Terms and Conditions for Interservers Technology Inc. and InternicUK.

1. Our Services
2. What We Do Not Do
3. Billing, Fees, Refunds AND Cancellations
4. Disclaimer, Disputes, and the Domain Name Dispute Policy
5. Transfer to another Registrar
6. Modifications to InternicUK Registration Agreement and Dispute Policy
7. Account Information and Its Use
8. Ownership of Information and Data
9. Agents and Licenses
10. "Name Only" Services and Incomplete DNS Information
11. After Expiration of the Term of a Domain Name Registration
12. Announcements
13. Limitation of Liability
14. Indemnity
15. Representations and Warranties
16. Breach and Revocation
17. Right Of Refusal
18. Governing Law
19. Notices
20. Infancy
21. General

1. Purpose
2. Your Representations
3. Cancellations, Transfers, and Changes
4. Mandatory Administrative Proceeding
5. All Other Disputes and Litigation
6. Our Involvement in Disputes
7. Maintaining the Status Quo
8. Transfers During a Dispute
9. Policy Modifications

1. Hosting Gerneral
2. Spam / UCE Policy

1. Description of the IDP Services
2. Full Benefits of Domain Registration Retained By You
3. Your Notification Obligatuons, Representations & Warranties
4. Service Provider's Rights
5. Communications Forwarding
6. Limitation of Liability
7. Indemnity
8. Backend Service Provider Warranty Disclaimer
9. Copyright & Trademark
10. Miscellaneous Provisions

Disclaimer

1. Payments via Credit Card
Credit cards will be charged within the first week of the new calendar month. ALL declined credit card transactions will be assessed a $25.00 fee, in addition to a $25 re-activation for suspended accounts.
2. Late Payments
When customer payments are late, the account(s) will be suspended on the 15th of the month and cancelled at the end of the month if there is no payment made. The customer will have the option of reactivating the account after paying the full amount of the invoice due and an additional fee of $25.00 will be assessed for reactivation. The reactivation fee is non-negotiable.
3. Accounts with Non-Usable credit cards
If a credit card payment fails, the customer will be sent an e-mail to rectify the situation either with a new payment method or by updating the credit card information. The customer’s account(s) will be suspended on the 15th of the month and cancelled at the end of the month if there is no payment made. The customer will have the option of reactivating the account after paying the full amount of the invoice due. An additional fee of $25.00 will be assessed for reactivation. The reactivation fee is non-negotiable.
4. Frequently Delinquent Policy
A customer is "frequently delinquent" after the third past due or credit card problem notice within any one year period. Customers who become "frequently delinquent" are required to have a positive account balance at all times to receive continued service. On the 30th day of any month, a "frequently delinquent" customer must have enough money in his/her account to cover the next month’s hosting fee. When a "frequently delinquent" customer fails to have sufficient funds to pay for the next month of service, the account will be suspended immediately and the account will remain suspended until the end of the month and cancelled if there is no payment made. This policy applies to all payment methods. This policy is non-negotiable.
5. Cancellation Policy
A cancellation will only be accepted if it is done by one of the following methods:


1. When customer payments are late, the account(s) will be suspended on the 15th of the month and cancelled at the end of the month if there is no payment made.
2. The customer must submit his/her virtual authorization by requesting cancellation via email to: cancellation@internic.co.uk
The request must include the following information:
Account name and password
Cancellation request
3. The customer must fax a cancellation request to 412-291-1789.
The request must include the following information:
Account name and password
Cancellation request
Signature of account owner
4. When a cancellation request is made, the technical department will immediately remove all configuration information as well as all contents of the account. This will include unread emails.
6. Refund Policy
If an account is canceled within the first 30 days of service, the customer will receive a full refund of all account fees except overages. For special offerings such as 1 year free hosting with a two year contract, refund policy may vary. Please visit our website for this information. This 30 day policy shall include the 30th day. Any over usage fees including but not limited to additional bandwidth will not be refunded.
7. Refunds after the first 30 days:
All service rendered to date will be billed and must be paid in full.

As consideration for the domain name registration services and/or other services provided by InternicUK to you, you agree to pay InternicUK prior to the effectiveness of the desired domain name registration, the applicable service(s) fees for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance as determined by InternicUK in our sole discretion).

As further consideration for the InternicUK and Interservers Technology Inc. service(s), you agree to:


1. provide certain current, complete and accurate information about you as required by the registration process and
2. maintain and update this information as needed to keep it current, complete and accurate.

All such information shall be referred to as account information ("Account Information"). In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to InternicUK as the paying entity for that registration to the registry. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee, currently set at $200 USD. Charges for InternicUK and Interservers Technology Inc. services may be identified on your credit card statement as "Interservers Technology" or under a similar moniker.

You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your registration is set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message or via your account information when renewal fees are due to avoid expiration. Should these fees go unpaid, your registration will expire or be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. If the "auto renew" feature is selected with respect to your registration, we may attempt to renew your registration a reasonable time before the expiration of your registration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed.

1. revise the terms and conditions of this Agreement and the Dispute Policy; and
2. change the services provided under this Agreement.

1. Information You Are Required to Submit. As part of the registration process, you are required to provide certain information and to update this information promptly as needed to keep it current, complete and accurate. The information you are obligated to provide in connection with the domain name you are registering is the following:
1. The domain name being registered;
2. Your (or the domain name holder's) name, postal address, e-mail address, voice telephone number, and where available, fax number; and
3. The name, postal address, e-mail address, voice telephone number, and where available, fax number of all contacts for the domain name; and
4. Valid payment information.
2. You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed.
3. All other information which we may request from you at registration is voluntary. However, not providing the requested information may prevent you from obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.
4. Additional Information Maintained About Your Registration. In addition to the information you provide, we maintain records relating to your domain name registration. These records may include:
1. The original creation date of the registration;
2. The submission date and time of the registration application to us and by us to the proper registry;
3. Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
4. Records of account for your domain name registration, including dates and amounts of all payments and refunds;
5. The IP addresses of the primary name server and any secondary name servers for the domain name;
6. The corresponding names of those name servers;
7. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name;
8. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name;
9. The expiration and renewal date of the registration;
10. Information and copies in electronic or paper form regarding all other activity between you and us and third parties relating to your domain name registration and related services.
5. Your Obligations Relating to the Account Information. In the event that, in registering the domain name, you are providing information about or on behalf of a third party, you hereby represent that you have
1. provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and
2. that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. By registering a name or applying for services you also represent that the statements in its application are true and you also represent that the Domain Name is not being registered for any unlawful purpose.

You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond for over ten (10) calendar days to inquiries by InternicUK concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

As indicated above in paragraph (4) and elsewhere in this Agreement, you understand that it is important for you to regularly monitor (at least several times per week) email sent to the email address associated with the "registrant" in your Account Information because, among other reasons, if a dispute arises regarding a domain name in your account, you may loose your rights to the domain name if you do not respond appropriately to an email sent in conjunction therewith.


6. Privacy Policy: Disclosure and Use of Registration Information.


You agree and acknowledge that InternicUK will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that InternicUK may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our "whois" service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws.

Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that InternicUK may or must make available to the public or to private entities, and the manner in which such information is made available.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration and other information by InternicUK.

You may access your domain name registration information in our possession to review, modify or update such information, by accessing your account at our web site (www.internic.co.uk), or via a similar service. In order to change any of your account information with us, you must use your Account Login Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Login Identifier and Password from any unauthorized use. You agree that any person in possession of you Account Login Identifier and Password will have the ability and your authorization to modify your account information. InternicUK will take reasonable precautions to protect the information it obtains from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information; you agree that, if InternicUK takes reasonable precautions in relation thereto, that in no event shall InternicUK be liable if such reasonable precautions do not prevent the unauthorized use or misuse of your Account Identifier or Password and that, even if InternicUK fails to take reasonable precautions, that InternicUK liability under any circumstances shall be limited by the limitation of liability found in paragraph 13 of this Agreement.

1. the original creation date of the registration,
2. the expiration date of the registration,
3. the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration,
4. any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and
5. any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary name server and any secondary name servers for the domain name, and the corresponding names of those name servers. InternicUK does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.

1. you breach this Agreement (including the Dispute Policy) and you do not cure such breach within thirty (10) days of notice by InternicUK,
2. you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet,
3. you use your domain name in connection with unlawful activity, or
4. grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including InternicUK) or registry administrator procedures approved by an ICANN-adopted policy,
1. to correct mistakes by InternicUK, another registrar or the registry administrator in administering the name or
2. for the resolution of disputes concerning the domain name.
3. You also agree that InternicUK shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice (written notice including notice via email), or at such time as InternicUK receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

1. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
2. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

1. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
1. your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
2. you have no rights or legitimate interests in respect of the domain name; and
3. your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
2. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
1. circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
2. you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
3. you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
4. by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
3. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
1. before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
2. you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
3. you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
4. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
5. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
6. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
7. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
8. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
9. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
10. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
11. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

1. "What Personal Information About Customers Does InternicUK Gather?
1. Information You Give Us:
We receive and store any information you enter on our Web site or give us in any other way. We use the information that you provide for such purposes as responding to your requests, providing our services (e.g., domain name registration, DNS hosting, hosting, email forwarding), and communicating with you.

2. Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses our sites. Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; the full Uniform Resource Locators (URL) click stream to, through, and from our Web site, including date and time. We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use.
2. What About Cookies?
1. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser. Besides using the information as described above, InternicUK utilizes cookies to control the flow of the ordering processes by maintaining the state of your online transactions.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.
3. Does InternicUK Share the Information It Receives?


Yes, we do share information but only as described below. Otherwise we will not provide your personal information without your consent.


1. WHOIS: We are required by the Internet Corporation for Assigned Names and Numbers ("ICANN"), the organization that assumes responsibility for domain name allocation, to collect information about you during the domain name registration process. This information includes your full name, mailing address, phone number, email address, and, where provided, your facsimile number. ICANN then requires all registrars to make your full name, mailing address, phone number, email address, and, where provided, your facsimile number, as well as the creation and expiration dates of your domain name registration and the name server information associated with your domain name, to the public via an interactive Web page and a "port 43" WHOIS service. For the purposes of this Privacy Notice we will refer to this information as your "WHOIS Information." Please note that we may not be able to control how members of the public may use the WHOIS Information.
2. Advertisers: We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person nor does it include your email address.
3. Partners: We partner with other parties to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services.
4. Agents: We engage other companies and individuals to perform functions on our behalf. Examples include processing credit card payments, providing marketing assistance, providing customer services, sending postal mail and email to you, removing repetitive information from customer lists, and analyzing data. These persons have access to personal information needed to perform their functions. These companies do not retain, share, store or use personally identifiable information that you provide to InternicUK for any secondary purposes.
5. Service Providers: We engage other companies and individuals to perform enhanced services on our behalf. For example, we have engaged Critical Path, Inc. to provide free electronic mail services to our domain name registrants. In addition, certain of our enhanced services such as our Web Site Generator require that we contact Internet directories and various search engines on your behalf. Many of our service providers have access to personal information needed to perform their services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
6. Business Transfer: As we continue to develop our business, we might sell or buy businesses or their assets. In such transactions, customer information generally is one of the transferred business assets. Also, if InternicUK or all or substantially all of its assets were ever to be acquired, customer information will of course be one of the transferred assets.
7. Compliance: We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Services Agreement and other agreements; or protect the rights, property, or safety of InternicUK our users, or others. This includes exchanging information with other companies, Governments, law enforcement departments and organizations for fraud protection, credit risk reduction or searching for or preventing illegal activities (i.e. spamming”).
4. How Secure Is Information About Me?
1. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input and the information we may send to our agents.
2. InternicUK has gone to great lengths to ensure your information is securely obtained and held in compliance with the Card Holder Information Security Program. For example, we encrypt your credit card number before it is stored in our database. This ensures that no one may access your credit card from our system.
3. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
5. What Information Can I Access?
1. InternicUK gives you access to certain information about you for the limited purpose of viewing and, in certain cases, updating that information. To view or change this information, login to your account. When you update information, we usually but not necessarily keep a copy of the prior version for our records.
6. Links
1. Sites provided by InternicUK contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
7. Children
1. InternicUK does not sell services for purchase by children. If you are under 18, you may use our services only with involvement of a parent or guardian.

1. The domain name(s) you wish to transfer.
2. The name and TAG of the registration agent you wish to move your domain name(s) to.
3. On company letterhead, name, copy of photo ID of Registrant, postal address, email address and a valid phone number.

1. Express authorization to initiate the transfer process from an individual who has the apparent authority to legally bind the Registered Name holder (as reflected in the database of losing Registrar).
2. In instances when the Registrar of record is being changed simultaneously with a transfer of a domain name from one party to another, InternicUK also requires submission of appropriate authorization for the transfer. Such authorization shall include, but not be limited to, one of the following:
1. A bilateral agreement between the parties.
2. The final determination of a binding dispute resolution body.
3. A court order.
3. Instances when the requested change of sponsoring Registrar may be denied include, but are not limited to:
1. Situations described in the Domain Name Dispute Resolution Policy.
2. A pending bankruptcy of the Registered Name holder.
3. Dispute over the identity of the Registered Name holder.
4. Request to transfer sponsorship occurs within the first 60 days after the initial registration with the Registrar.
4. You agree to pay a transfer fee when required prior to approval of transfer.

1. These terms and conditions may be modified from time to time. You agree that you will check the terms and conditions periodically and that, if you no longer agree to the terms and conditions of this Agreement, that you will stop using the Services and that you will terminate the Services as described below in paragraph 4.
2. The Services consist of the website hosting package with the specific configuration which you selected or are going to select through the Services Interface as you use the Services. You acknowledge and understand that important service limitations (including bandwidth limitations and other capacity matrices), pricing (including pricing for optional Services, such as automatic capacity upgrade in the event of overage), the term of the Service, payment terms, and other conditions relating to the Services are conveyed through the Services Interface and are hereby incorporated into this Agreement.
3. You are hereby informed that, if you use a credit card to pay for the Services, that the charge for the Services may appear under a name other than the name of the Primary Service Provider and that, prior to contacting your credit card company in relation to such charges, that you will first contact the Primary Service Provider to verify the charges and the manner of billing. You agree that any chargeback of a charge related to the Services, for whatever reason, is a material breach of this Agreement and is grounds for termination.
4. You agree that the Services shall be provided for the term you selected through the Services Interface. Unless you terminate the Services THROUGH THE SERVICES INTERFACE prior to the end of the then extant Services term, you agree that the Services may be renewed for another term of equal duration to the immediately preceding term and that the resulting fees shall be charged to the credit card associated with your account. You agree to hereby waive any requirement which might otherwise be imposed by law which would require that either the Primary Service Provider or the Backend Service Provider obtain your affirmative consent for on-going billings and that your continuing consent to be billed for such renewal(s) may be presumed until such time as you terminate the Services through the Services Interface. You agree that attempts to terminate the Services other than through the Services Interface (such as by sending an email to a general email address of either the Primary Service Provider or the Backend Service Provider) are not reliable means of communication and that such a termination attempt shall not binding until accepted and acknowledged by either the Primary Service Provider or the Backend Service Provider. In relation to renewals, you further agree that it is your obligation to keep the credit card information associated with your account current and that neither the Primary Service Provider nor the Backend Service Provider shall be obligated to contact you to update such information in the event that the charges are denied.
5. You agree that you may not downgrade (reduce) the bandwidth or other capacity matrices of the Services below the level of actual use of the Services, which you experienced in the current or previous month.
6. Your use of the Services may be suspended and/or this Agreement may be terminated if either the Primary Service Provider or the Backend Service Provider determines that you are or are alleged to be violating the terms and conditions of this Agreement or any other agreement entered into by you and either the Primary Service Provider or the Backend Service Provider. In the event of termination or suspension of Services under such circumstances, you agree a) that no pre-paid fees will be refunded to you and b) that either the Primary Service Provider or the Backend Service Provider may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration services of either the Primary Service Provider or the Backend Service Provider. You understand that taking control of a domain name includes, without limitation, acts such as listing such controlling party as the "registrant" and/or "administrative contact" for the domain name and controlling the DNS settings for the domain name.
7. Either the Primary Service Provider or the Backend Service Provider may elect to terminate this Agreement without cause and discontinue the Services. You further agree that, within 30 days of your initial enrolment to receive the Services, either the Primary Service Provider or the Backend Service Provider may elect to terminate this Agreement without cause and that, in such event, the termination shall take effect immediately.
8. The Services are provided through an infrastructure, which is shared by all users of the Services. Your use of the Services may be throttled or suspended indefinitely if your use of the Services degrades the ability of either the Primary Service Provider or the Backend Service Provider to provide the Services to other users of the Services.
9. You acknowledge that email and/or online communication systems (chat, account notices, etc.) will be the primary means of communication between yourself and the Primary Service Provider and/or the Backend Service Provider. You acknowledge that it is your responsibility to maintain a current email address and physical mailing address in your contact information. You further agree that you will regularly login to your account to obtain any notices posted through the Services Interface. You agree that your failure to respond to a communication from either the Primary Service Provider or the Backend Service Provider may result in suspension or cancellation of Services without any refund of pre-paid fees, if any.
10. You acknowledge that neither the Primary Service Provider nor Backend Service Provider are obligated to return any data to you upon termination of this Agreement. You acknowledge that it is your responsibility to download, make copies of, and/or backup all data residing on the servers and other equipment which provide the Services and to do so within the bandwidth limitations of the Services. You acknowledge that any loss or corruption of data which occurs due to an interruption in the Services, regardless of the cause of the interruption, shall not be the responsibility of the Primary Service Provider or Backend Service Provider and that you may, following an interruption in the Services, be required to upload the data to the servers and other equipment which provide the Services.
11. You agree that any personally identifying information provided by you shall be used by the Primary Service Provider according to the privacy policy of the Primary Service Provider. You agree that personal information provided is accurate and authentic including information on resold accounts.
12. You represent and warrant as follows: that a) you are lawfully entitled to use, display, posses, or access the data uploaded, linked to, framed, or otherwise posted on your website by you and/or by the users of your website; b) that your website and your use of the Services will not infringe the intellectual property rights of any third party; c) that your website and your use of the Services will not violate any laws, including, without limitation, laws relating to unsolicited commercial email, child pornography, collection of identifying information, consumer protection, and privacy; d) that neither you nor those who access your website will upload any worms, virus, or malicious code to the servers which provide the Services; and e) that your website and your use of the Services will not subject either the Primary Service Provider or Backend Service Provider to any claims by any third party, including claims relating to infringement of intellectual property rights or claims relating to the products or services which you may provide or offer through the website hosted through the Services. This applies to resellers and your resold accounts.
13. You further represent and warrant that you will not allow any unauthorized third party to access the account, which you use to access the Services.
14. EXCLUSIVE REMEDIES FOR UNPLANNED SERVICE INTERRUPTIONS: You agree that any unplanned or unannounced interruptions in the Services shall not require a remedy unless such unplanned or unannounced interruptions exceed 72 hours in any 30 day period, in which case you agree that the exclusive remedy shall be a credit toward 24 hours of hosting for each 24 hour period of unplanned or unannounced interruptions, and that such credit shall exclusively be applied against the fees owed for your next period of hosting, if any, or shall be exclusively be accomplished by adjusting the end of your then-current Service term. IN NO EVENT WILL FEES BE REFUNDED.
15. LIMITATION OF LIABILITY: YOU AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE (S) PROVIDED THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE CONTROL OF THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER; (G) THE PROCESSING OF YOUR APPLICATION FOR THE SERVICES; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EITHER THE PRIMARY SERVICE PROVIDER OR THE BACKEND SERVICE PROVIDER EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A ONE-MONTH PERIOD. THE LIABILITY OF THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. INDEMNIFICATION: YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND SERVICE PROVIDER, THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. WHEN EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY BE INVOLVED IN A SUIT INVOLVING A THIRD PARTY AND WHICH IS RELATED TO THE SERVICES UNDER THIS AGREEMENT, EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.
17. You agree that the Backend Service Provider shall not be liable for the actions, inactions, negligence, or intentional misconduct of the Primary Service Provider. You acknowledge and agree that neither the Primary Service Provider nor the Backend Service Provider are agents for one another.
18. DISCLAIMER OF WARRANTIES: NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
19. GOVERNING LAW: this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the Commonwealth of Pennsylvania, as if the Agreement was a contract wholly entered into and wholly performed within the State of Pennsylvania. You agree that any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the United States District Court for the Western District of Pennsylvania, or if there is no jurisdiction in such court, then in a state court in Allegheny County, Pennsylvania. You consent to the personal and subject matter jurisdiction of any state or Federal court in Allegheny County, Pennsylvania in relation to any dispute arising under this Agreement. You agree that service of process on you by either the Primary Service Provider or Backend Service Provider in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.

1. Governing Law; Venue; Waiver Of Trial By Jury.

This Agreement shall be governed in all respects by the laws and judicial decisions of Allegheny County, Pennsylvania, excluding its conflicts of laws rules. Except as provided immediately below. You agree that any action relating to or arising out of this Agreement shall be brought exclusively in the courts of Allegheny County, Pennsylvania. For the adjudication of domain name registration disputes and disputes under this Agreement, you agree to submit to the exclusive subject matter and personal jurisdiction of the state and Federal courts located in Allegheny County, Pennsylvania, you agree that venue shall be proper in such jurisdiction, and you agree to waive any objection you may have to jurisdiction and venue in such forum. You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement and you agree that service upon you may be accomplished by following the notice procedures of Section 10.c.


2. Notices.

All notices from Backend Service Provider to You will be sent to the email address you provided to Backend Service Provider. Notices by email shall be deemed effective 24 hours after the email is sent by Backend Service Provider, unless Backend Service Provider receives notice that the email address is invalid, in which event Backend Service Provider may give you notice via first class or certified mail, return receipt requested. All notices from You to Backend Service Provider shall be sent via certified mail, return receipt requested or trackable courier.

1. Newsgroup Spamming.

Defined as excessive cross posting, or posting the same article to several newsgroups is prohibited. Generally accepted standards allow no more than 15 newsgroups, or cross-postings, for a single article or substantially similar articles. Such articles may be canceled. You are not allowed to use your account based mail facilities to SPAM the newsgroups.

Should you violate our SPAM Policies, you agree to pay a minimum $500.00 administrative fee and $125.00 per hour technical support for the time required to "clean-up" your SPAM. This shall include but not be limited to the time required to answer e-mail from angry recipients of your SPAM and/or other actions of the angry recipients in retaliation of your SPAM and/or repair of a damaged server due to "Mail Bombing". Other fees may range from $1.00 to $10.00 per email as defined by law. You will also be charged $50 per gigabyte of data transfer that your SPAM incurred, including bandwidth used by answers to or complaints about your SPAM. You agree and permit us to take all necessary steps to recover these costs and fees. Necessary steps include legal action in a court of law, and/or recovery through a collection agency. Please note that it is now considered a crime to send UCE (unsolicited commercial e-mail) as it falls into the category of "junk faxes." We will turn over all names and personal information to the proper local, state, federal, and international officials of any person who violates this policy.

You agree to compensate our customers and allow us to pursue legal remedies for our customers’ lost revenue resulting from blacklisting or other activities that interfere or disrupt their services.

You agree to hold us harmless from activities of our customers and compensation for losses will be kept to the limits defined under LIMITATION OF LIABILITY.

As a reseller you agree to incorporate our policies into your contract with your customers. You agree to pay fees under section “Fine/Penalties“ for violations as described throughout this contract for any account under your supervision. You agree that all agreements in this contract apply to your resold accounts as if they were your own. You agree to be billed for violations as described, unless you cooperate by providing us with information necessary to identify and authenticate your customer so we may bill and seek recovery from them directly. For example, if your abusive customer is aware of our fees, and you provide us with sufficient information to locate, contact and authenticate your customer we may decide to release you from the above fee obligations. Only with your cooperation can we reduce abuse!

• The Backend Service Provider's email address, postal address and phone and facsimile number for the registrant, administrative, technical, and billing contacts;
• The primary and secondary domain name servers You designate for the IDP Domain;
• The IDP Domain's original date of registration and expiration date;
• The identity of your registrar and the status of the IDP Domain with the registrar (such as, "active," "Registrar Lock," "client hold," etc.).

• The right to sell, transfer or assign each IDP Domain;
• The right to control the use of each IDP Domain, including designating the primary and secondary domain name servers to which each IDP Domain points;
• The right to cancel each IDP Domain registration;
• The right to cancel Your IDP Services so that You become listed as the registrant;
• The right to renew each IDP Domain upon its expiration, subject to Your registrar's applicable rules and policies;
• The right to resolve any and all monetary, creditor or other claims that arise in connection with a legal or other dispute involving Your IDP Domain's, subject to Section 4, which shall, in all events, supersede any and all of Your rights as set forth in this Section 2.

1. Personal Information.

You agree that for each IDP Domain, You will provide and maintain as current and accurate, the following information:

1. Your name, address, email address, postal address, phone and fax numbers;
2. The name, address, email address, postal address, phone and fax numbers for the IDP Domain's administrative, technical, and billing contacts;
3. The primary and secondary domain name servers to which each IDP Domain points;
4. The IDP Domain's original date of registration and expiration date.
You agree to: (i) notify Your Service Provider within five (5) business days when any of the preceding information changes; (ii) respond within five (5) business days to any inquiries made by either Service Provider to determine the validity of personal information provided by You; (iii) respond to mail, phone, or email messages forwarded to you regarding correspondence Your Service Provider has received that is either addressed to or involves Your IDP Domain(s), as more fully set forth in Section 5(b) below. If You do not supply primary and secondary domain name servers, You agree that Backend Service Provider may point Your IDP Domain(s) to an IP address of Backend Service Provider' choosing until such time as You supply primary and secondary domain name servers.


2. Renewals.

If You have selected automatic renewal of the IDP Services through the account which you use to manage Your IDP Services ("Your Account"), You agree i) that the IDP Services shall be automatically renewed 30 days prior to the end of Your IDP Services term, ii) that the Service Provider will attempt to charge the credit card You have on file with the Service Provider at the then current rates, and iii) You waive any requirement to obtain you ongoing affirmative consent to any such automatic renewal. If you do not wish to automatically renew the IDP Services, You agree that the exclusive method for communicating this to the Service Provider shall be as follows: You shall log into Your Account and ensure that the auto-renewal or renewal option is not selected. You understand that you must do this at least 31 days prior to the end of the then current IDP Service term. It is your responsibility to keep your credit card information current and accurate, including the expiration date. If Service Provider is unable to collect renewal fees, you agree that a Service Provider may contact you, but is not obliged to do so, and you agree that Service Provider may suspend or terminate the IDP Services as a result of inability to obtain payment.

IMPORTANT TERMS REGARDING RELATIONSHIP OF TERM OF IDP SERVICES AND REGISTRATION TERM OF AN ASSOCIATED IDP DOMAIN: You understand that your IDP Services term begins on the date Your attempt to procure the IDP Services is accepted by the Service Provider(s) and that it shall run for the unit of time which You order. You understand that the IDP Services term may be different than the registration term of the IDP Domain, which is associated with the IDP Services. If an IDP Domain expires and is deleted before the end of the term of the associated IDP Services, then the IDP Services associated with the domain will end when the IDP Domain is deleted and you understand that there will be no refund for any resulting unused portion of an IDP Services term. If the IDP Services term ends while the registration term for an IDP Domain is still ongoing, then the IDP Services will no longer be provided, the personal information specified in Section 3.a. shall be listed in the WHOIS output for the (then former) IDP Domain, and the communications forwarding services specified in Section 5 will no longer be provided.


3. Representations & Warranties.

You warrant that all information provided by you pursuant to this Agreement is truthful, complete, current and accurate. You also warrant that You are using the IDP Services in good faith and that You have no knowledge that Your IDP Domain infringes upon or conflicts with the legal rights of any third party or any third party's trademark or trade name. You also warrant that neither the IDP Services nor IDP Domain(s) will not be used in connection with any illegal or morally objectionable activity (as defined below in Section 4), or, in connection with the transmission of unsolicited commercial email ("Spam").

• In the event you breach any provision of this Agreement or the Backend Service Provider Anti-Spam Policy;
• In the event you breach any provision of Your registrar's Registration Agreement;
• To protect the integrity and stability of the applicable domain name registry;
• To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
• To comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN;
• To avoid any financial loss or legal liability (civil or criminal) on the part of Backend Service Provider, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
• If the IDP Domain(s) is (are) alleged to violate or infringe a third party's trademark, trade name or other legal rights;
• If it comes to Backend Service Provider's attention that You are alleged to be using the IDP Services for purposes of engaging in, participating in, sponsoring or hiding Your involvement in, illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism and child pornography; (v) are tortuous, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information.
1. You also acknowledge and agree that Backend Service Provider may, in its sole discretion and without any liability to You whatsoever: (i) cancel the IDP Services during the first thirty (30) days after You procured the IDP Services; (ii) suspend Your rights under Section 2 of this Agreement during resolution of a dispute or investigation of allegations.
2. You further understand and agree that if Backend Service Provider is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of your use of the IDP Services or an IDP Domain, then your personal information listed in Section 3.a. will be revealed in the Whois output for any associated IDP Domain(s).
3. In the event (i) Backend Service Provider takes any of the actions set forth in paragraphs (a), (b) or (c) above or (ii) You elect to cancel or not renew the IDP Services for any reason, neither Service Provider will refund any fees paid by You whatsoever for the IDP Services.

1. Email Forwarding.

The Whois directory requires an email address for every purchased domain name registration. When you purchase IDP Services, Backend Service Provider creates a private email address for that domain. Thereafter, when messages are sent to your private email address, Backend Service Provider forwards them accordingly to the email address you list in Section 3.a.


2. Notifications Regarding Correspondence and Your Obligation to Respond.

Provider receives certified or traceable courier mail or legal notices addressed to your domain name, Backend Service Provider will send an email to the email address you provide to Backend Service Provider for such communication. Our email message will identify the sender of the correspondence and the date we received it. You will have seventy-two (72) hours to decide whether to reject the correspondence or have it forwarded. Method of forward will be determined by Backend Service Provider. You are eligible to receive up to 5 forwarded parcels per month as part of Your Backend Service Provider subscription. We reserve the right to begin charging You fees associated with shipping and handling or to change the method by which correspondence is forwarded to You in the future without written notice. If forwarding correspondence becomes a fee based service you will have the option to refuse forwarding before you are billed. Should you decline the billing we reserve the right to cancel Your IDP Services immediately.

In the event You do not respond to an email message sent to You per this Section 5.c., Backend Service Provider may immediately reveal the information You provided pursuant to Section 3.a. and/or cancel the IDP Services regarding either the IDP Domain in question or with respect to all of Your IDP Domains, depending on the circumstances. This means the Whois directory will revert to displaying your name, postal address, email address and phone number. We take this action because Backend Service Provider will not become involved in any legal or other matters between you and third parties.


3. Forwarding Fees.

In consideration for (i) handling and forwarding certified and traceable courier mail and certain first class correspondence, and (ii) responding to and dealing with complaining third parties, You agree to pay Backend Service Provider at the time such services are provided. Backend Service Provider may change its forwarding fees at any time. Unless otherwise stated, all fees are posted (and payable by You) in U.S. Dollars. You are responsible for paying all fees and taxes associated with using Backend Service Provider's forwarding services. Payment shall be made by you providing a valid credit card for charge by Backend Service Provider, and is non-refundable. If for any reason Backend Service Provider is unable to charge Your credit card with the full amount of the service provided, or if Backend Service Provider is charged back for any fee it previously charged to the credit card You provided, You agree that Backend Service Provider may, without notice to You, pursue all available remedies in order to obtain payment, including but not limited to, sale of the domain name registration to a third party, and immediate cancellation of Your account and all services Backend Service Provider provides to You.


4. Additional Administrative Fees.

Backend Service Provider reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. You agree that Backend Service Provider will arrange for Your Registrar to bill these charges to the credit card you have on file with the Registrar. Administrative fees, once charged, will be non-refundable. It is your responsibility to keep your credit card information current and accurate, including the expiration date. Failure to do so could result in termination of Backend Service Provider's services.