The service that is a subject to the following agreement is distributed by COLOUR HOSTING and provided by Colour Technologies Limited, registered in Gibraltar, Registration No.: 114369.
YOU (the Client) should be aware that by signing up for an account with COLOUR HOSTING, YOU absolutely agree to position data on our servers, thus making it accessible to the wide public. Hence the Client accepts that it is beyond the power of COLOUR HOSTING to restrict such access and guarantee the security of your files. YOU are completely in charge of protecting your data on COLOUR HOSTING servers, which suggests that you would consider carefully any piece of information before uploading it to your hosting account on COLOUR HOSTING servers. Please avoid publishing personal data that could be easily obtained by the wide public and consequently abused online.
By completing the order form and purchasing a product you agree and understand that this represents your electronic signature of this document.
COLOUR HOSTING SERVICES:
COLOUR HOSTING shall provide its Services to YOU [the Client] under these Terms of Services [Agreement]. The Agreement is intended to keep the integrity of both COLOUR HOSTING and the Client and to protect both parties from liability. This Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.By completing the Order Form and any other documents or agreements additionally specified in this Agreement, the Agreement constitutes the whole act of convention between COLOUR HOSTING and the Client, thus being the most significant document of the established relationship. In case a court of competent jurisdiction considers that any of the Agreement\’s provisions are invalid, unenforceable, or void, the remaining provisions will completely reserve their validity.
The Client\’s side of the Agreement could be presented by: – an individual with personal demands being over 18 years of age; – a legal entity such as a corporation, a limited liability company etc. that is consistent with state\’s law system. Moreover, if a person represents the Client for some reason, he/she should be legally authorized to act on his/her behalf, thus accepting, executing and delivering the Agreement.
YOU understand and agree that the Service is provided on “AS IS” basis and that COLOUR HOSTING assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Client communication or personalization settings.
- Bandwidth – Each hosting plan includes prepaid and fixed bandwidth.
- Domains Hosted – COLOUR HOSTING hosting plans include domain hosting. Each hosting plan has a limit of the number of domains that can be hosted. For more information about the different plans refer to our web site.
- Disk Space – Each hosting plan includes prepaid and fixed disk space.
- IP Address/es – COLOUR HOSTING hosting accounts do not initially include private IP addresses. In case YOU want to buy a shared hosting plan, a shared IP address will be available for your hosting account upon purchase. Please, contact the Sales Department for more details.
- MySQL/PostgreSQL Database/s – All hosting plans include database/s
- MySQL/PostgreSQL Database/s Quota – The allocated MySQL/PostgreSQ quota per database depends on the hosting plan. Please observe the plan comparison page on our web site for more details or contact pur Sales Department.
- COLOUR HOSTING guarantees 99.9% network uptime. This, however, does not refer to problems arising from:
- Server Hardware Breakdown.
- User error(s) or purposeful interruption(s) of the hosting service.
- Failures due to software that is not explicitly supported by COLOUR HOSTING. Consequently, if a hardware crash provoked by a customer happens, COLOUR HOSTING is beyond the control and responsibility for the resulting downtime.
Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
ACCOUNT USAGE & HOSTED CONTENT
Your account content MUST comply with the parameters stated in this Agreement. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a COLOUR HOSTING representative regarding any inquiries over this matter.
- If any of COLOUR HOSTING Services are used for the illegal purpose of SPAM, then those services will be immediatelly terminated. If unauthorized access is spotted, COLOUR HOSTING reserves the right to ban without notice the use of any COLOUR HOSTING hardware or software hosted on a COLOUR HOSTING server for trying to illegally access another hosted machine or network.You absolutely agree and understand that by breaking this paragraph and generally this agreement your account will be closed without notice and no refund will be issued. A chargeback of the amount will be prosecuted legally by COLOUR HOSTING legal advisers to the final extend of the law.
- Inactivity period
- In 3 months time after account expiration each 7 days you will receive weekly notifications. Unless you contact us during this period, your account will be deleted.
- If your account has been blocked due to violation of the terms of service, abuse, spam or any malicious purposes then it will be deleted in 15 days without any notice.
PAYMENT AND CHARGEBACKS
- All customers should abide by the following verification procedure.
- Services are distibuted by COLOUR HOSTING and provided by Colour Technologies Limited. By sining up for these services you agree that you will be charged the respective amount for these services by the respective merchant provider under vendor name Colour Technologies Limited. When signing up for a web hosting service with COLOUR HOSTING, customers agree to all specified Terms in this document. Thus, COLOUR HOSTING will utilize this document as an evidence for the customer’s agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.
- COLOUR HOSTING will charge customers with fees based on the fee structure at the time of the sign-up process. COLOUR HOSTING reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list may differ from the pricing and features of the customer’s account.
- We always aim to keep web hosting, VPS,dedicated servers, domain and SSL services without interruption. Therefore,allorders are considered to be automatically recurring and shall be billed on a recurring basis until the Customer requests cancellation of service prior to the next payment made or the next renewal date, whichever comes first, by submitting a valid cancellation request. For security purposes, cancellation requests must originate from within the customer’s account, or sent to us from an email address which is already on file in our records for the owner of the hosting account. Telephone requests and Contact Form requests for cancellation cannot be accepted, due to the impossibility of authenticating such requests. Customer shall be responsible for payment in full of all recurring services invoices generated through such time as the hosting account is terminated via a valid cancellation request.For annual recurring charges the Customer will be contacted via support ticket 1 (one) month before the payment due date for the service renewal confirmation. In case of no reply from the Customer, the service will be automatically cancelled on the payment due date.Domains and SSL renewals are non-refundable as provided by third party company and their irreversible order policy.
Chargebacks are not accepted as a way of refunding. Any client who wants to claim a refund must contact the billing department through the customer dashboard.
MONEY BACK GUARANTEE
- COLOUR HOSTING offers a 14days money back guarantee. If you are not satisfied with our hosting or VPS service within the time frame of 14 days after you purchased the account, you need to contact our Sales Department and you will receive a full refund for your hosting or VPS plan.Any domain registrations/transfers (free within a web hosting plan) are final and do not include any money back guarantee and will be a subject to the regular domain price per year.
WARRANTIES AND REPRESENTATIONS
- COLOUR HOSTING provides hosting services on an “as is” and “as available” basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers\’ hosting with COLOUR HOSTING confronts with service interruption issues.
NO UNLAWFUL OR PROHIBITED USE
- As a condition of your use of the COLOUR HOSTING Services, you will not use the COLOUR HOSTING Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any COLOUR HOSTING Services, other accounts, computer systems or networks connected to any COLOUR HOSTING Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the COLOUR HOSTING Services.COLOUR HOSTING, in its sole discretion, reserves the right to disclose at any time any piece of information that COLOUR HOSTING deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove, in whole or in part, any piece of information or material.
- Any dealings with third parties (as well as advertisers) included within the COLOUR HOSTING Services or participating in promotions, delivery and payment of goods and services, and any other terms, conditions, warranties and representations associated with such dealings or promotions, are solely between you and the advertiser or the other third party. COLOUR HOSTING cannot be held responsible or liable for any part of such dealings and promotions.
- YOU agree that COLOUR HOSTING, in its sole discretion, may terminate your password, account (or any part thereof) as well as the use of the Service, and remove and discard any Content within the Service.
- YOU are solely responsible for the content of your web pages, messages or data you or your sites\’s users upload on COLOUR HOSTING servers. Using the COLOUR HOSTING Services in connection to surveys, contests, pyramid schemes [HYIP], chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.In consideration of your use of the Service, YOU agree to:Provide true, accurate, current and complete information about yourself as prompted by the Service`s registration form
- Maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or COLOUR HOSTING has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, COLOUR HOSTING has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- YOU will receive a password and account designation upon completing the Service registration process. YOU are responsible for maintaining the confidentiality of your account details, and YOU are fully responsible for all activities that are assiciated with your account. YOU agree to:
– immediately notify COLOUR HOSTING of any unauthorized use of your password, account and/or any other breach of security;
– ensure that you exit from your account at the end of each session;
– refrain posting, disclosing, providing, selling or offering to sell your account details provided by COLOUR HOSTING to any third parties;
COLOUR HOSTING cannot and will not be held liable for any loss or damage arising from your failure to comply with this.
- Any Customer in violation of our system or network security and/or enormously overloading/over flooding the servers\’ utilization is subject to criminal and civil liability, as well as an immediate account termination. Examples include, but are not limited to, the following: – Unauthorized access, use, probe, rootkit or scan of a systems security or authentication measures, data or traffic; – Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks; – Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting;
- The Customer agrees not to publish on or over his/her account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
- COLOUR HOSTING does NOT allow sites that provide any content, points of distribution, or ‘links’ to sites that:- Infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;
– Violate any law, statute, ordinance or regulation;- Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;- Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party`s computer or property;
– Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3)
– all fall under this jurisdiction. This includes also Torrent sites or links to Torrent sites;- Sites related or directly providing escort services;- Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
- Use of phishing or mimic sites are strictly prohibited on COLOUR HOSTING, any user’s account suspected in such activity will be terminated WITHOUT refund and legal actions will be started to the final extend of the law.
- YOU acknowledge and agree that COLOUR HOSTING might change this Terms of Services without notice and you are solely responsible to check for such changes, follow up and comply with them.
IN CONCLUSION ANY CLIENT NOT OBSERVING THE AFORE MENTIONED RULES IS A SUBJECT TO AN IMMEDIATE ACCOUNT TERMINATION WITHOUT REFUND!
CUSTOMER WEBSITE; CUSTOMER WARRANTIES/GUARANTIES
When buying a hosting plan with COLOUR HOSTING, customers agree to be fully responsible for the deployment, development, operation and maintenance of their web site, online store and/or e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:
– the accuracy and relevance of the Customer’s content and material showcased in his/her store or on his/her products;
– certainty that the Customer’s content and materials appearing in his/her store or on his/her products do not violate or infringe upon the rights of any person;
– certainty that the Customer’s content and materials appearing in his/her store or on his/her products are not calumnious or somehow illegal. The Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. The Customer is the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site/s and online store/s.
- The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site/s or online store/s.
- Each Customer guarantees to COLOUR HOSTING that he/she owns or possesses the right to use the Customer Content and the corresponding material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to COLOUR HOSTING that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
– infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
– break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.
Each Customer empowers COLOUR HOSTING to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. COLOUR HOSTING is granted the right to assess the extent these operations need to be done.
- Any indecent abusive or insulting treatment towards a COLOUR HOSTING employee will be considered inappropriate. Each Customer is anticipated to behave in a well-mannered way with COLOUR HOSTING employees regarding any requests for help through e-mail, phone, etc. Each Customer should avoid applying any forms of written emotional outburst. Any attempts of uncontrolled behavior will be interpreted as a breach of this Agreement.
Other acts of treatment towards COLOUR HOSTING employees that will be considered as unacceptable include verbal, oral, written or delivered by a second party threats that are addressed to COLOUR HOSTING or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this Agreement. COLOUR HOSTING reserves the right to restrict or completly stop access to clients\’ accounts and even to once and for all stop clien\’t hosting account without issuing a refund if any of the aforementioned rules are violated and if further communication is not possible due to continued bad mannered client behaviour!
SPAMMING IS PROHIBITED
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without notice. We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:- Advertising of your COLOUR HOSTING hosted site using Unsolicited Email (spam). This is strictly prohibited and your account will be removed immediately if it is involved in any type of spam activity;- The bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients;- The sending of junk mail;- The use of distribution lists that include people who have not given specific permission to be included in such distribution process;- Posting commercial ads to USENET newsgroups that do not permit them;- Posting articles containing binary encoded data to a non-binary newsgroups;- Excessive and repeated posting of off-topic messages to newsgroups;- Excessive and repeated cross-posting;- Excessive email sending/receiving over 50 emails per 2 minutes or over 150 emails per hour and not more than 1000 emails a day;- E-mail harassment of another Internet Customer/s, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;- The e-mailing of age- inappropriate communications or content to anyone under the age of 18;COLOUR HOSTING reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
– Advertising of your COLOUR HOSTING hosted site using Unsolicited Email (spam). This is strictly prohibited and your account will be removed immediately if it is involved in any type of spam activity;
– The bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients;
– The sending of junk mail;
– The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
– Posting commercial ads to USENET newsgroups that do not permit them;
– Posting articles containing binary encoded data to a non-binary newsgroups;
– Excessive and repeated posting of off-topic messages to newsgroups;
– Excessive and repeated cross-posting;
– Excessive email sending/receiving over 50 emails per 2 minutes or over 150 emails per hour and not more than 1000 emails a day;
– E-mail harassment of another Internet Customer/s, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;
– The e-mailing of age- inappropriate communications or content to anyone under the age of 18;
COLOUR HOSTING reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
ACCOUNT HDD RESOURCES USAGE
- Each and every COLOUR HOSTING Customer agrees not to allocate more than 4999MB of its hosting account space to image and multimedia (.gif, .png, .avi, .mpg, .jpg, .mp3, .m4v, .3gp) files. Each and every COLOUR HOSTING Customer agrees not to allocate more than 4999MB of its hosting account space to archive (.rar, .zip, .tar, .gzip, .iso, .nrg, .cue, .ccd, .img, .sub, .cue) files. Each and every COLOUR HOSTING Customer agrees not to allocate more than 4999MB of its hosting account space to DB dump backup (.sql, .pgsql, .mssql, .mysql) files. Each and every COLOUR HOSTING Customer agrees not to allocate more than 4999MB of its hosting account space to .exe, .pdf, .psd, .ppt files. Each and every COLOUR HOSTING Customer agrees not to allocate more than 4999MB of its hosting account space to any identical file types. Each and every COLOUR HOSTING Customer agrees not to allocate more than 3000MB of its hosting account space for storage of emails.
ACCOUNT DB RESOURCES USAGE
- COLOUR HOSTING provides its Customers shared hosting service with the ability to use MySQL and PostgreSQL database engines. The very nature of the service requires that database server resources be shared. The amount of available databases depends on the package that the Customer has signed up for. The database engines described above should be used by the Customer in a manner that the overall server performance is not affected and no downtime is caused due to overusage.Every web hosting account can use up to 50 000 connections (per single database) per hour and also up to 30 concurrent connections towards a single database.In case that a database is detected to use more than the 20% of the shared CPU due to database usage, COLOUR HOSTING reserves the right to suspend the account associated with the database without any prior warning.
ACCOUNT CPU/RAM RESOURCES USAGE
- COLOUR HOSTING provides its Customers with the ability to use CPU and RAM on shared principle. The resources described above should be used by the Customer in a manner that the overall server performance is not affected and no downtime is caused due to overusage. In case that a process is detected to use more than the 20% of the shared CPU/RAM COLOUR HOSTING reserves the right to suspend the account associated with the process without any prior warning.
INODES RESOURCES USAGE
- Every file (a webpage, image file, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared web hosting account may potentially result in a warning first, and if no action is taken future suspension.
DEFINITION OF UNLIMITED DISK SPACE AND TRAFFIC USAGE
- Being a web hosting provider we are greatly dedicated to help our clients to build their online presence. That is why we impose no limits on the disk space and traffic on plans having these features advertised as “unlimited”.While we want to be sure we are providing good service to all of our clients, still we require customers to comply with paragraph 15. ACCOUNT HDD RESOURCES USAGE and paragraph 21. TRAFFIC RESOURCE USAGE, which sets norm in Disk Space and Traffic usage of personal and business websites.The nature of the shared web hosting service we provide, may force us to put constraints on given accounts that are affecting others accounts by abusing resources beyond what is expected to be a normal utilization of Disk Space and Traffic. Normal usage for personal and business websites is considered usage similar to the average resource utilization of our other customers.Example of abnormal usage might be resource usage of a large corporation compared to a small personal or business website or storing large number of video, audio or other files that require more resources to support.With this said we want to stress on the fact that we are providing hosting through a shared environment and each website may impact the performance of other websites. While our hosting platform has custom architecture designed to endure great loads generated from the shared accounts, occasional disruptions may result in from customer.s abnormal activities.Disruptions are rare, because we carefully manage accounts that are over-utilizing the platform resources. In order to keep the normal operation, we reserve the right to suspend web hosting accounts that are destroying the performance of our shared hosting platform. In any case we notify prior or consequential to account suspension the owner by email and we are doing our best to cooperate with the affected user to resolve the issue.
BACKUPS, DATA LOSS AND BACKUP LIMIT
- Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Our backup service is running each week, overwrites any of our previous backups made, and we keep 3 week backups behind. COLOUR HOSTING is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on COLOUR HOSTING servers. Any shared account using more than 3 GB of disk space will be removed from our off site backup. Emails are not backed up. All data will continue to be mirrored to a secondary drive (RAID Backup) which helps protect against data loss in the event of a drive failure.
TRAFFIC RESOURCE USAGE
- COLOUR HOSTING provides monthly traffic allowance. The allocated traffic allowance depends on the package. In case you pass the allocated monthly traffic we reserve the right to suspend your account until the next month cycle starts, until additional traffic allowance is ordered or even terminate the account and/or request to charge additional fee if the account has over-utilization. Unused traffic in one month cannot be carried over to next months. COLOUR HOSTING reserves the right to suspend and/or terminate any account that has traffic over-utilization and endanger the normal function of shared hosting platform.With regard to the Unlimited data traffic packages on the shared hosting platform, a fair use policy will apply. If you generate more server traffic than is deemed acceptable by COLOUR HOSTING, to the detriment of other COLOUR HOSTING customers, COLOUR HOSTING reserve the right to interrupt service. Unlimited data transfer applies to your use of web pages only (html, php, etc.), not for storage of movies, pictures, audio files, downloads etc.
WEB SERVER RESOURCE USAGE
- COLOUR HOSTING provides a shared hosting service. The very nature of the service requires that Web Server’s resources be shared. Every web hosting account can use up to 40 concurrent (simultaneous) connections originating from one IP (regardless of the domain, subdomain) and also 40 concurrent connections towards a single vHost. (domain or subdomain).
- In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to. COLOUR HOSTING, the Site or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our products. and services and that you will not be due any compensation, including any royalty related to the product or service. that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and. otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow. others to do the same. This is true whether you provide the Feedback on the Site or through any other method of. communication with us, unless we have entered into a separate agreement with you that provides otherwise.
FORCE MAJEURE CIRCUMSTANCES
- COLOUR HOSTING will be no liabile in case of failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.This agreement constitutes and represents the whole act of convention between the parties in regard to the agreement signed between them. It is not subject to any amendments, changes or modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the parties to be charged.
- Copyrighted material must not be placed on any Customer`s account without the permission of the owner(s) or the person(s) they specifically authorize. Only the owner(s) or such authorized person(s) must upload copyrighted material to the account.Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.
PLEASE REPORT ANY VIOLATIONS OF THIS AGREEMENT TO firstname.lastname@example.org
GENERAL ACCEPTABLE USE POLICY
PROHIBITED CONTENT AND ACTIVITIES
The following statements pertain to all products and services offered by COLOUR HOSTING:
Customer may only use COLOUR HOSTING servers for lawful purpose. Transmission of any material in violation of any regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright or an appropriate license) on COLOUR HOSTING servers. Also, using COLOUR HOSTING’s servers or network to conspire to commit or support the commission of illegal activities is forbidden as well.
Any activity which causes service interruptions to either COLOUR HOSTING’s network/servers or any outside network. This includes, but is not limited to, the execution of Denial of Service attacks or other maliciously configured software.
Anonymous proxies are easily abused and often cause a negative impact on both the servers and the network they are connected to. As such, they’re prohibited on COLOUR HOSTING’s network and servers.
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use COLOUR HOSTING Web Hosting’s Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at COLOUR HOSTING. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
Personal Information Harvesting
Collecting or using email addresses, screen names or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).
You agree that if the COLOUR HOSTING IP numbers assigned to your account are listed on an abuse database or blacklist like Spamhaus, you will be in violation of this AUP, and COLOUR HOSTING may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
FOREX, e-gold exchange, bitcoin, option trading and similar
Usage of the COLOUR HOSTING network to impersonate another person or entity, be it through Email, Internet Forums, or any other means, is strictly prohibited. This includes spoofing email or network packet headers whether or not it is done for malicious purposes.
Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called “Scraper sites.” These can all have a severely detrimental effect on server performance and are not permitted.
Any conduct that is likely to result in retaliation against COLOUR HOSTING’s network or website, or COLOUR HOSTING’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
With the exception of COLOUR HOSTING Dedicated Server products, the customer agrees to make use of COLOUR HOSTING Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. COLOUR HOSTING Web Hosting servers are not intended as a data backup or archiving service. COLOUR HOSTING Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of 5 USD per additional 1 GB.
The following statements pertain exclusively to shared web hosting products and services offered by COLOUR HOSTING.
Adult Thumbnail Galleries/Banner Exchanges
You agree not to run a banner exchange, free adult tgp (thumbnail gallery post), or any adult image galleries on your website.
Any script/process/etc that adversely affects the ability of any other customer to satisfactorily use their provided services is forbidden. This includes, but is not limited to, CPU-intensive CGI/PHP scripts and websites for which the scale of traffic has exceeded the acceptable limits of a shared hosting environment.
All IRC bots and “bouncers” (bnc, etc) are forbidden.
While we recognize the value in the BitTorrent protocol as a distribution method, it is far too easily (and often accidentally) abused/misused and therefore not allowed on COLOUR HOSTING Shared Hosting services.
All proxy software, anonymous or otherwise, is forbidden on COLOUR HOSTING Shared Hosting services.
Any process that opens a network socket to accept connections from external networks is forbidden. Processes are allowed to bind to the local host only, but are held to the limitations placed on all other processes. They must not use up more than their fair share of resources and they must not interfere with any other customers’ activities.
PLEASE REPORT ANY VIOLATIONS OF THIS AGREEMENT TO email@example.com
At COLOUR HOSTING we take great value in delighting our customers. Below you can read our refund policy:
HOSTING AND VPS ACCOUNTS
All newly registered hosting and VPS accounts as well as upgrades from free to paid accounts are subject to 14 days money back guarantee. In case you become dissatisfied with our services at any point within the first 14 days, you will receive a 100% refund for the hosting or VPS account.
In case of web hosting or VPS renewals (after one or more billing cycles), the account is not subject to 14 days money back guarantee, hence the rule for the first 14 days does not apply.
Domain name sales are final and non-refundable.
At the time of purchase you are the sole owner of the domain(s) purchased through our service. In case you decide to leave our hosting service at the end of your billing cycle or take advantage of the 14 days money back guarantee, domain names are transferable to another provider.
Changes to registered domain names i.e. incorrect spelling, cannot be made once the domain has been purchased. Please explicitly verify the spelling of your domain name before purchase.
SSL certificates are final and non-refundable.
A refund is only available within 14 days from the payment date. Please be informed that 100 USD set up fee will be deducted from the refunded amount.
Chargebacks are not accepted as a way of refunding. Any client who provokes a credit card chargeback of an order will be a subject to collections and legal actions. He/she will be charged starting from 100.00 USD and up to 1000 USD for a higher amount, because when signing up with COLOUR HOSTING, customers accept these terms and conditions, thus agreeing to observe them strictly.
This Agreement, by and between You (Hereinafter referred to as “Customer”), and Colour Technologies Limited, duly authorized and existing under the laws of Gibraltar and EU (Registration No.: 114369) with its offices located at 13/1 Line Wall Road, GX11 1AA, Gibraltar and 79 Matisa iela, Riga, LV-1009, Latvia (hereinafter referred to as “Service Provider”):
- In consideration of the mutual covenants contained herein, the parties agree with the following:
The purpose of this Agreement is to define the terms under which the Service Provider will provide the Customer with VPS (Virtual Private Server) and Dedicated Hosting Services, defined as:
- physical space within the Service Provider’s Network Operations Center to house a Service Provider-owned and supplied computer system and other equipment as may be required and identified within this Agreement, hereinafter called the Customer’s Server,
- limited physical access to the Customer’s Server and
- a connection of the Customer’s Server to the Internet using the Service Provider’s public network connections.
- This Agreement does not include additional services such as monitoring, managed services, backup service, managed firewall services and Operating System maintenance.
EFFECTIVENESS, TERM AND RENEWAL
This Agreement shall become effective when Customer purchasesa VPS or Dedicated server. This Customer Agreement shall remain in effect until the services provided herein are terminated, changed or canceled as allowed by the terms and conditions as contained herein.
- This Agreement shall become effective when Customer purchases a VPS or Dedicated server. This Customer Agreement shall remain in effect until the services provided herein are terminated, changed or canceled as allowed by the terms and conditions as contained herein.
- The Customer will be notified prior to the VPS or Dedicated server service expiration. In case the service is not renewed the VPS or Dedicated server service will be terminated.
- The Customer agrees and understands that Service Provider keeps the VPS or Dedicated within two business days after the service is terminated. After this period Service Provider has the right to remove (delete) Customer’s data on the VPS or Dedicated server.
CUSTOMER’S SERVER AND USE RESPONSIBILITIES
The Customer’s Server may provide services to a Customer and/or his/her customers, or the general public, for any legal purpose whatsoever, provided that:
- The Customer’s Server may deliver only those network services specifically disclosed and agreed to herein. The Customer’s server shall not be used as a spam mail relay and the Customer shall ensure that such service is Shutdown and,
- The Customer’s Server shall not exceed the agreed Bandwidth limits, or provide services to others which might result in excessive usage of the agreed Bandwidth limits, regardless of whether such useage is in the ordinary course of business or results from any unauthorized hacking or use of the Customer’s Server. Should Customer exceeds his/her allotted Bandwidth for any reason whatsoever, the Customer will have to pay for the additional Bandwidth, at the rate and terms defined in the current Service Provider price list, and
- The Customer shall not utilize his/her Server for the delivery of unsolicited e-mail (spamming) or the spreading of viruses and,
- The Customer is expressly prohibited from, and shall not use the Server or the Service Provider’s network to, violate the security of any computer (or) network, crack passwords or security encryption codes, or transfer or serve any illegal material(s).
- All services provided by the Service Provider under this Agreement extend to the Customer only, and do not extend to any other person, corporation or entity, regardless of their relationship with Customer and under no circumstances will the Service Provider be obliged to support third parties.
- The Customer may resell space on the Customer’s Server as well as its bandwidth to third parties, provided that the Customer does NOT:
allow third party to access administration or root accounts,
- use such service to provide dial-in or general Internet TCP/IP Access
- provide or divulge login names or passwords, provided to Customer by the Service Provider, to third parties and
- allow any such use which is in violation of this Agreement.
- The Customer and all other third parties accessing or using the Customer’s Server shall abide by all of the rules, regulations and policies of the Service Provider’s, as well as other networks and computer systems accessed via the Customer’s server, whether operated by The Service Provider, its suppliers or others. If the Customer is unsure of those policies, it is the Customer’s responsibility to ascertain said policies. The Customer agrees to indemnify and hold The Service Provider harmless from any claims resulting from the Customer’s use of the service that damages either the Customer or another party or parties.
- Server should not host sites that provide any content, points of distribution, or ‘links’ to sites that:
Infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;
- Violate any law, statute, ordinance or regulation;
- Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
- Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party`s computer or property;
- Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) – all fall under this jurisdiction. This includes also Torent sites or links to Torrent sites;
- Sites related or directly providing escort services;
- Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
CUSTOMER RESPONSIBILITIES FOR EQUIPMENT, APPLICATIONS AND DATA
The Customer is totally responsible for the ongoing stability and the operation of the Customer’s application and server. Any assistance by the Service Provider staff may result in additional fees.
- Unless contracted by a separate Agreement, in writing, under no circumstances shall The Service Provider assume responsibility for the loss of information on the Customer’s Server. The Customer is responsible for all secure backups of all data on the Customer’s Server, and is responsible for rebuilding their environment in the event of loss of this information caused by failure of the server, or by any act, by any party, whether accidental or intentional. The customer has the option of hiring the Service Provider for restoration of services at an additional fee. The customer is responsible for providing the Service Provider with a reliable 24-hour contact in order to be notified in the event of a failure or downtime for maintenance.
- The Customer shall provide The Service Provider with a list, and replacement value, detailing any and all additional equipment and software that is installed, or to be installed, on the Customer’s Server in the Service Provider’s Network Operations Center.
- The Customer shall fully insure additional software and hardware installed on Customer’s server against all risk of loss, including without limitation, theft, fire, water and earthquake damage. The Customer is advised to purchase business interruption insurance to protect against lost revenue from Customer’s server in case of prolonged disruption of services or catastrophe.
PAYMENT AND CHARGES
The Customer is responsible for any and all fixed and accumulative charges for their account as, defined in the current the Service Provider price list.
- The account setup fee and the first month (30 days) service are charged immediately upon the execution of this Agreement. Once the Customer’s Server is installed and operational, the thirty (30) day period begins. Thereafter, hosting fees are billed on a monthly basis. The first such invoice may include appropriate charges or credits to prorate the service period to the end of the month. Incidental support or additional fees will be charged as the service is performed.
- Invoices for Hosting Services are invoiced and payable in advance for the term of the Hosting Services. Hosting Services are subject to suspension for any account thirty (30) or more days past due and become subject to a re-activation fee. The Service Provider may impose a late charge on invoiced amounts over 30 days outstanding equal to 1.5% per month of the unpaid until the entire balance is paid in full.
COLOUR HOSTING guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
- Server Hardware Breakdown.
- User error(s) or purposeful interruption(s) of the hosting service.
LIMITATION OF LIABILITY
The Service Provider exercises no control whatsoever over the content of the information passing through its network. The Service Provider makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. The Service Provider also disclaims any warranty of merchantability or fitness for a particular purpose. The Service Provider will not be responsible for any damage you might suffer. This includes the loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence, omission or your errors or omissions. Use of any information obtained via the Service Provider’s network is at your own risk. The Service Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services.
- The Service Provider’s liability hereunder for any losses or damages suffered by Customer or his/her customers with respect to the products and services or any other item under this Customer Agreement, whether direct or indirect, from any cause whatsoever, shall be limited to the amount paid by the Customer to the Service Provider for products and services ordered hereunder for a single billing period only. The Service Provider shall not be liable for any lost profits or for any claim or demand against the Customer by any other party based on any expressed, implied or claimed warranties by the Service Provider not specifically set forth in this Agreement.
- The Service Provider cannot be held responsible for the content of pages hosted under our service. COLOUR HOSTING cannot be held liable for any damages or lost profits from copyright infringments or unauthorized content reproduction hosted on our platform as a standalone user domain or as a subdomain under our utility domains, including but not limited to the following utility domains: onlinewebshop.net, myartsonline.com, mygamesonline.org, mypressonline.com, getenjoyment.net, medianewsonline.com, scienceontheweb.net, mywebcommunity.org, sportsontheweb.net, atwebpages.com. The service provider does not review pages for content before they are posted, and does not verify, endorse or otherwise take responsibility for the contents of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their web site.
- IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- No action, regardless of form, arising out of this or any other Service Provider Agreement or transactions contemplated herein or therein, may be brought by the Customer after more than one (1) year since the cause of action has occurred.
- Customer shall indemnify, defend and hold harmless the Service Provider, its directors, employees and agents from any action brought against them by any third-party in connection with this Agreement, or any other Agreement between Customer and a third-party from any claims resulting from the use of the service by you or any of your customers or others throughout your chain of distribution, including end-users. Customer shall pay all damages and reasonable attorney fees arising as a result of Customer’s use or misuse of any rights granted herein.
- In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to, the Site or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
COMPLIANCE WITH LAWS
Customer shall at any time comply with all applicable laws and regulations of Gibraltrar and EU and all other governmental entities governing, restricting or otherwise pertaining to the use, distribution, exporting or import of data, products, services and/or technical data.
- The Service Provider’s network may only be used for lawful purposes. Transmission of any material in violation of any Gibraltar, EU or other governmental regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.
The Service Provider shall have the right to immediately suspend or terminate this Agreement during any investigation of Acceptable Use Policy or Agreement violations, misrepresentation of the services offered by Customer’s Server, inappropriate use, use of excessive system or network resources which adversely affects the performance, security or reliability of the Service Provider network, or nonpayment of service fees. In the event that the Service Provider suspends or cancels service, the Service Provider will make a reasonable effort to notify the emergency contact supplied by the Customer, prior to the actual event.
- The Service Provider shall have the right to suspend or terminate this Agreement for any reason, by providing the Customer with written notice.
- The Customer can only cancel Services with a written notice sent to the address of the Service Provider in this Agreement. The Customer agrees that the Service Provider has the right to delete all data, files or other information that is stored on the Customer’s servers, on behalf of the Customer, if either the Customer or the Service Provider cancels this account, for any reason.
This Customer Agreement is being executed by the Customer at the address provided for herein, and by the Service Provider in Gibraltar, and is governed by, and shall be construed in accordance with the laws of Gibraltar and EU.
- If any sentence, paragraph, clause or combination of the same in this Customer Agreement is held by a court or other governmental body of competent jurisdiction to be unenforceable, invalid or illegal in any jurisdiction, such sentence, paragraph, clause or combination shall be deemed deleted from this Customer Agreement and the remainder of this Customer Agreement shall remain binding on the parties as if such unenforceable, invalid or illegal sentence, paragraph, clause or combination had not been contained herein.
- In the event litigation is required to force compliance with, or address any breach of this Agreement, the parties agree that the prevailing party shall be entitled to attorneys’ fees and costs actually incurred.
- Relationship. Nothing in this Customer Agreement or to be done pursuant to its terms and conditions is intended to, or shall, create a partnership or joint venture, for tax purposes or otherwise, between the Service Provider and Customer. Customer is and shall remain fully and solely responsible for all of its employees and assumes full responsibility for all costs and liabilities incurred in connection with the termination of such employees for any reason whatsoever.
THIS AGREEMENT HAS A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES.
This Registration Agreement (“Agreement”) sets forth the terms and conditions of your use of domain name registration and related services (“Services”). In this Agreement “you” and “your” refer to you and the registrant listed in the WHOIS contact information for the domain name. “We”, “us” and “our” refer to the registrars listed at the bottom of this document, any one of which will be the registrar for your domain name and all of which share common ownership, common terms and conditions, and a shared Services infrastructure. To determine which registrar your domain name is registered with, perform a WHOIS lookup athttp://www.uwhois.com. You obtain the Services through your primary service provider, with whom we have a wholesale relationship (your “Primary Service Provider”). Your relationship with your Primary Service Provider may be governed by additional terms, as you and your Primary Service Provider may agree. “We,” “us” and “our” does not include your Primary Service Provider, except when specifically mentioned or unless your Primary Service Provider is one of us (i.e., if your Primary Service Provider is also one of the registrars listed at thebottom of this document)).
By using the Services, you agree to all terms and conditions of this Agreement, the UDRP (defined below) and any rules, policies, or agreements published in association with specific Services and/or which may be adopted or enforced by the Internet Corporation for Assigned Names and Numbers (“ICANN”), any registry, or governments.
CHANGES TO THIS AGREEMENT:
This Agreement may change over time, either through amendments by us, changes to ICANN policy or applicable law which may or may not be reflected in the text of this Agreement, or otherwise. Before any material changes to this Agreement become binding on you (other than changes resulting from a change in ICANN policy or applicable law), we will notify you of such changes by, for example, sending email to you at your email address of record. If, as a result of such a change, you no longer agree with the terms of this Agreement, your exclusive remedies are (a) to transfer your domain name registration services to another registrar, or (b) to cancel your domain name registration services with us. Your continued use of the Services following notification of a change in this Agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds you: (1) 30 days after we notify you of the change, or (2) immediately if such change is a result of a new or amended ICANN policy or applicable law.
REGISTRANT RIGHTS AND RESPONSIBILITIES:
ICANN has developed, in consultation with registrars, a webpage that identifies important registrant rights and responsibilities. The document provides a “plain language” summary of terms related to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA), for posting on registrar websites. While some of the terms included do not specifically refer to registrants, those terms are included because of the potential import to understanding registrar/registrant relations. The document also summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the RAA. The summarization of terms within this document do not override or replace the terms set forth in the RAA or within those specifications or policy. Please review these important Registrant Rights and Responsibilities.
You must create an account to use the Services (“Account”). Your Account is typically managed and/or provided by your Primary Service Provider. You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of your Account by you or any third party.
- ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
- You must provide certain current, complete and accurate information about you with respect to your Account information and with respect to the WHOIS information for your domain name(s). You must maintain and update this information as needed to keep it current, complete and accurate. You must submit the following with respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Services: name, postal address, e-mail address, voice telephone number, and where available, fax number. The type of information you are required to provide may change and you must provide such information and keep your Account information current. Not providing requested information may prevent you from obtaining all Services.
- You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase “Name Only” Services, we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from “Name Only” Services.
- OBLIGATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION:
- If, in obtaining Services, you provide information about or on behalf of a third party, you represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (b) obtained the third party’s express written consent to the disclosure and use of that party’s information as set forth in this Agreement.
- You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful purpose, including but not limited to the infringement of any intellectual property right, the unauthorized transfer to yourself or any other party of any domain name or Services, or the violation of any laws, rules, or regulations (the “Illegal Uses”). Providing inaccurate information, failing to immediately update information or engaging in any Illegal Uses will constitute an incurable material breach of this Agreement. Your failure to respond for over ten (10) calendar days to inquiries by us concerning the accuracy of Account and WHOIS contact information shall constitute an incurable material breach of this Agreement.
- You are responsible for regularly monitoring email sent to the email address in your Account. You may lose your rights to the domain name(s) or your right to receive the Services if you do not respond appropriately and timely to an email sent in conjunction therewith.
- ACCESSING YOUR ACCOUNT:
- In order to change any of your Account or domain name WHOIS information, you must access your Account with your Primary Service Provider, or your Account with us. It is your duty to safeguard your Account login identifier and password from any unauthorized use. Any person in possession of your Account login identifier and password will have both the ability and your authorization to modify your Account and domain name information, initiate transfers of your domain name(s) to other registrars, initiate registrant changes to your domain names which may terminate your rights to use such domain name(s), update DNS changes to your domain name(s) which may result in changes to the content associated with your domain name(s) and take other actions which may affect or terminate your rights and access to your domain name(s) and/or the Services.
- We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and such reasonable precautions include procedures for releasing Account access information to parties who claim to have lost Account access information. If we take reasonable precautions in relation thereto, IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND IN PARAGRAPH 13 BELOW IN THIS AGREEMENT.
- If you contact us alleging that a third party has unauthorized access to your Account or domain names, we may charge you administrative fees, currently set at $50 (US dollars) per hour, for our time spent in relation to the matter, regardless of whether or not we return control over the Account and/or domain name(s) to you. You will indemnify us for any reasonable attorneys? Fees and costs we may incur in relation to the matter, even if those fees and costs accrue as a result of defending an action, or responding to a threat of an action, initiated by You or a third party.
- SHARING OF WHOIS INFORMATION:
- We will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, any ICANN-authorized escrow service, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. We may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws, including by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us.
- ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm,http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.
- ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
- DOMAIN NAME REGISTRATION.
- We are accredited registrars with ICANN for generic Top Level Domain Names (“gTLDs”) (such as .com, .net, .org, etc.). ICANN oversees registrations and other aspects of the gTLDs. We also are registrars for a variety of country code Top Level Domains (“ccTLDs”) (such as .co.uk, .de, etc.). For a partial list of registry administrators and for more information on gTLDs, see http://www.icann.org/tlds/. Domain name registrations are not effective until the registry administrator puts them into effect. Domain name registrations are only for limited terms which end on the expiration date. For domain names which are created as a new registration out of the pool of available domain names, the term begins on the date the domain name registration is acknowledged by the applicable registry. For domain name registrations which were not returned to the pool of available domain names, the term begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry.
- We and your Primary Service Provider are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration. You acknowledge that domain name registration is a service, domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, domain name registration services do not create a property interest and you have no such property interest in any domain name(s) which you may register with us.
- AFTER MARKET DOMAIN NAMES:
- We offer for sale domain names that are registered to third parties (also known as aftermarket domain names) in a variety of top level domain names (“TLDs”) (“After Market Domain Name(s)”). All After Market Domain Name registrations are offered on a first come, first served basis. If you are the first to complete an After Market Domain Name registration application for a particular domain name, including payment of the purchase price we designate, we will initiate a transfer of the relevant After Market Domain Name to your Account. If the After Market Domain Name is at another domain registrar at the time of your purchase, we will transfer your purchased After Market Domain Name to us at no cost to you and will add one year to the existing registration period. If the After Market Domain Name is already located with us as the domain registrar at the time of your purchase and it has ninety (90) days or less from the date of your purchase before expiration, we will renew your After Market Domain for you for free. If the After Market Domain Name is already located with us as the domain registrar at the time of your purchase and it has ninety-one (91) days or more before expiration, you are responsible for all renewal fees. Any subsequent renewals of the After Market Domain Name will be charged at the then-current renewal fee. Once you submit your order for an After Market Domain Name, you have entered into a valid, binding and enforceable contract to pay the designated purchase price for the After Market Domain Name. Because we are selling After Market Domain Names initially registered to third parties, we have no control and make no representations regarding the accuracy or legality of domain names advertised, the accuracy or legality of any domain name listing, or the right and the ability of the third party seller to transfer the After Market Domain Name or complete the transaction. We do not control whether or not third party sellers will complete a transaction. We reserve the right to reject or cancel your After Market Domain Name registration for any reason including, but not limited to, any pricing errors. In the event your After Market Domain Name registration is rejected or cancelled by us, for any reason, we will refund in full the amount of the purchase price for the After Market Domain Name as your sole remedy.
- ii. Once the After Market Domain Name is transferred into your Account, such After Market Domain Name may not be transferred away from us to another registrar during the first 60 days following the transfer, during which time the After Market Domain Name may be placed on transfer lock. All of your obligations under this Agreement which apply to the registration or renewal of domain name(s) created by you apply to any After Market Domain Name(s) acquired by you, including but not limited to prohibition against any Illegal Uses.
- NOT INCLUDED IN THE SERVICES:
- We are not responsible to determine whether the domain name(s) you select, or the use you or others make of the domain name(s), or other use of the Services, infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use or allow others to use infringe legal rights of others.
- We might be ordered by a court or arbitrator to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your Account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. Our policy is to comply with court orders from courts of competent jurisdiction as well as UDRP Panel decisions. If you contact us informing us that you are contesting a court order from a court of competent jurisdiction, we may, but are not obligated to, place a transfer lock on the domain name pending the outcome of the dispute. If you contact us informing us that you are contesting an adverse UDRP Panel decision, your time limits and procedures to do so are subject to the requirements set forth in the UDRP. We will not delay implementation of a UDRP Panel decision based solely on your informing us that you intend to contest the decision.
- USE OF FREE SERVICES:
- In consideration for providing additional optional Services for which we do not charge an additional fee, including, but not limited to, free trials, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other free services which we may introduce from time to time (“Free Services”), we may display advertising in conjunction therewith through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, appendices to emails, or any other advertising means, and we may aggregate for our own use, related usage data by means of cookies and other similar means. We may discontinue any Free Services at any time with or without providing you prior notice.
- From time to time we may provide you with free or low-cost domain name(s) registration services (“Promotional Name(s)”). If we do so, the services for the Promotional Name(s) will be placed in the same Account as your other domain name(s) and you will be listed as the registrant, though we may point the Promotional Name to IP address(es) of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other Accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and the terms of this Agreement will apply to such Promotional Name(s). If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and we may be listed as the domain name registrant or we may delete such domain names or make them available to others. For any domain name services, including these Promotional Names, for which you are listed as registrant but for which you do not pay the registration or renewal fee, we may assign name-servers to the domain name and point the domain name to IP address(es) designated by us until the registration or renewal fee is paid.
- DOMAIN NAME REGISTRATION.
SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:
- We and your Primary Service Provider may reject your domain name registration application or elect to discontinue providing Services to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, we and your Primary Service Provider may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) allegations of illegal conduct, (v) failure to keep your Account or WHOIS information accurate and up to date, (vi) failure to respond to inquiries from us for over ten (10) calendar days, or (vii) if your use of the Services involves us in a violation of any third party’s rights or acceptable use policies, including but not limited to the transmission of unsolicited email or the violation of any copyright.
- If we terminate or suspend the Services provided to you under this Agreement, we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously provided to you. If we have grounds to terminate or suspend Services with respect to one domain name or in relation to other Services provided through your Account, we may terminate or suspend all Services provided through your Account. No fee refund will be made when there is a suspension or termination of Services for cause.
- At any time and for any reason, we may terminate the Services thirty (30) days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name within such thirty (30) day notice period or risk that we may delete your domain name, transfer the registration services associated with your domain name to ourselves or a third party, or suspend or modify Services related to your domain name. If we terminate Services for a reason other than cause, we will provide a pro-rata refund of your fees.
- Your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure now in affect or which may come into affect at a later date, by any registrar or registry administrator procedures approved by an ICANN-adopted policy or any policy adopted by any ccTLD registry or governing body, to correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the resolution of disputes concerning the domain name or as a result of any government decree, rule, law or regulation.
You agree to pay, prior to the effectiveness of the desired Services, the applicable Service fees set forth on the Pricing Page or otherwise communicated to you. In the event any of the fees for Services change, we will use reasonable efforts to give you thirty (30) days prior notice of such changes on the Pricing Page or by other reasonable means. Please check the Pricing Page often for any changes to our Services fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Services, we and/or your Primary Service Provider may suspend access to any and all Accounts you have with us and/or your Primary Service Provider and all interests in and use of any domain name registration services, website hosting, and/or email services, including all data hosted on our systems and/or on the systems of your Primary Service Provider may be assumed by us or your Primary Service Provider, as the case may be, or may be terminated. We may reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fees and our then-current reinstatement fee set forth on the Pricing Page or otherwise communicated to you. Reinstatement of Services by your Primary Service Provider may be according to the terms between you and your Primary Service Provider relating to reinstatement. If you have an issue with credit card or other payment charges, you should contact your Primary Service Provider, first, and us, second, regarding the issue before you contact your credit card or other payment process company to request a charge back or reversal of the charges.
EXPIRATION AND RENEWAL OF SERVICES:
It is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire and to maintain current and accurate credit card information should any Services be placed on “auto-renew.” We and/or your Primary Service Provider will notify you when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Services, we may attempt to renew the Services a reasonable time before expiration, provided your credit card or other billing information is available and up to date. It is your responsibility to keep your billing information up to date and we are not required to, but may, contact you to update this information in the event that an attempted transaction is not processed successfully. Please note: for certain TLDs, the automatic renewal option is not available.
EXPIRATION OF A DOMAIN NAME REGISTRATION:
Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry’s database, we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and we may either leave your WHOIS information intact or we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
- Reactivation Period Process. For a period of approximately 30 days after expiration of the term of domain name registration services, we may provide a procedure by which expired domain name registration services may be renewed. We may, but are not obligated to, offer this process, called the “reactivation period.” You assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. We may, in our sole discretion, choose not to offer a reactivation period and we shall not be liable therefore. The reactivation period renewal process, if any, may involve additional fees which we and your Primary Service Provider may determine. We may make expired domain name services(s) available to third parties, we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or expired domain name registration services may be re-registered to any party at any time.
- After the reactivation period, we may:
- Discontinue the domain name registration services at any time thereafter without notice. In which case, certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. We may, but are not obligated to, participate in this process, typically called the “Redemption Grace Period” (“RGP”). We may, in our sole discretion, choose not to participate in the RGP process with respect to any or all of your domain name registration services and we shall not be liable therefore. If available, RGP typically ends between 30 and 42 days after the end of the reactivation period of the domain name services. The current RGP fee is set forth on the Pricing Page and does not include any registration fees that may also be due. We are not obliged to contact you to alert you that the domain name registration services are being discontinued; or
- Pay the registry’s registration fee or otherwise provide for the registration services to be continued. In which case, we may then set the name-servers and the DNS settings for the domain name services, we may set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. We do not have to pay you any of the proceeds we may earn as a result. We are not obliged to contact you to alert you that the domain name registration services are being continued. The domain name will be designated as being in the extended redemption grace period (“ERGP”), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay the fee set forth on the Pricing Page plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you have abandoned the domain name services, and relinquish all interests and use of the domain name services; or
- If we auctioned the domain name services to a third party, we may transfer the domain name registration services to such third party. In which case, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services prior to the end of the reactivation period, as such reactivation period applied to you. We are not obliged to contact you to alert you that the domain name registration services are or were auctioned. We do not have to pay you any of the proceeds we may earn as a result of such an auction.
- Transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available athttp://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP as described in Section 17 of this Agreement, as these policies may be modified from time to time. To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP “AuthCode” which is required to transfer domain services in an EPP registry (such as .org). Alternatively, you should contact your Primary Service Provider to have your domain name(s) services locked or unlocked or to obtain the EPP “AuthCode.” If your Primary Service Provider is unresponsive, you may contact us to have your domain name(s) locked or unlocked or to obtain the EPP “AuthCode” though we may first contact your Primary Service Provider to request that the Primary Service Provider address the request. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and loosing registrars as outlined in ICANN’s transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire, in which event you may need to reinstate the transfer request following a redemption of the domain name, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. With any TLD transfer, further actions by the domain Registrant is required to complete the transfer and therefor we cannot be help responsible for transfers that have never been completed, because of failure of the Registrant to comply with the additional activities. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED OR NOT OR CLOSE TO THE END OF A REGISTRATION TERM.
- We may place a “Registrar Lock” on your domain name services and this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed.
OWNERSHIP OF INFORMATION AND DATA:
We own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. We own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the registrant and all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of Services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.
AGENTS AND LICENSES:
If you are registering a domain name for or on behalf of someone else, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein. If you license the use of a domain name you register to us or a to third party, you remain the domain name holder of record, and remain responsible for all obligations at law and under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration and for ensuring non-infringement of any third party intellectual property rights
LIMITATION OF LIABILITY:
WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE SERVICES, (b) USE OF THE SERVICES, (c) INTERRUPTION OF SERVICES OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (h) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (i) APPLICATION OF ANY DISPUTE POLICY. NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES, BUT IN NO EVENT GREATER THAN $400.00 (US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby release, indemnify, and hold us, ICANN, the registry operators, and your Primary Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and court costs, for third party claims relating to or arising under this Agreement, including any breach of any of your representations, warranties, covenants or obligations set forth in this Agreement, the Services provided hereunder, or your use of the Services, including, without limitation, infringement by you, or by anyone else using the Services, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our or ICANN’s operating rules or policies relating to the Services provided. We may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name Services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification (a) required under the UDRP or any other ICANN policy or any policy of any relevant registry; or (b) set forth elsewhere in this Agreement.
REPRESENTATIONS AND WARRANTIES:
YOU REPRESENT AND WARRANT THAT NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL OTHERWISE SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST 18 YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DISPUTE RESOLUTION POLICY:
You are bound by all ICANN consensus policies and all policies of any relevant registry, including but not limited to the Uniform Domain Name Dispute Resolution Policy (“UDRP”), which is available athttp://www.icann.org/udrp/udrp-rules-24oct99.htm andhttp://www.icann.org/dndr/udrp/policy.htm along with the UDRP Rules and all Supplemental Rules of any UDRP provider. The UDRP may be changed by ICANN (or ICANN’s successor) at any time. If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP in effect at the time your domain name registration is disputed by the third party. In the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. If you or your domain name is the subject of litigation, we may deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate.
GOVERNING LAW AND JURISDICTION FOR DISPUTES:
- Except as otherwise set forth in the UDRP or any similar ccTLD policy, with respect to any dispute over a domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington.
- Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration in King County, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your Account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your Account and/or domain name WHOIS information.
- Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you shall submit without objection, without prejudice to other potentially applicable jurisdictions, to the subject matter and personal jurisdiction of the courts (i) of the domicile of the registrant as it appears in the public WHOIS record for the domain name(s) in controversy, and (ii) where we are located, currently those State or federal courts whose geographic districts include Bellevue, Washington.
Any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account and/or domain name WHOIS information you have provided.
The parties hereby incorporate the requirements of 41 CFR 60-1.4(a), 300.5(a) and 741.5, if applicable. This Agreement and all applicable ICANN policies and the policies of any relevant registry, including but not limited to the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us. The parties hereby incorporate the requirements of 41 CFR 60-1.4(a), 300.5(a) and 741.5, if applicable.
THE FOLLOWING REGISTRARS ARE REFERENCED IN THIS DOCUMENT:
|Afterdark Domains,||eNom431,||eNom1037, Incorporated|
|Arab Internet Names,||eNom433,||eNOM625, INC|
|AsiaDomains, Incorporated||eNom435,||eNombre Corporation|
|Big House Services, Inc.||Incorporated||eNomEU, Inc.|
|Blisternet, Incorporated||eNom437,||eNomfor, Inc.|
|Dagnabit, Incorporated||Incorporated||eNom GMP Services, Inc.|
|Domain Rouge, Inc.||eNom439,||eNomMX, Inc.|
|Dropoutlet, Incorporated||Incorporated||eNomTen, Inc.|
|eNom, Incorporated||eNom443,||eNomToo, Inc.|
|eNom Corporate, Inc.||Incorporated||eNomV, Inc.|
|eNom1, Incorporated||eNom445,||eNomWorld, Inc.|
|eNom2, Incorporated||Incorporated||eNomX, Inc.|
|eNom3, Incorporated||eNom447,||Entertainment Names, Incorporated|
|eNom4, Incorporated||Incorporated||Extra Threads Corporation|
|eNom5, Incorporated||eNom449,||FeNomINAL, Inc.|
|eNom371, Incorporated||Incorporated||Fushi Tarazu, Incorporated|
|eNom373, Incorporated||eNom451,||Gunga Galunga, Incorporated|
|eNom375, Incorporated||Incorporated||Indirection Identity Corporation|
|eNom377, Incorporated||eNom453,||Internet Internal Affairs Corporation|
|eNom379, Incorporated||Incorporated||Kingdomains, Incorporated|
|eNom381, Incorporated||eNom455,||Mark Barker Incorporated|
|eNom383, Incorporated||Incorporated||Mobile Name Services,|
|eNom387, Incorporated||Incorporated||Name Nelly Corporation|
|eNom389, Incorporated||eNom459,||Name Thread Corporation|
|eNom391, Incorporated||Incorporated||Nerd Names Corporation|
|eNom393, Incorporated||eNom461,||Nom Infinitum, Inc|
|eNom395, Incorporated||Incorporated||One Putt, Inc|
|eNom397, Incorporated||eNom463,||Postal Domains, Incorporated|
|eNom399, Incorporated||Incorporated||Private Domains, Incorporated|
|eNom403, Incorporated||eNom465,||Retail Domains, Inc.|
|eNom405, Incorporated||Incorporated||SBSNames, Incorporated|
|eNom407, Incorporated||eNom467,||Searchnresq, Inc.|
|eNom409, Incorporated||Incorporated||SicherRegister, Incorporated|
|eNom411, Incorporated||eNom469,||Sipence, Incorporated|
|eNom413, Incorporated||Incorporated||Small Business names and Certs,|
|eNom417, Incorporated||Incorporated||SssassS, Incorporated|
|eNom419, Incorporated||eNom635,||Traffic Names, Incorporated|
|eNom421, Incorporated||Incorporated||Travel Domains, Incorporated|
|eNom423, Incorporated||eNom646,||Vedacore.com, Inc|
|eNom425, Incorporated||Incorporated||Whiteglove Domains, Incorporated|
.US domain requirements (NEXUS)
There are additional contact attributes required:
1. Nexus Category.
2. Nexus Country.
3. Application Purpose.
.CA domain requirements
There are additional contact attributes required:
1. Legal type.
2. Registrant of domain (individual or company name).
3. Optional description of Registrant.
4. Trademark number.
5. Registered location of Organization.
.DE domain requirements
Should you seek to register a .DE second level domain name you, the registrant, must also agree with the requirements of the .DE registration terms and conditions in German (an English translation is available for the convenience of English speakers, but the terms as they are found in the original German agreement are the actual authoritative and legally binding documentation).
You should be aware that the terms to register a second level domain in the .DE namespace are not strictly and finally documented. For example, fees for a second level domain registration in the .DE namespace are charged on a monthly basis. Registrars, however, may provide fee payment services which would allow you to pre-pay for longer time periods. If you pre-pay for a longer period of time, you will not be given a refund by this registrar if you decide to cancel your registration prior to the end of your pre-paid period. Also, a second level domain registration in the .DE namespace is for life, though you may cancel your registration by providing one month’s notice to DENIC. If you do not cancel your registration with DENIC and you stop paying the required registration fees to this registrar, then this registrar will stop making payments to DENIC on your behalf; in this case DENIC may attempt to bill you directly (and not through this registrar). After a certain period of non-payment, DENIC may then terminate your domain name registration, though it is not clear to this author whether you would also be released from the obligation to pay the registration fees incurred prior to termination by DENIC. If you stop paying the required registration fees, this registrar may, but is not required to, terminate your .DE domain name registration on your behalf. It is not clear to this author whether these terms are spelled out for prospective .DE registrants, so you are encouraged to perform your own due diligence to your own satisfaction before making the decision to register a second level domain registration in the .DE namespace.
.UK domain requirements
There are additional contact attributes required:
1. Legal type of the registrant should be specified. Registrant should be a UK resident and have a valid UK address.
2. Company identification number (required for Legal Types).
3. Name of the Registrant / Company (BE CAREFUL, this cannot be changed easily).
.CO.UK domain requirements
There are additional contact attributes required:
1. Legal type.
2. Company identification number (required for Legal Types).
3. Name of the Registrant / Company (BE CAREFUL, this information cannot be changed easily).
.ORG.UK domain requirements
There are additional contact attributes required:
1. Legal type.
2. Company identification number (required for Legal Types).
3. Name of the Registrant / Company (BE CAREFUL, this cannot be changed easily).
.EU domain requirements
To register a .EU domain name, you must meet one of the following requirements:
1. Undertakings having their registered office, central administration or principal place of business within the European community.
2. Organizations established within the European Community without prejudice to the application of national law.
3. Natural persons resident within the European Community.
.ASIA domain requirements
Anyone (person or entity) can be a registrant of .ASIA domains. In order to satisfy the .ASIA Charter Eligibility Requirement: one of the associated contacts for the domain (registrant, administrative, technical or billing contact) must be a legal entity in Asia. A legal entity may be a natural person of a juristic entity such as a corporation.
There are additional contact attributes required:
1. Locality of establishment.
2. Type of Entity.
3. Form of Identity.
4. Form of Identity ID Number/Code of Reference.
Your domain will become live once it has been provided to you by the registry. You may have to submit more documentary evidence or participate in an auction before you are provided the domain.
.JP domain requirements
Any individual, group, or organization that has a permanent postal address in Japan may apply for a 2nd level, General-use JP Domain Name (DOMAIN.JP).
NO Guarantee of domain registration or successful renewal on free web hosting accounts
IMPORTANT NOTICE: The Free web hosting platform is still in Development (Beta mode) and as such there is likely to be some minor defects in the system. Please note that we will do our best to provide you with decent service, however we can NOT provide any guarantee whatsoever that we will be able to register or renew your domain successfully if you are hosted on the free web hosting platform, even if you have paid for your domain registration or renewal service.
Domain Renewal Notifications and Orders
Our system sends e-mail notifications 30, 15, 10, 5, 4, 3, 2, 1 days prior to the domain’s expiration date. You are invited to renew your domain on time and if any TLD-specific renewal rules are applied, we include them in these e-mails.
We strongly recommend that you renew your domain minimum 48 hours prior to your expiration date. It is very important to understand that once you submit the order it is being processed by the payment gateway, verified by our sales representatives and finally the system is sending your domain for renewal to our partnering domain registrar. This process takes time and we encourage you to take time and submit your renewal order upfront so you are sure that the payment and renewal process will be handled on time.
|TLD||Registration||Additional details with registration||Transfer||EPP Key||Registrarlock||WhoisProtect||Renewal||GracePeriod|
|.com||1-10 years||No||Yes||Yes||Yes||Yes||Yes||5 days|
|.net||1-10 years||No||Yes||Yes||Yes||Yes||Yes||5 days|
|.org||1-10 years||No||Yes||Yes||Yes||Yes||Yes||5 days|
|.info||1-10 years||No||Yes||Yes||Yes||Yes||Yes||5 days|
|.biz||1-10 years||No||Yes||Yes||Yes||Yes||Yes||5 days|
|.us||1-10 years||No||Yes||Yes||Yes||Yes||Yes||5 days|
|.uk||1-10 years||Yes||Yes||IPS Tag||No||No||–|
|.co.uk||1-10 years||Yes||Yes||IPS Tag||No||No||–|
|.org.uk||1-10 years||Yes||Yes||IPS Tag||No||No||–|
|.eu||1-10 years||Yes||Yes||IPS Tag||No||No||–|
|.de||1-10 years||Yes||Yes||Yes||No||No||Auto Renew||–|
|.tv||1-10 years||No||Yes||Yes||Yes||Yes||5 Days|
|.me||1-10 years||No||Yes||Yes||Yes||Yes||2 Days|
|.be||1 year||Yes||No||No||No||No||Auto Renew||5 Days|
|.asia||1-10 years||Yes||No||Yes||Yes||No||5 Days|
|.ip||1 year||Yes||No||Yes||No||No||Auto Renew|
|.mobi||1-10 years||No||Yes||Yes||Yes||No||5 Days|
|.tw||1-10 years||No||Yes||Yes||No||No||5 Days|
Transfers without EPP Key
.co.uk, .org.uk, .uk
If you initiate the transfer with eNom first, you must submit the request to the losing registrar within one week. If initiating the request to the losing registrar first, you must initiate your transfer with eNom by either the 8th of current month or the 8th of the following month, whichever is closest to the current date. Request Retag from the losing registrar.
45 days rule
The 45-days transfer rule says: Due to a registry restriction(not eNom or any other registrar, but the global registry), if a domain is renewed and then transferred to another registrar within the first 45 days since the renewal, the domain will not have an additional year added to the expiration date.
.org 60 days restriction
Due to a registry restriction (Public Interest Registry; http://www.pir.org), .org domains have a 60-day transfer restriction. If a .org domain has been transferred between registrars, the Public Interest Registry does not allow a transfer of the domain for 60-days since the date thetransfer was complete.
.co.uk, .org.uk, .uk 3 months rule
For .co.uk, .org.uk, .uk successful transfers where the domain name has more than 3 months remaining to expiration, domain is not renewed for two years but just transferred. If the domain is within 3 months or less of its renewal date, the domain will be renewed for 2 years.
.co transfer rules
– Transfers of .CO domains are not permitted within the first 60 days of registration.
– Transfers of .CO domains are not permitted within 60 days of a previous transfer.
– Successful transfers will result in a one-year domain name renewal registration.
Certain domain names, like .DE, .BE and .JP can only be renewed via the auto-renew process. Therefore, the auto-renew should be set to ‘ON’ with our registrar, if you would like these domains to be renewed at all.
Meaning you have to pay/renew your domain in the last 30 days before expiration in order to be set with auto-renew ON status and the registry process the domain renewal.
We need to stress that any .DE, .BE and .JP domains which are not renewed prior the expiration date, then there is a chance you will not be able to get the domain back.
up to 10 years maximum renewal
Domain names can be registered for a maximum of 10 years. If your domain has not yet expired, you will be able to renew it for 9 years at the most.
.ca approval email
When .CA domains are initially registered, CIRA sends an approval email to the registrant email contact. The domain registration is not complete until the registrant approves it via this email. While in this “pending-approval” status, the domain will not resolve or otherwise function. The domain will appear within your account, but you will not be able to fully manage it, especially at the registry level, until approved. The registrant has 7 days to approve the registration, otherwise the registration is terminated. If the registrant needs this approval email re-sent, please open a support ticket.
The registry will no longer display name, address, phone, fax or email address for Individual registrants. It will remain as is for Non-Individual.
Change domain’s whois details from the DCP(Domain Control Panel)
|TLD||Registrant Contacts||Admin Contacts||Billing Contacts||Technical Contacts|
This Certificate Services Agreement (“Agreement”) sets forth the terms and conditions of your use of Certificate Services and related services (“Services”). This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as “you” or “your” (and appropriate formatives) and the distributor COLOUR HOSTING (Colour Technologies Limited).
- The “Certificate Services” discussed in this Agreement are the Symantec, GeoTrust, Comodo and such other digital certificate services as may be offered by COLOUR HOSTING from time to time and as the Services are made available to you to be bought.
- This Agreement may be modified from time to time. You acknowledge and agree that COLOUR HOSTING might change this Terms of Services without notice and you are solely responsible to check for such changes, follow up and comply with them.
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All Subscriber Agreements may be amended from time to time and you are solely responsible to check for such changes, follow up and comply with them.