all auDA Published Policies(listed at http://www.auda.org.au), as if they were incorporated into,and form part of, this agreement. In the event of any inconsistencybetween any auDA Published Policy and this agreement, then the auDAPublished Policy will prevail to the extent of such inconsistency.
(3) you are aware that the Registrar acts as agent for auDA for thesole purpose, but only to the extent necessary, to enable auDA toreceive the benefit of rights and covenants conferred to it under thisagreement. auDA is an intended third party beneficiary of thisagreement.
(4) all information provided to register or renew the registration ofthe domain name (including all supporting documents, if any) are true,complete and correct, and are not misleading in any way, and theapplication is made in good faith.
(5) you acknowledge that under the auDA Published Policies there aremandatory terms and conditions that apply to all domain names licences,and such terms and conditions are incorporated into, and form part of,this agreement.
(6) you meet and will continue to meet, the eligibility criteriaprescribed in auDA Published Policies(http://www.auda.org.au/policy/current-policies/) for the domain namefor the duration of the domain name.
(7) you have not previously submitted an application for the domainname with another Registrar using the same eligibility criteria, andthe other Registrar has rejected the application.
(8) you are aware that even if the domain name is accepted forregistration, the Registrant's entitlement to register the domain namemay be challenged by others who claim to have an entitlement to thedomain name.
(9) you are aware that auDA or the Registrar may cancel theregistration of the domain name if any of the warranties set out aboveis found to be untrue, incomplete, incorrect or misleading.
(10) you are aware of auDA's WHOIS policy athttp://www.auda.org.au/whois-policy/, which sets out auDA's guidelineson the collection, disclosure and use of WHOIS data.
2. LIABILITIES AND INDEMNIFICATION
(1) To the fullest extent permitted by law, auDA will not be liable toRegistrant for any direct, indirect, consequential, special, punitiveor exemplary losses or damages of any kind (including, withoutlimitation, loss of use, loss or profit, loss or corruption of data,business interruption or indirect costs) suffered by Registrant arisingfrom, as a result of, or otherwise in connection with, any act oromission whatsoever of auDA, its employees, agents or contractors.
(2) Registrant agrees to indemnify, keep indemnified and hold auDA, itsemployees, agents and contractors harmless from all and any claims orliabilities, arising from, as a result of, or otherwise in connectionwith, Registrant's registration or use of its .au domain name.
(3) Nothing in this document is intended to exclude the operation ofTrade Practices Act 1974.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the current auDRP Dispute Resolution Policy,available at http://www.auda.org.au/policy/current-policies/ that isincorporated herein and made a part of this Agreement by reference.
4. REGISTRAR SUPPORT
First level of support is available through the Registration Partner,from whom you have registered your .AU domain name. Contact details ofthis Organisation may be obtained fromhttp://publicdomainregistry.com/support/.
If this Organisation is not able to provide timely assistance to thedomain name owner, you may contact Registrar Public Domain Registry PtyLtd.'s 24x7 online Support Team athttp://resources.publicdomainregistry.com/complian....
To know more about your .AU domain name or to get in touch with the .AURegistry, refer http://www.auda.org.au/help/faq-index/.
5. REGISTRAR ADDRESS
Public Domain Registry Pty Ltd.
ACN: 141 141 988 ABN: 25 141 141 988
14, Lever Street, Albion Brisbane, Queensland 4010 Australia
6. DOMAIN CANCELLATION POLICY
If the domain name must be cancelled for any reason after the Registrarallotted Add Grace period, the domain name registrant can do so bysubmitting a written application for cancellation of the domain to theRegistrar.
To cancel the domain licence:
(1) Organisations or companies listed as the domain registrant mustsubmit their written request along with the legal letterhead of thatorganisation.
(2) Individuals or sole traders must submit their written requestalong with a copy of photo identification.
All requests must be dated, signed and may be submitted by theRegistrant via email or any other medium provisioned by the Registrar.
APPENDIX 'AC' .CC, .TV DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CC or .TV domain name, then the following termsapply:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge andbelief you are aware that registering a .CC, .TV domain name, requiresyou to agree to:
(1) grant Verisign (the .CC, .TV Registry) all necessary licenses andconsents to permit Verisign or its agent(s) to:
(1) perform in Verisign's unlimited and sole discretion Malware Scanson your .CC, .TV website.
(2) collect, store, and process data gathered as a result of suchMalware Scans.
(3) disclose the results of such Malware Scan (including all datatherefrom) to the Registrar. Such information can not be considered asconfidential or proprietary.
(4) use the results of such Malware Scan (including all data therefrom)in connection with protecting the integrity, security or stability ofthe Registry.
(2) disclaim any and all warranties, representations or covenants thatsuch Malware Scan will detect any and all Malware or that Verisign isresponsible for notifying the Registrar or the Registrant of anyMalware or cleaning any Malware from any Registrant's systems.
2. LIABILITIES AND INDEMNIFICATION
You agree to indemnify, defend and hold harmless Verisign and itsaffiliates, suppliers, vendors and subcontractors, and, if applicable,any ccTLD registry operators providing services and their respectiveemployees, directors, officers, representatives, agents and assigns("Verisign Affected Parties") from and against any and all claims,damages, liabilities, costs and expenses, including reasonable legalfees and expenses, arising out of or relating to, for any reasonwhatsoever, any Malware Scan, the failure to conduct a Malware Scan,the failure to detect any Malware, or the use of any data from MalwareScans.
APPENDIX 'AD' .XXX DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .XXX domain name, the Registrant, must also agree tothe following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge andbelief you are aware that registering a .XXX domain name, involves youcontracting with the ICM Registry LLC which is the .XXX Registry, andagreeing to their Terms and Conditions of Domain Name Registrationavailable on their website at http://www.icmregistry.com.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current ICANN's Uniform Domain NameDispute Resolution Policy available athttp://www.icann.org/udrp/udrp.htm, and ICM's Charter EligibilityDispute Resolution Policy (CEDRP) and ICM's Rapid Evaluation Service(RES) available at the Registry's website, that is incorporated hereinand made a part of this Agreement by reference.
APPENDIX 'AE' .RU DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .RU domain name, the Registrant, must also agree tothe following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge andbelief you are aware that registering a .RU domain name, involves youcontracting with Registrar RU-Center, and agreeing to their Terms andConditions of Domain Name Registration available on their website athttps://www.nic.ru/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that all services ofRegistrar RU-Center are provided under laws of the Russian Federation.
APPENDIX 'AF' .PRO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .PRO domain name, the Registrant, must also agree tothe following terms:
You are aware that registering a .PRO domain name, involves youcontracting with RegistryPro, and agreeing to their Terms andConditions of Domain Name Registration available on their website athttp://registry.pro/legal/user-terms
1. INDEMNITY
You agree to hold harmless and indemnify RegistryPro and Registrar, andeach of their subsidiaries, affiliates, officers, agents, and employeesfrom and against any third party claim arising from or in any wayrelated to your use of the Service, including any liability or expensearising from all claims, losses, damages (actual and consequential),suits, judgements, litigation costs and attorneys' fees, of every kindand nature. In such a case, Registrar will provide you with writtennotice of such claim, suit or action.
2. INCORPORATION OF .PRO RESTRICTIONS AND CHALLENGE PROCESSES
You acknowledge having read and understood and agree to be boundby the terms and conditions of the following documents, as they may beamended from time to time, which are hereby incorporated and made anintegral part of this Agreement.
(A) The Uniform Domain Name Dispute Resolution Policy, available athttp://www.icann.org/dndr/udrp/ policy.htm (B) The Qualification Challenge Policy and Rules, available athttp://www.icann.org/dndr/proqcp/policy.htm andhttp://www.icann.org/dndr/proqcp/uniform-rules.htm; (C) The .pro TLD restriction requirements, available athttp://www.registrypro.pro/qualifications.htm
You represent and warrant that, at all times during the term of domainname registration, you will meet the .pro registration requirements setforth by RegistryPro. You are required to provide prompt notice to theRegistrar if you fail to meet such registration requirements. Registrarand/or Registry Operator shall have the right to immediately andwithout notice to you, suspend, cancel or modify your registration if,at any time you fail to meet the registration requirements.
APPENDIX 'AG' .SX DOMAIN NAME SPECIFIC CONDITIONS
1. REGISTRANT REPRESENTATIONS AND WARRANTIES
1.1 You represent and certify that, to the best of your knowledge andbelief you are aware that registering a .SX domain name, involves youcontracting with the SX Registry SA which is the .SX Registry, andagreeing to their Terms and Conditions of Domain Name Registrationavailable on their website at http://www.registry.sx/registrars/legal
1.2 Domain Name Holders expressly acknowledge and accept that theRegistry shall be entitled (but not obliged) to reject an Applicationor to delete or transfer a Domain Name Registration: - that does not contain complete and accurate information as describedin these Policies, or is not in compliance with any other provision ofthese Policies; or - to protect the integrity and stability of the Shared Registry System,and/or the operation and/or management of the .SX TLD; or - in order to comply with applicable laws and regulations, and/or anydecision by a competent court or administrative authority and/or anydispute resolution service provider the Registry may hereafter retainto oversee the arbitration and mediation of disputes; and/or any otherapplicable laws, regulations, policies or decrees; or - to avoid any liability on behalf of the Registry, including theirrespective affiliates, directors, officers, employees, subcontractorsand/or agents; or - following the outcome of a Sunrise Reconsideration Proceeding.
2. INDEMNIFICATION AND LIMITATION OF LIABILITY
2.1. To the extent allowed under governing law, the Registry shall onlybe liable in cases where wilful misconduct or gross negligence isproven. In no event shall the Registry be held liable for any indirect,consequential or incidental damages or loss of profits, whethercontractual, based on tort (including negligence) or otherwise arising,resulting from or related to the submission of an Application, theregistration or use of a Domain Name or to the use of the SharedRegistry System or Registry Web Site, even if they have been advised ofthe possibility of such loss or damages, including but not limited todecisions taken by the Registry to register or not to register a DomainName on the basis of the findings of or information provided by the IPClearinghouse Operator, as well as the consequences of those decisions.
2.2. To the extent allowed under applicable law, the Registry'saggregate liability for damages shall in any case be limited to theamounts paid by the Accredited Registrar to the Registry in relation tothe Application concerned (excluding additional fees paid by theApplicant to the Accredited Registrar or reseller, auction fees and/orreconsideration fees). The Applicant agrees that no greater or otherdamages may be claimed from the Registry (such as, but not limited to,any fees payable or paid by the Applicant in the context of anyproceedings initiated against a decision by the Registry to register ornot to register a Domain Name). The Applicant further agrees to submitto a binding arbitration for disputes arising from these Policies and related to the allocation ofDomain Names.
2.3. Applicants and Domain Name Holders shall hold the Registryharmless from claims filed or disputes initiated by third parties, andshall compensate the Registry for any costs or expenses incurred ordamages for which they may be held liable as a result of third partiestaking action against it on the grounds that the Applications for orthe registration or use of the Domain Name by the Applicant infringesthe rights of a third party. Applicant agrees to indemnify, keepindemnified and hold the Registry harmless from all and any claims orliabilities, arising from, as a result of, or otherwise in connectionwith, Applicant's registration or use of its .sx domain name.
2.4. For the purposes of this Article, the term "Registry" shall alsorefer to its shareholders, directors, employees, members,subcontractors, the IP Clearinghouse Operator and their respectivedirectors, agents, employees and subcontractors.
2.5. The Registry, its directors, employees, contractors and agents(including the IP Clearinghouse Operator and the Auction Provider) arenot a party to the agreement between an Accredited Registrar and itsApplicants, its Domain Name Holders or any party acting in the nameand/or on behalf of such Applicants or Domain Name Holders.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the Uniform Domain Dispute Resolution Policy(UDRP), available at http://www.registry.sx/registrars/legal.html thatis incorporated herein and made a part of this Agreement by reference.
APPENDIX 'AH' .PW DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .PW domain name, the Registrant, must also agree tothe following terms:
1. REPRESENTATIONS AND WARRANTIES You represent and certify that, to the best of your knowledge andbelief you are aware that registering a .PW domain name, involves youcontracting with the .PW Registry, and agreeing to their Terms andConditions of Domain Name Registration available on their website athttp://www.registry.pw/. Furthermore, you represent and certify that, to the best of yourknowledge and belief you are aware of the Domain Abuse Policy for .PWRegistrants available on the website http://www.registry.pw/
2. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute policies as decided by the .PWRegistry and published at http://www.registry.pw that are incorporatedherein and made a part of this Agreement by reference.
APPENDIX 'AI' .IN.NET DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .IN.NET domain name, the Registrant, must also agreeto the following terms:
1. REPRESENTATIONS AND WARRANTIES You represent and certify that, to the best of your knowledge andbelief you are aware that registering a .IN.NET domain name, involvesyou contracting with the .IN.NET Registry, and agreeing to their Termsand Conditions of Domain Name Registration available on their websiteat http://www.domains.in.net/. Furthermore, you represent and certify that, to the best of yourknowledge and belief you are aware of the Domain Abuse Policy for.IN.NET Registrants available on the websitehttp://www.domains.in.net/anti-abuse-policy/
2. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute policies as decided by the .IN.NETRegistry and published athttp://www.domains.in.net/dispute-resolution-polic... that areincorporated herein and made a part of this Agreement by reference.
APPENDIX 'AJ' .CO.DE DOMAIN NAME SPECIFIC CONDITIONS
You represent and certify that, to the best of your knowledge andbelief you are aware that registering a .CO.DE domain name, involvesyou contracting with the DNNEXT Registry which is the .CO.DE Registry,and agreeing to their CO.DE REGISTRATION POLICY available on theirwebsite at http://dnnext.com/code/
APPENDIX 'AK' .LA DOMAIN NAME SPECIFIC CONDITIONS
1. WHOIS ACCURACY 1.1 The Registrant shall provide to the registrar accurate and reliablecontact details and promptly up date them during the term of the .LAdomain registration including: full name, name of organisation,association or corporation (if applicable) postal address, emailaddress, voice telephone number, and fax number if available; name ofauthorised person in the case of Registrant that is an Organisationassociation or corporation.
1.2 A Registrant's provision of inaccurate or unreliable information orits failure to promptly update information provided shall constitutesmaterial breach of the registration agreement and shall be a basis forcancellation of the .la registered domain name.
2 REPRESENTATIONS AND WARRANTIES You represent and certify that, to the best of your knowledge andbelief you are aware that registering a .LA domain name, involves youcontracting with the .LA Registry, and agreeing to their Terms andConditions of Domain Name Registration available on their website athttp://www.la/.
3. DOMAIN DISPUTE POLICY You agree to be bound by the dispute policies as decided by the .LARegistry and published at https://www.la/e/dispute that areincorporated herein and made a part of this Agreement by reference.
CustomerAgreement for Domain Names
CUSTOMER DOMAIN REGISTRATION PRODUCT AGREEMENT EXTENSIONHostvision Cloud Services (hereinafter referred to as "Parent") AND you(hereinafter referred to as "Customer")
HAVE
entered into a Customer Master Agreement ("Agreement") effective fromthe date of invoice of which this "Domain Registration ProductAgreementExtension" is a part.
WHEREAS, Parent is authorised to provide Internet registration andmanagement services for domain names, for the list of TLDs mentionedwithin APPENDIX 'B';
WHEREAS, the Customer wishes to purchase Registration and/or Managementand/or Renewal and/or Transfer for the list of TLDs mentioned withinAPPENDIX 'B' through Parent;
NOW, THEREFORE, for and in consideration of the mutual promises,benefits and covenants contained herein and for other good and valuableconsideration, the receipt, adequacy and sufficiency of which arehereby acknowledged, Parent and the Customer, intending to be legallybound, hereby agree as follows: 1. DEFINITIONS
(1) "TLD" refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN,.EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC, .MOBI, .ASIA, .ME, .TEL,.MN, .BZ, .CC, .TV, .CN, .NZ, .CO, .CA, .DE, .ES, .AU, .XXX , .RU,.PRO, .SX, .PW, .IN.NET, .CO.DE and .LA
(2) "gTLD" refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .TRAVEL,.COOP, .MOBI, .ASIA, .TEL, .XXX AND .PRO
(3) "Domain Order" refers to an Order fulfilled by the Customer throughthe Parent under this Domain Registration Product Agreement Extension.
(4) "Registrant" refers to the registrant/owner of a Domain Order as inthe Hostvision Cloud Services Database.
(5) "Registrar" refers to the Registrar of a Domain Order as in theOrderBox Database and/or shown in the Whois Record.
(6) Registry Operator refers to the Organisation/Entity that maintainsthe registry of a TLD of a Domain Order.
(7) "Whois Record" refers to the collection of all data elements of theDomain Order, specifically its Registrant Contact Information,Administrative Contact Information, Technical Contact Information,Billing Contact Information, Nameservers if any, its Creation andExpiry dates, its Registrar and its current Status in the Registry. 2. OBLIGATIONS OF THE CUSTOMER
(1) The Customer must ensure that the Registrant of each Domain Ordermust agree to be bound by the terms and conditions laid out by theRegistrar of the Domain Name during the term of the Domain Order. TheCustomer must familiarise himself with such terms. The Customeracknowledges that the Registrar has various rights and powers asmentioned in the Registrar's terms and conditions. Parent is not liablefor any action taken by Registrar pursuant to the Registrar's terms andconditions. The Customer acknowledges and agrees that the Customershall indemnify Parent of, and shall be responsible for any liabilityresulting from Registrants' noncompliance with such terms andconditions.
(2) The Customer will not make any changes to any informationassociated with the Domain Order without explicit authorisation fromthe Registrant of that Domain Order.
(3) The Customer must comply with all applicable terms and conditions,standards, policies, procedures, and practices laid down by ICANN, theRegistrar and the Registry Operator. 3. RIGHTS OF PARENT
Parent and Service Providers, in their sole discretion, expresslyreserve the right to freeze, delete, suspend, deny, cancel, modify,take ownership of or transfer any Domain Order, in order to comply withany applicable Dispute policies, requests of law enforcement, or incompliance with any Court Orders, or if Parent or Service Providers intheir sole discretion determine that the information associated withthe Domain Order is inaccurate, or has been tampered with, or has beenmodified without authorisation, or if Parent or Service Providers intheir sole discretion determine that the Domain Order ownership shouldbelong to another entity, or if Customer/Customer/Registrant does notcomply with any applicable terms and conditions, standards, policies,procedures, and practices laid down by Parent, Service Providers,ICANN, the Registrar and the Registry Operator. The Customer agreesthat Parent and Service Providers, and the contractors, employees,directors, officers, representatives, agents and affiliates, of Parentand Service Providers, are not liable for loss or damages that mayresult from any of the above. 4. SURVIVAL
In the event of termination of this Product Agreement Extension for anyreason, Sections 2 and 3 shall survive. APPENDIX 'A' PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS 1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides the contact details of the actualowner from appearing in the Whois Lookup Result of his domain name. 2. IMPLEMENTATION DETAILS
(1) Customer acknowledges and agrees that the contact information beingdisplayed in the Whois of a privacy protected Domain Order will bethose designated by the Parent, and
(1) any mail received via post at this Address would be rejected;
(2) any telephone call received at this Telephone Number, would begreeted with an electronic answering machine requesting the caller toemail the email address listed in the Whois of this privacy protecteddomain name;
(3) the sender of any email to an email address listed in the Whois ofthis privacy protected domain name, will get an automated responseemail asking them to visit the URL http://www.privacyprotect.org/ tocontact the Registrant, Administrative, Billing or Technical Contact ofa privacy protected domain name through an online form. This messagewould be relayed as an email message via http://www.privacyprotect.org/to the actual Registrant, Administrative, Billing or Technical Contactemail address in the OrderBox Database.
(2) Customer agrees that we can not guarantee delivery of messages toeither the Registrant, Administrative, Billing, Technical Contact, of aprivacy protected Domain Order, and that such message may not bedelivered in time or at all, for any reason whatsoever. Parent andService Providers disclaim any and all liability associated withnon-delivery of any messages relating to the Domain Order and thisservice.
(3) Customer understands that the Privacy Protection Service is onlyavailable for certain TLDs.
(4) Irrespective of whether Privacy Protection is enabled or not,Customers and Registrants are required to fulfil their obligations ofproviding true and accurate contact information as detailed in theAgreement.
(5) Customer understands and acknowledges that Parent in its sole,unfettered discretion, can discontinue providing Privacy ProtectionServices on the Order for any purpose, including but not limited to:
(1) if Parent receives any abuse complaint for the privacy protecteddomain name, or
(2) pursuant to any applicable laws, government rules or requirements,requests of law enforcement agency, or
(3) for the resolution of disputes concerning the domain name, or
(4) any other reason that Parent in its sole discretion deemsappropriate to switch off the Privacy Protection Services. 3. OBLIGATIONS OF CUSTOMER
Customer must ensure that the Registrant of each Domain Order must alsoacknowledge and agree to be bound by the following terms andconditions. The Customer acknowledges and agrees that the Customershall indemnify Parent of, and shall be responsible for any liabilityresulting from Customer's nondisclosure of these terms to Registrant ofDomain Order. 4. INDEMNITY
Customer and Registrant agree to release, defend, indemnify and holdharmless Parent, Service Providers, PrivacyProtect.org, and theirparent companies, subsidiaries, affiliates, shareholders, agents,directors, officers and employees, from and against any and all claims,demands, liabilities, losses, damages or costs, including reasonableattorney's fees, arising out of or related in any way to the PrivacyProtection services provided hereunder. APPENDIX 'B' LIST OF TLDS PARENT IS authorised TO PROVIDE DOMAIN NAME REGISTRATIONAND MANAGEMENT SERVICES
.COM, .NET (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .ORG (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .BIZ (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .INFO (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .NAME and .NAME Defensive Registrations and .NAMEMail Forwards (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .US (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .IN (through Registrar Webiq Domains Solutions PvtLtd) .EU (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .UK (through Registrar Nominet) .TRAVEL (through Registrar Directi InternetSolutions Pvt. Ltd. D/B/A PublicDomainRegistry.com) .WS (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .COOP (through Registrar Domains.coop Ltd.) CentralNIC (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .MOBI (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .ASIA (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .ME (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .TEL (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .MN, .BZ (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .CC, .TV (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .CN (through Registrar PDR Ltd.) .NZ (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .CO (through Registrar<#=dotco_serviceprovidername#>) .CA (through Registrar PublicDomainRegistry.com Inc) .DE (through Registrar Directi Internet SolutionsPvt. Ltd. d/b/a PublicDomainRegistry.com) .ES (through Registrar Directi Internet SolutionsPvt. Ltd. d/b/a PublicDomainRegistry.com) .AU (through Registrar Public Domain Registry PtyLtd.) .RU (through Registrar RU-Center) .XXX (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .PRO (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .SX (through Registrar PDR Ltd.) .PW (through Registrar<#=dotpw_serviceprovidername#>) .IN.NET (through Registrar PDR Ltd. d/b/aPublicDomainRegistry.com) .CO.DE (through Registrar PDR Ltd.) .LA (through Registrar<#=centralnicdotla_serviceprovidername#>)
APPENDIX 'C' VERISIGN MOBILEVIEW SERVICE SPECIFIC CONDITIONS 1. DESCRIPTION OF SERVICES
The Verisign MobileView Service creates a mobile-friendly version foryour .COM and .NET website. 2. IMPLEMENTATION DETAILS
Registrant agrees that Verisign may store the following data elementsabout any MobileView-enabled domain name:
(1) General Details (Company Name, Description and Company Logo);
(2) Contacts (Phone, Email and Address);
(3) Social (Facebook and Twitter URL);
(4) Products (Product Name, Description, Price and Image);
(5) Business Hours (Title and Hours of Operation);
(6) Coupons (Name, Description, Disclaimer, Image, Start and End Date).
(7) Usage information:
(1) Number of hits for any given domain name;
(2) User agent (where the request is coming from);
(3) Crawling website to collect website information. 3. DATA USAGE
Registrant agrees and acknowledges the following terms of data usage byVerisign:
(1) The data will be used to display to the end users and not used forany other internal purposes. This data is all publicly available on theinternet and/or customer website.
(2) Customer information is used to create and maintain accounts aswell as contacting Customers in case of any problems with accounts,provide technical support, conduct surveys and other similar activities.
(3) Verisign may use data for statistical analysis purpose tounderstand the Verisign Movile View adoption rate, trend by TLD's etc.in order to make improvements to our services.
(4) Verisign may also use data collected under the IMPLEMENTATIONDETAILS, in accordance with the terms of their privacy policy as setforth at http://www.verisigninc.com/en_US/privacy/index.xht.... 4. DATA RETENTION
Registrant acknowledges that Verisign may retain some data that hasbeen anonymised under the IMPLEMENTATION DETAILS, as well as retainstatistical information derived from aggregated data, even after theMobileView Service has been cancelled. 5. DATA TRANSFER
Registrant acknowledges that Verisign may transfer data collected underthe IMPLEMENTATION DETAILS across International boundaries.
Customer Agreement for Web Services
CUSTOMER WEB SERVICES PRODUCT AGREEMENT EXTENSIONHostvision Cloud Services (hereinafter referred to as "Parent") AND you (hereinafterreferred to as "Customer")
HAVE
entered into a Customer Master Agreement ("Agreement") effective fromthe date of invoice of which this "Web Services Product AgreementExtension" is a part.
WHEREAS, Parent provides Domain Forwarding, Mail Forwarding, ManagedDNS;
WHEREAS, the Customer wishes to activate through Parent, DomainForwarding or Mail Forwarding or Managed DNS Services;
NOW, THEREFORE, for and in consideration of the mutual promises,benefits and covenants contained herein and for other good and valuableconsideration, the receipt, adequacy and sufficiency of which arehereby acknowledged, Parent and the Customer, intending to be legallybound, hereby agree as follows:
1. Customer Election. Customer hereby elects to activate DomainForwarding or Mail Forwarding or Managed DNS through Parent.
2. Parent's Acceptance. Parent hereby accepts Customer's election toactivate Domain Forwarding or Mail Forwarding or Managed DNS throughParent.
Customer Agreement forDigital Certificates
CUSTOMER DIGITAL CERTIFICATE PRODUCT AGREEMENT EXTENSIONHostvision Cloud Services (hereinafter referred to as "Parent") AND you (hereinafterreferred to as "Customer")
HAVE
entered into a Customer Master Agreement ("Agreement") effective fromthe date of invoice of which this "Digital Certificate ProductAgreement Extension" is a part.
WHEREAS, Parent sells digital certificates of Thawte;
NOW, THEREFORE, Parent and the Customer, hereby agree as follows:
1. Customer Election. Customer hereby elects to purchase Thawte digitalcertificates through Parent
2. Parent's Acceptance. Parent hereby accepts Customer's election topurchase Thawte digital certificates through Parent.
Customer HostingProduct Agreement
>CUSTOMER HOSTING PRODUCT AGREEMENT EXTENSIONHostvision Cloud Services (hereinafter referred to as "Parent") AND you (hereinafterreferred to as "Customer")
HAVE
entered into a Customer Master Agreement effective from the date ofinvoice of which this "Customer Hosting Product Agreement Extension" isa part.
WHEREAS Parent provides Web, Virtual Private Server (VPS) and EmailHosting Services;
WHEREAS the Customer wishes to place an Order for Web, VPS and/or EmailHosting Services ("Hosting Order") through the Parent;
NOW, THEREFORE, for and in consideration of the mutual promises,benefits and covenants contained herein and for other good and valuableconsideration, the receipt, adequacy and sufficiency of which arehereby acknowledged, Parent and the Customer, intending to be legallybound, hereby agree as follows:
1. Rights of Parent While certain attributes of the Hosting Order may consist of unlimitedresources, Customer recognises that the Hosting Order is a sharedhosting service, and that the Parent has the right in its solediscretion to apply any hard limits on any specific attribute orresource on the Hosting Order at any given time without notice in orderto prevent degradation of its services, or incase of any breach orviolation or threatened breach or violation of this Agreement, orincase Parent learns of a possibility of breach or violation of thisAgreement which Parent in its sole discretion determines to beappropriate, or to protect the integrity and stability of the ParentProducts and the Hostvision Cloud Services, or to avoid any liability, civil orcriminal, on the part of Parent and/or Service Providers, or for anyother appropriate reason. The Customer agrees that Parent and ServiceProviders, and the contractors, employees, directors, officers,representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from anyof the above.
2. Terms of Usage Customer, or its contractors, employees, directors, officers,representatives, agents and affiliates and Hostvision Cloud Services Users, eitherdirectly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below -
A. General Terms
(1) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites,IRC Scripts/Bots, Proxy Scripts/Anonymisers, Pirated Software/Warez,Image Hosting Scripts (similar to Photobucket or Tinypic),AutoSurf/PTC/PTS/PPC sites, IP Scanners, BruteforcePrograms/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Adservices (commercial banner ad rotation), File Dump/Mirror Scripts(similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs(HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange,Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s),Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs,Hateful/Racist/Harassment oriented sites, Hacker focusedsites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegalcontent, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org &escrow-fraud.com), Mailer Pro.
(2) Shared hosting space shall only be used for: (i) web files; (ii) active email; and (iii) content of User Websites.
However, Shared hosting space may not be used for any activity not listed above, including but not limited to: (i) storage of media, emails, or other data as determined by the service providers; or (ii) offsite storage of electronic files, email or FTP hosts; (iii) gaming server; or (iv) to store over 100,000 files; or (v) run MySQL queries longer than 15 seconds; or (vi) use more than 50% of your website’s disk space for storing emails. Notwithstanding the above, your email storage cannot exceed 10 GB of disk space used by your Hosting order, even if it is within the aforesaid 50% of your website’s disk space. or (vii) use more than 5 GB or lesser based on the offering per database. We expressly reserve the right to review every shared account for excessive usage of CPU, disk space and other resources which might affect the stability, performance and uptime of our servers, storage and network that may be caused by your violation of this Agreement or the Acceptable Use Policy or otherwise. If you are in violation of the above, we may, in our sole discretion require you to upgrade your package, or move to a VPS or Dedicated server (depending on which package would meet your needs) or terminate access to the Services or remove or delete User Content for those accounts that are found to be in violation of this Agreement and other policies. Please note, Dedicated and VPS usage will be limited by the resources allocated to the specific plan that you purchase.
Bandwidth usage is unmetered on shared and cloud hosting services. Additionally, specific limits on the services have been mentioned on the product that you purchase, which include but are not limited to Shared hosting, Cloud hosting, WordPress hosting, VPS, Dedicated and Email hosting. If we encounter any website/package/order/customer consuming more than 25% of the system resources for more than 90 seconds which might affect the stability, performance, and uptime of our servers, storage and network, we may require to you upgrade your package, or move to a VPS or Dedicated server, or we may take action to restrict the bandwidth or other resources applicable for your website/package/order/account.Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
(3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
(4) Run any type of web spiders or indexers.
(5) Run any software that interfaces with an IRC (Internet Relay Chat) network.
(6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
(7) Participate in any P2P or file-sharing networks.
(8) Use excessive resources which in the Parent's sole discretion result in damage or degradation to the performance, usage, or experience of Hostvision Cloud Services, other users, other orders, and any of Parent's services.
(9) Use the email service for sending or receiving unsolicited emails.
(10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mailsending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
(11) Sending mails to invalid recipient email addresses. On receipt oftoo many bounce back messages due to invalid recipient email addresses,the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
(12) Sending mails from an email address that is not valid and whichresults in triple bounces would result in suspension of the usersending such mails. Frequent violation would lead to permanent suspension of the domain name.
(13) Send emails with malicious content. Such emails could be emanatingfrom user(s) whose machine(s) are infected with a virus or malware andsuch activity could be happening without the user(s) knowledge oruser(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
(14) Run cron entries with intervals of less than 15 minutes.
(15) Engage in any activities related to purchase, sale or mining of currencies such as Bitcoin.
B. Web, Email Hosting Specific terms
(1) As a backup/storage device.
(2) Run any gaming servers.
(3) Store over 100,000 files.
(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
(5) Run any MySQL queries longer than 15 seconds.
(6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certainrelevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names inyour Multi-Domain Hosting Order will not be enough to substantiate ownership.
(7) Store a large number of media files (audio, video, etc.), whereinthe limit is at Parent's sole discretion.
(8) Send over 100 messages per hour per user and/or 300 messages perhour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
(9) Purchase/use a Dedicated IP Address without installing an SSLCertificate.
(10) Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder powered by Jigsy.com.
(11) Occupy more than 50% of the total disk space used for storingemails on the server.
(12) Use a WHMCS license issued by the Parent with any product/service other than the one for which it was issued.
(13) Store more than two website backup files.
Invoices,Payment Schedules and Fines
Invoices are created BEFORE a scheduled due date on any account, thenumber of days between the invoice being issued and the due date for payment depends upon the payment terms as follows:
Monthly Payments = 7 Days prior Quarterly Payments = 14 Days prior Semi-Annual / Annual Payments = 21 Days prior Domain Names = 60 Days prior Anything else = 31 Days prior
Invoices are sent via email and are also available to view via the Customer Portal. Following the initial invoice a payment due reminder will be sent 7 days prior to the due date.
Should an invoice become overdue subsequent payment reminders willbe issued on the 1st, 5th and 14th day after the original due date. Please be aware that on the 7th day of an invoice being overdue the account (or service) will be suspended. This can involve the temporary removal of webpages, email services and access to our systems.
A re-activation fee of 10% total invoice amount (or £5, whichever is greater) will be applied after 14 days of an invoice being overdue, to cover the additional resources required to reactivate the account and chase debts.
Data Sizes
Just for confirmation we adhere to standard digital file sizes:
1,024 Byte = 1 Kilobyte (KB)
1,024 Kilobyte (KB) = 1 Megabyte (MB)
1,073,741,824 Bytes = 1 Gigabyte (GB)
1 Gigabyte (GB) = 1,024 Megabyte (MB)
Affiliates:
We invite you to become an affiliate. The rate is set at 10% per order and we reserve the right to change or cancel this rate as we deem suitable. You can keep a track of all earnings online and contact us when you wish to make a withdrawal... We will also allow you to use your affiliate savings towards future hosting as part or full payment - no worries!
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