This AUP governs the use of Webradio Hosting's web hosting and radio hosting services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Webradio Hosting regarding the interpretation of this AUP, Webradio Hosting's interpretation, in its reasonable commercial judgment, shall govern.
Acceptable User Policy for Web Hosting service
The following is the entire Acceptable User Policy ("AUP") agreement between Webradio Hosting and the personal or corporate account holder. Webradio Hosting provides World Wide Web Hosting, web design and script installation. Webradio Hosting has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. Webradio Hosting's general policy is to act as a provider of Internet presence. Webradio Hosting reserves the rights to suspend or cancel a customer's access to any or all services provided by Webradio Hosting when we decide that the account has been inappropriately used.
What is Appropriate Usage?
Webradio Hosting is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
Webradio Hosting is a shared web hosting service, which means that a number of customers' web sites and other email or storage services are hosted from the same server. Webradio Hosting uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers' sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
Disk Space
If you use your services consistently with the terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers' sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate for your particular plan.
Webradio Hosting Customers may not initiate the following (below), if any customer does Webradio Hosting may terminate the account with no refund. Depending on the situation there will/won't be warnings sent.
a) Use 25% or more of system CPU resources for longer then 90 seconds or 1% of the servers CPU resources for longer than 5 minutes. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home.
c) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
d) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
e) Run any software that interfaces with an IRC (Internet Relay Chat) network.
f) Run any file sharing, bit torrent or other P2P network services, client or server software.
g) Run any gaming servers such as counter-strike, half-life, battlefield 1492 etc
Bandwidth
In most cases, if you use our services consistently with our terms of Service, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You will always be able to use as much bandwidth as your account has. For example our Enterprise Plan comes with 40GB bandwidth which is a huge amount, all of this 40GB can be used. Bandwidth is also reset every month.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Email Storage
You do not have to worry about hitting a storage limit if you use our services consistently with the terms of Service and our acceptable usage policy. Webradio Hosting will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone. You will always be allowed to use as much disk space is applied to your account.
Unlimited
You may have noticed that some of our accounts come with unlimited email accounts, sub-domains, FTP accounts and in some cases domains. This is subject to how much disk space your account has. So you can create as many emails, sub-domains etc as you want as long as it's within your disk space limit.
Offensive Content
You may not publish or transmit via Webradio Hosting's service any content that Webradio Hosting reasonably believes:
a) constitutes child pornography;
b) constitutes pornography;
c) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
d) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
e) is defamatory or violates a person's privacy;
f) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
g) improperly exposes trade secrets or other confidential or proprietary information of another person;
h) is intended to assist others in defeating technical copyright protections;
i) clearly infringes on another person's trade or service mark, patent, or other property right;
j) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
k) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Webradio Hosting;
l) is otherwise malicious, fraudulent, or may result in retaliation against Webradio Hosting by offended viewers;
Webradio Hosting does not accept material such as:
a) Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.
b )Content "published or transmitted" via Webradio Hosting's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Webradio Hosting.
* Webradio Hosting can terminate service for any of the above reasons and it's at Webradio Hosting's sole discretion to issue a refund
Security
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Comercial Email
Bulk commercial email, mailing lists and email reflectors are allowed on Webradio Hosting's servers, we do however allow a maximum of 500 emails per hour per account. For any emails sent from your Webradio Hosting account you must adhere to the following rules:
a) Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
b) Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
c) You may not obscure the source of your e-mail in any manner.
d) You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your Webradio Hosting service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Webradio Hosting service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
Unsolicited E-Mail
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your Webradio Hosting's services.
Material Protected By Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
a) you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
b) you are otherwise permitted by established United States copyright law to copy the work in that manner.
Webradio Hosting will terminate the service of repeat copyright infringers.
Phishing
You agree that Webradio-Hosting.com may terminate your Service immediately if a form's purpose is found to be deceptively obtaining: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.
Collecting Sensitive Information
You may not use the webradio hosting services to collect certain types of sensitive information, including but not limited to credit card information and any type of login credentials.
You may collect some sensitive information such as social security numbers or driver's license numbers, but you are required to use best security practices of webradio-hosting.com including SSL and Encrypted Forms features. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.
Other
You must have valid and current information on file with your domain name registrar for any domain hosted on the Webradio Hosting network.
Disclaimer
Webradio Hosting is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Webradio Hosting network.
Internet Abuse
You may not engage in illegal, abusive, or irresponsible behavior, including:
a) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Webradio Hosting and its customers) without express authorization of the owner of the system or network;
b) monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
c) Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
d) Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
e) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
f) Any conduct that is likely to result in retaliation against the Webradio Hosting network.
g) Use of Webradio Hosting's network in a way that unreasonably interferes with Webradio Hosting's other customers use of the network
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
Domain Registrant Agreement
This Domain Registrant Agreement (hereinafter referred to as the "Agreement") between you ("you", "your" or "Registrant") and the Registrar of the Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward (the "Order") that you have registered/reserved through or transferred to Registrar, sets forth the terms and conditions of Registrar's domain name registration service and other associated services as described herein..
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you", "your" and "Registrant" shall refer to such entity..
This Agreement explains our obligations to you, and your obligations to us in relation to each Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward that you have registered/reserved through or transferred to Registrar ("Order"), directly or indirectly, whether or not you have been notified about Registrar..
This Agreement will become effective when the term of your Order begins with Registrar and will remain in force until the Order remains as an active Order with Registrar. Registrar may elect to accept or reject the Order application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for a prohibited Order.
WHEREAS, Registrar is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX 'U';
AND WHEREAS, the Registrant is the Owner of a registration of a domain name ("the SLD") in any of the TLDs mentioned within APPENDIX 'U', directly or indirectly;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar and the Registrant, intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1) "Business Day" refers to a working day between Mondays to Friday excluding all Public Holidays.
(2) "Communications" refers to date, time, content, including content in any link, of all oral / transmitted / written communications / correspondence between Registrar, and the Registrant, and any Artificial Juridical Person, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity acting on their behalf.
(3) "Customer" refers to the customer of the Order as recorded in the OrderBox Database.
(4) "OrderBox" refers to the set of Servers, Software, Interfaces, Registrar Products and API that is provided for use directly or indirectly under this Agreement by Registrar and/or its Service Providers.
(5) "OrderBox Database" is the collection of data elements stored on the OrderBox Servers.
(6) "OrderBox Servers" refer to Machines / Servers that Registrar or its Service Providers maintain to fulfill services and operations of the OrderBox.
(7) "OrderBox User" refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the "OrderBox" by the Customer, directly or indirectly.
(8) "Registrar" refers to the Registrar of record as shown in a Whois Lookup for the corresponding Order at the corresponding Registry Operator.
(9) "Registrar Products" refer to all Products and Services of Registrar which it has provided/rendered/sold, or is providing/rendering/selling.
(10) "Registrar Servers" refer to web servers, Mailing List Servers, Database Servers, OrderBox Servers, Whois Servers and any other Machines / Servers that Registrar or its Service Providers Operate, for the OrderBox, the Registrar Website, the Registrar Mailing Lists, Registrar Products and any other operations required to fulfill services and operations of Registrar.
(11) "Registrar Website" refers to the website of the Registrar.
(12) "Registry Operator" refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that is involved in the management of any portion of the registry of the TLD, including but not limited to policy formation, technical management, business relationships, directly or indirectly as an appointed contractor.
(13) "Resellers" - The Registrant may purchase the Order through a reseller, who in turn may purchase the same through a reseller and so on (collectively known as the "Resellers").
(14) "Service Providers" refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that the Customer and/or Registrar and/or Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfillment / provision / purchase of Registrar Products, OrderBox, and any other services and operations of Registrar.
(15) "Whois" refers to the public service provided by Registrar and Registry Operator whereby anyone may obtain certain information associated with the Order through a "Whois Lookup".
(16) "Whois Record" refers to the collection of all data elements of the Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry.
2. OBLIGATIONS OF THE REGISTRANT
(1) The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the Order in the OrderBox Database during the term of the Order. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant's failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Order in the OrderBox database concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order.
(2) The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Order in the OrderBox Database, the data element in the OrderBox Database records shall prevail.
(3) The Registrant acknowledges that the authentication information for complete control and management of the Order will be accessible to the Registry Operator, Service Providers, Resellers and the Customer. Any modification to the Order by the Resellers, Customer or Service Providers will be treated as if it is authorized by the Registrant directly. Registrar is not responsible for any modification to the Order by the Customer, Resellers, Registry Operator, or Service Providers.
(4) The Registrant acknowledges that all communication about the Order will be only done with the Customer or the Resellers of the Order. Registrar is not required to, and may not directly communicate with the Registrant during the entire term of the Order.
(5) The Registrant shall comply with all terms or conditions established by Registrar, Registry Operator and/or Service Providers from time to time.
(6) The Registrant must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN (http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm) and the Registry Operator.
(7) During the term of this Agreement and for three years thereafter, the Registrant shall maintain the following records relating to its dealings with Registrar, Resellers and their Agents or Authorized Representatives:
(1) in electronic, paper or microfilm form, all written communications with respect to the Order;
(2) in electronic form, records of the accounts of the Order, including dates and amounts of all payments, discount, credits and refunds.
The Registrant shall make these records available for inspection by Registrar upon reasonable notice not exceeding 14 days.
3. REPRESENTATIONS AND WARRANTIES
(1) They have all requisite power and authority to execute, deliver and perform their obligations under this Agreement.
(2) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against Registrant and Registrar in accordance with its terms.
(3) The execution, delivery, and performance of this Agreement and the consummation by Registrar and the Registrant of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:
(1) any provision of law, rule, or regulation;
(2) any order, judgment, or decree;
(3) any provision of corporate by-laws or other documents;
(4) any agreement or other instrument.
(4) The execution, performance and delivery of this Agreement has been duly authorized by the Registrant and Registrar.
(5) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby.
The Registrant represents and warrants that:
(1) the Registrant has read and understood every clause of this Agreement;
(2) the Registrant has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement; and
(3) the Registrant is eligible, to enter into this Contract according to the laws of his country.
4. RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS
(1) Registrar, Service Providers and Registry Operator may change any information, of the Order, or transfer the Order to another Registrant, or transfer the Order to another Customer, upon receiving any authorization from the Registrant, or the Customer, or Resellers as maybe prescribed by Registrar from time to time.
(2) Registrar, Service Providers and Registry Operator may provide/send any information, about the Registrant, and the Order including Authentication information:
(1) to the Registrant;
(2) to any authorised representative, agent, contractee, employee of the Registrant upon receiving authorization in any form as maybe prescribed by Registrar from time to time;
(3) to the Customer, Resellers, Service Providers and Registry Operator;
(4) to anyone performing a Whois Lookup for the Order.
(3) Registrar in its own discretion can at any point of time with reasonable notification temporarily or permanently cease to sell any Registrar Products.
(4) Registrar and the Registry Operator, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Registrar may refund the fees charged for the Order, after deducting any processing charges for the same.
(5) Notwithstanding anything to the contrary, Registrar, Registry Operator and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, delete, suspend, deny, cancel, modify, take ownership of or transfer the Order, or to modify, upgrade, suspend, freeze OrderBox, or to publish, transmit, share data in the OrderBox Database with any person or entity, or to contact any entity in the OrderBox Database, in order to recover any Payment from the Registrant, Customer or Resellers, for any service rendered by Registrar including services rendered outside the scope of this agreement for which the Registrant, Customer or Reseller has been notified and requested to remit payment, or to correct mistakes made by Registrar, Registry Operator or Service Providers in processing or executing the Order, or incase of any breach of this Agreement, or incase Registrar learns of a possibility of breach or violation of this Agreement which Registrar in its sole discretion determines to be appropriate, or incase of Termination of this agreement, or if Registrar learns of any such event which Registrar reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Registrar Products, OrderBox, and the Registry or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in accordance/compliance with any agreements executed by Registrar including but not limited to agreements with Service Providers, and/or Registry Operator, and/or Customers and/or Resellers, or to avoid any liability, civil or criminal, on the part of Registrar and/or Service Providers, and/or the Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Registrant and/or Agents or any other authorized representatives of the Registrant violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS hijacking), distribution of virus or malware, child pornography, using Fast Flux techniques, running Botnet command and control, Hacking (illegal access to another computer or network), network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, or Registrar learns of the possibility of any such violation or upon appropriate authorization (what constitutes appropriate authorization is at the sole discretion of Registrar) from the Registrant or Customer or Reseller or their authorized representatives, or if Registrar, Registry Operator or Service Providers in their sole discretion determine that the information associated with the Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Registrar or Service Providers in their sole discretion determine that the ownership of the Order should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or for any appropriate reason. Registrar or Registry Operator, also reserve the right to freeze the Order during resolution of a dispute. The Registrant agrees that Registrar, Registry Operator and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator and Service Providers, are not liable for loss or damages that may result from any of the above.
(6) Registrar and Service Providers can choose to redirect an Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Order has expired, or is suspended, or does not contain valid Name Servers to direct it to any destination. Registrant acknowledges that Registrar and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.
(7) Registrar and Registry Operator has the right to rectify any mistakes in the data in the OrderBox Database with retrospective effect. 5. DISPUTE PROCESS
The Registrant agrees that, if the use of the Order is challenged by a third party, the Registrant will be subject to the provisions of the appropriate Dispute policy for that Order as mentioned in the appropriate Appendix in effect at the time of the dispute. The Registrant agrees that in the event a dispute arises with any third party, the Registrant will indemnify and hold Registrar, Registry Operator and Service Providers harmless in all circumstances, and that Registrar, Registry Operator and Service Providers will have no liability of any kind for any loss or liability resulting from any such dispute, including the decision and final outcome of such dispute. If a complaint has been filed with a judicial or administrative body regarding the Registrant's use of the Order, the Registrant agrees not to make any changes to the Order without Registrar's prior approval. Registrar may not allow the Registrant to make changes to such Order until:
(1) Registrar is directed to do so by the judicial or administrative body; or
(2) Registrar receives notification, in a manner prescribed by Registrar from time to time, by the Registrant and the other party contesting the Registrant registration or use of the Order, that the dispute has been settled.
6. TERM OF AGREEMENT / RENEWALS
(1) The term of this Agreement shall continue until the registrant of the Order in the OrderBox database continues to be the Registrant and the Order continues to exist and the Order Registration term continues to exist.
(2) Registrant acknowledges that it is the Registrant's responsibility to keep records and maintain reminders regarding the expiry of any Order. As a convenience to the Registrant, and not as a binding commitment, we may notify the Customer, via an email message sent to the contact information associated with the Customer in the OrderBox database, about the expiry of the Order. Should renewal fees go unpaid for an Order, the Order will expire.
(3) Registrant acknowledges that after expiration of the term of an Order, Registrant has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to the Registrar. Registrar and Service Providers may make any modifications to said Order or any information associated with said Order. Registrar and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Registrar and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Registrar and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Registrar and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Registrar and Service Providers may choose to transfer the ownership of the Order to any third party in their sole discretion. Registrant acknowledges that Registrar and Service Providers shall not be liable to Registrant or any third party for any action performed under this clause.
(4) Registrar at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately at the price then prevailing for such a process as determined by the Registrar in its sole discretion. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.
(5) Registrar makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase.
(6) This Agreement shall terminate immediately in the event:
(1) Registrar's contract with the Service Providers for the fulfillment of such Order is terminated or expires without renewal;
(2) Registrar's contract with the Registry Operator is terminated or expires without renewal;
(3) Registry Operator ceases to be the Registry Operator for the particular TLD;
(4) of Registrant-Registrant Transfer as per Section 8;
(5) of Registrar-Registrar Transfer as per Section 9.
(7) Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify the Order and suspend OrderBox Users' access to the OrderBox with immediate effect, upon the sole discretion of Registrar.
(8) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, unless specified otherwise. The Registrant however shall be liable for any damage arising from any breach by it of this Agreement.
7. FEES / RENEWAL
Payment of fees shall be governed as per the Payment Terms and Conditions set out in Appendix 'B.'
8. REGISTRANT - REGISTRANT TRANSFER
(1) Registrar may transfer the Order of the Registrant to another registrant under the following circumstances:
(1) authorization from the Registrant and/or their Agent or Authorized Representative in a manner prescribed by Registrar from time to time;
(2) authorization from the Customer and/or the Reseller in a manner prescribed by Registrar;
(3) on receiving orders from a competent Court or Law Enforcement Agency;
(4) for fulfillment of a decision in a domain dispute resolution;
(5) breach of Contract;
(6) termination of this Agreement;
(7) Registrar learns of any such event, which Registrar reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof.
(2) Registrant acknowledges that Registrar cannot verify the authenticity of any information, authorization or instructions received in Section (8)(1). Upon receiving such authorization that Registrar in its absolute unfettered and sole discretion deems to be genuine, Registrar may transfer the Order. Registrar cannot be held liable for any such transfer under any circumstance including but not limited to fraudulent or forged authorization received by Registrar.
(3) In the above circumstances the Registrant shall extend full cooperation to Registrar in transferring the Order of the Registrant to another registrant including without limitation, handing over all data required to be stored by the Registrant as per Section 3(5), and complying with all requirements to facilitate a smooth transfer.
(4) The Registrant's Order may not be transferred until Registrar receives such written assurances or other reasonable assurance that the new registrant has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by Registrar in its sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determined by Registrar in its sole discretion) to the terms and conditions in this Agreement, any such transfer maybe considered by Registrar as null and void in its sole discretion.
9. REGISTRAR-REGISTRAR TRANSFER
(1) The Registrant acknowledge and agree that during the first 60 days after initial registration of the Order, or after expiration of the Order the Registrant may not be able to transfer the Order to another registrar.
(2) Registrar may request the Registrant or any other contact associated with the Order for authorization upon receiving a request to transfer the Order to another registrar. The Registrant agrees to provide such authorization to Registrar. Registrar, in its sole discretion will determine, if such authorization is adequate to allow the transfer.
(3) Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact, if Registrar in its sole discretion determines that the transfer request it has received is a valid transfer request.
(4) Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact pursuant to the then applicable process and rules of transfer of domain names as laid out by the Registry Operator. Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time.
(5) Registrar may deny or prevent a transfer of an Order to another registrar in situations described in this Agreement including, but not limited to:
(1) a dispute over the identity of the domain name holder;
(2) bankruptcy; and default in the payment of any fees;
(3) any pending dues from the Customer or Resellers' or Registrant for any services rendered, whether under this agreement;
(4) any pending Domain Dispute Resolution process with respect to the Order;
(5) if the Order has been locked or suspended by the Customer or Resellers;
(6) any situation where denying the transfer is permitted under the then applicable process and rules of transfer of domain names as laid out by the Registry Operator, Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time;
(7) any other circumstance described in this Agreement;
(8) for any other appropriate reason;
(6) Registrar may at its sole discretion lock or suspend the Order to prevent a Domain Transfer.
(7) Registrar cannot be held liable for any domain name transferred away to another registrar, or for any denial of a transfer, in accordance with this Section 9 (Registrar-Registrar Transfer).
10. LIMITATION OF LIABILITY IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:
(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;
(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION 21 OF THIS AGREEMENT;
(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;
(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;
(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.
If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Registrar by the Registrant, then in no event will the liability of Registrar exceed actual amount received by Registrar for the Order minus direct expenses incurred with respect to the Order.
REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.
11. INDEMNIFICATION
(1) The Registrant, at its own expense, will indemnify, defend and hold harmless, Registrar, Service Provider, Registry Operator, Resellers and the contactors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator, Service Providers, and Resellers against any claim, suit, action, or other proceeding brought against them based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Registrar Products provided hereunder, or any use of the Registrar Products, including without limitation:
(1) infringement by the Registrant, or someone else using a Registrar Product with the Registrant's computer, of any intellectual property or other proprietary right of any person or entity;
(2) arising out of any breach by the Registrant of this Agreement;
(3) arising out of, or related to, the Order or use of the Order;
(4) relating to any action of Registrar as permitted by this Agreement;
(5) relating to any action of Registrar carried out on behalf of Registrant as described in this Agreement.
However, that in any such case Registrar may serve either of the Registrant with notice of any such claim and upon their written request, Registrar will provide to them all available information and assistance reasonably necessary for them to defend such claim, provided that they reimburse Registrar for its actual costs.
(2) Registrar will not enter into any settlement or compromise of any such indemnifiable claim without Registrant's prior written consent, which shall not be unreasonably withheld.
(3) The Registrant will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by Registrar in connection with or arising from any such indemnifiable claim, suit, action or proceeding.
12. INTELLECTUAL PROPERTY
Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Registrar to the Registrant, or by any disclosure of any Confidential Information to the Registrant under this Agreement.
Registrant shall further ensure that the Registrant does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Registrant acknowledges that Registrar cannot and does not check to see whether any service or the use of the services by the Registrant under this Agreement, infringes legal rights of others.
13. OWNERSHIP AND USE OF DATA
(2) Registrar, Service Providers and the Registry Operator and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Registrar, or Registry Operator or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.
14. DELAYS OR OMISSIONS; WAIVERS
No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing.
15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement
(2) Registrar, or the Registry Operator or any corresponding/designated policy formulating body may revise ANY of the Dispute policies, and eligbility criterias set forth in the various appendices as well as in any of the external URLs referenced within the appendices.
(3) Any such revision or change will be binding and effective immediately on posting of the revision on the Registrar Website or the corresponding URL referenced in this Agreement.
(4) The Registrant agrees to review the Registrar Website and all other URLs referenced in this Agreement, periodically, to be aware of any such revisions.
(5) The Registrant agrees that, continuing use of the services under this Agreement following any revision, will constitute as an acceptance of any such revisions or changes.
(6) The Registrant acknowledges that if the Registrant does not agree to any such modifications, the Registrant may terminate this Agreement within 30 days of such revision. In such circumstance Registrar will not refund any fees paid by the Registrant.
16. PUBLICITY
The Registrant gives Registrar the right to use the Registrant names in marketing / promotional material with regards to Registrar Products to Visitors to the Registrar Website, Prospective Clients and existing and new customers.
17. TAXES
18. FORCE MAJEURE
19. ASSIGNMENT / SUBLICENSE
Registrant agrees that if Registrant licenses the use of the Order to a third party, the Registrant nonetheless remains the Registrant of record, and remains responsible for all obligations under this Agreement.
20. NO GUARANTY
21. DISCLAIMER
REGISTRAR AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.
REGISTRAR AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, ORDERBOX OR BY ACCESSING REGISTRAR SERVERS. WITHOUT LIMITING THE FOREGOING, REGISTRAR AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH ORDERBOX OR REGISTRAR SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE ORDERBOX/REGISTRAR SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY REGISTRAR AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE ORDERBOX WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER.
REGISTRAR AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. REGISTRAR AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
FURTHERMORE, REGISTRAR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE ORDERBOX, ORDERBOX SERVERS, REGISTRAR WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 22. JURISDICTION & ATTORNEY'S FEES
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Registrar is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in city, state, country where Registrar is incorporated. Registrar reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management/Residence of the Registrant is situated as per the laws of that Country/State/District.
If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.
For the adjudication of disputes concerning or arising from use of the Order, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile and (2) the Registrar's country of incorporation.
(1) Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa.
23. MISCELLANEOUS
(3) The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator.
(4) This Agreement shall inure to the benefit of and be binding upon Registrar and the Registrant as well as all respective successors and permitted assigns.
(5) Survival: In the event of termination of this Agreement for any reason, Sections 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14, 16, 17, 20, 21, 22, 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23, 23(3), 23(5), 23(7), 23(11), 24(2) and all of Appendix A, and all Sections of Appendix B, and Sections 1, 2, 3 of Appendix W shall survive.
(6) This Agreement does not provide and shall not be construed to provide third parties (i.e. non-parties to this Agreement), with any remedy, claim, and cause of action or privilege against Registrar.
(7) The Registrant, Registrar, its Service Providers, Registry Operator, Resellers, and Customer are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the parties.
(8) Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, this Agreement.
(9) Construction: The Parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be applied in the construction or interpretation of this Agreement.
(10) Entire Agreement; Severability: This Agreement, including all Appendices 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. If necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.
(11) The division of this Agreement into Sections, Subsections, Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.
(12) This agreement may be executed in counterparts.
(13) Language. All notices, designations, and specifications made under this Agreement shall be made in the English Language only.
(14) Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in Turin, Italy) i.e. GMT+1
24. BREACH
(1) Registrar can immediately, without any notification and without assigning any reasons, suspend / terminate the Registrants access to the OrderBox Server.
(2) The Registrant will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.
(3) Registrar can immediately, without any notification and without assigning any reasons, delete / suspend / terminate / freeze the Order.
25. NOTICE
(2) Any notice or other communication required or permitted to be delivered to the Registrant under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, given and received when delivered to contact address of the Registrant in the OrderBox Database.
(3) Any notice or other communication to be delivered to any party via email under this agreement shall be deemed to have been properly delivered if sent in case of Registrar to its Legal Contact mentioned on the Registrar Website and in case of the Registrant to their respective email address in the OrderBox Database.
APPENDIX 'A'
1. ACCESS TO OrderBox
(1) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend OrderBox Users' access to the OrderBox in the event of significant degradation of the OrderBox, or at any time Registrar may deem necessary.
(2) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the OrderBox from time to time.
(3) Access to the OrderBox is controlled by authentication information provided by Registrar. Registrar is not responsible for any action in the OrderBox that takes place using this authentication information whether authorized or not.
(4) Registrar is not responsible for any action in the OrderBox by a OrderBox User.
(5) OrderBox User will not attempt to hack, crack, gain unauthorized access, misuse or engage in any practice that may hamper operations of the OrderBox including, without Limitation temporary / permanent slow down of the OrderBox, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the OrderBox and architecture needed to continue operation thereof.
(6) OrderBox User will not send or cause the sending of repeated unreasonable network requests to the OrderBox or establish repeated unreasonable connections to the OrderBox. Registrar will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections.
(7) OrderBox User will take reasonable measures and precautions to ensure secrecy of authentication information.
(8) OrderBox User will take reasonable precautions to protect OrderBox Data from misuse, unauthorized access or disclosure, alteration, or destruction.
(9) Registrar shall not be responsible for damage caused due to the compromise of your Authentication information in any manner OR any authorized/unauthorized use of the Authentication Information.
(10) Registrar shall not be liable for any damages due to downtime or interruption of OrderBox for any duration and any cause whatsoever.
(11) Registrar shall have the right to temporarily or permanently suspend access of a OrderBox User to the OrderBox if Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the OrderBox, or learns of any possible misuse that has occurred, or will occur with respect to a OrderBox User.
(12) Registrar and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, OrderBox
2. Terms of USAGE OF ORDERBOX
(1) Registrant, 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 OrderBox, directly or indirectly, in violation of any federal, state or local rule, regulation or law, or for any unlawful purpose, or to promote adult-oriented or "offensive" material, or related to any unsolicited bulk e-mail directly or indirectly (such as by referencing an OrderBox provided service within a spam email or as a reply back address), or related to ANY unsolicited marketing efforts offline or online, directly or indirectly, or in a manner injurious to Registrar, Registry Operator, Service Providers or their Resellers, Customers, or their reputation, including but not limited to the following:
(1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.);
(2) posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic);
(3) sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider;
(4) offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ("spamware");
(5) advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software;
(6) harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Registrar;
(7) impersonating another user or entity or an existing company/user/service or otherwise falsifying one's identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere;
(8) using OrderBox services to point to or otherwise direct traffic to, directly or indirectly, any material that, in the sole opinion of Registrar, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Registrar, to be threatening or obscene or inappropriate;
(9) using OrderBox directly or indirectly for any of the below activities activities:
(1) transmitting Unsolicited Commercial e-mail (UCE);
(2) transmitting bulk e-mail;
(3) being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist;
(4) posting bulk Usenet/newsgroup articles;
(5) Denial of Service attacks of any kind;
(6) excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Registrar in its sole discretion;
(7) copyright or trademark infringement;
(8) unlawful or illegal activities of any kind; (9) promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse);
(10) causing lossage or creating service degradation for other users whether intentional or inadvertent.
(2) Registrar in its sole discretion will determine what constitutes as violation of appropriate usage including but not limited to all of the above.
(3) Data in the OrderBox Database cannot be used for any purpose other than those listed below, except if explicit written permission has been obtained from Registrar:
(1) to perform services contemplated under this agreement; and
(2) to communicate with Registrar on any matter pertaining to Registrar or its services.
(4) data in the OrderBox Database cannot specifically be used for any purpose listed below:
(1) Mass Mailing or SPAM; and
(2) selling the data.
APPENDIX 'B'
PAYMENT TERMS AND CONDITIONS
(2) In the event that a payment made via Credit Card or the payment instrument sent by the Customer or Reseller bounces due to Lack of Funds or any other Reason, then
(1) Registrar may immediately suspend OrderBox Users' access to the OrderBox
(2) Registrar has the right to terminate this agreement with immediate effect and without any notice.
(3) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders placed of the Registrant as well as stop / suspend / delete / transfer any Orders currently being processed.
(4) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all Orders placed by the Registrant to another Customer, or under Registrar's account.
(5) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same.
(6) Registrar shall have the right to initiate any legal proceedings against the Registrant to recover any such liabilities.
APPENDIX 'C'
.COM/.NET/.ORG SPECIFIC CONDITIONS
1. PROVISION OF REGISTRATION DATA
(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
2. DOMAIN NAME DISPUTE POLICY
APPENDIX 'D'
.BIZ SPECIFIC CONDITIONS
1. CONDITIONS FOR .BIZ REGISTRATIONS
(1) to exchange goods, services, or property of any kind;
(2) in the ordinary course of trade or business; or
(3) to facilitate:
(1) the exchange of goods, services, information, or property of any kind; or
(2) the ordinary course of trade or business.
(2) Registering a domain name solely for the purposes of
(1) selling, trading or leasing the domain name for compensation, or
(2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.
2. CERTIFICATION FOR .BIZ REGISTRATIONS
(2) The domain name Registrant has the authority to enter into the registration agreement.
(3) The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.
3. PROVISION OF REGISTRATION DATA
(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
4. DOMAIN NAME DISPUTE POLICY
The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html
The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name with any third party (other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.
APPENDIX 'E'
.INFO DOMAIN NAME SPECIFIC CONDITIONS
(1) Registrant agrees to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) as laid out at http://www.icann.org/udrp/udrp.htm and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are available at http://www.afilias.info. These policies are subject to modification.
(2) Registrant acknowledges that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation:
(1) the ability or inability of a registrant to obtain a Registered Name during these periods, and
(2) the results of any dispute over a Sunrise Registration.
APPENDIX 'F'
.NAME SPECIFIC CONDITIONS
1. .NAME REGISTRATION RESTRICTIONS
2. .NAME CERTIFICATIONS
3. PROVISION OF REGISTRATION DATA
(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.
4. DISPUTE POLICY
(1) the Eligibility Requirements (the "Eligibility Requirements"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(2) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm; and
(3) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm
The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the landrush procedures in connection with the opening of the Registry TLD. The following categories of Personal Name Registrations may be registered:
(1) the Personal Name of an individual;
(2) the Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name;
(3) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names.
The ERDRP applies to challenges to:
(1) registered domain names and SLD email address registrations within .NAME on the grounds that a Registrant does not meet the Eligibility Requirements, and
(2) to Defensive Registrations within .NAME.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than Global Name Registry ("Registry Operator") or Registrar over the registration and use of an Internet domain name registered by a Registrant.
5. .NAME EMAIL FORWARD ADDITIONAL CONDITIONS
(1) You acknowledge that you are responsible for all use of Email Forwarding, including the content of messages sent through Email Forwarding.
(2) You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage.
(3) Without prejudice to the foregoing, you undertake not to use Email Forwarding:
(1) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;
(2) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;
(3) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or
(4) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list
(4) Users are not permitted to provide false names or in any other way to pose as somebody else when using Email Forwarding.
(5) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator's Email Forwarding.
(6) On discontinuing Email Forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.
APPENDIX 'G'
.NAME DEFENSIVE REGISTRATIONS SPECIFIC CONDITIONS
1. DEFENSIVE REGISTRATIONS
2. PHASES OF DEFENSIVE REGISTRATIONS
(2) Phase II Defensive Registrants may apply for a Defensive Registration for any string or combination of strings.
(3) Defensive Registrants, whether Phase I or Phase II shall comply with the following Eligibility Requirements, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm, the summary of which is as follows:
(1) There are two levels of Defensive Registrations, each of which is subject to payment of a separate fee;
(2) Multiple persons or entities may obtain identical or overlapping Defensive Registrations upon payment by each of a separate registration fee;
(3) The Defensive Registrant must provide the information requested in Section 3(i) below;
(4) A Defensive Registration will not be granted if it conflicts with a then-existing Personal Name Registration or other reserved word or string.
3. PROVISION OF REGISTRATION DATA
In addition to the information provided in subsection 1. above, Phase I Defensive Registrants must also provide:
(1) the name, in ASCII characters, of the trademark or service mark being registered;
(2) the date the registration issued;
(3) the country of registration; and
(4) the registration number or other comparable identifier used by the registration authority.
4. DISPUTE POLICY
(1) the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy ("ERDRP");
(2) if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and
(3) if a challenge is successful, then the Defensive Registration will be subject to the procedures described in Section 2(h) of Appendix L to the agreement of Global Name Registry ("Registry Operator") with the Internet Corporation for Assigned Names and Numbers ("ICANN"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(4) if a Phase I Defensive Registration is successfully challenged on the basis that it did not meet the applicable Eligibility Requirements, the Defensive Registrant will thereafter be required to demonstrate, at its expense, that it meets the Eligibility Requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .NAME through any Registrar. In the event that the Defensive Registrant is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s) will be cancelled;
(5) The ERDRP applies to, among other things, challenges to Defensive Registrations within .NAME and is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
5. CONSENT
APPENDIX 'H'
.US DOMAIN NAME SPECIFIC CONDITIONS
1. REPRESENTATIONS AND WARRANTIES
(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party;
(2) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder;
(3) you have and shall continue to have a lawful bona fide US Nexus as defined in the "usTLD Nexus Requirements;"
(4) you are of legal age to enter into this Agreement; and
(5) you agree to comply with all applicable laws, regulations and policies of the usTLD Administrator.
2. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
(6) any other data NeuStar, as the Registry, requires be submitted to it, including specifically information regarding the primary purpose for which a domain name is registered (e.g., business, education, etc.).
5. SUSPENSION, CANCELLATION OR TRANSFER
Your registration of the domain name shall be subject to suspension, cancellation, or transfer:
(1) pursuant to any usTLD Administrator adopted specification or policy, or pursuant to any registrar or usTLD Administrator procedure not inconsistent with a usTLD Administrator adopted specification or policy; or
(2) to correct mistakes by Registrar or the usTLD Administrator in registering the name; or
(3) for the resolution of disputes concerning the domain name.
APPENDIX 'I'
.IN DOMAIN NAME SPECIFIC CONDITIONS
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used, infringes the legal rights of any third party, breaks any applicable laws or regulations, including discrimination on the basis of race, language, sex or religion, is used in bad faith or for any unlawful purpose;
(2) your registered domain name is not contrary to public policy and the content of the website does not violate any Indian Laws.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute policies as decided by the .IN Registry and published at http://www.registry.in that are incorporated herein and made a part of this Agreement by reference.
APPENDIX 'J'
.EU DOMAIN NAME SPECIFIC CONDITIONS
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party;
(2) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder;
(3) you are registering an .eu domain name as either:
(1) an undertaking having its registered office, central administration or principal place of business within the European Union Community; or
(2) an organisation established within the EU Community without prejudice to the application of national law; or
(3) a natural person resident within the EU Community.
(4) you are of legal age to enter into this Agreement; and
(5) you agree to comply with all applicable laws, regulations and policies of the .EU Registry. The details of the same can be obtained from http://www.eurid.eu/.
2. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
(1) the full name of the Registrant; where no name of a company or organisation is specified, the individual requesting registration of the Domain Name will be considered the Registrant; if the name of the company or the organisation is specified, then the company or organisation is considered the Registrant;
(2) address and country within the European Union Community:
(1) where the registered office, central administration or principal place of business of the undertaking of the Registrant is located; or
(2) where the organisation of the Registrant is established; or
(3) where the Registrant resides;
(3) e-mail address of the Registrant; (4) the telephone number where the Registrant can be contacted.
3. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute policies set forth by the EU Registry. These policies are available in the EU Regulation 874/2004 at http://www.eurid.eu and are hereby incorporated and made an integral part of this Agreement.
5. SUSPENSION, CANCELLATION OR TRANSFER
Your registration of the domain name shall be subject to suspension, cancellation, or transfer:
(1) pursuant to the rules set forth by the EU Registry within the EU Regulation 874/2004 or any other policy listed at http://www.eurid.eu/; or
(2) to correct mistakes by Registrar or the EU Registry in registering the name; or
(3) for the resolution of disputes concerning the domain name.
APPENDIX 'K'
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.
2. IMPLEMENTATION DETAILS
(1) Registrant acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Registrar, and
(1) any mail received via post at this Address would be rejected;
(2) any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;
(3) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address in the OrderBox Database.
(2) Registrant agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, or Customer of a privacy protected Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Registrar and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.
(3) Registrant understands that the Privacy Protection Service is only available for certain TLDs.
(4) Irrespective of whether Privacy Protection is enabled or not, Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement.
(5) Registrant understands and acknowledges that Registrar in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:
(1) if Registrar receives any abuse complaint for the privacy protected domain name, or
(2) pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or
(3) for the resolution of disputes concerning the domain name, or
(4) for any other reason that Registrar in its sole discretion deems appropriate to switch off the Privacy Protection Services.
3. INDEMNITY
Registrant agrees to release, defend, indemnify and hold harmless Registrar, Service Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to the Privacy Protection services provided hereunder.
APPENDIX 'L'
.UK DOMAIN NAME SPECIFIC CONDITIONS
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that registering a .UK domain name, involves you contracting with the Nominet which is the .UK Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.nominet.org.uk/.
(2) you agree to comply with all applicable laws, regulations and policies of Nominet available on their website at http://www.nominet.org.uk/. 2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by Nominet. These policies are available at http://www.nominet.org.uk/ and are hereby incorporated and made an integral part of this Agreement.
APPENDIX 'M'
.TRAVEL DOMAIN NAME SPECIFIC CONDITIONS
1. PROVISION OF REGISTRATION DATA
Over and above the obligations already described in this Agreement, you are required to provide us the UIN (Unique Identification Number), as issued by the .TRAVEL Registry to an entity that is eligible to hold a .travel domain name.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current .TRAVEL TLD Charter Eligibility Dispute Resolution Policy as well as the Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/ that are incorporated herein and made a part of this Agreement by reference.
APPENDIX 'N'
.WS DOMAIN NAME SPECIFIC CONDITIONS
1. GOVERNMENT USE OF DATA
You understand and agree that the .WS Registry shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by You. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.
2. DOMAIN DISPUTE POLICY You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'O'
.COOP DOMAIN NAME SPECIFIC CONDITIONS
(1) the terms and conditions of the .COOP Registration Agreement with the .COOP Sponsor DCLLC (DotCoop Limited Liability Company), available at http://www.nic.coop/terms.asp; and
(2) the Verification & Eligibility Policy available at http://www.nic.coop/verification.asp; and
(3) the Charter Eligibility Dispute Resolution Policy ("CEDRP") and DotCoop Domain Name Dispute Resolution Policy ("DCDRP") found at http://www.nic.coop/dispute.asp; and
(4) the Transfer Policy found at http://www.nic.coop/transferpolicy.asp. all of the above included herein by reference.
Where there is a conflict, contradiction or inconsistency between the provisions of this Appendix (.COOP DOMAIN NAME SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT AGREEMENT, the provisions of this Appendix shall prevail in respect of all .COOP domain name registrations only.
In particular we draw the following to your attention:
1. ELIGIBILITY AND PRIVACY
You agree:
(1) to meet all eligibility requirements mandated by .COOP Sponsor for registration of a .COOP name, as set forth in the .COOP Charter set out in http://www.icann.org/tlds/agreements/coop/sponsorship-agmt-att1-05nov01.htm.
(2) in the event you are found not to be entitled to register a .COOP domain name for failure to meet .COOP Sponsor eligibility requirements, that the domain name may not be registered (and, if already registered, it will be deleted). You release the .COOP Sponsor from any and all liability stemming from deletion of any domain name. Deleted .COOP names will be returned to the pool of names available for registration. The privacy statement, located on the .COOP Sponsor's Web site at http://www.nic.coop/privacy.asp and incorporated herein by reference sets forth your and the .COOP Sponsor's rights and responsibilities with regard to your personal information.
2. APPLICABLE POLICIES
You agree to adhere to the .COOP policies set forth on http://www.nic.coop, including but not limited to the requirement that third-and-higher-level domain names within your second level domain may only be used internally by you (absent a written license from the .COOP Sponsor).
3. DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in the .COOP Sponsor's dispute policy as found at http://www.nic.coop/dispute.asp as it may be modified at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold your .COOP Registrar and the .COOP Sponsor harmless pursuant to the terms and conditions set forth in the .COOP Domain Name Specific Conditions. If the .COOP Registrar or Sponsor are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without prior approval. Registrar may not allow you to make changes to such domain name record until (i) Registrar is directed to do so by the judicial or administrative body, or (ii) Registrar receives notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled.
APPENDIX 'P'
CentralNIC DOMAIN NAME SPECIFIC CONDITIONS
1. GOVERNMENT USE OF DATA You understand and agree that CentralNic shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute policies set forth by CentralNic. These policies are available at http://www.centralnic.com and are hereby incorporated and made an integral part of this Agreement.
APPENDIX 'Q'
.MOBI DOMAIN NAME SPECIFIC CONDITIONS
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that registering a .MOBI domain name, involves you contracting with mTLD which is the .MOBI Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://mtld.mobi/system/files/Registrar-Registrant+Agreement+Text+%5BJan+09+revision%5D.pdf.
(2) you agree to comply with all applicable laws, regulations and policies of mTLD available on their website at http://www.mtld.mobi/.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'R'
.ASIA DOMAIN NAME SPECIFIC CONDITIONS
1. DEFINITIONS
(1) "Charter Eligibility Declaration Contact" ("CED Contact") is a contact that is designated to make the declaration that it meets the Charter Eligibility Requirement for registering a .ASIA domain name.
(2) "Charter Eligibility Requirement" means the eligibility requirement set out in the .ASIA Charter, that the Registered Name Holder is required to comply with. The policy for such requirement, the "Charter Eligibility Requirement Policy" is stated on DotAsia's website at http://policies.registry.asia.
2. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that registering a .ASIA domain name, involves you contracting with the .ASIA Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://policies.registry.asia.
(2) you are aware that every .ASIA domain name must specify a CED Contact, that is a legal entity or natural person in the DotAsia Community. The DotAsia Community is defined based on the geographical boundaries described by the ICANN Asia / Australia / Pacific region (http://www.icann.org/montreal/geo-regions-topic.htm).
(3) you are aware that in the event you do not have a legal entity or natural person in the DotAsia Community, the Registrar allows you to designate a Registrar-assigned CED Contact, to facilitate your .asia domain name registration.
(4) you have made known to the Charter Eligibility Declaration Contact (CED Contact), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder's legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited's .ASIA Charter Eligibility Requirement Policy published from time to time. Registered Name Holder acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.
(5) in the event of a domain name dispute both the CED Contact and the Registrant Contact can be named as the responding party, the CED Contact however is responsible only for acknowledging the dispute proceedings and to refer the case to the Registrant Contact. The Registrant Contact shall remain solely responsible for all operations and liabilities regarding the use of the domain.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the current ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP), available at http://www.icann.org/dndr/udrp/policy.htm and ICANN's Charter Eligibility Dispute Resolution Policy (CEDRP), available at http://www.icann.org/udrp/cedrp-policy.html, that are incorporated herein and made a part of this Agreement by reference.
APPENDIX 'S'
.ME DOMAIN NAME SPECIFIC CONDITIONS
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that registering a .ME domain name, involves you contracting with the doMEn, d.o.o. Registry which is the .ME Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.domain.me/.
(2) you agree to comply with all applicable laws, regulations and policies of doMEn, d.o.o. available on their website at http://www.domain.me/.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by doMEn, d.o.o.. These policies are available at http://www.domain.me/ and are hereby incorporated and made an integral part of this Agreement.
APPENDIX 'T'
.TEL DOMAIN NAME SPECIFIC CONDITIONS
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that registering a .TEL domain name, involves you contracting with the telnic which is the .TEL Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.telnic.org/.
(2) you are aware that registering a .TEL domain name, requires you to submit atleast one communications contact such as a telephone number, an email address, an instant-messaging handle or a web link associated with you.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'U'
LIST OF TLDS REGISTRAR IS AUTHORIZED TO PROVIDE DOMAIN NAME REGISTRATION AND MANAGEMENT SERVICES
.ORG (through Registrar Click Registrar, Inc. d/b/a publicdomainregistry.com)
.BIZ (through Registrar Click Registrar, Inc. d/b/a publicdomainregistry.com)
.INFO (through Registrar Click Registrar, Inc. d/b/a publicdomainregistry.com)
.NAME and .NAME Defensive Registrations and .NAME Mail Forwards (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.US (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.IN (through Registrar Directi Web Services Pvt. Ltd.)
.EU (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.UK (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.TRAVEL (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)
.WS (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)
.COOP (through Registrar The Midcounties Co-operative Ltd)
CentralNIC (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.MOBI (through Registrar Click Registrar, Inc. d/b/a publicdomainregistry.com)
.ASIA (through Registrar Click Registrar, Inc. d/b/a publicdomainregistry.com)
.ME (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)
.TEL (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.MN, .BZ (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.CC, .TV (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.CN (through Registrar Directi Web Services Pvt. Ltd)
.NZ (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.CO (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.CA (through Registrar PublicDomainRegistry.com Inc)
.DE (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.ES (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.AU (through Registrar Public Domain Registry Pty Ltd.)
.XXX (through Registrar Directi Internet Solutions Pvt. Ltd. dba PublicDomainRegistry.com)
.RU (through Registrar RU-Center)
.PRO (through Registrar Click Registrar, Inc. d/b/a publicdomainregistry.com)
APPENDIX 'V'
.CN DOMAIN NAME SPECIFIC CONDITIONS
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CN domain name, involves you contracting with the CNNIC which is the .CN Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.cnnic.cn.
2. DOMAIN DISPUTE POLICY
If the Order is a .CN domain name, the Registrant, must also agree to be bound by the current CNNIC Domain Name Dispute Resolution Policy, available at http://www.cnnic.cn/ that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'W'
.NZ DOMAIN NAME SPECIFIC CONDITIONS
In the case of any conflict between .NZ and this agreement, the .NZ terms apply. If the Order is a .NZ domain name the following applies:
1. REGISTER IS THE RECORD
For all purposes the details shown in the .NZ register shall be treated as correct and the authoritative record.
2. CANCELLATION OF A DOMAIN NAME
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to its renewal, we will give you fourteen days notice before we initiate action to cancel that domain name.
3. LAW AND JURISDICTION APPLYING TO THIS APPENDIX
To the extent legally permitted, you agree that:
(1) all services of the .NZ Registry are provided under New Zealand law.
(2) any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you.
(3) except as otherwise stated, you may take action against us only in a New Zealand court.
4. CANCELLING THE AGREEMENT
We may cancel or suspend this agreement by giving you one month's notice.
5. REGISTRAR-REGISTRAR TRANSFER
The Registrant acknowledges and agrees that during the first five days after initial registration of the Order the Registrant may not be able to transfer the Order to another Registrar.
APPENDIX 'X'
.CO DOMAIN NAME SPECIFIC CONDITIONS
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CO domain name, involves you contracting with the .CO Internet S.A.S which is the .CO Administrator, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.cointernet.co/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .CO Registry are provided under laws of Colombia.
(2) any disputes, claims or controversies arising out of the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .CO TLD between Registrant and the .CO Registry shall be governed exclusively by the laws of Colombia and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Bogota, Colombia.
3. DOMAIN DISPUTE POLICY
If the Order is a .CO domain name, the Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the Uniform Domain Name Dispute Resolution Policy adopted by ICANN, available at http://www.icann.org/en/udrp/udrp-policy-24oct99.htm (the "UDRP"), as the same may be amended from time to time and which is hereby incorporated and made an integral part of this Agreement.
APPENDIX 'Y'
.CA DOMAIN NAME SPECIFIC CONDITIONS
Where there is a conflict, contradiction or inconsistency between the provisions of this Appendix (.CA DOMAIN NAME SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT AGREEMENT, the provisions of this Appendix shall prevail in respect of all .CA domain name registrations only.
APPENDIX 'Z'
.DE DOMAIN NAME SPECIFIC CONDITIONS
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .DE domain name, involves you contracting with the DENIC eG (DENIC) which is the .DE Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.denic.de/en/domains.html.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .DE Registry are provided under laws of Germany.
(2) either the Registrant or the Administrative Contact of your .DE domain name is domiciled in Germany and would be legally able to receive German Court documents and/or summons.
(3) any disputes, claims or controversies arising out of the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .DE TLD between Registrant and the .DE Registry shall be governed exclusively by the laws of Germany and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Germany.
3. DOMAIN DISPUTE POLICY
If the Order is a .DE domain name, the Registrant, must also agree to be bound by the current DENIC Domain Name Dispute Resolution Policy, available at http://www.denic.de/en/domains.html that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'AA'
.ES DOMAIN NAME SPECIFIC CONDITIONS
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .ES domain name, involves you contracting with the Red.es (ESNIC) which is the .ES Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.dominios.es/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .ES Registry are provided under laws of Spain.
(2) any disputes, claims or controversies arising out of the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .ES TLD between Registrant and the .ES Registry shall be governed exclusively by the laws of Spain and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Spain.
3. DOMAIN DISPUTE POLICY
If the Order is a .ES domain name, the Registrant, must also agree to be bound by the current ESNIC Domain Name Dispute Resolution Policy, available at http://www.dominios.es/ that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'AB'
.AU DOMAIN NAME SPECIFIC CONDITIONS
1. REGISTRANT REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that auDA (.au Domain Administration Limited, ACN 079 009 340) is the .AU Domain Names Administrator.
(2) you are aware that you must comply with all auDA Published Policies (listed at http://www.auda.org.au), as if they were incorporated into, and form part of, this agreement. In the event of any inconsistency between any auDA Published Policy and this agreement, then the auDA Published Policy will prevail to the extent of such inconsistency.
(3) you are aware that the Registrar acts as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of rights and covenants conferred to it under this agreement. auDA is an intended third party beneficiary of this agreement.
(4) all information provided to register or renew the registration of the domain name (including all supporting documents, if any) are true, complete and correct, and are not misleading in any way, and the application is made in good faith.
(5) you acknowledge that under the auDA Published Policies there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this agreement.
(6) you meet and will continue to meet, the eligibility criteria prescribed in auDA Published Policies (http://www.auda.org.au/policy/current-policies/) for the domain name for the duration of the domain name.
(7) you have not previously submitted an application for the domain name with another Registrar using the same eligibility criteria, and the other Registrar has rejected the application.
(8) you are aware that even if the domain name is accepted for registration, the Registrant's entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name.
(9) you are aware that auDA or the Registrar may cancel the registration of the domain name if any of the warranties set out above is found to be untrue, incomplete, incorrect or misleading.
(10) you are aware of auDA's WHOIS policy at http://www.auda.org.au/whois-policy/, which sets out auDA's guidelines on the collection, disclosure and use of WHOIS data.
2. LIABILITIES AND INDEMNIFICATION
(1) To the fullest extent permitted by law, auDA will not be liable to Registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered by Registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.
(2) Registrant agrees to indemnify, keep indemnified and hold auDA, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Registrant's registration or use of its .au domain name.
(3) Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the current auDRP Dispute Resolution Policy, available at http://www.auda.org.au/policy/current-policies/ that is incorporated herein and made a part of this Agreement by reference.
4. REGISTRAR SUPPORT
First level of support is available through the Registration Partner, from whom you have registered your .AU domain name. Contact details of this organization may be obtained from http://publicdomainregistry.com/support/.
If this organization is not able to provide timely assistance to the domain name owner, you may contact Registrar Public Domain Registry Pty Ltd.'s 24x7 online Support Team at http://resources.publicdomainregistry.com/compliance/.
To know more about your .AU domain name or to get in touch with the .AU Registry, refer http://www.auda.org.au/help/faq-index/.
5. REGISTRAR ADDRESS
Public Domain Registry Pty Ltd.
ACN: 141 141 988
ABN: 25 141 141 988
14, Lever Street, Albion
Brisbane, Queensland 4010
Australia
APPENDIX 'AC'
.CC, .TV DOMAIN NAME SPECIFIC CONDITIONS
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CC, .TV domain name, requires you to agree to:
(1) grant Verisign (the .CC, .TV Registry) all necessary licenses and consents to permit Verisign or its agent(s) to:
(1) perform in Verisign's unlimited and sole discretion Malware Scans on your .CC, .TV website.
(2) collect, store, and process data gathered as a result of such Malware Scans.
(3) disclose the results of such Malware Scan (including all data therefrom) to the Registrar. Such information can not be considered as confidential or proprietary.
(4) use the results of such Malware Scan (including all data therefrom) in connection with protecting the integrity, security or stability of the Registry.
(2) disclaim any and all warranties, representations or covenants that such Malware Scan will detect any and all Malware or that Verisign is responsible for notifying the Registrar or the Registrant of any Malware or cleaning any Malware from any Registrant's systems.
2. LIABILITIES AND INDEMNIFICATION
You agree to indemnify, defend and hold harmless Verisign and its affiliates, suppliers, vendors and subcontractors, and, if applicable, any ccTLD registry operators providing services and their respective employees, directors, officers, representatives, agents and assigns ("Verisign Affected Parties") from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any Malware Scan, the failure to conduct a Malware Scan, the failure to detect any Malware, or the use of any data from Malware Scans.
APPENDIX 'AD'
.XXX DOMAIN NAME SPECIFIC CONDITIONS
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .XXX domain name, involves you contracting with the ICM Registry LLC which is the .XXX Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.icmregistry.com.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current ICANN's Uniform Domain Name Dispute Resolution Policy available at http://www.icann.org/udrp/udrp.htm, and ICM's Charter Eligibility Dispute Resolution Policy (CEDRP) and ICM's Rapid Evaluation Service (RES) available at the Registry's website, that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'AE'
.RU DOMAIN NAME SPECIFIC CONDITIONS
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .RU domain name, involves you contracting with Registrar RU-Center, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at https://www.nic.ru/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that all services of Registrar RU-Center are provided under laws of the Russian Federation.
APPENDIX 'AF'
.PRO DOMAIN NAME SPECIFIC CONDITIONS
You are aware that registering a .PRO domain name, involves you contracting with RegistryPro, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://registry.pro/legal/user-terms
1. INDEMNITY
You agree to hold harmless and indemnify RegistryPro and Registrar, and each of their subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and attorneys' fees, of every kind and nature. In such a case, Registrar will provide you with written notice of such claim, suit or action.
2. INCORPORATION OF .PRO RESTRICTIONS AND CHALLENGE PROCESSES
You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement.
(A) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/dndr/udrp/ policy.htm
(B) The Qualification Challenge Policy and Rules, available at http://www.icann.org/dndr/proqcp/policy.htm and http://www.icann.org/dndr/proqcp/uniform-rules.htm;
(C) The .pro TLD restriction requirements, available at http://www.registrypro.pro/qualifications.htm
You represent and warrant that, at all times during the term of domain name registration, you will meet the .pro registration requirements set forth by RegistryPro. You are required to provide prompt notice to the Registrar if you fail to meet such registration requirements. Registrar and/or Registry Operator shall have the right to immediately and without notice to you, suspend, cancel or modify a your registration if, at any time you fail to meet the registration requirements.
Acceptable User Policy for Radio Hosting service
This agreement is between Webradio-Hosting.com, herein referred to as Provider, and subscribers to our hosting packages, herein referred to as Subscriber.Webradio-Hosting.com's Terms Of Services (TOS) and Acceptable Usage Policy (AUP) is provided to give our customers and users a clear understanding of what Webradio-Hosting.com expects of them while using our offered services. All users of Webradio-Hosting.com's streaming and dedicated services -- those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services -- must comply with this Terms of Service.
Webradio-Hosting.com does not actively monitor stream contents and all content broadcast is the sole responsibility of the client.Streaming, Content Hosting & Licensing
We do not provide any form of legal cover to individuals or companys who utilize our services to distribute content with any copyright protection.
Under no circumstances will Webradio-Hosting.com be responsible for the behaviour of our clients or their users when found to be broadcasting protected content. All licensing, copyright and royalty issues are the sole responsibility of the individual clients and/or their production entities.
You may not use our services to distribute adult, racist or any other un-sociable material. Webradio-Hosting.com's services may not be used for illegal purposes, or to support illegal activities.
If contacted by an authority in the event of an illegal situation regarding any of the above, we will co-operate fully in any investigations they decide to make against clients found to be breaking the law.
Webradio-Hosting.com will make every effort possible to ensure security of client's data, however due to the large volume of media stored, our standard costs do not include backup of data, please contact us if you would like to arrange this at an extra cost. All data is stored at clients own risk and we will assume no responsibility for any loss, damage or corruption of files hosted on our servers.
All live streaming purchased from Webradio-Hosting.com is limited in bandwidth by a bitrate (X kbps). If you choose to stream above the purchased bitrate on a live server, we reserve the right to terminate your account without warning, refund or explanation. If your account is suspended because of this, we reserve the right to charge a $5 admin fee to have it re-activated.
Podcasting & Ondemand Services: Fair Usage Policy
Server processing and bandwidth resources for these products are shared with other users of the system and clients are required to understand this.
We reserve the right to monitor, restrict, suspend or bill clients found to be using a disproportionate level of shared resources on a regular basis. In any such case, we will firstly contact the user to try and find a solution including, but not limited to attempting to compress media to reduce resource usage, upgrading to a higher level of service or restricting download/resource usage.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. That being said, take note of the following guidelines:Security
1. Your password provides access to your account. It is your responsibility to keep your password secure.
2. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
3. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
4. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
5. You may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools.
6. You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
7. Users who violate systems or network security may incur criminal or civil liability. Webradio-Hosting.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Our services are billed on a subscription basis unless otherwise specified. Payment will be collected on a specific billing date each month. Failure to pay for services delivered may result in suspension of service and/or late payment fee's in accordance with the Late Payment of Commercial Debt Act (1998).Payment, Cancellation and Money Back Guarantee
After 24 hours of late payment, the service will be suspended and after 3 days from the due date the account is cancelled and all files will be deleted.
Refunds are available for only 24 hours after any payment is made by a new customer, providing the service(s) provided have not been used. It is the clients responsibility to keep track of all payments made. Any refunds given will be minus any setup, admin or processing fee's.
You are not liable for any form of refund if you have breached the terms of service in any way, which includes exceeding the agreed bitrate limit and broadcasting un-suitable content.
Clients wishing to cancel our service can do this through our site section Client area. Cancelling a PayPal subscription directly may result in an instant termination of service.
If you cancell your Radio Hosting account and you had with this package a Free Web Hosting account, this will be deleted automatically too. The free web hosting plans is only for our web radio hosting clients.
If you want to keep your free web hosting account, you will be passing on non free version of this plan.
For this you will need to ask when cancelling your radio hosting account, and specify that you want to keep your web hosting service.
Customers who require technical support can contact us at any time via the support ticket desk, we aim to respond to all requests within 24 hours and most tickets are replied to and often resolved well within this timeframe. However, our standard products do not include any form of support time response guarantee unless otherwise specified. Corporate customers who require a dedicated account manager, or guaranteed response times should contact us to arrange a premium service level agreement. We regret that we are unable to provide technical support via other lines of communication such as telephone or live chat to clients on our standard support agreement. This is enfoced due to the nature of our business and to ensure a fair level of service to the large number of customers who we serve.Support and Communications
Clients are expected to be courteous and professional in their communications to Webradio-Hosting.com. Under no circumstances will we tolerate any kind of verbal, physical, written or other abuse (including threats of abuse or retribution) of any Webradio-Hosting.com customer, employee, member, or officer will result in immediate account termination.
To aid our customer service representatives, it is important for clients to include a clear outline of account information, system reference numbers and adequate details of any problems when submitting a request to our support department. Failure to do so may result in a delayed response and/or resolution times.