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What is this?
The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of these services implies agreement with these terms!
Questions?
Any questions regarding this agreement should be sent to the sales department prior to signing up for service.
Terms of Service
BitcoinWebHosting.net (hereinafter referred to as “BWH”) provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using BWH services.
Service Agreement
The BWH Service Agreement is a separate agreement between BWH and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using BWH’s services. Contact our sales department for any clarifications.
Resource Usage Policy
The BWH Resource Usage Policy is an extension of the Terms of Service containing more specific utilization policies. Please make sure you are in agreement with its points and conditions before signing up for or using BWH’s services. Contact our sales department for any clarifications.
Domain Registration Agreement
The BWH Domain Registration Agreement is applicable for all domains registered by or transferred to BWH by a client. By registering or transferring a domain, client acknowledges their acceptance of the Domain Registration Agreement. Contact our sales department for any clarifications.
ICANN requires complete and accurate domain registration contact information. If your domain is important to you we highly recommend using information that matches a government issued ID. This is important in case ICANN or the domain registrar requests validation of your registrant information.
Content
All services provided by BWH may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless BWH from any claims resulting from the use of the service which damages the subscriber or any other party.
Examples of non-acceptable content
Pirated software
Phishing
Bulk Email of any kind (double/triple opt-in or otherwise).
Hacking/cracking related websites
Promotion of illegal material or products
Warez and/or copyrighted MP3s
BWH will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!
Copyright Violations
BWH will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws applicable to the jurisdiction the content is hosted in. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.
System Resource Usage
If BWH’s system administration team determines that an account is utilizing an unacceptable amount of system resources, BWH may temporarily deactivate the account in question. If BWH’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with seven (7) days in which to either upgrade to a VPS or other hosting solution as recommended by BWH staff or locate a new provider. This only occurs in extreme cases; BWH will do all it can to assist customers prior to this scenario.
BWH will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
Backups
BWH performs nightly backups of shared and reseller servers; however, these backups are for BWH’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. BWH does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on BWH’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
Unsolicited Email (SPAM)
SPAMing, or the sending of unsolicited email, from a BWH server or using a return email address that is maintained on a BWH server is STRICTLY prohibited. Using SPAM to advertise a site hosted on BWH’s network also constitutes as a violation of this provision. BWH will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.
For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $90/hour for any cleanup, research, and related work from their illegal activities.
Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.
Support Abuse
At BWH, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.
Server Abuse
Any attempts to undermine or cause harm to a BWH Internet Solutions server or customer of BWH is strictly prohibited.
BWH will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation without refund.
Cancellation
Cancellations are processed by our Billing department. To cancel an account, submit your cancellation request from inside your client portal using the cancellation button.
Dedicated servers must be canceled 5-days before your renewal date. Any account with dedicated servers that are not canceled 5-days prior to renewal and are suspended for non-payment will result in ALL services for that account being suspended until past due balance has been paid.
CANCELLATIONS DONE VIA EMAIL OR CHAT WILL NOT BE ACCEPTED.
Non-Payment/Service Interruption
Services interrupted for non-payment may be subject to a $25 late fee. Data stored on a client’s services will not be available to the client until reconnection is established. Clients deactivated for non-payment or charge-back are subject to their data being destroyed three (3) days from the suspension/charge-back date. Bitcoinwebhosting.net is not responsible for data integrity, regardless of circumstance. Bitcoinwebhosting.net strongly recommends keeping up to date and off-network backups to protect against data loss.
Refunds
ALL SALES ARE FINAL! REFUNDS ARE PROCESSED AS A CREDIT ON YOUR ACCOUNT, WHICH YOU CAN USE TO PAY ANY FUTURE INVOICES.
The 30 Day Guarantee applies to the following services only:
Shared Web Hosting
Reseller Hosting
The 30 Day Guarantee does not apply to nor are refunds available for the following services:
Semi-Dedicated Hosting
Edge WordPress Hosting
Managed Dedicated Servers
Cloud Servers or Cloud Compute Servers
Unmanaged Dedicated Servers
Domain Name Registrations/Transfers/Renewals
DDoS Protection Services
IP Addresses
Add-Ons such as WHMCS, cPanel, Litespeed, Cloudlinux, or Windows Licenses.
Note that the 45 day period ends exactly 45 days from the day on which account was originally activated (not the day the order was placed). It is not valid towards account renewals. This guarantee is VOID if your account violates our Terms of Service or Service Agreement. Setup fees are non-refundable. External services, such as but not limited to, dedicated IP addresses, installation charges, WHMCS licenses, etc., are also non-refundable.
Services that include a free domain registration and are canceled within 90 days of the service start date are subject to a $55 fee for domain registration and handling fees.
Pro-rated service credit and refunds are available for the following services:
Shared Web Hosting
Reseller Hosting
Pro-rated service credits are calculated using the price originally paid. Pro-rated refunds are calculated using the price originally paid minus any discounts received for long-term contracts.
Failure to Follow Policies
Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to BWH’s discretion). Any accounts and/or servers contained within BWH’s network must adhere to the above policies.
We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund–and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.
BWH reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.
What are Resource Usage Policies?
In hosting environments, a server’s resources are what economists would call a common pool resource, meaning that although having plenty of available system resources benefits everyone, no single user has an incentive to ensure that they don’t use too many resources themselves. In an effort to protect against the tragedy of the (server) commons, we have placed limits on the amount of a server’s resources that any given user may consume. While these are limits, server abuse is not limited to these policies and is up to BitcoinWebHosting.net’s discretion what constitutes server abuse.
The Purpose of These Policies
Understand that these policies are in place to protect you, our customers, from poor service quality. Generally, if we need to impose a restriction on an account for resource abuse, that account is in violation of at least two of these policies (or one policy to a very serious degree) and is adversely affecting the other clients on their server. The large, large majority of sites, at least 99.5%, will never even have to take these limits into consideration. That being said, it’s good to make yourself aware of them.
Enforcement
It is also important to note that many of these limits can be seen as “soft” limits. They are not actively enforced, and you can run up to or even over most of them without issue. If, however, you start to affect the overall performance of a server, we do need to have limits and policies in place. Without them it’s incredibly hard to explain to the customer, in quantitative terms, exactly how a site is consuming too many system resources. If an account is found to be in violation of these Resource Usage Policies, we will do our best to work with clients to give 48 hours, 5 days, or 10 days' notice, depending on the severity of the violation. We reserve the right as outlined in the Terms of Service to suspend a site if it is causing a severe problem.
What is Unlimited at Bitcoinwebhosting.net?
What we mean is, you don’t have to worry about disk storage or network transfer when your site gets popular. We want our customers to be able to build their websites without having to worry about disk space and bandwidth.
You DO still have to worry about plenty of other things though… if your site isn’t well optimized and is causing issues for others on your shared server (either because it’s pounding the CPU, hogging RAM, or doing tons of disk I/O), you may be asked to sign up for your own Virtual Private Server.
To maintain stable server operation, all customers must use their hosting accounts in accordance with our Terms of Service and Resource Usage Policy. Trust us, every host out there has exactly the same limitations… we’re just trying to be up front about them!
Only roughly .1% of customers ever fall outside what we consider normal usage. Typically, those that do fall in the atypical category are generally using their accounts for purposes that violate our TOS such as free porn affiliate sites, anime video trading, file sharing, home computer/file backups, or similar.
Simply put – disk space and bandwidth are no longer factors in shared hosting. So what are the limiting factors?
CPU Usage
Memory Usage
CPU Time
These are the measurements that truly matter in shared hosting. All shared hosting customers have access to their account stats and resource usage within cPanel so that they can monitor their usage!
What about databases?
You’re certainly allowed an unlimited number of MySQL databases, but in the interest of server stability we request that you try to keep them optimized and no larger than 2GB in size.
What about email?
In order to keep the mail system operating smoothly, there are some restrictions on email storage. All forward-only mail accounts are limited to 10 forward addresses.
What's not allowed in "Unlimited"?
Basically, sites whose essential purpose is to use disk or bandwidth. When making a website, you should be thinking about “How can I make an interesting site for my visitors while minimizing my server storage, bandwidth, file system, memory, and cpu impact as much as possible?”
Here are some specific examples of things not allowed:
Copyrighted content to which you do not hold usage or distribution rights.
File upload / sharing / archive / backup / mirroring / distribution sites.
A site created primarily to drive traffic to another site.
Making your account resources available (whether for free or pay) to the general public.
Bitcoinwebhosting reserves the right to delete data stored on our servers that violates any of the terms in the Unlimited Policy, and, generally, in our
Terms of Service.
Bitcoinwebhosting has sole discretion to determine what does, and does not violate either policy.
What happens if I exceed my Resource allotment?
We truly hope you never do! But if you do, we will contact you with as much information that we can to help you in lowering your usage. We will do everything in our power to contact you before your account affects other customers on the server. In the extreme cases where an account is negatively impacting other customers on the server, we are forced to take action as necessary. We know you wouldn’t want another customer on your server causing your website to be offline, so we will always do what is best for the greatest number of customers.
Questions or Concerns?
If you have any questions or concerns about your website and how it may fall into the different usage categories, please contact our staff. We will be apply to discuss things with you.
Domain Registration Agreement
This Registration Agreement (“Agreement”) sets forth the terms and conditions of your use of domain name registration and related services (“Services”). In this Agreement “you” and “your” refer to you and the registrant listed in the WHOIS contact information for the domain name. “We”, “us” and “our” refer to the registrars listed at the bottom of this document, any one of which will be the registrar for your domain name and all of which share common ownership, common terms and conditions, and a shared Services infrastructure. To determine which registrar your domain name is registered with, perform a WHOIS lookup at http://www.uwhois.com. You obtain the Services first through a Primary Service Provider, BWH.com, with whom we have a wholesale relationship. Your relationship with your Primary Service Provider may be governed by additional terms, as you and your Primary Service Provider may agree. “We,” “us” and “our” does not include your Primary Service Provider, except when specifically mentioned or unless your Primary Service Provider is one of us (i.e. if your Primary Service Provider is also one of the registrars listed at the bottom of this document).
YOU AGREE TO THIS AGREEMENT: By using the Service(s), you agree to all terms and conditions of this Agreement, the UDRP (define below) and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by ICANN, the registries, and governments.
PASSAGE OF TIME: This Agreement will change over time. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your domain name registration services to another registrar or request of us that we cancel your domain name registration services. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes. Any such revision or change will be binding and effective within 30 days of when the revised Agreement or change to the Service(s) is posted to the website of either the Primary or Backend Service Providers, or 15 days after you view the revised Agreement or 15 days after notification is sent to the e-mail address provided in association with your domain name registration. You agree to review this Agreement periodically to make yourself aware of any such revisions.
YOUR ACCOUNT: You must create an account to use the Services. Your account is typically going to be managed and/or provided by your Primary Service Provider. You are responsible for maintaining and updating all login IDs, passwords, and for all access to and use of your account by you or any third party.
SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S): We may reject your domain name registration application or elect to discontinue providing Service(s) to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, we may terminate or suspend the Service(s) at any time for cause, which, without limitation, includes registration of prohibited domain name(s), abuse of the Services, payment irregularities, serious allegations of illegal conduct, or if your use of the Services involves us in a violation of any Internet Service Provider’s (“ISP’s”) acceptable use policies, including the transmission of unsolicited bulk email. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option. If we have grounds to terminate or suspend Service(s) with respect to one domain name or in relation to other Service(s) provided through your account, we may terminate or suspend all Service(s) provided through your account, including Service(s) to other domain names. No fee refund will be made when there is a suspension or termination of Service(s) for cause. At any time and for any reason, we may terminate the Services 30 days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name or risk that we may delete your domain name or suspend or modify Services to it. If we terminate Services for a reason other than cause, we will attempt to refund your fees. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar or registry administrator procedures approved by an ICANN-adopted policy, to correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the resolution of disputes concerning the domain name.
OUR SERVICES: We resell domain names from accredited registrars with the Internet Corporation for Assigned Names and Numbers (“ICANN”) for Top Level Domain Names (“TLDs”) (such as .com, .net, .org, .de, co.uk, etc.). ICANN oversees registrations and other aspects of the TLDs. Domain name registrations are not effective until the registry administrator puts them into effect. For a list of registry administrators and for more information on TLDs, see HYPERLINK http://www.icann.org/tlds/. Domain name registrations are only for limited terms, terms which end on the expiration date. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry; for domain names registrations which were not returned to the available namespace, the term begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry. You agree that we are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration (our limitation of liability is explained further, below). You further agree that domain name registration is a service, that domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that domain name registration services do not create a property interest.
YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY CLAIM(S). You further agree to indemnify, defend and hold harmless us, your Primary Service Provider, and applicable registry administrator(s) (including Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties’ directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, the domain name registration services you are obtaining from us.
NOT INCLUDED IN THE SERVICES: Without limitation, the following are not included in the Services: We cannot and do not check to see whether the domain name(s) you select, or the use you make of the domain name(s), or other of the Service(s), infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use infringes legal rights of others.
IF LAWSUIT(S) ARE THREATENED: If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney’s fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.
DISPUTE RESOLUTION POLICY: You agree to the Uniform Domain Name Dispute Resolution Policy (“UDRP”), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm . You agree that the UDRP may be changed by ICANN (or ICANN’s successor) at any time. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.
FEES: As consideration for the Service(s), renewal of the Service(s), and, if you keep it, automatic renewal of the Service(s), you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.
EXPIRATION AND RENEWAL OF SERVICE(S): Domain registrations are automatically renewed; opt-out of auto renewal is available in client control panel. You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we and/or your Primary Service Provider may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you keep automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully. *please note: for certain TLDs, the automatic renewal option is not available
YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION: In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, you represent that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (b) that you have obtained the third party’s express consent to the disclosure and use of that party’s information as set forth in this Agreement. By registering a domain name or applying for other Service(s) you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. As indicated elsewhere in this Agreement, you understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), you may lose your rights to the domain name(s) or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction therewith. While we will perform due diligence to ensure domain information is correct, it is your responsibility to report any discrepancies regarding domain names to us including but not limited to: incorrect expiration date, incorrect contact information, and erroneous billing.
ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY: In order to change any of your account or domain name WHOIS information, you must access your account with your account with us. Please safeguard your account login identifier and password from any unauthorized use. You agree that any person in possession of you account login identifier and password will have the ability and your authorization to modify your account and domain name information. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. You agree that, if we take reasonable precautions in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact us alleging that a third party has unauthorized access to your account or domain names, you agree that we may charge you administrative fees of $50 (US dollars) per hour for our time spent in relation to the matter, regardless of whether or not we return control over the account and/or domain names to you.
TRANSFERS: You agree that transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a “Registrar Lock” on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed. To transfer your domain name(s) you should first login to your account to lock or unlock your domain name(s) and/or to obtain the EPP “AuthCode” which is required to transfer domain services in an EPP registry (such as .org). Alternatively, you should contact your Primary Service Provider to have your domain name(s) services locked or unlocked or to obtain the EPP “AuthCode.” If your Primary Service Provider is unresponsive, you may contact us to have your domain name(s) locked or unlocked or to obtain the EPP “AuthCode” though we may first contact your Primary Service Provider to request that the Primary Service Provider address the request. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and loosing registrars as outlined in ICANN’s transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME
ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
PRIVACY POLICY: You agree and consent that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html.
AGENTS AND LICENSES: You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.
USE OF FREE SERVICES: In consideration for providing additional optional Services for which we do not charge an additional fee, including, but not limited to, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other services which we may introduce from time to time but for which there is not a separate fee (“Free Services”), you agree that, if you use such Free Services, we may display advertising in conjunction therewith through the use of pop-up or pop-under browser windows, banner advertisements, audio or video steams, appendices to emails, or other similar advertising means, and that we may aggregate related usage data by means of cookies and other similar means. You agree that from time to time we may provide you with free or low-cost domain name(s) services (“Promotional Name(s)”). If we do so, the services for the Promotional Name(s) will be placed in the same account as your other domain name(s) and you will be listed as the registrant, though we may point the Promotional Name to IP address(es)of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and agree to the terms of this Agreement with respect to such Promotional Name(s). If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and we will be listed as the domain name registrant. Alternatively, you may contact us or your Primary Service Provider to request that we delete the Promotional Name from the namespace. For any domain name services, including these Promotional Names, for which you are listed as registrant but for which you do not pay the registration or renewal fee, you agree that we may assign name-servers to the domain name and point the domain name to IP address(es) designated by us until the registration or renewal fee is paid.
AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION: Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
Reactivation Period Process. For a period of approximately 30 days after expiration of the term of domain name registration services, you acknowledge that we may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, called the “reactivation period.” You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a reactivation period and that we shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which we and your Primary Service Provider may determine. You acknowledge and agree that we may make expired domain name services(s) available to third parties, that we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.
After the reactivation period, you agree that we may either (i) discontinue the domain name registration services at any time thereafter, (ii) that we may pay the registry’s registration fee or otherwise provide for the registration services to be continued, or, (iii) if we auctioned the domain name services to a third party, that we may transfer the domain name registration services to such third party.
In the case of (i), above, you acknowledge that certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the “Redemption Grace Period” (“RGP”). You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in the RGP process with respect to any or all of your domain name registration services and that we shall not be liable therefore. If available, RGP typically ends between 30 and 42 days after the end of the reactivation period of the domain name services, as the reactivation period applied to you. The typical RGP fee is $250 plus any registration fees. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued.
In the case of (ii), above, you acknowledge that we may then set the name-servers and the DNS settings for the domain name services, that we set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and you acknowledge that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result. You agree that we are not obliged to contact you to alert you that the domain name registration services are being continued. In this case, the domain name will be designated as being in the extended redemption grace period (“ERGP”), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay a fee of $250 (US dollars) plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services.
In the case of (iii), above, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services for a period of up to 42 days after the end of the reactivation period, as such reactivation period applied to you. You agree that we are not obliged to contact you to alert you that the domain name registration services are or were auctioned. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result of such an auction. To exercise your rights to recover auctioned domain name services, you must contact us and provide us with a certified letter addressed to “Expiration Recovery” and including documents setting forth your identity and address, which identity and address must be the same as that of the registrant as it was listed in the WHOIS information for the domain name services prior to expiration, a copy of a commonly accepted (in the United States) picture ID (such as a drivers license or passport) which supports your identity and address claim, a front and back photocopy of your credit card and you must a statement authorizing payment of the reinstatement fee to such credit card, which is $250 plus any registration fees. In doing so, you must provide us with sufficient time to allow us to receive and evaluate your documents and to contact the auction winner prior to the end of 30 days after the end of the reactivation period of the domain name services.
LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00 US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNITY: With respect to ICANN, the registry operators, us, and your Primary Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification required under the UDRP.
REPRESENTATIONS AND WARRANTIES: YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND
JURISDICTION FOR DISPUTES: Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Wyoming, as if the Agreement was a contract wholly entered into and wholly performed within the State of Wyoming. You agree that any action brought by you to enforce this Agreement or any matter brought by you and which is against or involves us and which relates to your use of the Services shall be brought exclusively in Cheyenne County, Wyoming. You consent to the personal and subject matter jurisdiction of any state or Federal court in Cheyenne County, Wyoming in relation to any dispute between you and us under this Agreement. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or domain name WHOIS information. Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder’s domicile, and (b) where we are located, currently Cheyenne, WY.
NOTICES: You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
INFANCY: You attest that you are of legal age to enter into this Agreement.
GENERAL: This Agreement and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provi