Terms Of Service

Eligibility, Registration and Account Security

This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined below), we need to make sure that you are able to legally contract with us. This section also explains that you are responsible for account security including all use of the Services through your User account, whether or not authorized by you.

HIPAA Disclaimer

Our Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). This section describes our policy on HIPAA in more detail.

Termination Policy

Your Services offer plans for a fixed period of time that you select upon purchase (e.g. 1 month, 1 year, etc.). Even though we do not want you to, we know that one day you might want to leave us.

Auto-Renewal Terms

Unless otherwise provided, your Services will automatically renew on your renewal date to ensure uninterrupted service. This section explains this process in more detail.

Refunds

This section describes our refund policy.

User’s Responsibilities

You are required to comply with applicable law and have certain obligations with respect to their use of the Services. You are also required to cooperate with us and utilize hardware and software that is compatible with the Services. In addition, you are responsible for the security of your account and its content, as well as for maintaining a backup of your content and promptly removing any malware from your account.

Billing and Payment

We offer a great range of Services to suit everyone’s needs and at prices to suit everyone’s pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan.

Resource Usage

You are required to utilize server resources in an efficient and responsible manner. Excessive use of server CPU and memory resources by you can interfere with or prevent normal service performance for other customers. Additional information about our policy on CPU, Bandwidth and Disk Usage can be found here.

TERMS OF SERVICE

These Terms of Service (the “Agreement”) are an agreement between you (“User” or “you” or “your”) and Eiwebs (U.S.) LLC unless you are a User in USA. For all Users in USA, this is an Agreement between you and Endurance International Group (USA) Private Limited. For all customers outside of USA, “Company”, ”we”, “us” or “our” shall refer to Eiwebs (U.S.) LLC, and for all customers in USA, the same shall refer to Endurance International Group (US) Private Limited.

This Agreement sets forth the general terms and conditions of your use of the products and services made available by us and on our website (collectively, the “Services”).

  1. Additional Policies and Agreements
  2. Use of the Services is also governed by the following policies, which are incorporated into this Agreement by reference. By using the Services, you also agree to the terms of the following policies.
  3. Acceptable Use Policy
  4. Copyright Infringement Policy
  5. Data Request Policy
  6. Privacy Policy
  7. Additional terms may also apply to certain Services, and are incorporated into this Agreement by reference as applicable. For example, the Affiliate Agreement, Domain Registration Agreement, Reseller Agreement, and VPS Addendum will also apply to you as applicable and would be incorporated into this Agreement.
  8. Account Eligibility
  9. By registering for or using the Services, you represent and warrant that:
  10. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
  11. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
  12. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. We are not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the our billing and support system. Providing false contact information of any kind may result in the termination of your account. For dedicated server purchases or in certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
  13. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
  14. Company Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Company Content”), are the proprietary property of the Company or the Company’s licensors. Company Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of Company Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Company Content. All rights to use Company Content that are not expressly granted in this Agreement are reserved by the Company and the Company’s licensors.

  1. User Content
  2. You may upload, store, publish, display, and distribute information, text, photos, videos and other content for your website on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to us that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Solely for purposes of providing the Services, you hereby grant to the Company a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, the Company does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

  1. We exercise no control over, and accept no responsibility for, User Content or the content of any information passing through our computers, network hubs and points of presence or the internet. We do not monitor User Content. However, you acknowledge and agree that we may, but are not obligated to, immediately take any corrective action in our sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that the Company shall have no liability due to any corrective action that we may take.
  2. HIPAA Disclaimer

The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. We do not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Users requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements,” and you agree that Company is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.

  1. Payment Card Industry Security Standard Disclaimer.

We comply with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your User Website. We do not monitor User Websites for compliance and therefore we are not able to verify whether any User Website complies with the PCI Standard.

  1. Certain Services; 404 Error Page .

In the event you fail to configure a 404 error page, a default 404 error page will be configured by the Company to appear in the event an Internet user enters a URL related to your domain but for which no file is associated. By not configuring a 404 error page, you hereby consent to and authorize the Company’s placement of a default 404 error page and its associated content on your website. The Company’s 404 error page may contain advertisements and other materials selected by the Company in the Company’s sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines. You may change the 404 error page configuration at any time. The Company reserves the right to collect and retain all revenue obtained from such advertising and other materials.

  1. Third Party Products and Services
  2. Third Party Providers

We may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. Please refer to Appendix A to obtain links to the terms and conditions of certain third party providers. Appendix A is a representative list and not a comprehensive list of goods or services offered by third party providers.

The Company does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. The Company is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

  1. The Company as Reseller or Sublicensor

We may act as a reseller or sublicensor of certain third party services, hardware, software and equipment used in connection with the Services (“Resold Products”). We shall not be responsible for any changes in the Services that cause any Resold Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Resold Products, either sold, sublicensed or provided by us to you will not be deemed a breach of the Company’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Resold Product are limited to those rights extended to you by the manufacturer of such Resold Product. You are entitled to use any Resold Product supplied by us only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Resold Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Resold Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

  1. Third Party Websites

The Services may contain links to other websites that are not owned or controlled by us (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

  1. Prohibited Persons (Countries, Entities, And Individuals).

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, the Company also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

  1. Account Security and Company Systems.
  2. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
  3. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. We may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
  4. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
  5. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean-up your account for an additional fee.
  6. We reserve the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
  7. Compatibility with the Services
  8. You agree to cooperate fully with us in connection with our provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, the Company is not responsible for any delays due to your failure to timely perform your obligations.
  9. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by us to provide the Services, which may be changed by us from time to time in our sole discretion.
  10. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. The Company does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
  11. Billing and Payment Information
  12. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, at our sole discretion, payments may be applied to outstanding invoices in your billing account.

Unless otherwise provided, you agree that until and unless you notify us of your desire to cancel the Services, you may be billed, but we are not obligated to bill you, on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

  1. Advance Account.

If you maintain a credit balance, we will deduct from the credit balance when you purchase products or services from us. If the credit balance is insufficient for processing the order the order may not be processed. Any negative balance in the Advance Account will become immediately payable. If you do not correct a negative balance in your account within 24 hours, we reserve the right to terminate the Services with immediate effect and without any notice.

  1. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority, unless otherwise provided. Any applicable taxes will be added to your invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
  2. Late Payment or Non-Payment.

Any invoice that is outstanding may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, we may suspend or terminate your account and pursue the collection costs incurred by the Company, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. You have fifteen (15) days from the expiry date to pay the outstanding amount due for a dedicated server. After 15 days, the data on the dedicated server will be permanently deleted and cannot be restored.

  1. Domain Payments.
  2. Domain registrations. No refunds will be given once a domain is registered.
  3. Domain Renewals. You can manage domain renewals in your control panel. Domain renewal notices are provided as a courtesy reminder and we are not responsible for any failure to renew a domain or failure to notify about a domain renewal. No refunds will be given once a domain is renewed.
  4. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. We may report any such misuse or fraudulent use, as determined in our sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
  5. Invoice Disputes.

If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

  1. Price Change

The Company reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by us through the user billing tool or through other methods of communication, including notices sent or posted by us.

  1. Coupons
    Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
  2. Money-back Guarantee
  3. Dedicated Servers
    There are no refunds on dedicated servers. The forty-five (45) day money- back guarantee does not apply to dedicated servers.
  4. Managed shared, VPS and Reseller Services
    The Company offers a thirty (30) day money- back guarantee for shared, VPS, and reseller hosting services only. If you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to any fees for any additional products or services. For more information about our refund policy on additional products or services please refer to the section Non-refundable Products and Services.
  5. Cancellations and Refunds
  6. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
  7. Non-refundable Products and Services.

Notwithstanding anything to the contrary contained in this Agreement, there are no refunds of any fee (including without limitation, administrative fee and/or tax) on dedicated servers, or additional products or services such as Codeguard, Digital Certificates, shared VPS hosting, SiteLock install fees for custom software, and/or any other products or services of the Company.

  1. Cancellation Process.

You may terminate or cancel the Services from the control panel. If you cancel the Services, you are obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. If you request to suspend or cancel your customer account, your access to the control panel will be suspended and you will not be able to access the billing system to renew products or services or to update your account information. However, you will continue to have access to use the Services purchased until the end of your prepaid term.

Please note that if you have pending orders outstanding on your account at the time you cancel your account, we will continue to process those orders so long as your Advance Account has sufficient funds to cover the charges. If we are unable to fulfill any orders, the charges for such orders will be reversed and we reserve the right to cancel such orders.

We reserve the right to deny or cancel any order within thirty (30) days of processing such order. In such case we will refund the fees charged for the order.

We may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to Eiwebs; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Eiwebs or others, cause Eiwebs or others to incur liability, or disrupt Eiwebs business operations (as determined by Eiwebs in its sole discretion); (iv) you are abusive toward Eiwebs staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, Eiwebs will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA MAY BE DELETED.

Shared hosting has been designed to host most personal, small business websites. To support this, we offer unmetered disk space, unmetered bandwidth and unmetered websites on some of our plans

  1. CPU, Bandwidth and Disk Usage
  2. Permitted CPU and Disk Usage.

All use of hosting space provided by Eiwebs is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space shall only be used for: (i) web files; (ii) active email; and (iii) content of User Websites.

However, Shared hosting space may not be used for any activity not listed above, including but not limited to: (i) storage of media, emails, or other data as determined by the service providers; or (ii) offsite storage of electronic files, email or FTP hosts; (iii) gaming server; or (iv) to store over 100,000 files; or (v) run MySQL queries longer than 15 seconds; or (vi) use more than 50% of your website’s disk space for storing emails. Notwithstanding the above, your email storage cannot exceed 10 GB of disk space used by your Hosting order, even if it is within the aforesaid 50% of your website’s disk space. or (vii) use more than 5 GB or lesser based on the offering per database. We expressly reserve the right to review every shared account for excessive usage of CPU, disk space and other resources which might affect the stability, performance and uptime of our servers, storage and network that may be caused by your violation of this Agreement or the Acceptable Use Policy or otherwise.

If you are in violation of the above, we may, in our sole discretion require you to upgrade your package, or move to a VPS or Dedicated server (depending on which package would meet your needs) or terminate access to the Services or remove or delete User Content for those accounts that are found to be in violation of this Agreement and other policies. Please note, Dedicated and VPS usage will be limited by the resources allocated to the specific plan that you purchase.

  1. Bandwidth Usage.

Bandwidth usage is unmetered on shared and cloud hosting services. Additionally, specific limits on the services have been mentioned on the product that you purchase, which include but are not limited to Shared hosting, Cloud hosting, WordPress hosting, VPS, Dedicated and Email hosting. If we encounter any website/package/order/customer consuming more than 25% of the system resources for more than 90 seconds which might affect the stability, performance, and uptime of our servers, storage and network, we may require to you upgrade your package, or move to a VPS or Dedicated server, or we may take action to restrict the bandwidth or other resources applicable for your website/package/order/account.

  1. Reseller Terms and Client Responsibility
  2. Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
  3. Resellers shall ensure that each of its clients, customers or users (“Reseller Users”) complies with this Agreement, including for the sake of clarity, Appendix A.
  4. Resellers are responsible for supporting Reseller Users, including but not limited to providing customer service, billing support and technical support. The Company does not provide support to Reseller Users. If a Reseller User contacts us, we reserve the right to place a reseller cli ent account on hold until the reseller can assume responsibility for the Reseller User. All support requests must be made by the reseller on Reseller User’s behalf for security purposes.
  5. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of Reseller Users. The Company may hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
  6. The Company is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify the Company from and against any and all claims made by any User arising from the reseller’s acts or omissions.
  7. The Company reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by the Company.

Resellers in the the Company’s Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.

  1. Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

  1. Indemnification

You agree to indemnify, defend and hold harmless the Company, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

  1. Arbitration

Alternatively, if you are in US, the following provision applies to you:

All disputes, controversies and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement
(“Dispute”) shall be referred to and resolved by arbitration in Mumbai, India under the provisions of the Arbitration and Conciliation Act, 1996; provided that, to the extent a party may suffer immediate and irreparable harm for which monetary damages would not be an adequate remedy as a result of the other party’s breach or threatened breach of any obligation hereunder, such party may seek equitable relief, including an injunction, from a court of competent jurisdiction, which shall not be subject to this Section. The arbitration tribunal shall consist of one (1) arbitrator jointly appointed by the parties within fifteen (15) days from the date of first recommendation for an arbitrator in written form for a party to the other. If the parties fail to agree on appointment of such arbitrator, then the arbitrator shall be appointed as per the provisions of Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. As part of the terms of the appointment of the arbitrator(s), the arbitrator(s) shall be required to produce a final and binding award or awards within six (6) months of the appointment of the sole arbitrator (jointly appointed by the parties). Parties shall use their best efforts to assist the arbitrator(s) to achieve this objective, and the parties agree that this six (6) month period shall only be extended in exceptional circumstances, which are to be determined by the arbitrator(s) in its absolute discretion. The arbitral award passed by the arbitrator shall be final and binding on the parties and shall be enforceable in accordance with its terms. The arbitrator shall state reasons for its findings in writing. The parties agree to be bound thereby and to act accordingly. All costs of the arbitration shall be borne equally by the parties.

  1. Independent Contractor

The Company and User are independent contractors and nothing contained in this Agreement places the Company and User in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

  1. Governing Law; Jurisdiction

Unless you are in US, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts.

If you are in US, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the US.

Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

  1. Backups and Data Loss

Your use of the Services is at your sole risk. the Company does not maintain backups of dedicated accounts or the Services purchased by you. You should not rely on the Company for backup. It is solely your responsibility to maintain backups. the Company is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the Company’s servers.

  1. Limited Disclaimer and Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

  1. Entire Agreement.

This Agreement, including policies and documents incorporated by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

The headings herein are for convenience only and are not part of this Agreement.

  1. Changes to the Agreement or the Services

We may change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on our website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services.

  1. Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

  1. Waiver

No failure or delay by you or the Company to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

  1. Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of the Company. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. We may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

  1. Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

  1. Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

Appendix A:

If you purchase a third party product or service from the Company, you agree to this Agreements AND the following terms and conditions of the third party product or service, which are incorporated herein and made a part of this Agreement by reference:

  1. SiteLock: https://www.sitelock.com/terms.php
  2. CodeGuard: https://codeguard.com/pages/terms-of-service
  3. Comodo SSL: https://ssl.comodo.com/terms.php
  4. Google Apps Core Services: https://gsuite.google.com
  5. WordPress: https://en.wordpress.com/tos/and http://automattic.com/privacy/

 

This file was last modified on June 05, 2020.

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into our Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. We may modify this AUP at any time without notice.

You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws of the Commonwealth of Massachusetts, is prohibited. We reserve the right to terminate the Services for any Customer that exposes the Company to legal liability or threatens its ability to provide services to other customers. You agree to indemnify and hold the Company harmless from any claims resulting from your use of the Services.

Quick Links

Prohibited Uses

You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law. Any content that, in our judgment, violates our Terms of Service, including this AUP, in any manner may be removed from our servers (or otherwise disabled), with or without notice. Examples of prohibited content and activities can be found in this section.

Zero Tolerance Spam Policy

Wemaintain a zero tolerance policy for use of our network or services to send unsolicited bulk or commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”). Please review this section to avoid action under our AUP.

Defamation and Objectionable Content

We respect that the Internet provides a forum for free and open discussion and dissemination of information. Accordingly, we generally do not screen, monitor or control customer content. However, if we are made aware of content that violates the law or this AUP, we will consider the matter and take appropriate action as determined in our sole discretion balancing the merits of the complaint with the right to freedom of expression.

Enforcement

We may terminate your Services with or without notice upon any violation of this AUP. This section describes how we may enforce this AUP.

Reporting AUP Violations

If you feel you have discovered a violation of our AUP, please review this section to learn about our reporting procedures.

  1. Prohibited Uses:
  2. No Illegal or Harmful Use– You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law , including without limitation in connection with any of the following illegal, harmful or fraudulent activities:
    1. Disclosing private sensitive personal information about others;
    2. Distributing malware or other malicious code;
  • Engaging in the unlawful distribution of controlled substances and drug contraband;
  1. Engaging in the unlawful distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription;
  2. Gambling;
  3. Hosting child pornography or content that is potentially harmful to minors (Any website found to be hosting child pornography or linking to child pornography will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NMEC);
  • Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites;
  • Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at orgescrow-fraud.com ;
  1. Hosting or linking to an anonymous proxy server;
  2. Infringing upon the Intellectual Property Rights of Others. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If you believe that your intellectual property rights are being infringed upon, please notify us by completing the Report Abuse form, or emailing us at [email protected]
  3. Money laundering;
  • Phishing or engaging in identity theft; and
  • Selling weapons or ammunition.
  1. No Unauthorized System Access or Network Abuse– You may not use the Services to gain access into any network or system without permission. Prohibited activities include:
    1. Accessing another network without permission, to probe or scan for vulnerabilities or breach security or authentication measures;
    2. Attacking other networks (i.e. Denial of Service (DoS) attacks);
  • Intercepting or monitoring data without permission;
  1. Running a file sharing site;
  2. Running any software that interfaces with an IRC (Internet Relay Chat) network;
  3. Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of our website or servers for any unauthorized purpose;
  1. Don’t Hamper System Performance– Consuming excessive amount of server resources is prohibited. This leads to server performance issues and may cause a disruption to our systems or other customers. Use of any scripts or processes that may adversely impact our systems is prohibited.
  2. No Adult Content– You may not use the Services to distribute pornography or other adult-related content or offer any escort services.
  3. No Storage of Backups– Backing up personal data to a hosting account is prohibited. Our Services are designed to host your website, not serve as a data repository . We reserve the right to remove backups from your hosting account.
  4. Zero Tolerance Spam Policy
  5. You may not use the Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).
  6. “Safe lists,” purchased lists, and selling of lists will be treated as SPAM. We may terminate the account of any User who sends out SPAM with or without notice.
  7. Websites advertised via SPAM (i.e. Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSOmay use our Services. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
  8. Please familiarize yourself with the CAN-SPAM Act. Information about the CAN-SPAM Act may be found by accessing the following link: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
  9. Defamation and Objectionable Content
    1. We value the freedom of expression and encourages Users to be respectful with the content they post. As a webhost, we are not a publisher of User content and generally not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. Accordingly, we generally require a court order from a court of competent jurisdiction, as determined by the Company in its sole discretion, to take down alleged defamatory or objectionable content. However, we reserve the right to disable or remove any content to prevent harm to others or to the Company, as determined in our sole discretion.
    2. Enforcement
    1. If there is a violation of this AUP by a User of a Reseller, we will suspend the account in question and notify the Reseller so that the Reseller can address the matter with the User. The occurrence of additional violations on a User account may result in the immediate suspensions or termination of your Reseller account.
  10. Direct customers.
    1. Your Services may be terminated with or without notice upon any violation of this AUP.
  11. If applicable, violations will be reported to the appropriate law enforcement agency.
  12. A failure to respond to an email from our compliance team within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.
  13. We reserve the right to enforce, or not enforce, this AUP in our sole discretion.
  14. Reporting violations of this AUP. If you feel you have discovered a violation of our AUP, please complete the Report Abuse form, or email us at [email protected] file was last modified on April 07, 2020.

 

Infringement Policy

Eiwebs takes intellectual property rights very seriously and it is our policy to respond to clear notices of alleged copyright infringement. This Copyright Policy describes the information that should be present in these notices and is incorporated by reference into our Terms of Service . It is designed to make submitting notices of alleged infringement to us as straight forward as possible while reducing the number of notices that we receive that are fraudulent or difficult to verify. Unless otherwise stated, defined terms in this Copyright Policy have the meanings provided in the Terms of Service .

COMPLAINT PROCEDURE:

To file a notice of alleged infringement with us, a complainant must provide a written notice that includes the complainant’s full contact information and sets forth the items specified below.

  1. Name, address, phone number, email address (if available) and physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;
  2. Identification of the copyrighted work(s);
  3. Identification of the infringing material you are asking us to remove or disable, and the Internet location of the infringing material;
  4. Any additional information required to be included in a copyright infringement complaint under applicable law (as we may request from you as necessary)
  5. A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent or the law;
  6. A statement that the information in the complaint is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; AND
  7. Your signature.

Please submit your complaint in one of the following ways:

 

Please note that you maybe liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyright. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Eiwebs may respond to take-down notices by removing or disabling access to the allegedly infringing material and/or by terminating services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact you and/or administrator of the affected site or content.

Eiwebs may document notices of alleged infringement it receives and/or on which we action is taken. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.

COUNTER NOTICE PROCEDURE FOR CUSTOMERS:

Upon receipt of notice from Eiwebs that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, you may provide a counter notice pursuant to applicable law.

To be effective, a counter-notice must include ALL of the following information:

  • A physical or electronic signature;

 

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

 

  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

 

  • Your name, address, and telephone number, and a statement that the customer consents to the jurisdiction of Federal District Court for the judicial district in which you are located, or if your address is outside of the United States, the jurisdiction of the U.S. District Court for the District of Massachusetts, and that you will accept service of process from the complainant or the complainant’s agent.

Upon receiving a proper counter-notice pursuant to applicable law, Eiwebs will take reasonable steps to restore the material in 10-14 business days unless the copyright owner commences court proceedings to prevent the restoration of the material and Eiwebs is informed of such proceedings.
This file was last modified on August 1, 2017.

 

Backup Policy

We undertake periodic backups of data on our shared hosting servers, email infrastructure but the final responsibility for all backups of the data on your hosting packages rests with you. We strongly recommend that you take periodic backups and store them at your end so that you have multiple options in case of necessity for a restore. You may request us for a backup of the last 7 days (from the date of request) and in most cases we will be able to provision this from our disaster recovery backups. However, this is not a part of our core hosting services and is merely a last resort. We will try our best to help you out but backups provisioning and restoration is an extremely time and resource intensive process and hence we can only promise a best effort service in this regard. We strongly recommended that you make use of CodeGuard for reliable and cheap offsite back ups. Read more here – https://eiwebs.com/codeguard On VPS, Dedicated servers, Managed Servers, OX Email we do not maintain any backups that can be restored on a per server or package basis. For Managed Servers, you can buy additional SAN storage or another server and request us for backup configuration and we will be able to set this up for you. Modifying Firewall Rules for Dedicated/Managed Servers: On your backup request, We will share a list of IPs to be whitelisted in your firewall at all times to enable us to create the backup archive. If there is a rule in iptables (server firewall) to block all connections or allow connections only from specific IP which does not include the ones shared in response to your ticket, we retain the right to reboot the server in single user mode, stop the iptables service and then access the server in order to check the abuse complaint reported without prior notice, if need be. Note: Eiwebs requires a fee of USD 15 to provide backup on the Shared Hosting package, USD 50 for a Reseller Hosting package upto 10 cPanel Accounts.

Data Request Policy

  1. Privacy Policy. Please see our Privacy Policy for further information on what type of information we collect, how it is used and when it may be disclosed. Subject to our Privacy Policy, this Data Request Policy describes the types of requests for data that we may receive and how we may respond to such requests.
  2. Types of Requests. We receive the following types of requests concerning customer data:
    1. Data Requests. A data request is a request for information or documents relating to customer accounts in connection with official criminal investigations or other official legal proceedings. Except in limited emergency situations (see below), we require data requests to be made through formal U.S. legal process and procedures, and we respond to such requests as required by law. Examples of data requests include:
      1. Subpoenas
      2. Court Orders
  • Search Warrants
  1. Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States
  2. Other forms of legal process such as Civil Investigative Demands
  1. Preservation Requests. A preservation request asks Eiwebs to preserve customer account records in connection with official criminal investigations or other official legal proceedings. Preservation requests must include the following information:
    1. Identification of the account(s) at issue (as further described in Section 4 below);
    2. Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead );
    3. Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that we are being asked to retain; and
    4. A valid return email address and phone number.
  2. Emergency Requests. An emergency request is only appropriate in cases involving imminent serious bodily harm or death. We respond to emergency requests when we believe in good faith that such harm may occur if we do not respond without delay.
  1. Notice to Customers. Our policy is to notify customers of requests for their data unless we are prohibited from doing so by statute or court order.
  2. Information to Include in a Request. The following information must be included in a request for customer data:
    1. First and last name of the customer and email address associated with the account; and
    2. Domain name and/or IP address associated with the account.

We may not be able to respond to a request without this information.

Additionally, we reserve the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to the pending litigation and the underlying subpoena.

  1. Submitting a Request. All requests should be mailed or emailed to the following:

email to: [email protected]

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER. DUE TO THE VAGARIES OF THE INTERNET AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE, WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

  1. Fees. We may seek reimbursement for costs in responding to requests as provided by law and may charge additional fees for costs in responding to unusual or burdensome requests.
  2. Available Information. Depending on the type of formal legal process provided, we may be able to respond with one or more of the following types of data:
    1. Non-Content. We will produce non-content information such as basic subscriber information which may include the following subject to a valid request:
      1. Name
      2. Email addresses
  • Date and time of account creation
  1. Billing information
  2. IP Logs
  1. Content. We will only produce customer content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.

This file was last modified on August 1, 2017.

Reseller Agreement

This Reseller Agreement (the “Agreement”) is made, entered into and executed on the date on which you electronically consent to the Agreement (the “Effective Date”), by and among you (“Reseller”), The sponsoring ICANN-accredited registrar (“Registrar”) identified in the WHOIS record which may be retrieved here ,and either (i) Eiwebs (U.S.) LLC (for all Resellers outside of  USA) (“PDR”) or (ii) Endurance International Group (US) Private Limited (for all Resellers in ME) (“DWTPL”). The Registrar, PDR and DWTPL are subsidiaries of The Endurance International Group, Inc. and may hereinafter be collectively referred to as the “Company.” The Company and Reseller may be referred to individually as a “Party” and collectively as the “Parties.” WHEREAS, the Registrar processes Customers’ domain registrations, renewals and transfers using the Registrar’s credential (“Registration Services”); WHEREAS, the Company provides Reseller Services and performs all technical, support and administrative functions relating to such Reseller Services, including Registration Services; and WHEREAS, Reseller wishes to purchase and resell Reseller Services. NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows:

  1. DEFINITIONS
      1. “Advance Account” refers to the balance of funds maintained by Reseller with the Company as required in the Reseller Program.
      2. “Business Day” refers to a weekday, Monday through Friday, excluding all India or U.S. public holidays as applicable.
      3. “Confidential Information,” as used in this Agreement, shall mean all data, information and materials including, without limitation, computer software, data, information, databases, protocols, reference implementation, documentation, functional and interface specifications, provided by the Company to Reseller under this Agreement, whether written, transmitted, oral, through Registrar Website or otherwise, that is marked as “Confidential” or that by its nature and content, it is reasonable to believe is confidential and proprietary.
      4. “Controller” shall be defined as it is under the GDPR.
      5. “Customer” refers to the direct or indirect customer of Reseller.
      6. “Fees” refers to the payment due to the Company pursuant to any Order.
      7. “GDPR” shall refer herein to Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
      8. “gTLD” refers to the top-level domain(s) of the DNS delegated by ICANN pursuant to a registry agreement that is in full force and effect, and does not include any country code TLD (“ccTLD”) or internationalized domain name (“IDN”) country code TLD.
      9. “ICANN” is the Internet Corporation for Assigned Names and Numbers.
      10. “Order” refers to a Reseller Service purchased directly or indirectly by a Reseller, pursuant to this Agreement.
      11. “Personal Data” is data about any identified or identifiable natural person.
      12. “Processor” shall be defined as it is under the GDPR.
      13. “RAA” is the Registrar Accreditation Agreement entered into by ICANN and Registrar, or one of Registrar’s affiliated companies.
      14. “Registered Name” is a domain name within the domain of a gTLD or ccTLD, consisting of two or more levels (e.g., john.smith.name), for which a TLD Registry Operator (or an affiliate or subcontractor thereof engaged in providing registry services) maintains data in a database operated by the Registry Operator, arranges for such maintenance, or derives revenue from such maintenance.
      15. “Registered Name Holder” is the owner of record of a Registered Name as listed in the Whois record.
      16. “Registrar Website” refers collectively to [www.publicdomainregistry.com] and [BRAND SITE].
      17. “Registry Operator” is the person or entity responsible for providing registry services for a specific gTLD or ccTLD.
      18. “Reseller Contact Details” refers to the name, address, phone number, fax number, email address, and website(s) of Reseller that Reseller provides to Registrar.
      19. “Reseller Program” refers to any of the Company’s current reseller programs which provide Resellers and its Customers with direct or indirect use of the Company’s servers, software, interfaces, products and API and third party products, as currently described or later modified, and any reseller programs to be offered by the Company in the future.
      20. “Reseller Services” refers to all products and services which the Company is providing, rendering, or selling directly to Reseller or which Company makes available to Reseller for resale to Customers as applicable pursuant to this Agreement, including but not limited to the Registration Services.
      21. “Service Providers” refers individually and collectively to any third party that the Company may, directly or indirectly, engage, employ, outsource, or contract with for the fulfillment, provision, or purchase of Reseller Services and any other services and operations of the Company, and shall have the same rights as the Company to the extent required to perform services pursuant to the terms of this Agreement and as authorized by the Company.
    1. RIGHTS AND OBLIGATIONS OF REGISTRAR
        1. Pursuant to the Whois Accuracy Specification Programpublished by ICANN, Registrar shall verify the email address of the Registered Name Holder by sending an email to the Registered Name Holder requiring an affirmative response from the Registered Name Holder which must be returned in a manner designated by the Registrar. Such verification must occur within fifteen (15) days of registration, transfer, or modification of the Registered Name Holder’s Whois contact information. If the Registered Name Holder fails to verify the email address, Registrar shall suspend the Registered Name. In addition, within fifteen (15) calendar days after receiving any changes to the Whois contact information related to any Registered Name sponsored by Registrar, Registrar shall attempt to validate such change. If the Registered Name Holder fails to verify the contact changes, Registrar shall suspend the Registered Name.
        2. Pursuant to the Expired Registration Recovery Policy(the “ERRP”), Reseller shall send expiration renewal reminders to the Registered Name Holder via email and must suspend services to the domain upon expiration pursuant to the ERRP.
        3. The Company expressly reserves the right to deny any Order or cancel any Order within thirty (30) days of processing. In such case, the Company may refund the fees charged for the Order, after deducting any processing charges for the Order.
        4. Notwithstanding anything to the contrary, the Company expressly reserves the right to, without notice or refund: (i) access, delete, suspend, deny, cancel, modify, intercept, analyze, copy, backup, redirect, log usage of, monitor, limit access to or of, take ownership of, or transfer any Order; (ii) delete, suspend, freeze, or modify Reseller’s access to Reseller Services; (iii) publish, transmit, share data from any Order with any person or entity, or contact any entity associated with an Order, to recover any payment from Reseller for any service rendered by the Company including Reseller Services related to this Agreement for which Reseller has been notified and requested to remit payment; (iv) publish, transmit, share data from any Order with any person or entity, or contact any entity associated with any Order pursuant to the Company’s Privacy Policy, or (v) correct any mistakes associated with any Order, including with processing or executing any Order, with retroactive effect.
        5. In case an Order has expired, is suspended, or if a Registered Name does not contain valid information to direct it to any destination, the Company may redirect any Registered Name to any Internet Protocol (“IP”) address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for monetization purposes (“Redirection”); provided however, Reseller may opt out of such Redirection by providing the Company with written notice; provided, further that Company may perform any activity, including Redirection or disruption of a web page as required under ICANN’s Expired Registration Recovery Policy. Reseller acknowledges that the Company does not control and is not able to monitor the content on any redirected web page, including whether the content infringes any legal rights, including but not limited to, intellectual property rights or violates any other rights or any applicable rule, regulation or law. Accordingly, Registrar expressly disclaims any liability or damages caused directly or indirectly by such redirection.
        6. The Reseller Services are subject to export control and economic sanctions laws, rules, regulations and/or Executive Orders administered or enforced by the United States Department of Commerce, Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Reseller Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Reseller Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions as may be updated from time to time (including Cuba, Iran, Syria, North Korea or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, the Company also does not register, and prohibits the use of any of the Reseller Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Reseller Services. The Company may terminate any Reseller or Customer account that the Company determines, in its sole discretion, is in violation of any U.S. Trade Laws.
        7. Registrar may utilize all information necessary from any and all Orders to comply with the data escrow deposit requirements established by paragraph 3.6 of the RAA and any other policies and procedures established by ICANN relating to data escrow deposits.
      1. RIGHTS AND OBLIGATIONS OF RESELLER
          1. Reseller must enter into a paper or electronic registration agreement (“Customer Domain Registration Agreement”) with each of its Customers substantially similar to the Domain Registration Agreement. The Customer Domain Registration Agreement shall contain all provisions and notices required by the RAA and any applicable ICANN Consensus Policies, including, but not limited to the following:
            1. Reseller shall be required to submit to Registrar accurate and reliable contact details for any Registered Name and to correct and update such contact details within seven (7) days of receiving any notice of such change during the term of any Registered Name registration. For purposes of this section, contact details include: full name, postal address, e-mail address, telephone number, and fax number, if available, of the Registered Name Holder; name of authorized person for contact purposes if the Registered Name Holder is an organization, association, or corporation; and the data elements listed in RAA Subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8.
            2. A Registered Name Holder’s willful provision of inaccurate or unreliable information or failure to update information provided to Registrar via Reseller within fifteen (15) days of receiving an inquiry from Reseller or Registrar concerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of the Customer Domain Registration Agreement between Customer and Reseller and will be a basis for suspension and/or cancellation of the Registered Name registration.
  • Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information sufficient to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name shall accept liability for any harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
  1. Reseller shall notify each new or renewed Registered Name Holder of, and shall obtain consent for, each of the following:
    1. The purposes for which any Personal Data collected from the Customer are intended;
    2. The intended recipients or categories of recipients of the data, including the Company and the Registry Operator and others who will receive the data from Registry Operator;
    3. Which data are obligatory and which data, if any, are voluntary; and
    4. How the Registered Name Holder or data subject can access and, if necessary, correct the data held about them.
  2. Registered Name Holder shall represent that notice has been provided equivalent to that described in RAA Subsection 3.7.7.4to any third-party individuals whose Personal Data are supplied to the Company by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in RAA Subsection 3.7.7.5 of any such third-party individuals.
  3. Reseller agrees that it will not process Personal Data collected from the Registered Name Holder in any way incompatible with the purposes or limitations stated in its notice to the Registered Name Holder provided in accordance with RAA Subsection 3.7.7.4.
  • Reseller agrees that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
  • Registered Name Holder shall represent that, to the best of the Registered Name Holder’s knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
  1. For the adjudication of disputes concerning or arising from use of a Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where Registrar is located.
  2. Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN specification or policy, or pursuant to any registrar or registry procedure not inconsistent with any ICANN specification or policy: (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
  3. Customer shall indemnify and hold harmless both Company and Registry Operator and each of its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder’s domain name registration.
  • Reseller shall identify the registrar of record when requested.
  • Reseller shall require its Customers to consent to ICANN’s Uniform Domain-Name Dispute-Resolution Policy and Uniform Rapid Suspension (URS).
  • Reseller shall require its Customers to agree to explicitly authorize Registrar to act as designated agent to approve a change of registrant on behalf of the prior registrant and the new registrant, consistent with the requirements of ICANN’s Transfer Policy.
  1. Reseller and Customer shall agree that the Company shall be an intended third party beneficiary to the Customer Domain Registration Agreement.
  1. Reseller agrees that Reseller Services under this Agreement may be made available to a Customer only after the Customer enters into a legally binding agreement which is no less protective of the Company than this Agreement and which contains the same obligations on the Customer contained herein as applicable to Reseller. Reseller acknowledges and agrees that Reseller will be responsible for ensuring each Customers’ compliance with applicable terms and conditions, including with respect to Section 3, and shall be responsible for any liability resulting from Customer’s noncompliance with such terms and conditions.
  2. Reseller shall identify the sponsoring registrar upon inquiry from Customer.
  3. Reseller shall comply with any ICANN-adopted Specification or Policy that establishes a program for accreditation of providers of proxy and privacy registration services (a “Proxy Accreditation Program”). Among other features, the Proxy Accreditation Program may require that: (i) proxy and privacy registration services may only be provided by individuals or entities accredited by ICANN pursuant to such Proxy Accreditation Program; and (ii) Registrar prohibits Resellers from knowingly accepting registrations from any provider of proxy and privacy registration services that is not accredited by ICANN pursuant to the Proxy Accreditation Program. Until such time as the Proxy Accreditation Program is established, Reseller shall comply with the Specification on Privacy and Proxy Registrations.
  4. Reseller shall clearly display on any website it operates for domain registration or renewal a link to ICANN’s Registrants’ Benefits and Responsibilities (currently available at http://www.icann.org/en/resources/registrars/registrant-rights/benefits) and shall not take any action inconsistent with the corresponding provisions of the RAA or applicable law.
  5. Reseller shall clearly display on any website it operates for domain registration or renewal a link to the appropriate ICANN webpage detailing Registrant Educational Information (currently available at http://www.icann.org/en/resources/registrars/registrant-rights/educational).
  6. Reseller shall not display the ICANN or ICANN-Accredited Registrar logo, or otherwise represent themselves as accredited by ICANN, unless they have written permission from ICANN to do so.
  7. Reseller shall be responsible for providing customer service, billing support and technical support to Customers.
  8. Reseller acknowledges that in the event of any dispute and/or discrepancy concerning any data element of any transaction, the data element in Registrar’s records shall prevail.
  9. Reseller acknowledges that all information about any Customer that Reseller transmits to the Company is delivered in a manner that is reasonably accessible by the Company.
  10. Reseller shall not make any changes to any information or configuration of an Order without explicit authorization from Customer of that Order.
  11. Reseller acknowledges that Reseller Services may be obtained through Service Providers, and as such, changes in structure or contracts may occur, and as a result services may be adversely affected. Reseller acknowledges and agrees that the Company shall not have any liability associated with any such occasion.
  12. Reseller agrees to provide to the Company complete and accurate Reseller Contact Details and to update any Reseller Contact Details within seven (7) calendar days of any change.
  13. During the Term of this Agreement and for two (2) years thereafter, Reseller shall maintain the following records relating to its dealings with us, Customers, prospective Customers and/or their agents or authorized representatives, in electronic, paper or microfilm form:
    1. All current and past Orders with Reseller, including dates and amounts of all payments, discount, credits and refunds;
    2. Customer’s acceptance of Reseller’s Customer Domain Registration Agreement, including date, time, and Registered Name;
  • All information relating to the request for a transfer of a Registered Name to or from Registrar, in accordance with ICANN’s Transfer Policy; and
  1. All written communications with respect to Reseller Services.
  1. Reseller shall provide these records to us within seven (7) calendar days of our request.
  2. Reseller represents and warrants to the Company that Reseller shall provide notice to each new or renewed Registered Name Holder stating: (i) the purposes for which any Personal Data collected from Customer are intended; (ii) the intended recipients or categories of recipients of the data (including the Company, Registry Operator and others who will receive the data from Registry Operator); (iii) which data are obligatory and which data, if any, are voluntary; and (iv) how the Registered Name Holder or data subject can access and, if necessary, correct the data held about them. Reseller shall obtain consent from the Registered Name Holder for such data processing.
  3. Reseller shall comply with the Data Retention Specificationestablished by ICANN. In the event Registrar must request disclosure of any information covered by the Data Retention Specification in order to perform required self-audits or as otherwise required to comply with a request from ICANN, Reseller is required to disclose information identified in the Data Retention Specification within seven (7) calendar days of Reseller’s request. Any privacy policy established by Reseller shall disclose the potential use of this information in this manner.
  4. Reseller shall comply with the validation requirements contained in Section 1(a)-(d) of the Whois Accuracy Program SpecificationWhois Accuracy Program Specification . Reseller will have ninety (90) days from the date of notification by Reseller to comply with the requirements of Section 1(e) of the Whois Accuracy Program Specification
  5. Reseller shall comply with ICANN’s Expired Registration Recovery Policy.
  6. When requested by the Company, Reseller shall comply with all requests for production of information to confirm compliance within the date specified in the request. Failure to comply with such a request shall constitute a material breach of this Agreement and may result in termination and/or temporary suspension of services pursuant to Section 6 below.
  7. Reseller agrees that by using Reseller Services, Reseller also agrees to the Company’s Terms and Conditions found here. Reseller shall comply with all other terms or conditions established from time to time by the Company, Registrar’s Service Providers, ICANN (including any requirement for which Registrar must comply with ICANN), and/or Registry Operators.
  1. RESELLER’S GDPR OBLIGATIONS
      1. Notwithstanding anything to the contrary contained herein, if the GDPR applies to you and/or your Customers, you also agree to the following additional terms:
      2. For purposes of the GDPR, you acknowledge and agree, with respect to your Customers’ Personal Data, that: (i) you and the Registrar are both a Controller of such Personal Data as it pertains to Registration Services; and (ii) you are the Controller and the Company is a Processor (as that term is defined in the GDPR) of such Personal Data as it pertains to all other Reseller Services that are not Registration Services. You also acknowledge and agree that you are responsible for complying with all obligations of a Controller under the GDPR.
      3. You represent and warrant that in using the Reseller Services, you will clearly describe in writing with your Customers how you plan to use any Personal Data collected and you will ensure you have a legitimate legal basis to transfer such Personal Data to us and that you have the necessary permission to allow us to receive and process Personal Data and to send communications regarding the processing of Customers’ Personal Data to Customers on your behalf.
      4. Controller to Processor. You agree to the terms of the Data Processing Agreement set forth where you are a Controller and the Company is Processor as it pertains to all Reseller Services that are not Registration Services subject to the GDPR.
      5. Controller to Controller. You also agree to the terms of the Data Processing Addendum set forth where both you and the Registrar are a Controller as it pertains to Registration Services subject to the GDPR.
    1. RESELLER REPRESENTATIONS AND WARRANTIES
        1. Reseller represents and warrants that: (i) it is a sole proprietor, partnership, or corporation duly incorporated, validly existing and in good standing under the laws of the state/country of its domicile; (ii) it has all requisite legal power and authority to execute, deliver and perform its obligations under this Agreement; (iii) the execution, performance and delivery of this Agreement by its officers, employees and agents has been duly authorized by Reseller; (iv) no further approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by Reseller in order for it to enter into and perform its obligations under this Agreement; (v) Reseller is not in violation of any U.S. Trade Laws; (vi) Reseller is not in violation of any third party’s intellectual, proprietary or other rights; and (vii) there is no pending or, to the best of Reseller’s knowledge, threatened claim, action, or proceeding against Reseller.
        2. Reseller represents and warrants that Reseller does not and shall not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using Reseller Services under this Agreement. Reseller further acknowledges that the Company cannot and does not monitor whether any services or the use of the services by Reseller under this Agreement, infringes the legal rights of others.
      1. TERM AND TERMINATION
          1. The term of this Agreement commences on the Effective Date and continues until terminated pursuant to the terms herein (the “Term”).
          2. Termination.
            1. Termination Rights.
              1. Unless otherwise provided in this Agreement, the Company may terminate this Agreement at any time by giving the Reseller thirty (30) days’ written notice of termination. Any domain registrations made by Reseller with Registrar during the Term of this Agreement shall remain with Registrar unless the Registered Name Holder initiates a change of registrar as outlined in Section 6(c) below.
              2. The Company may terminate this Agreement at any time, with or without notice, in its sole discretion: (i) to protect the integrity and stability of Reseller Services; (ii) to comply with any applicable laws, government rules or requirements, or any applicable dispute resolution process; or (iii) to avoid any liability, civil or criminal, on the part of Registrar and/or its Service Providers, or their affiliates, subsidiaries, officers, directors and employees.
            2. Termination for Cause.The Company may immediately terminate the Agreement by written notice to Reseller in the case of any actual or potential breach or violation of this Agreement, the Customer Domain Registration Agreement or any other agreements contemplated by this Agreement by Reseller or its Customers , including but not limited to any representations and warranties hereunder.
  • Termination for Inactivity.In the event Reseller has no transactions for a period of one hundred and eighty (180) consecutive days and no other currently active Reseller Services purchased by Customers, the Company may immediately terminate this Agreement by written notice to Reseller.
  1. Effect of Termination.
    1. Upon termination of this Agreement, Registrar will complete pending domain registrations or renewals of domain names processed by Reseller prior to the date of termination.
    2. Immediately upon any termination of this Agreement, Reseller shall transfer to the Company all information deemed necessary by the Company regarding the Registered Name Holders.
  • Any and all domain name registrations made through Registrar during the Term of this Agreement shall remain with Registrar as registrar unless Registered Name Holder initiates a registrar transfer in compliance with ICANN’s Transfer Policy and any other applicable transfer policies established by ICANN and/or Registrar Operator.
  1. Registrar reserves the right in its sole discretion to refuse to renew domains and related services upon termination of this Agreement.
  1. FEES, PAYMENTS & TAXES
      1. Advance Account.Resellers are required to maintain an Advance Account. Payment to the Advance Account may be made by credit card. Payment is expected to appear as available credit in the Advance Account within approximately forty-eight (48) hours.
      2. As per the applicable Reseller Program terms, the Fees will either be deducted from the Advance Account or charged directly to the Customer when the Order is processed. The Company reserves the right to hold or otherwise cancel any Order for which there are insufficient funds in the Advance Account to cover the fees associated with the Order. Registrar may also deduct appropriate bank charges, processing charges, or other service fees it may levy against Reseller directly from the Advance Account. The Company reserves the right to hold or otherwise cancel any Order if Reseller does not maintain a valid credit card on file, if required by the Company.
      3. In the event that Reseller issues a chargeback for any payment to Company, Company may immediately debit the Advance Account, if applicable, or charge Reseller for the amount of the chargeback as well as any fees levied against Company by its payment processor for such chargeback. Any negative balance on the Advance Account will be immediately due and payable via guaranteed funds. Company reserves the right to temporarily or permanently suspend Reseller’s access to Reseller Services or terminate this Agreement if Reseller issues a chargeback.
        1. Reseller may be eligible for a refund of an Order in the following circumstances (each a “Refund Event”):
          1. Registration of a Registered Name that is deleted within the add-grace period established by the appropriate Registry Operator and for which the Registrar is eligible to receive a refund from the Registry Operator. In most circumstances, the Registry Operator requires that such deletion be requested within five (5) days of the date of the registration;
          2. Non-explicit renewals of a Registered Name for which the Registrar is eligible to receive a refund from the Registry Operator. In most circumstances, the Registry Operator requires that such refund must be requested within thirty (30) days of the date of the non-explicit renewal; or
          3. Whois privacy services that are canceled in association with Registered Names eligible for refunds pursuant to Section 7(d)(i)(A) or (B). Such refund must be requested within thirty (30) days of the date of the Whois privacy purchase or renewal.
        2. The Company reserves the right to issue refunds in its sole discretion at any time in connection with any Refund Event. Refunds will be credited to Reseller’s credit card on file or to Reseller’s Advance Account. Refunds will not accrue, and shall not be paid under any circumstances, if (A) Reseller does not submit a request for a refund to Registrar within the timeframe required by the Registry Operator in Sections 7(d)(i)(A) and (B), (B) Reseller does not include current Reseller Contact Details with its request for such refund (C) Reseller’s credit card information is not on file with Registrar at the time the refund is first due to be paid or Reseller does not then have an Advance Account with Registrar, or (D) Registrar is unable to obtain a full refund from Registry Operator for the applicable Refund Event.
      4. The Company will display the current price for each Reseller Service within Reseller’s account. The Company has the right to modify its pricing at any time, and any such modification will be binding and effective immediately upon notification by email to Reseller or upon posting within Reseller’s account.
      5. Expiration of Registered Names.
        1. Reseller acknowledges that it is Reseller’s responsibility to keep records and maintain reminders regarding the expiry of any Reseller Service purchased by or for a Customer. As a convenience to Reseller, and not as a binding commitment, we may notify Reseller of any such expiring Reseller Services via an email message sent to the email address listed in the Reseller Contact Details.
        2. Reseller acknowledges that after expiration of a Registered Name, Reseller has no rights to such Registered Name, or any information associated with it, and that control of such Registered Name shall belong to Registrar. Following expiration of a Registered Name, Registrar may choose, in its sole discretion, to delete a Registered Name or to transfer the ownership of the Registered Name to any third party. Reseller acknowledges that Registrar shall not be liable to Reseller or any third party for any action performed under this clause.
      6. Reseller shall be responsible for any and all applicable taxes in connection with this Agreement and the Reseller Services.
    1. INDEMNIFICATION
      1. Indemnification of Registrar.Reseller shall indemnify, hold harmless, and defend the Company and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, the Registry Operators, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (collectively, the “Indemnified Parties”) from any and all any actions, causes of action, suits, proceedings, claims, or demands of any third party and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses, including without limitation, reasonable attorneys ’ fees and costs (each a “Claim”), which arise out of: (i) your breach of this Agreement or any of the Company’s policies applicable to the Reseller Services, (ii) the operation, registration or use of a domain registered by you, or (iii) any negligent act or omission by you.
      2. Indemnification of ICANN and Registry Operators.You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all Claims arising out of or related to your domain registration and any disputes regarding the same. Some Registry Operators may not allow this indemnification provision to apply as contained herein, in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.
    2. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
      1. Disclaimer of warranty.THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A REGISTERED NAME OR OF THE RESELLER SERVICES UNDER THIS AGREEMENT WILL PREVENT (i) CHALLENGES TO THE REGISTERED NAME OR (ii) SUSPENSION, CANCELLATION OR TRANSFER OF ANY REGISTERED NAME REGISTERED PURSUANT TO THIS AGREEMENT.
      2. Limitation of liability.YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF THE INDEMNIFIED PARTIES, WILL BE LIABLE FOR ANY OF THE FOLLOWING: (i) SUSPENSION OR LOSS OF THE REGISTERED NAME ACQUIRED PURSUANT TO THIS AGREEMENT FOR ANY REASON; (ii) USE OF THE REGISTERED NAME BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (iii) INTERRUPTION OF BUSINESS; (iv) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS TO OBTAIN THE RESELLER SERVICES; (v) DATA NON-DELIVERY, MIS-DELIVERY,CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (vi) EVENTS BEYOND THE CONTROL OF COMPANY OR ANY OF THE INDEMNIFIED PARTIES; (vii) THE PROCESSING OF ANY REGISTERED NAME; (viii) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; (ix) APPLICATION OF SECTION 14; OR (x) ANY LOSS OR DAMAGES THAT MAY RESULT FROM TERMINATION OF THIS AGREEMENT. THE COMPANY AND THE INDEMNIFIED PARTIES ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S OR ANY OF THE INDEMNIFIED PARTIES’ MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL ACTUAL AMOUNT PAID FOR THE RESELLER SERVICES.
    3. INTELLECTUAL PROPERTY
        1. Intellectual Property. Subject to the provisions of this Agreement, each Party will continue to independently own its respective intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property worldwide, whether or not registered. Any use of and improvements to intellectual property will inure to the benefit of, and continue to be owned by, the Party that owns such intellectual property. Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual or other proprietary rights are granted by the Company to Reseller.
      1. OWNERSHIP AND USE OF DATA
          1. Reseller agrees and acknowledges that the Company owns all rights, title and interests worldwide in Registrar’s domain database (“Domain Database”), and all information and derivative works generated from such Domain Database, including without limitation information relating to Registered Names, Registered Name Holders, and the Reseller Services provided to you. Reseller further agrees and acknowledges that Registrar may use the following information in connection with providing Reseller Services and as required for domain registrations for which Registrar is the registrar of record: (i) the original creation date of the registration; (ii) the expiration date of the registration; (iii) the name, postal address, email address, telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (iv) any remarks concerning the registered domain that appear or should appear in the Whois or similar database; and (v) any other information Registrar generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. Registrar does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database. Registrar agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration or destruction.
          2. The Company and Service Providers and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as may be required for compliance with any agreements executed by Registrar to provide the Reseller Services pursuant to the terms of this Agreement.
        1. MODIFICATIONS TO RESELLER SERVICES AND AGREEMENT
            1. The Company reserves the right to modify or discontinue, temporarily or permanently, Reseller Services with or without notice at any time. The Company shall not be liable to Reseller or to any third party for any modification, suspension or discontinuance of Reseller Services.
            2. Except as otherwise provided in this Agreement, Reseller agrees that, during the Term of this Agreement, the Company may revise the terms and conditions of this Agreement. The Company will notify Reseller of any material changes to the Agreement, and, if Reseller objects, Reseller agrees that its only recourse is termination of this Agreement with ten (10) days’ prior written notice to the Company pursuant to Section 16(e) below. In the event that revisions to the RAA or any applicable registry or other governmental or non-governmental authority contract are made, the Company may publish an amendment substituting the revised agreement in place of this Agreement, or otherwise amending, modifying or replacing this Agreement, without prior notice to Reseller if required to do so by ICANN, applicable Registry Operator, or other governmental or non-governmental authority. Reseller agrees to periodically review the Registrar Website, including the current version of this Agreement, to be aware of any such revisions. The Company is not bound by nor should Reseller rely on any representation by (i) any agent, representative or employee of any third party that Reseller may use to apply for the Reseller Services; or (ii) on information posted on the Registrar Website of a general informational nature. Moreover, no employee, contractor, agent or representative of the Company is authorized to alter or amend the terms and conditions of this Agreement. Only the Company may amend this Agreement through its authorized amendment procedures.
          1. CONFIDENTIALITY
              1. Use of Confidential Information. Reseller’s use and disclosure of Confidential Information disclosed hereunder are subject to the term and conditions of this Section. With respect to the Confidential Information, Reseller agrees that:(i) Reseller shall treat as strictly confidential, and use all reasonable efforts to preserve the secrecy and confidentiality of all Confidential Information received from the Company, including implementing reasonable physical security measures and operating procedures designed to protect the same, which in any case, shall not be less stringent than the measures Reseller takes to protect its own confidential information; and (ii) Reseller Shall make no disclosures whatsoever of any Confidential Information to others, provided however, that if Reseller is a corporation,partnership, or similar entity, disclosure is permitted to Reseller’s Officers and employees who have a demonstrable need to know such Confidential Information, provided Reseller shall advise such personnel of the confidential nature of the Confidential Information and of the procedures required to maintain the confidentiality thereof. The obligations set forth in this section shall be continuing; provided, however, that this section imposes no obligation upon Reseller With respect to information that: (x) is disclosed after the Company’s prior written approval; (y) is independently developed by Reseller without the use of the Confidential Information; or (z) is made generally available by the Company without restriction on disclosure.
              2. In the event of any termination of this Agreement: (i) all Confidential Information in Reseller’s possession shall be immediately returned to the Company or, at the Company’s sole option, Reseller shall certify as to the destruction of such Confidential Information; (ii) Reseller shall provide full voluntary disclosure to the Company of any and all unauthorized disclosures and/or unauthorized uses of any Confidential Information; and (iii) the obligations of this section shall survive such termination and remain in full force and effect for a period of five (5) years.
              3. Reseller agrees that the Company shall be entitled to seek all available legal and equitable remedies for the breach of this Section 13 by Reseller.
            1. ARBITRATION; GOVERNING LAW
                1. Arbitration.
                  1. Unless you are in India, you also hereby agree to the Company’s Arbitration Agreement, which is incorporated into this Agreement by reference and can be found here.
                  2. Alternatively, if you are in India, the following provision applies to you:
                    1. All disputes, controversies and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement (“Dispute”) shall be referred to and resolved by arbitration in Mumbai, India under the provisions of the Arbitration and Conciliation Act, 1996; provided that, to the extent a party may suffer immediate and irreparable harm for which monetary damages would not be an adequate remedy as a result of the other party’s breach or threatened breach of any obligation hereunder, such party may seek equitable relief, including an injunction, from a court of competent jurisdiction, which shall not be subject to this Section. The arbitration tribunal shall consist of one (1) arbitrator jointly appointed by the parties within fifteen (15) days from the date of first recommendation for an arbitrator in written form for a party to the other. If the parties fail to agree on appointment of such arbitrator, then the arbitrator shall be appointed as per the provisions of Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. As part of the terms of the appointment of the arbitrator(s), the arbitrator(s) shall be required to produce a final and binding award or awards within six (6) months of the appointment of the sole arbitrator (jointly appointed by the parties). Parties shall use their best efforts to assist the arbitrator(s) to achieve this objective, and the parties agree that this six (6) month period shall only be extended in exceptional circumstances, which are to be determined by the arbitrator(s) in its absolute discretion. The arbitral award passed by the arbitrator shall be final and binding on the parties and shall be enforceable in accordance with its terms. The arbitrator shall state reasons for its findings in writing. The parties agree to be bound thereby and to act accordingly. All costs of the arbitration shall be borne equally by the parties.
                  3. Governing LawUnless you are in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts. If you are in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Republic of India. Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
                2. MISCELLANEOUS
                    1. Personal Data.The Company incorporates its Privacy Policy by reference. Please read our Privacy Policy by clicking here . In addition,you hereby represent that you have provided the Company’s Privacy Policy to any person whose personal data you disclose to the Company and that you have obtained their consent to the foregoing.
                    2. Force Majeure.Force Majeure. Neither Party shall be deemed in default of this Agreement to the extent of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government,or any other cause beyond the reasonable control of such Party; provided, that the Party whose performance is affected by any such event gives the other Party written notice thereof within ten (10) Business Days of such event or occurrence.
                    3. Reseller may not assign or transfer this Agreement or any of Reseller’s rights or obligations hereunder, without the prior written consent of Registrar. In addition, Reseller must comply with any applicable ICANN inter-the Company transfer process. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. The Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns. You agree that the Company may transfer your domain name from one accredited registrar to another accredited registrar without requiring your consent, to the extent not prohibited by ICANN or applicable registry rules or by applicable law.
                    4. Reseller shall not create, publish, distribute, or permit any written, oral, or electronic material that makes reference to the Company or its Service Providers or uses any trademarks or service marks of the Company or its Service Providers without prior written consent. Reseller gives the Company the right to recommend and/or refer Reseller’s name and details to Customers, and use Reseller’s name in marketing and promotional material with regard to its use of the Reseller Services.
                    5. Notice to Reseller shall be sufficiently given if provided in writing and transmitted by email to the current email address included in the Reseller Contact Details. Notice to the Company shall be sufficiently given only if in writing and transmitted by email to the Company’s email address below, delivered personally or by a nationally recognized courier service, or mailed by prepaid registered mail addressed:

Email: [email protected]

[email protected]

  1. In the event of termination of this Agreement for any reason, Sections 8 (Indemnification), 9 (Warranty Disclaimer; Limitation of Liability), 10 (Intellectual Property), 13 (Confidentiality) and 14 (Arbitration; Governing Law), in addition to any section that by its nature should survive termination, shall survive.
  2. All notices, designations, and specifications made under this Agreement shall be made in the English language only.
  3. Dates and Times.All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in the city of the registered office of the Company.
  4. Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa
  5. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein.
  6. No Third-Party Beneficiaries.This Agreement does not provide and shall not be construed to provide third parties (i.e., non-parties to this Agreement), including any Customer or a prospective customer of Reseller with any remedy, claim, and cause of action or privilege against the Company or its Service Providers.
  7. Independent Contractors.Reseller and the Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the Parties. Reseller will have no authority to make or accept any offers or representations on the Company’s behalf. Reseller will not make any statement, whether on its Website or otherwise, that reasonably would contradict anything in this Agreement.
  8. Entire Agreement; Severance.This Agreement, which includes the specific policies referenced herein, constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.

This file was last modified on November 13th, 2018.

Arbitration Agreement

This Arbitration Agreement includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of this agreement by following the opt out procedure described in Section 11. Unless otherwise stated, defined terms in this Arbitration Agreement have the meanings provided to them in the Eiwebs Terms of Service. Eiwebs may modify this Arbitration Agreement at any time with appropriate notice.

  1. Informal Process First. You agree that in the event of any dispute between you and Eiwebs, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to arbitration under these Terms.
  2. Binding Arbitration. Any dispute or claim that remains unresolved after the informal dispute resolution described in Section 1 except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service in violation of these Terms (a “Claim”) or Claims seeking more than $10,000 in damages, will be resolved by binding arbitration, rather than in court, provided that you may assert Claims in small claims court located in Suffolk County, Massachusetts if your Claims qualify
  3. No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would
  4. Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at adr.org. In the event of a conflict between the commercial arbitration rules and this Arbitration Agreement, this agreement shall control, and the parties shall designate another arbitrator.
  5. Starting an Arbitration. A party who intends to seek arbitration must first send written notice to Eiwebs Legal Department of its intent to arbitrate (“Notice”). The Notice to Eiwebs should be sent by any of the following means:(i) electronic mail to [email protected]; or (ii) sending the Notice by U.S. Postal Service certified mail to:

Eiwebs Hosting, Attn: Legal Department, 10 Corporate Drive, Suite 300, Burlington,

MA 01803. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Eiwebs may commence an arbitration proceeding.

  1. Format of Proceedings. The arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
  2. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, we will pay all other AAA and arbitrator’s fees and expenses. Any fees greater than the filing fees of the small claims court in your home jurisdiction will be paid by Eiwebs.
  3. Individual Basis; Jury Trial Waiver. To the fullest extent permitted by applicable law, you and Eiwebs each agree that any proceeding to resolve a Claim will be conducted only in the respective party’s individual capacity and not as a plaintiff or class member in any purported class, consolidated, multiple plaintiff or representative action (“Class Action”). If for any reason a Claim proceeds in court rather than in arbitration, you and Eiwebs each waive any right to a jury trial. You and Eiwebs expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
  4. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods will have no applicability.
  5. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Eiwebs each agree to the exclusive jurisdiction of the Federal and State courts located in Boston, Massachusetts, and you and Eiwebs each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
  6. Opting Out. If you do not want to arbitrate disputes with us and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within thirty (30) days of the first of the date you access or use the Service.
  7. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

This file was last modified on August 1, 2017.

 

Domain Registration Agreement

This Domain Registration Agreement (“Registration Agreement”) is between you, the person or entity registering a domain or domains, and the Company (as defined below), as the sponsoring registrar, or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here. For all customers outside of US, “Company”, ”we”, “us” or “our” shall refer to Glow Solutions (U.S.) LLC, and for all customers in Egypt, the same shall refer to Endurance International Group (US) Private Limited. By using the Company’s domain registration services (the “Services”), you agree to be bound by this Registration Agreement. Please read this agreement carefully.

We may modify, add, or delete portions of this Registration Agreement at any time. In such event, we will post a notice that we have made significant changes to this Registration Agreement on our website for at least 30 days after the changes are posted and will indicate at the bottom of this Registration Agreement the date these terms were last revised. Any revisions to this Registration Agreement will become effective (i) 30 -days after the notice for modification, addition or deletion has been posted or (ii) the first time you access or use the Services after such changes. If you do not agree to abide by this Registration Agreement, you are not authorized to use or access the Services.

You acknowledge and agree that the Company may modify this Registration Agreement with or without notice in order to comply with any terms and conditions set forth by Internet Corporation for Assigned Names and Numbers (“ICANN”) and/or the applicable registry administrators (“Registry Administrators”) for the top level domains (“TLD”) or country code top level domains (“ccTLD”).

  1. Our Services

Your domain registration will be effective upon occurrence of all of the following:

    1. You accept all terms and conditions of this Registration Agreement and the the Company’s Terms of Service and its ancillary documents;
    2. The Company accepts (in its sole discretion) your domain registration application;
    3. The Company receives payment of the registration, renewal and reinstatement fees, as applicable; and
    4. The Company delivers the domain registration information you provide to the registry administrator for the applicable TLDs and the Registry Administrator puts into effect your domain registration application.
  1. Limitation of Liability

You understand that the Company does not control all aspects of the domain registration process. For example, once you submit a domain registration, the Company forwards the information contained in the registration to the appropriate Registry Administrator for processing and actual registration of the name. The Company disclaims, and you agree, that the Company is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrator. The Company will not be held liable, nor refund a domain name registration due to spelling errors/typos.

  1. Multiple Domain Registrations

The Company, in accordance with ICANN policies, reserves the rights to refuse to register multiple domain registrations.

  1. Fees
    1. Payment of fees as a condition to domain registration.As consideration for the domain registration service provided by the Company, you agree to pay the Company, prior to the effectiveness of the desired domain registration, all registration and other applicable fees as indicated via the payment method selected at the time of registration. All fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled or transferred prior to the end of your then-current registration term. It is the responsibility of the listed registrant for the domain name to maintain records appropriate to document and prove the initial domain name registration date.
    2. Reservation of right to modify fees.The Company reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time with 30 days’ notice, for any reason, at its sole discretion.
    3. Credit card charge-backs for domain registrations.In the event of a charge-back to the Company by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to the Company, as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. the Company also reserves the right to lock your account and the remainder of your domains until we receive your payment of any administrative fees and/or chargeback fees. In the Company’s sole discretion, we may reinstate your domain registration, subject to the Company’s receipt of the registration fee and any administrative and/or chargeback fees described above.
    4. Credit card charge-backs for non-domain registration services. In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until we receive your payment of any administrative fees and/or chargeback fees. In the Company’s sole discretion, we may reinstate your services, subject to the Company’s receipt of the non-domain registration fee and any administrative and/or chargeback fees described above.
  2. Required Domain Registration Information
    1. Registration information.As part of the domain registration process and in accordance with ICANN policies, a Registered Name Holder is required to submit, and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the “Registration Information”):
      • The domain registrant’s name and postal address;

 

  • The domain being requested;

 

  • Administrative contact information, including the name, postal address, email address, telephone number, and where available, fax number of the administrative contact for the domain; and

 

  • Technical contact information, including the name, postal address, email address, telephone number, and where available, fax number of the technical contact for the domain; and

 

  • Billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain.
  1. Additional registration information.In addition, in accordance with ICANN policies, the Company is obligated to submit and keep current, complete and accurate additional information relating to a domain registration, which may include the following (collectively, “Additional Registration Information”):
    • The original creation date of the domain registration;

 

  • The submission date and time of the registration to us and by us to the proper registry;

 

  • Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;

 

  • Account records for your domain registration, including dates and amounts of all payments and refunds;

 

  • The IP addresses of the primary nameserver and any secondary nameservers for the domain;

 

  • The corresponding names of those nameservers;

 

  • The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain;

 

  • The name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain;

 

  • The expiration date of the registration; and

 

  • Information regarding all other activity between you and us regarding your domain registration and related services.
  1. Use of Registration Information and Additional Registration Information. You agree and acknowledge that the Company will make available the Registration Information and the Additional Registration Information to ICANN; to other third party Registry Administrators such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International; and as applicable laws may require or permit. Additionally, you acknowledge and agree that ICANN and the Registry Administrators may establish guidelines, limits and/or requirements that relate to the amount and type of information that the Company may or must make available to the public or to private entities, and the manner in which such information is made available. Further, you hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your registration of the domain. Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise or have arose from such disclosure or use of your Registration Information and the Additional Registration Information.
  2. Information updating and accuracy obligations.As a condition to continued registration of your domain, you must provide us with updated Registration Information within seven (7) days of any changes to such information. You may review, modify or update your Registration Information by accessing the Company’s domain manager service, domain management console or similar service, made available at our website. In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information within seven (7) days of any change, then you will be in material breach of this Registration Agreement and we may in our sole discretion cancel your domain registration. You further agree that your failure to respond within ten (10) days to any inquiry by the Company concerning the accuracy of the Registration Information or to contact the Company immediately upon discovery of any willful inaccuracy (including, e.g., phone number listed as 000-0000) associated with your domain registration shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of your domain registration. You further represent that you have obtained consent from any third-party individuals whose personal data you have provided as Registration Information.
  3. Information requirements for renewals.Upon renewal of your domain registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your domain registration may not be renewed.
  4. Ownership of data.You agree and acknowledge that the Company owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database (“Domain Database”), and all information and derivative works generated from such Domain Database, which contains Registration Information and Additional Registration Information. You further agree and acknowledge that the Company may use the following information for those domain 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, email address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (d) any remarks concerning the registered domain that appear or should appear in the WHOIS or similar database; and (e) any other information the Company generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. The Company does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database. The Company agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration or destruction.
  5. Registrant Verification.You understand and agree that Registrar is required to verify the Registered Name Holder’s email address within 15 days of any registration, transfer, or change to the Registered Name Holder’s contact information. The Domain Name Holder’s failure to verify the contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

In addition, you understand and agree that Registrar is required to verify any changes to any WHOIS contact information within 15 days of any change. The Domain Name Holder’s failure to verify such changes within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

  1. Domain Privacy Service
    1. If you purchased domain privacy services (“Domain Privacy”), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by the Company as determined in its sole discretion (the “Private WHOIS Contact Information”).
    2. Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.
    3. The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. The Company may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.
    4. Notwithstanding anything to the contrary, you agree that the Company may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize the Company to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that the Company is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first class U.S. postal mail; however, the Company will NOT forward “junk” mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize the Company to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded or referred to you by the Company.
    5. If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.
    6. Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search. Domain Privacy renewals after initial purchase will be at the standard list price, which is available by logging in to your account.
    7. The Company expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you:
      • To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;

 

 

  • To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party’s trademark, trade name, or other legal rights;

 

  • In the event you breach any provision of this Registration Agreement or any other agreement you’ve entered into with the Company, including, but not limited to, the Terms of Service;

 

  • To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;

 

  • To avoid any financial loss or legal liability (civil or criminal) on the part of the Company, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;

 

  • To prevent inappropriate activity that comes to the Company’s attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.
  1. Pursuant to paragraph 3.7.7.3 of ICANN’s Registrar Accreditation Agreement (“RAA”), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing the full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for any harm caused by wrongful use of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder reasonable evidence of actionable harm.
  1. Domain Parking
    1. Upon registration, the domain will be automatically placed on name servers provided by the Company, and Internet users that type in the domain will be redirected to a “coming soon” page (collectively, “parking a domain” or a “parked domain”).There is no charge for parking a domain. You hereby consent to and authorize the Company’s placement of a “coming soon” page, and its associated contents, on your parked domain. You may change the name server configuration (or “un-park” the domain) after the registration is complete. If you need to register name servers using the domains that you are currently registering, the names will initially be parked with the Company until you modify the name servers after the domain registration is complete, using your account manager.
    2. In the event your domain registration expires, your registration is no longer valid.If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an “expired” page (collectively, “parking a domain” or a “parked domain”). There is no charge for the parked domain. By not renewing the domain, the Company may place an “expired” page, and its associated contents, on the parked domain. You may change the name server configuration (or “un-park” the domain) after the renewal is complete. If you need to register name servers using the domains that you are currently renewing, the names will initially be parked with the Company until you modify the name servers after the domain renewal is complete, using your account manager.
    3. The “coming soon” and/or “expired” pages may contain advertisements and other materials selected by the Company, in the Company’s sole discretion.This may include, but is not limited to third-party websites, third-party product and service offerings, and/or Internet search engines. The Company reserves the right to collect and retain all revenue obtained from such advertising and other materials.
    4. DNS Wildcard.In the event you utilize the Company’s DNS management services and fail to configure a wildcard DNS for your domain, the Company may insert wildcard DNS records to resolve subdomains of your domain that would not otherwise resolve. The Company may point those subdomains to a web page that may contain advertisements and other materials selected by the Company in the Company’s sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines.
  2. Registration Renewal
    1. Renewal obligations.You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. the Company shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.
    2. You may be notified at the Company’s sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by such other method as we indicate in the renewal form. If your billing information is not accurate, you are solely responsible for the failure to renew.
    3. You agree that if you paid for any services provided hereunder by credit card or other payment service (such as PayPal), you hereby authorize but do NOT obligate, the Company to automatically charge your credit card or payment service account and renew the applicable service(s) on or before their renewal date using the credit card or other acceptable payment information you have provided to the Company, unless you notify the Company that you do not wish to participate in the Company’s automatic renewal process. The Company must receive notification of your intent to not renew (opt-out) no later than sixteen (16) days prior to the renewal date. In the absence of such notification from you, the Company will automatically renew, for a period of one (1) or two (2) years, as set forth by the applicable registry depending on the TLD or ccTLD of your domain name, any domain that is up for renewal and will charge the credit card or payment service account you have on file with the Company, at the Company’s then current rates. You are solely responsible for the credit card or other payment information you provide to the Company and must promptly inform the Company of any changes thereto (e.g., change of expiration date or account number). If the credit card or payment service account has expired or is otherwise invalid, you are solely responsible for a failure to renew and the Company shall not be liable for your failure.
    4. Expired domain names.You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer (“ED Transfer”).
    5. New customers through domain auction or brokerage partners and/or ED Transfers.If you are registering a domain name that was registered with, and not yet deleted by, the Company at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of an ED Transfer (defined above). You will not be compensated for the inability to use the domain from the time it was expired until the time you are able to use the domain in your account. NOTE: You may not transfer your domain name to another Registrar for sixty (60) days from the date of any previous transfer.
  3. Domain Dispute Resolution Policy

You agree to be bound by the appropriate domain dispute resolution policy (“Dispute Policy”) applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which can be found here. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Registration Agreement. Certain disputes are subject to the applicable Dispute Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold the Company harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. The Dispute Policy may be modified at any time by ICANN or the applicable Registry Administrator, and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the second level domain (“SLD”) name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder’s domicile and (2) where registrar is located. In addition, you agree to the rules of ICANN’s Uniform Rapid Suspension (“URS”) and to submit to any proceedings commenced pursuant to the URS, if applicable.

  1. Change of Registrant Of Domains
    1. Change of Registrant.Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant’s name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN’s Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en ).
    2. We are required to deny a change of registrant for any of the following reasons:
      • the domain name registration agreement has expired and the registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar;

 

  • the change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or

 

 

 

 

  • a court order.

 

  • Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request.

 

  • Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant.
  1. Designated Agent.You hereby explicitly authorize us to act as “Designated Agent” to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with and pursuant to the requirements of ICANN’s Transfer Policy .
  2. Transfer of registration to another registrant.The entity or person named as the “registrant” at the time the controlling user name and password are secured shall be the registrant of the domain. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, the Company reserves the right to enforce any amount published for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of ownership of the domain, the party to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Registration Agreement. Your domain will not be transferred until we receive such written assurances (or reasonable assurance as determined by the Company in its sole discretion) and actual payment of the transfer fee, if any is imposed. You acknowledge and agree that if you attempt to transfer your domain registration without paying the Company the amount published for the transfer of ownership of a domain, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain.
  3. When changing the name of registrant within the Company,you agree that at the Company’s discretion, the domain name may be changed back to the registrant listed immediately prior to the change upon written (email is acceptable) request within five (5) days (or such reasonable time as determined at the Company’s discretion) by registrant that was listed immediately prior to change or in the event of suspected fraud in connection with the change of the registrant name as determined by the Company in its sole discretion.
  4. Transfer of registration to or from another registrar.When transferring a domain name into the Company as the new registrar of record and simultaneously changing the name of registrant or subsequently changing the name of registrant, you agree that the domain name may be re-transferred back to the losing registrar upon written (email is acceptable) request by registrant that was listed immediately prior to transfer or upon request by losing registrar or in the event of suspected fraud in connection with the transfer as determined by the Company in its sole discretion. At the time of transfer into the Company, you must complete all required information requested through the online transfer application, i.e., contact information, nameserver information, etc. the Company may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar.
  5. RESTRICTIONS ON REGISTRAR TRANSFERS.For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into the Company. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to the Company for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by the Company to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Transfer Policy (available here ).
  6. For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Transfer Policy (available here).
  1. Agents and Licensing

You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Registration Agreement, including the applicable Dispute Policy. The name listed as registrant of the domain or the appropriate officer of a listed Organization (at the Company’s discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing). Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Registration Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you accept liability for any actions of the licensee using the domain unless you promptly disclose the current contact information provided to you by the licensee and the identity of the licensee to any party providing reasonable evidence of actual harm.

  1. Representations and Warranties

In the event that, in registering the domain, you are providing information related to a third party, you hereby 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 Registration Agreement, and (b) that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.

  1. Indemnification
    1. Indemnification of the Company.You will indemnify, hold harmless, and defend the Company and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, the Registry Administrators, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the “Indemnified Parties”) from any and all Claims. “Claim” means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and costs)), which arises out of: (a) your breach of this Registration Agreement or any of the Company’s policies applicable to this domain registration or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). “Reasonable attorneys’ fees and costs” as used in this Section 13 includes without limitation fees and costs incurred to interpret or enforce this Section 13. the Company may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. The Company will provide you with reasonably prompt notice of any Claim.
    2. Indemnification of ICANN and Registry Operators.You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs and any other expenses arising out of or related to your domain registration and any disputes regarding same. Some Registry Operators may not allow this indemnification provision to apply, as contained herein; in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.
    3. These indemnification obligations shall survive the termination or expiration of this Registration Agreement.
  2. Warranty Disclaimer; Limitation of Liability
    1. Disclaimer of warranty.THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.
    2. Limitation of liability.YOU AGREE THAT THE COMPANY AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ REASONABLE CONTROL; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. THE COMPANY AND THE INDEMNIFIED PARTIES ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION.
  3. Term and Termination
    1. The term of this Registration Agreement commences on the day you accept this Registration Agreement to the day until the occurrence of any of the following: (a) your domain registration is cancelled; (b) your domain is transferred to a third party; or (c) your domain expires or is terminated (in accordance with Section 15.c, below) (collectively, “Termination”). Your obligation to pay any fees or other amounts under this Agreement which arose prior to expiration or other termination of this Registration Agreement shall survive any such expiration or termination.
    2. Domain suspension, cancellation or transfer.You acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, “Cancellation”) (a) to correct mistakes by the Company, another registrar, or a Registry Administrator in administering the domain name or (b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure. It is your responsibility to verify if any domain is infringing anyone else’s rights, prior to registration. If the domain name you have registered is found to be infringing on another person’s rights, determined in the Company’s discretion, the Company has the right to cancel your registration immediately. If you are in willful violation of our agreement, you will not be entitled to any refund. You also agree that the Company shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain registration upon up to seven (7) calendar days prior notice or after such time as the Company receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain registration.
    3. The Company reserves the right to suspend, cancel, transfer or modify your domain registration if: (a) you materially breach this Registration Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by the Company; (b) you use the domain to send unsolicited email, in violation of this Registration Agreement or applicable laws; (c) you use your domain in connection with unlawful activity; or (d) you otherwise violate this Registration Agreement as determined by the Company in its sole discretion. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.
    4. The following provisions will survive Termination or Cancellation of this Registration Agreement: Sections 2, 9, 12, 13, 14, 15 and 16.
  4. Additional Terms
    1. Personal Data.The Company incorporates its Privacy Policy by reference. Please read our Privacy Policy by clicking here . In addition, you hereby represent that you have provided the Company’s Privacy Policy to any person whose personal data you disclose to the Company and that you have obtained their consent to the foregoing.
    2. Governing law; jurisdiction.Except as otherwise set forth in the Dispute Policy with respect to disputes, this Registration Agreement, your rights and obligations and all actions contemplated by this Registration Agreement shall be governed by as follows. Unless you are in US, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts. If you are in US, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the USA.

Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

    1. Your use of the Services is also governed by the following:

Alternatively, if you are in US, the following provision applies to you:

All disputes, controversies and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement (“Dispute”) shall be referred to and resolved by arbitration in Mumbai, India under the provisions of the Arbitration and Conciliation Act, 1996; provided that, to the extent a party may suffer immediate and irreparable harm for which monetary damages would not be an adequate remedy as a result of the other party’s breach or threatened breach of any obligation hereunder, such party may seek equitable relief, including an injunction, from a court of competent jurisdiction, which shall not be subject to this Section. The arbitration tribunal shall consist of one (1) arbitrator jointly appointed by the parties within fifteen (15) days from the date of first recommendation for an arbitrator in written form for a party to the other. If the parties fail to agree on appointment of such arbitrator, then the arbitrator shall be appointed as per the provisions of Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. As part of the terms of the appointment of the arbitrator(s), the arbitrator(s) shall be required to produce a final and binding award or awards within six (6) months of the appointment of the sole arbitrator (jointly appointed by the parties). Parties shall use their best efforts to assist the arbitrator(s) to achieve this objective, and the parties agree that this six (6) month period shall only be extended in exceptional circumstances, which are to be determined by the arbitrator(s) in its absolute discretion. The arbitral award passed by the arbitrator shall be final and binding on the parties and shall be enforceable in accordance with its terms. The arbitrator shall state reasons for its findings in writing. The parties agree to be bound thereby and to act accordingly. All costs of the arbitration shall be borne equally by the parties.

    1. You agree that any notices required to be given under this Registration Agreement by the Company to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
    2. The Company and you are independent contractors and nothing contained in this Registration Agreement places the Company and you in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
    3. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Registration Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
    4. If any provision or portion of any provision of this Registration Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
    5. You may not assign or transfer this Registration Agreement or any of your rights or obligations hereunder, without the prior written consent of the Company and/or without using the Company’s domain transfer process in compliance with ICANN’s policies. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. The Company may assign its rights and obligations under this Registration Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Registration Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. You agree that the Company may transfer your domain name from one accredited registrar to another accredited registrar without requiring your consent, to the extent not prohibited by ICANN or applicable registry rules or by applicable law.
    6. Intellectual property.Except for your Content (as defined above), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Company Content”), are the proprietary property of the Company. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purposes in any form or by any means, in whole or in part, other than as expressly permitted in this Registration Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of the Company Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the services and the Company Content granted herein. All rights of the Company or its licensors that are not expressly granted in this Registration Agreement are reserved to the Company and its licensors.
    7. Entire agreement.This Registration Agreement, and the attachments and documents referenced herein, including but not limited to the applicable Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and the Company, and supersede and govern all prior proposals, agreements, or other communications with respect to the subject matter hereof.

APPENDIX 1.

ADDITIONAL REGISTRY REQUIREMENTS

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by, which incorporates by reference, all agreements, guidelines, policies, practices, procedures, registration requirements or operational standards of the TLDs in which you register any domain.

This file was last modified on April 13th, 2020.

 

Customer Hosting Product Agreement Extension

Eiwebs (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)

HAVE entered into a Customer Master Agreement effective from 9 September, 2015 of which this “Customer Hosting Product Agreement Extension” is a part.

WHEREAS Parent provides Web, Virtual Private Server (VPS) and Email Hosting Services;

WHEREAS the Customer wishes to place an Order for Web, VPS and/or Email Hosting Services (“Hosting Order”) through the Parent;

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:

  1. Rights of Parent

While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognises that the Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products and the OrderBox, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.

  1. Terms of Usage

Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below –

  1. General Terms

(1) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.

(2) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.

(3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.

(4) Run any type of web spiders or indexers.

(5) Run any software that interfaces with an IRC (Internet Relay Chat) network.

(6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.

(7) Participate in any P2P or file-sharing networks.

(8) Use excessive resources which in the Parent’s sole discretion result in damage or degradation to the performance, usage, or experience of OrderBox, other users, other orders, and any of Parent’s services.

(9) Use the email service for sending or receiving unsolicited emails.

(10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.

(11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.

(12) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.

(13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.

(14) Run cron entries with intervals of less than 15 minutes.

(15) Engage in any activities related to purchase, sale or mining of currencies such as Bitcoin.

  1. Web, Email Hosting Specific terms

(1) As a backup/storage device.

(2) Run any gaming servers.

(3) Store over 100,000 files.

(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.

(5) Run any MySQL queries longer than 15 seconds.

(6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certain relevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names in your Multi-Domain Hosting Order will not be enough to substantiate ownership.

(7) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent’s sole discretion.

(8) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.

(9) Purchase/use a Dedicated IP Address without installing an SSL Certificate.

(10) Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder powered by Jigsy.com.

(11) Use more than 50% of the website’s disk space used by your Hosting order for storing emails.

(12) Use a WHMCS license issued by the Parent with any product/service other than the one for which it was issued.

(13) Store more than two website backup files.

(14) Use more than 5GB per database.

 

Customer Digital Certificate Product Agreement

Eiwebs (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)

HAVE entered into a Customer Master Agreement (“Agreement”) effective from 9 September, 2015 of which this “Customer Digital Certificate Product Agreement Extension” is a part.

WHEREAS, Parent sells digital certificates of secured socket layer titled as of “Comodo SSL” of Comodo CA Limited;

NOW, THEREFORE, Parent and the Customer, hereby agree as follows:

  1. Customer Election. Customer hereby elects to purchase Comodo SSL certificates from the Parent.
  2. Parent’s Acceptance. Parent hereby accepts Customer’s election to purchase Comodo SSL certificates..
  3. For avoidance of doubt the Parent hereby clarifies that this Customer Digital Certificate Product Agreement Extension shall be only applicable to Comodo SSL. For the product “Thawte” the older version of the agreement shall be applicable which has been set forth in the Annexure A hereof.

Annexure A

CUSTOMER DIGITAL CERTIFICATE PRODUCT AGREEMENT EXTENSION

Eiwebs  (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)

HAVE

entered into a Customer Master Agreement (“Agreement”) effective from 9 September, 2015 of which this “Digital Certificate Product Agreement Extension” is a part.

WHEREAS, Parent sells digital certificates of Thawte;

NOW, THEREFORE, Parent and the Customer, hereby agree as follows:

  1. Customer Election. Customer hereby elects to purchase Thawte digital certificates through Parent.
  2. Parent’s Acceptance. Parent hereby accepts Customer’s election to purchase Thawte digital certificates through Parent.

 

Customer Domain Registration Product Agreement Extension

Eiwebs (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)

HAVE entered into a Customer Master Agreement (“Agreement”) effective from 9 September, 2015 of which this “Domain Registration Product Agreement Extension” is a part.

WHEREAS, Parent is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX ‘B’;

WHEREAS, the Customer wishes to purchase Registration and/or Management and/or Renewal and/or Transfer for the list of TLDs mentioned within APPENDIX ‘B’ through Parent;

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:

  1. DEFINITIONS

(1) “TLD” refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC, .MOBI, .ASIA, .ME, .TEL, .MN, .BZ, .CC, .TV, .CN, .NZ, .CO, .CA, .DE, .ES, .AU, .XXX , .RU, .PRO, .SX, .PW, .IN.NET, .CO.DE, .LA, Donuts, .CLUB, .UNO, .MENU, .BUZZ, .LONDON, .BID, .TRADE, .WEBCAM, Rightside Registry and Radix Registry

(2) “gTLD” refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .TRAVEL, .COOP, .MOBI, .ASIA, .TEL, .XXX, .PRO, .BIKE, .CLOTHING, .GURU, .HOLDINGS, .PLUMBING, .SINGLES, .VENTURES, .CAMERA, .EQUIPMENT, .ESTATE, .GALLERY, .GRAPHICS, .LIGHTING, .PHOTOGRAPHY, .CONSTRUCTION, .CONTRACTORS, .DIRECTORY, .KITCHEN, .LAND, .TECHNOLOGY, .TODAY, .DIAMONDS, .ENTERPRISES, .TIPS, .VOYAGE, .CAREERS, .PHOTOS, .RECIPES, .SHOES, .CAB, .COMPANY, .DOMAINS, .LIMO, .ACADEMY, .CENTER, .COMPUTER, .MANAGEMENT, .SYSTEMS, .BUILDERS, .EMAIL, .SOLUTIONS, .SUPPORT, .TRAINING, .CAMP, .EDUCATION, .GLASS, .INSTITUTE, .REPAIR, .COFFEE, .FLORIST, .HOUSE, .INTERNATIONAL, .SOLAR, .HOLIDAY, .MARKETING, .CODES, .FARM, .VIAJES, .AGENCY, .BARGAINS, .BOUTIQUE, .CHEAP, .ZONE, .COOL, .WATCH, .WORKS, .EXPERT, .FOUNDATION, .EXPOSED, .CRUISES, .FLIGHTS, .RENTALS, .VACATIONS, .VILLAS, .TIENDA, .CONDOS, .PROPERTIES, .MAISON, .DATING, .EVENTS, .PARTNERS, .PRODUCTIONS, .COMMUNITY, .CATERING, .CARDS, .CLEANING, .TOOLS, .INDUSTRIES, .PARTS, .SUPPLIES, .SUPPLY, .FISH, .REPORT, .VISION, .SERVICES, .CAPITAL, .ENGINEERING, .EXCHANGE, .GRIPE, .ASSOCIATES, .LEASE, .MEDIA, .PICTURES, .REISEN, .TOYS, .UNIVERSITY, .TOWN, .WTF, .FAIL, .FINANCIAL, .LIMITED, .CARE, .CLINIC, .SURGERY, .DENTAL, .TAX, .CASH, .FUND, .INVESTMENTS, .FURNITURE, .DISCOUNT, .FITNESS, .SCHULE, .GRATIS, .CLAIMS, .CREDIT, .CREDITCARD, .DIGITAL, .ACCOUNTANTS, .FINANCE, .INSURE, .LOANS, .CHURCH, .LIFE, .GUIDE, .DIRECT, .PLACE, .DEALS, .CITY, .HEALTHCARE, .RESTAURANT, .GIFTS, .CLUB, .UNO, .MENU, .BUZZ, .LONDON, .BID, .TRADE, .WEBCAM, .PRESS, .HOST, .WEBSITE, .PIZZA, .IMMO, .BUSINESS, .NETWORK, .WORLD, .DELIVERY, .ENERGY, .COACH, .MEMORIAL, .LEGAL, .MONEY, .TIRES, .DANCE, .DEMOCRAT, .IMMOBILIEN, .NINJA, .REVIEWS, .FUTBOL, .SOCIAL, .HAUS, .PUB, .MODA, .KAUFEN, .CONSULTING, .ACTOR, .ROCKS, .LAWYER, .ATTORNEY, .BET, .BLACK, .BLUE, .GREEN, .HEALTH, .KIM, .LGBT, .LOTTO, .LTD, .MEET, .MEMORIAL, .MLS, .PINK, .RED, .SHIKSHA, .HOW, .SOY, .TATTOO, .SEXY, .LINK, .GIFT, .GUITARS, .PICS, .PHOTO, .CHRISTMAS, .BLACKFRIDAY, .HIPHOP, .AUDIO, .JUEGOS, .HOSTING, .PROPERTY, .CLICK, .DIET, .HELP, .FLOWERS, .TOKYO, .NGO, .ONG, .WANG, .SPACE, .SITE, .TECH, .BINGO, .CHAT, .STYLE, .TENNIS, .APARTMENTS, .CASINO, .SCHOOL, .FOOTBALL, .GOLF, .TOURS, .GOLD, .PLUS, .BUILD, .LUXURY, .GLOBAL, .VEGAS, .BERLIN, .CAREER, .QUEBEC, .WIEN, .NYC, .PARTY, .CRICKET, .SCIENCE, .BEER, .CASA, .COOKING, .COUNTRY, .FISHING, .HORSE, .RODEO, .SURF, .VODKA and .WORK

(3) “Domain Order” refers to an Order fulfilled by the Customer through the Parent under this Domain Registration Product Agreement Extension.

(4) “Registrant” refers to the registrant/owner of a Domain Order as in the OrderBox Database.

(5) “Registrar” refers to the Registrar of a Domain Order as in the OrderBox Database and/or shown in the Whois Record.

(6) Registry Operator refers to the Organisation/Entity that maintains the registry of a TLD of a Domain Order.

(7) “Whois Record” refers to the collection of all data elements of the Domain Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry.

  1. OBLIGATIONS OF THE CUSTOMER

(1) The Customer must ensure that the Registrant of each Domain Order must agree to be bound by the terms and conditions laid out by the Registrar of the Domain Name during the term of the Domain Order. The Customer must familiarize himself with such terms. The Customer acknowledges that the Registrar has various rights and powers as mentioned in the Registrar’s terms and conditions. Parent is not liable for any action taken by Registrar pursuant to the Registrar’s terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Registrants’ noncompliance with such terms and conditions.

(2) The Customer will not make any changes to any information associated with the Domain Order without explicit authorization from the Registrant of that Domain Order.

(3) The Customer must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN, the Registrar and the Registry Operator.

  1. RIGHTS OF PARENT

Parent and Service Providers, in their sole discretion, expressly reserve the right to freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain Order, in order to comply with any applicable Dispute policies, requests of law enforcement, or in compliance with any Court Orders, or if Parent or Service Providers in their sole discretion determine that the information associated with the Domain Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Parent or Service Providers in their sole discretion determine that the Domain Order ownership should belong to another entity, or if Customer/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Parent, Service Providers, ICANN, the Registrar and the Registry Operator. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.

  1. SURVIVAL

In the event of termination of this Product Agreement Extension for any reason, Sections 2 and 3 shall survive.

APPENDIX ‘A’

PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS

  1. DESCRIPTION OF SERVICES

The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.

  1. IMPLEMENTATION DETAILS

(1) Customer acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Parent, and

(1) any mail received via post at this Address would be rejected;

(2) any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;

(3) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address in the OrderBox Database.

(2) Customer agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, of a privacy protected Domain Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Parent and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.

(3) Customer understands that the Privacy Protection Service is only available for certain TLDs.

(4) Irrespective of whether Privacy Protection is enabled or not, Customers and Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement.

(5) Customer understands and acknowledges that Parent in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:

(1) if Parent receives any abuse complaint for the privacy protected domain name, or

(2) pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or

(3) for the resolution of disputes concerning the domain name, or

(4) any other reason that Parent in its sole discretion deems appropriate to switch off the Privacy Protection Services.

  1. OBLIGATIONS OF CUSTOMER

Customer must ensure that the Registrant of each Domain Order must also acknowledge and agree to be bound by the following terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Customer’s nondisclosure of these terms to Registrant of Domain Order.

  1. INDEMNITY

Customer and Registrant agree to release, defend, indemnify and hold harmless Parent, Service Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, arising out of or related in any way to the Privacy Protection services provided hereunder.

APPENDIX ‘B’

LIST OF TLDS PARENT IS AUTHORIZED TO PROVIDE DOMAIN NAME REGISTRATION AND MANAGEMENT SERVICES

.COM, .NET (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.ORG (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.BIZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.INFO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.NAME and .NAME Defensive Registrations and .NAME Mail Forwards (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.US (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.IN (through Registrar Webiq Domains Solutions Pvt Ltd)

.EU (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.UK (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.TRAVEL (through Registrar Endurance International Group (India) Private Limited. D/B/A PublicDomainRegistry.com)

.WS (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.COOP (through Registrar Domains.coop Ltd.)

CentralNIC (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.MOBI (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.ASIA (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.ME (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.TEL (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.MN, .BZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.CC, .TV (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.CN (through Registrar PDR Ltd.)

.NZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.CO (through Registrar <#=dotco_serviceprovidername#>)

.CA (through Registrar PublicDomainRegistry.com Inc)

.DE (through Registrar Endurance International Group (India) Private Limited. d/b/a PublicDomainRegistry.com)

.ES (through Registrar Endurance International Group (India) Private Limited. d/b/a PublicDomainRegistry.com)

.AU (through Registrar Public Domain Registry Pty Ltd.)

.RU (through Registrar RU-Center)

.XXX (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.PRO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.SX (through Registrar PDR Ltd.)

.PW (through Registrar <#=dotpw_serviceprovidername#>)

.IN.NET (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.CO.DE (through Registrar PDR Ltd.)

.LA (through Registrar <#=centralnicdotla_serviceprovidername#>)

Donuts (through Registrar PDR Ltd.)

.CLUB (through Registrar PDR Ltd. d/b/a

PublicDomainRegistry.com)

.UNO (through Registrar PDR Ltd.)

.MENU (through Registrar PDR Ltd.)

.BUZZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.LONDON (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.BID (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.TRADE (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.WEBCAM (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

Rightside Registry (through Registrar PDR Ltd.)

Radix Registry (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.OOO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.DESI (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

Afilias New gTlds (through Registrar PDR Limited)

.SOY (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

Uniregistry (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

GMO (through Registrar PDR Ltd.)

Public Interest Registry (through Registrar Enset Registrar, Inc.)

.WANG (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.BUILD (through Registrar PDR Ltd.)

.LUXURY (through Registrar PDR Ltd.)

.GLOBAL (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.VEGAS (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.BERLIN (through Registrar PDR Ltd.)

.CAREER (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.QUEBEC (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

.WIEN (through Registrar NetzAdresse)

.NYC (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

TOP LEVEL DOMAIN HOLDINGS LIMITED (through Registrar <#=mindsandmachines__serviceprovidername#>)

APPENDIX ‘C’

VERISIGN MOBILEVIEW SERVICE SPECIFIC CONDITIONS

  1. DESCRIPTION OF SERVICES

The Verisign MobileView Service creates a mobile-friendly version for your .COM and .NET website.

  1. IMPLEMENTATION DETAILS

Registrant agrees that Verisign may store the following data elements about any MobileView-enabled domain name:

(1) General Details (Company Name, Description and Company Logo);

(2) Contacts (Phone, Email and Address);

(3) Social (Facebook and Twitter URL);

(4) Products (Product Name, Description, Price and Image);

(5) Business Hours (Title and Hours of Operation);

(6) Coupons (Name, Description, Disclaimer, Image, Start and End Date).

(7) Usage information:

(1) Number of hits for any given domain name;

(2) User agent (where the request is coming from);

(3) Crawling website to collect website information.

  1. DATA USAGE

Registrant agrees and acknowledges the following terms of data usage by Verisign:

(1) The data will be used to display to the end users and not used for any other internal purposes. This data is all publicly available on the internet and/or customer website.

(2) Customer information is used to create and maintain accounts as well as contacting Customers in case of any problems with accounts, provide technical support, conduct surveys and other similar activities.

(3) Verisign may use data for statistical analysis purpose to understand the Verisign MovileView adoption rate, trend by TLD’s etc. in order to make improvements to our services.

(4) Verisign may also use data collected under the IMPLEMENTATION DETAILS, in accordance with the terms of their privacy policy as set forth at http://www.verisigninc.com/en_US/privacy/index.xhtml.

  1. DATA RETENTION

Registrant acknowledges that Verisign may retain some data that has been anonymized under the IMPLEMENTATION DETAILS, as well as retain statistical information derived from aggregated data, even after the MobileView Service has been cancelled.

  1. DATA TRANSFER

Registrant acknowledges that Verisign may transfer data collected under the IMPLEMENTATION DETAILS across International boundaries.

 

Customer Agreement For Web Services

Eiwebs (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)

HAVE entered into a Customer Master Agreement (“Agreement”) effective from 9 September, 2015 of which this “Web Services Product Agreement Extension” is a part.

WHEREAS, Parent provides Domain Forwarding, Mail Forwarding, Managed DNS;

WHEREAS, the Customer wishes to activate through Parent, Domain Forwarding or Mail Forwarding or Managed DNS Services;

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:

  1. Customer Election. Customer hereby elects to activate Domain Forwarding or Mail Forwarding or Managed DNS through Parent.
  2. Parent’s Acceptance. Parent hereby accepts Customer’s election to activate Domain Forwarding or Mail Forwarding or Managed DNS through Parent.

 

Unmetered Disclaimer

1.    How much disk space and bandwidth will my plan include?

Disk space and bandwidth is “Unmetered” which means you are not charged according to the amount of disk space or bandwidth you use. However, that being said, we do require all customers to be fully compliant with our Terms of Service and its policies, which includes our Acceptable Use Policy (“TOS”), and to only utilize disk space and bandwidth in the normal operation of a personal or small business website.

For example, such customers who are using 25% or more of system resources for longer than 90 seconds would be in violation of our TOS, which includes our Acceptable Use Policy and other policies. Please see our TOS or contact us with any questions.

2.     What happens if I exceed usage?

If we have concerns about your account’s bandwidth or disk space utilization, you will receive an email asking you to reduce usage. Again, it is very rare for a customer who is managing a personal or small business website to exceed our TOS, which includes our Acceptable Use Policy and other policies.

 

Affiliate Agreement

This Affiliate Agreement (“Affiliate Agreement”) contains the complete terms and conditions between, Eiwebs (U.S.) LLC operating as Eiwebs and you, regarding your application to and participation in, the Eiwebs Affiliate Program (the “Affiliate Program”) as an affiliate (an “Affiliate”) of Eiwebs, and the establishment of links from your website to our website, www.EIWEBS.com

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AFFILIATE AGREEMENT AND THE EIWEBS TERMS AND CONDITIONS.

  1. Definitions
  2. “Affiliate” – The business, individual, or entity applying to or participating in the Affiliate Program, or that displays Eiwebs products and services and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from Eiwebs for sales directly resulting from such display.
  3. “Affiliate Platform” – A third party platform, including without limitation, Impact Tech, Inc. (“Impact Radius”) used by Eiwebs to track the conversion and Affiliate performance, including specific referrals and commissions earned through the Affiliate Program.
  4. “Affiliate Console” – The Affiliate Console is used by Affiliates to track commissions, view reports, and update contact information and payment preferences. Below are the links to each Affiliate Console:
    1. Eiwebs
    2. Impact Radius
  5. “Affiliate Site” – The Affiliate’s website which displays Eiwebs Products and Services and/or promotions.
  6. “Eiwebs Products and Services” – Web hosting and related products and services (which includes but is not limited to Shared Hosting, WordPress Hosting, Cloud Hosting, Reseller Hosting, Servers) that are available for purchase from Eiwebs.
  7. “Commission Fees” – The amount to be paid to the Affiliate for: (i) a Qualified Purchase by a Referred Customer, subject to any applicable Commission Threshold, and pursuant to the terms of Section 8 hereunder; and/or (ii) each Referred Reseller who fulfils the criteria as mentioned in Section 8 hereunder.
  8. “Commission Threshold” – The amount of Commission Fees an Affiliate must accrue prior to receiving a payment from Eiwebs.
  9. “Qualified Purchase” – for the sake of this Affiliate Agreement, a Qualified Purchase shall mean and include: (i) A sale of Eiwebs Products and Services, with a term of three (3) months or longer, to a Referred Customer; and/or (ii) when a Referred Reseller deposits the required initial funds to activate their reseller account and purchases a domain and/or any hosting product with a minimum term of three (3) months within sixty (60) days of signing up for the same, that is not excluded under Section 7. Any other product purchase, including without limitation, add-ons or emails or security (i.e. which is purchased separately, over and above hosting purchases) doesn’t qualify for a Commission Fee.
  10. “Referred Customer” – Each new and unique customer referred from Affiliate through a Link (as defined in Section 3) that provides valid account and billing information.
  11. “Referred Reseller” – Each new and unique reseller referred from Affiliate through a Link (as defined in Section 7) that provides valid account and billing information.
  12. Enrollment in the Affiliate Program
  13. To begin the enrollment process, you must submit a completed Affiliate Program signup form. The signup form can be found at //www.eiwebs.com/affiliate-program
  14. We will evaluate your application and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your Affiliate Site or promotional method is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is unlawful or otherwise violates our Acceptable Use Policy, as determined in our sole discretion.
  15. If we reject your application, for any reason, you may not re-apply to the Affiliate Program utilizing the same domain name/URL. An Affiliate should also not reapply using a different domain/URL name and then add the previously rejected domain name/URL to your affiliate account. Eiwebs, in its sole discretion, reserves the right to reject or remove any prospective affiliate from the Affiliate Program at any time, with or without notice.
  16. Promotion of Our Affiliate Relationship
  17. Use of Links- If you qualify and agree to participate as an Affiliate, we will make a variety of graphic and textual links available to you (each referred to herein as a “Link” or collectively, as the “Links”). The Links will serve to identify your Affiliate Site as a member of the Affiliate Program and will establish a link from your Affiliate Site or email to Eiwebs website. You agree to cooperate fully with us to establish, display, and maintain such Links. You further agree that your use of the Links must be in compliance with this Affiliate Agreement at all times. Eiwebs may modify the Links from time to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote Eiwebs that are not approved in advance by Eiwebs. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer’s knowledge (e.g. iframe).
  18. Prohibited Activities- Except as permitted herein, you shall not and are not authorized to (i) use Eiwebs trademark or other intellectual property, including without limitation, the Links (collectively, “Eiwebs IP”) without Eiwebs express prior written permission; (ii) use Eiwebs name (or any variation or misspelling thereof or other terms that are confusingly similar to any of the foregoing) in a domain name, any metatags, advertising, search terms, code, or otherwise; or (iii) act in any way that causes or could cause any confusion concerning the source of, or your association with Eiwebs Products and Services. Your use of Eiwebs IP in any manner, other than as expressly permitted hereunder shall constitute unlawful infringement of Eiwebs intellectual property rights, and may subject you to liability (including potential treble damages for knowing or willful infringement), and the obligation to pay Eiwebs legal fees and costs in connection with Eiwebs enforcement of its rights.
  19. Paid Search Policy- You are required to comply with the following rules when bidding on keywords on any paid search engines or social media site, including without limitation, Google, Yahoo/Bing, Twitter and Facebook:
  20. You are prohibited from bidding on any Eiwebs trademarks, or any variations and misspellings thereof without Eiwebs prior written approval. Examples of prohibited keywords are “Eiwebs,” “Eiwebs,” “Eiwebs.com,” “www.Eiwebs.com,” “Eiwebs club,” “club reseller,” “Eiwebs hosting,” “Eiwebs domains”.
  21. You are prohibited from bidding on keywords containing Eiwebs trademarks plus an additional term such as [Eiwebs coupons], [Eiwebs promotions], and [Eiwebs promos]. Further, Affiliates are NOT permitted to broad or phrase match any of these keywords.
  • You are prohibited from outranking Eiwebs internal paid search ad on any keywords.
  1. You are prohibited from direct linking to Eiwebs.com from any paid search ads.
  2. You are prohibited from using Eiwebs.com as a display URL.

All materials, including without limitation, ad copy, coupons, and promotions on your Affiliate Site must accurately represent active and valid promotions. For example, you may not display an ad on your Affiliate Site for a promotion that has expired. We continue to monitor all paid search landscapes. If you are determined to be in violation of this section your participation in the Affiliate Program may be terminated. For more information on match types, please visit Google’s overview of match types.

  1. Discounts and Coupons- You are not allowed to post any refunds, credits or discounts on Eiwebs Products and Services, or other content concerning Eiwebs without Eiwebs prior written consent in each instance. Affiliates may only use active coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each Link connecting users of the Affiliate Site to the pertinent area of the Eiwebs website will in no way alter the look, feel, or functionality of the Eiwebs website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Affiliate Agreement, and may result in your termination from the Affiliate Program or the withholding of Commission Fees.
  2. FTC Endorsement Compliance
  3. It is the intent of Eiwebs to treat all of our customers fairly. Accordingly, we require all Eiwebs Affiliates to comply with applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed. This means that all your Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of Eiwebs Products and Services must prominently disclose the fact that you receive compensation for Referred Customers.
  4. For more information and suggestions about how to comply with these guidelines, please visit our page entitled “Affiliate Disclosure Requirements, and FTC Frequently Asked Questions.” Please note that this page is only intended to provide guidance. It does not purport to provide legal advice and it does not guarantee that you’ll be in compliance with FTC regulations should you follow the suggestions presented. You are advised to seek and obtain your own legal advice on how these rules apply to your Affiliate Site or other promotional activities for which you receive compensation.
  5. Eiwebs reserves the right to withhold Commission Fees and cancel your participation in the Affiliate Program should we determine, in our sole discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations or guides that we deem relevant.
  6. Data Security

In addition to the obligations set forth in Section 4 (FTC Endorsement Compliance), Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United States or the country in which Affiliate resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the “GDPR”). Affiliate, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist Eiwebs in complying with any data subject rights request under the GDPR that Eiwebs may receive from any individuals referred to Eiwebs by Affiliate. Affiliate further agrees to promptly assist Eiwebs in complying with any duties to cooperate with supervisory authorities under the GDPR.

  1. Order Processing

Eiwebs will process orders placed by Referred Customers and/or Referred Resellers who follow the Links from your Affiliate Site to Eiwebs website. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including Eiwebs services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Site and will make this information available to you through the applicable Affiliate Platform. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your Affiliate Site and our website are properly formatted.

  1. Commission Determination; Qualified Purchases
  2. Commission Fees will be calculated based on the commission rates stated on the Eiwebs website for each Qualified Purchase subject to commission accruing pursuant to Section 8 below. A “Qualified Purchase” does NOT include any of the following:
  3. A purchase by a Referred Customer and/or Referred Resellers that has transferred from any Eiwebs partner or entity that owns, is owned by, or is under common ownership with Eiwebs.
  4. A purchase by a Referred Customer who is also associated with any Eiwebs reseller, referral, or other program and/or in the case of a Referred Reseller is already signed up as a Eiwebs reseller.
  • A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund, referral, or other program.
  1. A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through an Affiliate Link.
  2. A purchase by a Referred Customer and/or Referred Resellers that has not been in good standing for a period of at least thirty (30) days or is in violation of Eiwebs Terms of Service, Acceptable Use Policy, or other applicable policies at the time the Commission Fees accrue.
  3. A purchase that Eiwebs suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same Referred Customers/Referred Resellers, or the referral of accounts that do not comply with this Affiliate Agreement.
  • A purchase referred by an Affiliate that has an excessive cancellation rate as determined in Eiwebs sole discretion.
  • A purchase by a Referred Customer and/or Referred Resellers who was offered or received coupons, refunds, credits or discounts from the Affiliate not authorised by Eiwebs.
  1. A purchase by a Referred Customer and/or Referred Resellers who is in or is promoting a business-opportunity program (as determined by us in our sole discretion), using marketing practices that we deem to be unethical or likely to attract fraudulent signups and/or signups with a very low likelihood of renewal.
  2. A purchase by a Referred Customer and/or Referred Resellers who received a popup with a discounted offer, while leaving Eiwebs website during their purchase.
  3. A purchase by a Referred Customer and/or Referred Resellers engaging in “Domain Speculation,” which is determined by the identification of two (2) web hosting accounts with the same Referred Customer’s and/or Referred Resellers’ name, email address, or other identifying characteristic as determined by Eiwebs and/or the identification of two (2) or more web hosting accounts that have no content on their websites or have similar content, templates or formatting, as determined in Eiwebs sole discretion.
  • A purchase by a Referred Customer and/or Referred Resellers’ who, prior to such purchase, clicked through a Link established by another affiliate under this Affiliate Program.
  • A purchase by a Referred Customer and/or Referred Resellers’ more than ninety (90) days after clicking through the Affiliate Link.
  • Eiwebs reserves the right to withhold payment of Commission Fees to Affiliates who are new to the Affiliate Program, or who have referrals that are potentially the result of fraud as determined by Eiwebs in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
  1. Eiwebs reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Affiliate Agreement by the Affiliate or a Referred Customer. Eiwebs reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases. If no subsequent Commission Fees are due and owing, Eiwebs may send Affiliate a bill for the balance of such refunded purchase upon termination of Affiliate’s participation in the Affiliate Program or termination of the Referred Customer.
  2. Eiwebs reserves the right to immediately cancel or withhold for later review any Commission Fees that fail to meet the criteria of a “Qualified Purchase.” Affiliate is responsible for monitoring the payment, denial, and withholding of Commission Fees; Eiwebs is not obligated to actively notify Affiliates of the status of Commission Fees. If Affiliate has a question about a Commission Fee that has been cancelled or withheld, Affiliate has thirty (30) days from the day the payment would have been due to contact Eiwebs to request that the Commission Fee be paid. Any changes to decisions about cancelled or withheld Commission Fees are strictly made in Eiwebs sole discretion.
  3. Commissions for any Referred Customer who is associated with any Eiwebs reseller, referral or other program may not be considered a Qualified Purchase. In other words, you may not receive double commissions or compensation.
  4. In the event that the Referred Customers that are referred to Eiwebs by an Affiliate are determined to have an excessive cancellation rate, as determined by Eiwebs in its sole discretion, Eiwebs reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.
  5. Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud Eiwebs or any violation of the terms of this Affiliate Agreement constitutes immediate grounds for Eiwebs to terminate the Affiliate’s participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
  6. We use cookie based tracking to track and award sales made through the Link. Our cookies are valid for sixty (60) days and are awarded on a last click basis, which means clicking the Link before signing up will overwrite any other affiliate cookie currently in the system. Also, deleting cookies after clicking the Link (but before signing-up or paying-up) disables tracking and monitoring these clicks and any sale they may lead to.
  7. Commission Accrual & Payments
  8. Subject to the terms of this Affiliate Agreement and the terms of any applicable Affiliate Platform agreement, Commission Fees will be calculated according to the specified percentage or dollar amount set forth in the commission report in your Affiliate Console for each Qualified Purchase that accrues during the period for which such Commission Fees are being calculated.
  9. Commission Fees will be processed approximately forty-five (45) to seventy (70) days after the end of the month in which they accrue, unless you use an Affiliate Platform in which case they will be processed in accordance with your agreement with the applicable Affiliate Platform.
  10. Eiwebs will only compensate you for Qualified Purchases made in accordance with the terms of this Affiliate Agreement.
  11. Commission Fees shall be paid based on the current information in your Affiliate Console. You are required to notify the Affiliate Platform promptly of any change in your address by updating your profile information in the Affiliate Console. You are responsible for informing the Affiliate Platform of your desired payment form/type. You can update or change your desired payment method at any time by updating your affiliate profile located in the Affiliate Console. Please see the applicable platform’s policies for details on the effect of any changes.
  12. Depending on your Affiliate Platform, you may be subject to a minimum or maximum payment amount. All such minimum and maximum payment amounts are governed by your agreement with the Affiliate Platform.
  13. You may view the currently available payment methods by logging into your Affiliate Console for the applicable Affiliate Platform. If the Affiliate Platform offers PayPal as a payment method, please refer to PayPal’s policyto ensure you are eligible to receive payment if you reside outside of the United States.
  14. Eiwebs and the Affiliate Platform, in their sole discretion, reserve the right to modify the available commission payment methods or payment schedule at any time. Such changes shall take effect when posted.
  15. Disputes: Affiliate has access to Eiwebs real-time Affiliate Program statistics and agrees to file any disputes within forty-five (45) days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after forty-five (45) days of the date on which the disputed sale or event occurred will not be accepted by Eiwebs and Affiliate forfeits forever any rights to a potential claim.
  16. Commission Fees will accrue and only become payable once you (i) provide all relevant tax and address documentation pursuant to this Section 8, and (ii) reach the Commission Threshold based on the commission rates stated on Eiwebs.com. It is solely your responsibility to provide the Affiliate Platform with accurate tax and payment information that is necessary to issue Commission Fees to you. If the Affiliate Platform does not receive the necessary tax or payment information within ninety (90) days of a Qualified Purchase which would otherwise trigger Commission Fees, the applicable commissions shall not accrue and no Commission Fees will be owed with respect to such Qualified Purchase.
  17. Each Affiliate is required to submit a W8 (for Affiliates located outside of the U.S.) or W9 (for Affiliates located in the U.S.) tax form before any Commission Fees shall accrue. You are responsible for the payment of all taxes related to the Commission Fees you receive under this Affiliate Agreement. In compliance with U.S. tax laws, the Affiliate Platform will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold.
  18. Any address change must be made in the Affiliate profile in the Affiliate Console at least fifteen (15) business days prior to the end of the calendar month in order for Commission Fees for that month to be processed.
  19. Eiwebs is not responsible for paying any third-party fees, including any fees charged by PayPal, in order for you to receive Commission Fees.
  20. Reports of Qualified Purchases

You may log into your Affiliate Console to review your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases. As such, Commission Fees may not be issued for all Referred Customers that appear in the Affiliate Console.

  1. Obligations Regarding Your Affiliate Site
  2. You are solely responsible for the development, operation, and maintenance of your Affiliate Site and for all materials that appear on your Affiliate Site. Such responsibilities include, but are not limited to, the technical operation of your Affiliate Site and all related equipment; creating and posting product reviews, descriptions, and references on your Affiliate Site and linking those descriptions to our website; the accuracy of materials posted on your Affiliate Site (including, but not limited to, all materials related to Eiwebs Products and Services); ensuring that materials posted on your Affiliate Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability and responsibility for such matters.
  3. We have the right in our sole discretion to monitor signups through your Affiliate Site from time to time to determine if you are in compliance with the terms of this Affiliate Agreement. If you are not in compliance, we may terminate your participation in the Affiliate Program effective immediately.
  4. Eiwebs Responsibilities

We will provide all of the information necessary for you to make Links from your Affiliate Site to our site. Eiwebs will be solely responsible for order processing (including payment processing, cancellations, and refunds) for orders for Eiwebs Products and Services placed by a Referred Customer, for tracking the volume and amount of Qualified Purchases generated by your Affiliate Site, for providing information to Affiliates regarding Qualified Purchase statistics, and for providing Referred Customers with the services purchased.

  1. Policies and Pricing

Referred Customers who buy Eiwebs Products and Services through our affiliate network are deemed to be Eiwebs customers. Eiwebs Terms and Conditions, rules, policies, and operating procedures will apply to such customers. We may change our policies, pricing, and operating procedures at any time. For example, Eiwebs determines the prices to be charged for Eiwebs Products and Services sold through the affiliate network in accordance with our own pricing policies. Prices and availability of Eiwebs Products and Services may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect products that you have listed on your Affiliate Site, you may or may not be able to include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information on our website, but we cannot guarantee the availability or price of any particular Eiwebs Product or Service.

  1. E-mails and Publicity

You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages without Eiwebs prior written consent, to be granted or denied in Eiwebs sole discretion, in each instance. Additionally, you may only send emails containing a Eiwebs affiliate link and or a message regarding Eiwebs or the Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section 13 and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Affiliate Agreement by you and will result in the forfeiture by you of any and all rights you may have to any Commission Fees and the termination of your participation in the Affiliate Program. Further, if your account has excessive clicks in a very short period of time as determined by Eiwebs in its sole discretion, the Affiliate relationship may be terminated.

  1. IP Licenses and Use.
  2. Subject to the limitations set forth in this Affiliate Agreement, including Section 3, we grant you a non-exclusive, non-transferable, non-assignable, revocable license to (i) provide access to Eiwebs website through the Links solely in accordance with the terms of this Affiliate Agreement; and (ii) use Eiwebs IP for the sole purpose of promoting Eiwebs Products and Services on your Affiliate Site. You may not alter, modify, or change Eiwebs IP in any way or use Eiwebs IP in any manner that is disparaging or that otherwise portrays Eiwebs, any Eiwebs employee, representative or customer in a negative light. You are only entitled to use Eiwebs IP in compliance with the terms of this Affiliate Agreement. Your license to use Eiwebs IP shall immediately terminate upon the termination of your participation in the Affiliate Program for any reason. We reserve all of our rights in Eiwebs IP and your license to use Eiwebs IP is limited to the manner described herein. Eiwebs may review your Affiliate Site to ensure compliance with this Affiliate Agreement at any time.
  3. You grant to us a non-exclusive license to utilize your name, title, trademarks, and logos (the “Affiliate Trademarks”) in any advertisement or other materials used to promote Eiwebs and the Affiliate Program. For the avoidance of doubt, Eiwebs may, but is not obligated to use the Affiliate Trademarks at is sole discretion. This license shall terminate upon the termination of your participation in the Affiliate Program.
  4. Term and Termination
  5. The terms of this Affiliate Agreement are effective upon your submission of an application to the Affiliate Program and shall remain in effect until either party terminates your participation in the Affiliate Program (the “Term”). Your participation in the Affiliate Program may be terminated at any time by either party, with or without notice or cause.
  6. You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term. Commission Fees earned prior to the date of termination will be eligible for payment only if the orders for the related Eiwebs Products and Services are not cancelled/suspended within thirty (30) days and comply with all of the terms of this Affiliate Agreement. We may withhold your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by Eiwebs in its sole discretion.
  7. Any Affiliate who violates this Affiliate Agreement, Eiwebs Terms of Service, or any applicable law or regulation will immediately forfeit any right to any and all accrued, but not yet received, Commission Fees and will be immediately removed from the Affiliate Program.
  8. Eiwebs reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Affiliate Agreement, at any time for any reason, in Eiwebs sole discretion.
  9. Modification

We may modify this Affiliate Agreement at any time in our sole discretion, and any modifications shall take effect when posted on our website. Your continued participation in the Affiliate Program following the posting of any modification on our website will constitute your binding acceptance of the modified terms. Modifications may include, but are not limited to, changes in the scope of Eiwebs Products and Services eligible for Commission Fees, Commission Fee amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Affiliate Agreement, in which event you shall be entitled to your rights under the unmodified Affiliate Agreement in effect prior to the date of the applicable modification.

  1. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or any Eiwebs Products and Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representation that the operation of our websites will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption.

  1. Relationship of Parties

You and Eiwebs are independent contractors, and nothing in this Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Affiliate Site or otherwise, that contradicts anything in this Section 18.

  1. Representations and Warranties

You hereby represent and warrant to us as follows:

  1. You have reviewed and understand this Affiliate Agreement and agree to be bound by its terms.
  2. Your acceptance of this Affiliate Agreement and participation in the Affiliate Program will not violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
  3. You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant to Eiwebs the license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any third person or entity.
  4. You are not required to obtain consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party in connection with your entrance into this Affiliate Agreement
  5. There is no pending or threatened claim, action, or proceeding against you, or any affiliate of yours with respect to the Affiliate Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
  6. During the Term, you will not include in your Affiliate Site content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or in violation of our Terms of Serviceor Acceptable Use Policy.
  7. You are at least eighteen (18) years of age.
  8. Each Referred Customer and Referred Reseller is valid, genuine, and unique and meets the criteria of a Qualified Purchase for generating a Commission Fee as provided in this Affiliate Agreement.
  9. Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AFFILIATE AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AFFILIATE AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AFFILIATE AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

  1. Indemnification

You hereby agree to indemnify and hold harmless Eiwebs and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your Affiliate Site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.

  1. Confidentiality

Each of the parties hereto agrees that all information including, without limitation, the terms of this Affiliate Agreement, business and financial information, Eiwebs customer and vendor lists, or pricing and sales information (including without limitation commission rates), shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Affiliate Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party not under any obligation of confidentiality to the disclosure hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) pursuant to a valid subpoena or order issued by a court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Exchange Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder. In the event of such disclosure, the receiving party shall give the disclosing party prior notice before releasing any information unless giving such notice is prohibited.

  1. Independent Investigation

You understand that we may at any time (directly or indirectly) solicit Eiwebs relationships on terms that may differ from those contained in this Affiliate Agreement. We may also solicit relationships with entities that operate websites that are similar to or compete with your Affiliate Site. You have independently evaluated the desirability of participating in the Eiwebs Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Affiliate Agreement.

  1. Miscellaneous
  2. Governing Law- The laws of the State of Massachusetts will govern this Affiliate Agreement, without reference to rules governing choice of laws. Any action relating to this Affiliate Agreement must be brought in the federal or state courts located in the State of Massachusetts and you irrevocably consent to the jurisdiction of such court.
  3. Binding Arbitration- By participating in this Affiliate Program, you agree to binding arbitration for any disputes or claims that arise against Eiwebs or its subsidiaries in conjunction with this Affiliate Program. An arbitration firm selected by Eiwebs will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this Affiliate Program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.
  4. Assignment- You may not assign this Affiliate Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Affiliate Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns
  5. Waiver- Our failure to enforce your strict performance of any provision of this Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Affiliate Agreement.

This file was last modified on April 07, 2020.

 

UETA Act & ESIGN Act

Learn about the Uniform Electronic Transactions Act (UETA)
and the Electronic Signatures in Global and National Commerce Act (ESIGN) and their impact on electronic documents and electronic commerce

What is the UETA and ESIGN Act?

You may see the terms ‘UETA’ and ‘ESign Act’ referred to on this site and elsewhere in connection with getting legally binding documents signed online.

These are both regulatory acts drawn up by the US government to provide legal guidelines for ensuring the validity of electronic records and documents signed online.

  • The Uniform Electronic Transactions Act (‘UETA’) is an Act adopted prior to the ESIGN Act by 47 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands (source: NCCUSL) by the National Conference of Commissioners on Uniform State Laws.
  • The Electronic Signatures in Global and National Commerce Act (‘ESIGN’) was passed at the federal level in 2000 (source) and became federal law in the United States.

What Do These Acts Mean?

Together these Acts establish guidelines by which electronic records and signatures achieve the same legal standing as traditional paper documents and handwritten signatures.

It states that: A document or signature cannot be denied legal effect or enforceability solely because it is in electronic form.

However, in order to achieve this equal standing, almost all documents signed between parties in the United States must meet the requirements set down by these two Acts before they can be deemed ‘legal and binding’.

Basic Legal Requirements for Online Document Signing

Contained within these Acts are several key requirements that parties signing documents online need to be aware of, including:

  1. INTENT TO SIGN MUST BE CLEAR

A digital signature is only valid if the signer intends to sign the document and there is no possibility of forgery.

  1. THE SIGNATURE MUST BE ASSOCIATED WITH THE RECORD

To meet the requirements of ESIGN and UETA, the system used to capture the electronic transaction must either:

  • Keep an associated record that details how the signature was captured, or
  • Make a textual or graphic statement that can be added to the signed record.
  1. THERE MUST BE CLEAR CONSENT TO DO BUSINESS ELECTRONICALLY

This stipulation is mainly for Business-to-Consumer transactions, where the customer may not always be clear what they are signing and why. Between businesses, consent to do business in this way is usually established easily during standard interactions. However, ESIGN and UETA protect consumers by stipulating that electronic records can be used to deliver information to consumers only if they complete a set of actions:

  • Receive certain disclosures (UETA Consumer Consent Disclosures);
  • Have affirmatively consented to use electronic records for the transaction; and
  • Have not withdrawn their consent.
  1. THERE MUST BE ACCESS TO RECORDS

These Acts also state that electronically-signed documents (or electronic contracts) are only valid if they are capable of being retained and are available for later reference by all parties involved in the contract.

  1. NO TAMPERING OF DOCUMENTS

If a document has been tampered with in any way before it is signed it may be rendered invalid. Therefore checks and measures must be introduced to ensure that both parties are signing an original, in-tact document.

Other Important Considerations for UETA and ESIGN

Documents requiring notarization can still be submitted electronically as long as the notary or individual who is an authorized witness of the parties’ agreement can also apply their digital signature to the documents.