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We are a premier cloud solution provider driving business benefits through cloud adaption. We architect, design, build and manage scalable cloud infrastructure for enterprise clients globally since last 19 years. We do Digital Marketing and Lead Generation for specific Industries
Address: 203, Amrit Diamond House , Opera House , Girgaon , Mumbai. India , 400004.
Support Email: support@webzworld.com
Support Phone: +91 022 4004-1498
Support Mobile: +91 9819398222
Sales Email: info@webzworld.com
Sales Phone: +91 022 23641498
Sales Mobile: +91 9969692000
Terms Of Service
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Eligibility, Registration and Account Security
This section describes the eligibility criteria we require
from all of our users. When you register to use our
Services (as defined below), we need to make sure that you are
able to legally contract with us. This section also explains that you
are responsible for account security including all use of the Services through
your User account, whether or not authorized by you.
HIPAA Disclaimer
Our Services do not comply with the U.S. Health Insurance
Portability and Accountability Act (“HIPAA”). This section describes our policy
on HIPAA in more detail.
Termination Policy
Your Services offer plans for a fixed period
of time that you select upon purchase (e.g. 1 month, 1 year, etc.). Even
though we do not want you to, we know that one day you might want to leave us.
Auto-Renewal Terms
Unless otherwise provided, your Services will automatically
renew on your renewal date to ensure uninterrupted service. This section
explains this process in more detail.
Refunds
This section describes our refund policy.
User’s Responsibilities
You are required to comply with applicable law and have
certain obligations with respect to their use of the Services. You are also
required to cooperate with us and utilize hardware and software that is
compatible with the Services. In addition, you are responsible for the security
of your account and its content, as well as for maintaining a backup of your
content and promptly removing any malware from your account.
Billing and Payment
We offer a great range of Services to suit everyone’s needs
and at prices to suit everyone’s pockets. The fees you pay are based on the
plan you choose and any add-on products you purchase. All payments are taken,
in advance, for the full term of your plan.
Resource Usage
You are required to utilize server resources in an efficient
and responsible manner. Excessive use of server CPU and memory resources by you
can interfere with or prevent normal service performance for other customers.
Additional information about our policy on CPU, Bandwidth and Disk Usage can be
found here.
TERMS OF SERVICE
These Terms of Service (the “Agreement”) are an agreement
between you (“User” or “you” or “your”) and Webzworld unless you are a User in
India. For all Users in India, this is an Agreement between you and Webzworld , an Indian
corporation. For all customers outside of India, “Company”,
”we”, “us” or “our” shall refer to Webzworld, and for all customers in
India, the same shall refer to Webzworld .
This Agreement sets forth the general terms and conditions
of your use of the products and services made available by us and on our
website (collectively, the “Services”).
1. Additional
Policies and Agreements
1. Use of
the Services is also governed by the following policies, which are incorporated
into this Agreement by reference. By using the Services, you also agree to the
terms of the following policies.
1. Acceptable
Use Policy
2. Copyright
Infringement Policy
3. Data
Request Policy
4. Privacy
Policy
2. Additional
terms may also apply to certain Services, and are
incorporated into this Agreement by reference as applicable. For example, the
Affiliate Agreement, Domain Registration Agreement, Reseller Agreement, and VPS
Addendum will also apply to you as applicable and would be incorporated into
this Agreement.
2. Account
Eligibility
1. By
registering for or using the Services, you represent and warrant that:
1. You are
eighteen (18) years of age or older. The Services are intended solely for Users
who are eighteen (18) years of age or older. Any registration, use of or access
to the Services, by anyone under eighteen (18) is unauthorized and is a
violation of this Agreement.
2. If you
use the Services on behalf of another party you agree that you are authorized
to bind such other party to this Agreement and to act on such other party’s
behalf with respect to any actions you take in connection with the Services.
2. It is
your responsibility to provide accurate, current, and complete information on
the registration forms, including an email address that is different from the
domain you are signing up under. If there is ever an abuse issue or we need to
contact you, we will use the primary email address we have on file. It is your
responsibility to ensure that the contact information for your account,
including any domain accounts is accurate, correct and complete at all times. We are not responsible for any lapse in the
Services, including without limitation, any lapsed domain registrations due to
outdated contact information being associated with the domain. If you need to
verify or change your contact information, please contact our sales team via
email or update your contact information through the our
billing and support system. Providing false contact information of any kind may
result in the termination of your account. For dedicated server purchases or in
certain other cases, you may be required to provide government issued
identification and possibly a scan of the credit card used for verification
purposes. Failure to provide the information requested may result in your order
being denied.
3. You agree
to be fully responsible for all use of your account and for any actions that
take place through your account. It is your responsibility to maintain the
confidentiality of your password and other information related to the security
of your account.
3. Company
Content
Except for User Content (as defined below), all content
available through the Services, including designs, text, graphics, images,
video, information, software, audio and other files, and their selection and
arrangement, and all software used to provide the Services (collectively,
“Company Content”), are the proprietary property of the Company or the
Company’s licensors. Company Content may not be modified, copied, distributed,
framed, reproduced, republished, downloaded, scraped, displayed, posted,
transmitted, sold or exploited for any purpose in any form or by any means, in
whole or in part, other than as expressly permitted in this Agreement. You may
not, directly or indirectly, reverse engineer, decompile, disassemble or
otherwise attempt to derive source code or other trade secrets from any Company
Content. Any use of Company Content, other than as specifically authorized herein,
is prohibited and will automatically terminate your rights to use the Services
and any Company Content. All rights to use Company Content that are not
expressly granted in this Agreement are reserved by the Company and the
Company’s licensors.
4. User
Content
1. You may
upload, store, publish, display, and distribute information, text, photos,
videos and other content for your website on or through the Services
(collectively, “User Content”). User Content includes any content posted by you
or by users of any of your websites hosted through the Services (“User
Websites”). You are solely responsible for any and all User Content and any
transactions or other activities conducted on or through User Websites. By
posting or distributing User Content on or through the Services, you represent
and warrant to us that (i) you have all the necessary
rights to post or distribute such User Content, and (ii) your posting or
distribution of such User Content does not infringe or violate the rights of
any third party.
Solely for purposes of providing the Services, you hereby
grant to the Company a non-exclusive, royalty-free, worldwide right and license
to: (i) use, reproduce, publicly perform, publicly
display, modify, translate, excerpt (in whole or in part), publish and
distribute User Content; and (ii) make archival or back-up copies of User
Content and User Websites. Except for the rights expressly granted herein, the
Company does not acquire any right, title or interest in or to the User
Content, all of which shall remain solely with you.
2. We
exercise no control over, and accept no responsibility for, User Content or the
content of any information passing through our computers, network hubs and
points of presence or the internet. We do not monitor User Content. However,
you acknowledge and agree that we may, but are not obligated to, immediately
take any corrective action in our sole discretion, including without limitation
removal of all or a portion of the User Content or User Websites, and suspend
or terminate any and all Services without refund if you violate the terms of
this Agreement. You hereby agree that the Company shall have no liability due
to any corrective action that we may take.
5. HIPAA
Disclaimer
The Services do not comply with the U.S. Health Insurance
Portability and Accountability Act (“HIPAA”). You are solely responsible for
compliance with all applicable laws governing the privacy and security of
personal data, including medical or other sensitive data. You acknowledge that
the Services are not appropriate for the storage or control of access to
sensitive data, such as information about children or medical or health
information. We do not control or monitor the information or data you store on,
or transmit through, our Services. We specifically disclaim any representation
or warranty that the Services, as offered, comply with HIPAA. Users requiring
secure storage of “Protected Health Information” as defined under HIPAA are
expressly prohibited from using this Service for such purposes. Storing and
permitting access to “Protected Health Information,” is a material violation of
this Agreement, and grounds for immediate account termination. We do not sign
“Business Associate Agreements,” and you agree that Company is not a Business
Associate or subcontractor or agent of yours pursuant to HIPAA. If you have
questions about the security of your data, please contact us by phone or chat.
6. Payment
Card Industry Security Standard Disclaimer.
We comply with the Payment Card Industry Security Standard
(“PCI Standard”) in connection with the collection and processing of your data
and billing information. However, you are solely responsible for the security
of the data and billing information you collect on your User Website. We do not
monitor User Websites for compliance and therefore we are not able to verify
whether any User Website complies with the PCI Standard.
7. Certain
Services; 404 Error Page .
In the event you fail to configure a 404
error page, a default 404 error page will be configured by the Company
to appear in the event an Internet user enters a URL related to your domain but
for which no file is associated. By not configuring a 404
error page, you hereby consent to and authorize the Company’s placement
of a default 404 error page and its associated content on your website. The
Company’s 404 error page may contain advertisements and other materials
selected by the Company in the Company’s sole discretion. This may include, but
is not limited to, third-party websites, third-party product and service
offerings, and/or Internet search engines. You may change the 404 error page configuration at any time. The Company
reserves the right to collect and retain all revenue obtained from such
advertising and other materials.
8. Third
Party Products and Services
1. Third
Party Providers
We may offer certain third party
products and services. Such products and services may be subject to the terms
and conditions of the third party provider. Discounts,
promotions and special third party offers may be subject to additional
restrictions and limitations by the third party
provider. You should confirm the terms of any purchase and the use of goods or
services with the specific third party provider with
whom you are dealing. Please refer to Appendix A to obtain links to the terms
and conditions of certain third party providers.
Appendix A is a representative list and not a comprehensive list of goods or
services offered by third party providers.
The Company does not make any representations or warranties
regarding, and is not liable for, the quality, availability, or timeliness of
goods or services provided by a third party provider.
You undertake all transactions with these third party
providers at your own risk. We do not warrant the accuracy or completeness of
any information regarding third party providers. The Company is not an agent,
representative, trustee or fiduciary of you or the third
party provider in any transaction.
2. The
Company as Reseller or Sublicensor
We may act as a reseller or sublicensor
of certain third party services, hardware, software
and equipment used in connection with the Services (“Resold Products”). We
shall not be responsible for any changes in the Services that cause any Resold
Products to become obsolete, require modification or alteration, or otherwise
affect the performance of the Services. Any malfunction or manufacturer’s
defects of Resold Products, either sold, sublicensed or provided by us to you
will not be deemed a breach of the Company’s obligations under this Agreement.
Any rights or remedies you may have regarding the ownership, licensing,
performance or compliance of any Resold Product are limited to those rights
extended to you by the manufacturer of such Resold Product. You are entitled to
use any Resold Product supplied by us only in connection with your use of the
Services as permitted under this Agreement. You shall make no attempt to copy,
alter, reverse engineer, or tamper with such Resold Product or to use it other
than in connection with the Services. You shall not resell, transfer, export or
re-export any Resold Product, or any technical data derived therefrom, in
violation of any applicable law, rules or regulations.
3. Third
Party Websites
The Services may contain links to other websites that are
not owned or controlled by us (“Third Party Sites”), as well as articles,
photographs, text, graphics, pictures, designs, sound, video, information, and
other content or items belonging to or originating from third parties (“Third
Party Content”). We are not responsible for any Third Party
Sites or Third Party Content accessed through the Services. Third Party Sites
and Third Party Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by us. If
you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you
should be aware that our terms and policies no longer govern. You should review
the applicable third party’s terms and policies, including privacy and data
gathering practices of any website to which you navigate.
9. Prohibited
Persons (Countries, Entities, And Individuals).
The Services are subject to export control and economic
sanctions laws and regulations administered or enforced by the United States
Department of Commerce, Department of Treasury’s Office of Foreign Assets
Control (“OFAC”), Department of State, and other United States authorities
(collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport,
or permit the export or reexport, of software or technical data in violation of
U.S. Trade Laws. In addition, by using the Services, you represent and warrant
that you are not (a) an individual, organization or entity organized or located
in a country or territory that is the target of OFAC sanctions (including Cuba,
Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b)
designated as a Specially Designated National or Blocked Person by OFAC or
otherwise owned, controlled, or acting on behalf of such a person; (c)
otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear,
missile, chemical or biological weapons activities to which U.S. persons may
not contribute without a U.S. Government license. Unless otherwise provided
with explicit written permission, the Company also does not register, and
prohibits the use of any of our Services in connection with, any Country-Code
Top Level Domain Name (“ccTLD”) for any country or territory that is the target
of OFAC sanctions. The obligations under this section shall survive any
termination or expiration of this Agreement or your use of the Services.
10. Account
Security and Company Systems.
1. It is
your responsibility to ensure that scripts/programs installed under your account
are secure and permissions of directories are set properly, regardless of the
installation method. When at all possible, set permissions on most directories
to 755 or as restrictive as possible. Users are ultimately responsible for all
actions taken under their account. This includes the compromise of credentials
such as username and password. You are required to use a secure password. If a
weak password is used, your account may be suspended until you agree to use a
more secure password. Audits may be done to prevent weak passwords from being
used. If an audit is performed, and your password is found to be weak, we will
notify you and allow time for you to change or update your password before
suspending your account.
2. The
Services, including all related equipment, networks and network devices are
provided only for authorized customer use. We may, but is not obligated to,
monitor our systems, including without limitation, to ensure that use is
authorized, to facilitate protection against unauthorized access, and to verify
security procedures, survivability, and operational security. During
monitoring, information may be scanned, examined, recorded, copied and used for
authorized purposes. By using the Services, you consent to monitoring for these
purposes.
3. Any
account found connecting to a third party network or
system without authorization from the third party is subject to suspension.
Access to networks or systems outside of your direct control requires the
express written consent of the third party. We may, at our discretion, request
documentation to prove that your access to a third party
network or system is authorized.
4. Any
account that is found to be compromised may be disabled and/or terminated. If
you do not clean up your account after being notified by us of an ongoing
issue, we reserve the right to keep your account disabled. Upon your request,
we may clean-up your account for an additional fee.
5. We
reserve the right to migrate your account from one data-center
to another in order to comply with applicable data center
policies, local law or for technical or other reasons without notice.
11. Compatibility
with the Services
1. You agree
to cooperate fully with us in connection with our provision of the Services. It
is solely your responsibility to provide any equipment or software that may be
necessary for your use of the Services. To the extent that the performance of
any of our obligations under this Agreement may depend upon your performance of
your obligations, the Company is not responsible for any delays due to your
failure to timely perform your obligations.
2. You are
solely responsible for ensuring that all User Content and User Websites are
compatible with the hardware and software used by us to provide the Services,
which may be changed by us from time to time in our sole discretion.
3. You are
solely responsible for backing-up all User Content, including but not limited
to, any User Websites. The Company does not warrant that we back-up any User
Content, and you agree to accept the risk of loss of any and all User Content.
12. Billing
and Payment Information
1. Prepayment.
It is your responsibility to ensure that your payment
information is up to date, and that all invoices are paid on time. You agree to
pay for the Services in advance of the time period during which such Services
are provided. Subject to applicable laws, rules, and regulations, at our sole
discretion, payments may be applied to outstanding invoices in your billing
account.
2. Autorenewal.
Unless otherwise provided, you agree that until and unless
you notify us of your desire to cancel the Services, you may be billed, but we
are not obligated to bill you, on an automatically recurring basis to prevent
any disruption to your Services, using your credit card or other billing
information on file with us.
3. Advance
Account.
If you maintain a credit balance, we will deduct from the
credit balance when you purchase products or services from us. If the credit
balance is insufficient for processing the order the order may not be
processed. Any negative balance in the Advance Account will become immediately
payable. If you do not correct a negative balance in your account within 24
hours, we reserve the right to terminate the Services with immediate effect and
without any notice.
4. Taxes.
Listed fees for the Services do not include any applicable
sales, use, revenue, excise or other taxes imposed by any taxing authority,
unless otherwise provided. Any applicable taxes will be added to your invoice
as a separate charge to be paid by you. All fees are non-refundable when paid
unless otherwise stated.
5. Late
Payment or Non-Payment.
Any invoice that is outstanding may result in the suspension
or termination of Services. Access to the account will not be restored until
payment has been received. If you fail to pay the fees as specified herein, we
may suspend or terminate your account and pursue the collection costs incurred
by the Company, including without limitation, any arbitration and legal fees,
and reasonable attorneys’ fees. We will not activate new orders or activate new
packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all
content deleted if you fail to make a timely payment. You have fifteen (15)
days from the expiry date to pay the outstanding amount due for a dedicated
server. After 15 days, the data on the dedicated server will be permanently
deleted and cannot be restored.
6. Domain
Payments.
1. Domain
registrations. No refunds will be given once a domain is registered.
2. Domain
Renewals. You can manage domain renewals in your control panel. Domain renewal
notices are provided as a courtesy reminder and we are not responsible for any
failure to renew a domain or failure to notify about a domain renewal. No
refunds will be given once a domain is renewed.
7. Fraud.
It is a violation of this Agreement for you to misuse or
fraudulently use credit cards, charge cards, electronic funds transfers,
electronic checks, or any other payment method. We may report any such misuse
or fraudulent use, as determined in our sole discretion, to governmental and
law enforcement authorities, credit reporting services, financial institutions
and/or credit card companies.
8. Invoice
Disputes.
If you have any questions concerning a charge on your
account, please reach out to our billing department for assistance.
9. Price
Change
The Company reserves the right to change prices, the monthly
payment amount, or any other charges at any time. We will provide you with at
least thirty (30) days’ notice before charging you with any price change. It is
your sole responsibility to periodically review billing information provided by
us through the user billing tool or through other methods of communication,
including notices sent or posted by us.
10. Coupons
Discounts and coupon codes are reserved for first-time
accounts or first-time customers only and may not be used towards the purchase
of a domain registration unless otherwise specified. If you have previously
signed up using a particular domain, you may not sign
up again for that domain using another coupon at a later date. Any account
found in violation of these policies will be reviewed by our Sales department
and the appropriate charges will be added to the account. Coupon abuse will not
be tolerated and may result in the suspension or termination of your account.
All coupons and discounts are only valid towards the initial purchase and do
not affect the renewal or recurring price.
13. Cancellations
and Refunds
Cancellation Process.
You may terminate or cancel the Services from the control
panel. If you cancel the Services, you are obligated to pay all fees and
charges accrued prior to the effectiveness of such cancellation. If you request
to suspend or cancel your customer account, your access to the control panel
will be suspended and you will not be able to access the billing system to
renew products or services or to update your account information. However, you
will continue to have access to use the Services purchased until the end of
your prepaid term.
Please note that if you have pending orders outstanding on
your account at the time you cancel your account, we will continue to process
those orders so long as your Advance Account has sufficient
funds to cover the charges. If we are unable to fulfill
any orders, the charges for such orders will be reversed and we reserve the
right to cancel such orders.
We reserve the right to deny or cancel any order within
thirty (30) days of processing such order. In such case we will refund the fees
charged for the order.
14. Termination.
We may terminate your access to the Services, in whole or in
part, without notice in the event that: (i) you fail
to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may
harm the Company or others or cause the Company or others to incur liability,
as determined by us in our sole discretion; or (iv) as otherwise specified in
this Agreement. In such event, we will not refund to you any fees paid in
advance of such termination, and you shall be obligated to pay all fees and
charges accrued prior to the effectiveness of such termination. Additionally,
the Company may charge you for all fees due for the Services for the remaining
portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER
CONTENT, USER WEBSITES, AND OTHER DATA MAY BE DELETED.
Shared hosting has been designed to host most personal,
small business websites. To support this, we offer unmetered disk space,
unmetered bandwidth and unmetered websites on some of our plans
15. CPU,
Bandwidth and Disk Usage
a. Permitted
CPU and Disk Usage.
All use of hosting space provided by India is subject to the
terms of this Agreement and the Acceptable Use Policy. Shared hosting space
shall only be used for: (i) web files; (ii) active
email; and (iii) content of User Websites.
However, Shared hosting space may not be used for any
activity not listed above, including but not limited to: (i)
storage of media, emails, or other data as determined by the service providers;
or (ii) offsite storage of electronic files, email or FTP hosts; (iii) gaming
server; or (iv) to store over 100,000 files; or (v) run MySQL queries longer
than 15 seconds; or (vi) use more than 50% of your website’s disk space for
storing emails. Notwithstanding the above, your email storage cannot exceed 10
GB of disk space used by your Hosting order, even if it is within the aforesaid
50% of your website’s disk space. or (vii) use more than 5 GB or lesser based
on the offering per database. We expressly reserve the right to review every
shared account for excessive usage of CPU, disk space and other resources which
might affect the stability, performance and uptime of our servers, storage and
network that may be caused by your violation of this Agreement or the
Acceptable Use Policy or otherwise.
If you are in violation of the above, we may, in our sole
discretion require you to upgrade your package, or move to a VPS or Dedicated
server (depending on which package would meet your needs) or terminate access
to the Services or remove or delete User Content for those accounts that are
found to be in violation of this Agreement and other policies. Please note,
Dedicated and VPS usage will be limited by the resources allocated to the
specific plan that you purchase.
b. Bandwidth
Usage.
Bandwidth usage is unmetered on shared and cloud hosting
services. Additionally, specific limits on the services have been mentioned on
the product that you purchase, which include but are not limited to Shared
hosting, Cloud hosting, WordPress hosting, VPS, Dedicated and Email hosting. If
we encounter any website/package/order/customer consuming more than 25% of the
system resources for more than 90 seconds which might affect the stability,
performance, and uptime of our servers, storage and network, we may require to
you upgrade your package, or move to a VPS or Dedicated server, or we may take
action to restrict the bandwidth or other resources applicable for your
website/package/order/account.
16. Limitation
of Liability
IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, EMPLOYEES OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST
PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER
CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE
SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
THE COMPANY’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES IN THE THREE (3)
MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN
AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT
INCREASE THIS LIMIT.
17. Indemnification
You agree to indemnify, defend and hold harmless the
Company, our affiliates, and their respective officers, directors, employees
and agents (each an “Indemnified Party” and, collectively, the “Indemnified
Parties”) from and against any and all claims, damages, losses, liabilities,
suits, actions, demands, proceedings (whether legal or administrative), and
expenses (including, but not limited to, reasonable attorney’s fees)
threatened, asserted, or filed by a third party against any of the Indemnified
Parties arising out of or relating to (i) your use of
the Services, (ii) any breach or violation by you of this Agreement; or (iii)
any acts or omissions by you. The terms of this section shall survive any
termination of this Agreement.
18. Arbitration
Your use of the Services is also governed by the following:
Unless you are in India, you also hereby agree to the
Company’s Arbitration Agreement, which is incorporated into this Agreement by
reference and can be found here .
Alternatively, if you are in India, the following provision
applies to you:
All disputes, controversies and differences arising out of
or relating to this Agreement, including a dispute relating to the validity or
existence of this Agreement
(“Dispute”) shall be referred to and resolved by arbitration
in Mumbai, India under the provisions of the Arbitration and Conciliation Act,
1996; provided that, to the extent a party may suffer immediate and irreparable
harm for which monetary damages would not be an adequate remedy as a result of
the other party’s breach or threatened breach of any obligation hereunder, such
party may seek equitable relief, including an injunction, from a court of
competent jurisdiction, which shall not be subject to this Section. The
arbitration tribunal shall consist of one (1) arbitrator jointly appointed by
the parties within fifteen (15) days from the date of first recommendation for
an arbitrator in written form for a party to the other. If the parties fail to
agree on appointment of such arbitrator, then the arbitrator shall be appointed
as per the provisions of Arbitration and Conciliation Act, 1996. The language
of the arbitration shall be English. As part of the terms of the appointment of
the arbitrator(s), the arbitrator(s) shall be required to produce a final and
binding award or awards within six (6) months of the appointment of the sole
arbitrator (jointly appointed by the parties). Parties shall use their best
efforts to assist the arbitrator(s) to achieve this objective, and the parties agree
that this six (6) month period shall only be extended in exceptional
circumstances, which are to be determined by the arbitrator(s) in its absolute
discretion. The arbitral award passed by the arbitrator shall be final and
binding on the parties and shall be enforceable in accordance with its terms.
The arbitrator shall state reasons for its findings in writing. The parties
agree to be bound thereby and to act accordingly. All costs of the arbitration
shall be borne equally by the parties.
19. Independent
Contractor
The Company and User are independent contractors
and nothing contained in this Agreement places the Company and User in the
relationship of principal and agent, partners or joint ventures. Neither party
has, expressly or by implication, or may represent itself as having, any
authority to make contracts or enter into any agreements in the name of the
other party, or to obligate or bind the other party in any manner whatsoever.
20. Governing
Law; Jurisdiction
Unless you are in India, any controversy or claim arising
out of or relating to this Agreement, the formation of this Agreement or the
breach of this Agreement, including any claim based upon an alleged
tort, shall be governed by the substantive laws of the Commonwealth of
Massachusetts.
If you are in India, any controversy or claim arising out of
or relating to this Agreement, the formation of this Agreement or the breach of
this Agreement, including any claim based upon an alleged tort, shall be
governed by the substantive laws of the Republic of India.
Notwithstanding the foregoing, the United Nations Convention
on Contracts for the International Sale of Goods does not apply to this
Agreement.
21. Backups
and Data Loss
Your use of the Services is at your sole risk. the Company
does not maintain backups of dedicated accounts or the Services purchased by
you. You should not rely on the Company for backup. It is solely your
responsibility to maintain backups. the Company is not responsible for files
and/or data residing on your account. You agree to take full responsibility for
all files and data transferred and to maintain all appropriate backup of files
and data stored on the Company’s servers.
22. Limited
Disclaimer and Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON
AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS
SECTION, THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND
LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS
AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL
BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE
COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT
LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA
TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE
SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS
AGREEMENT.
23. Entire
Agreement.
This Agreement, including policies and documents
incorporated by reference, supersedes all prior discussions, negotiations and
agreements between the parties with respect to the subject matter hereof, and
this Agreement constitutes the sole and entire agreement between the parties
with respect to the matters covered hereby.
24. Headings.
The headings herein are for convenience only and are not
part of this Agreement.
25. Changes
to the Agreement or the Services
We may change or modify this Agreement at any time. We will
post a notice of any significant changes to this Agreement on our website for
at least thirty (30) days after the changes are posted and will indicate at the
bottom of this Agreement the date these terms were last revised. Any changes or
modifications to this Agreement shall be effective and binding on you as of the
date indicated in a notice posted on this page. If no date is specified, your
use of the Services after such changes or modifications shall constitute your
acceptance of the Agreement as modified. If you do not agree to abide by this
Agreement, you are not authorized to use or access the Services.
26. Severability
If any provision or portion of any provision of this
Agreement is found to be illegal, invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions or portions (unless otherwise
specified) thereof shall remain in full force and effect.
27. Waiver
No failure or delay by you or the Company to exercise any
right or remedy hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise of any right or remedy preclude any other or further
exercise of any right or remedy. No express waiver of, or assent to, any breach
of or default in any term or condition of this Agreement by any party hereto
shall constitute a waiver of, or an assent to, any succeeding breach of or
default in the same or any other term or condition hereof.
28. Assignment;
Successors
You may not assign or transfer this Agreement or any of your
rights or obligations hereunder, without the prior written consent of the
Company. Any attempted assignment in violation of this Agreement shall be null
and void and of no force or effect whatsoever. We may assign our rights and
obligations under this Agreement, and may engage
subcontractors or agents in performing our duties and exercising our rights
hereunder, without the consent of User. This Agreement shall be binding upon
and shall inure to the benefit of the parties hereto and their respective
successors and permitted assigns.
29. Force
Majeure
Neither party is liable for any default or delay in the
performance of any of its obligations under this Agreement (other than failure
to make payments when due) if such default or delay is caused, directly or
indirectly, by forces beyond such party’s reasonable control, including,
without limitation, fire, flood, acts of God, labor
disputes, accidents, acts of war or terrorism, interruptions of transportation
or communications, supply shortages or the failure of any third party to
perform any commitment relative to the production or delivery of any equipment
or material required for such party to perform its obligations hereunder.
30. Third-Party
Beneficiaries
Except as otherwise expressly provided in this Agreement,
nothing in this Agreement is intended, nor shall anything herein be construed
to confer any rights in any person other than the parties hereto and their
respective successors and permitted assigns. Notwithstanding the foregoing,
user acknowledges and agrees that any supplier of a third-party product or
service that is identified as a third-party beneficiary in the service
description, is an intended third-party beneficiary of the provisions set forth
in this Agreement as they relate specifically to its products or services and
shall have the right to enforce directly the terms and conditions of this
Agreement with respect to its products or services against user as if it were a
party to this Agreement.
Domain Registration Agreement
This Domain Registration Agreement (“Registration Agreement”) is between you,
the person or entity registering a domain or domains, and the Company (as defined
below), as the sponsoring registrar, or acting as reseller for the sponsoring
registrar identified in the WHOIS record which may be retrievedhere. For all
customers outside of India, “Company”, ”we”, “us” or “our” shall refer to
Webzworld, and for all customers in India, the same shall refer to Webzworld.
By using the Company’s domain registration services (the “Services”), you agree
to be bound by this Registration Agreement. Please read this agreement
carefully.
We may modify, add, or delete portions of this Registration Agreement at any
time. In such event, we will post a notice that we have made significant
changes to this Registration Agreement on our website for at least 30 days
after the changes are posted and will indicate at the bottom of this
Registration Agreement the date these terms were last revised. Any revisions to
this Registration Agreement will become effective (i) 30 -days after the notice
for modification, addition or deletion has been posted or (ii) the first time
you access or use the Services after such changes. If you do not agree to abide
by this Registration Agreement, you are not authorized to use or access the
Services.
You acknowledge and agree that the Company may modify this Registration
Agreement with or without notice in order to comply with any terms and
conditions set forth by Internet Corporation for Assigned Names and Numbers
(“ICANN”) and/or the applicable registry administrators (“Registry
Administrators”) for the top level domains (“TLD”) or country code top level
domains (“ccTLD”).
1. Our Services
Your domain registration will be effective upon occurrence of all of the
following:
1.
1. You accept all terms and conditions of this Registration Agreement and the
the Company’s Terms of Service and its ancillary documents;
2. The Company accepts (in its sole discretion) your domain registration
application;
3. The Company receives payment of the registration, renewal and reinstatement
fees, as applicable; and
4. The Company delivers the domain registration information you provide to the
registry administrator for the applicable TLDs and the Registry Administrator
puts into effect your domain registration application.
2. Limitation of Liability
You understand that the Company does not control all aspects of the domain registration
process. For example, once you submit a domain registration, the Company
forwards the information contained in the registration to the appropriate
Registry Administrator for processing and actual registration of the name. The
Company disclaims, and you agree, that the Company is not liable for any
inaccuracies regarding the registration information relating to (i) the input
of the information by you; and (ii) the input of the information by the
Registry Administrator. The Company will not be held liable, nor refund a
domain name registration due to spelling errors/typos.
3. Multiple Domain Registrations
The Company, in accordance with ICANN policies, reserves the rights to refuse
to register multiple domain registrations.
4. Fees
a. Payment of fees as a condition to domain registration. As consideration for
the domain registration service provided by the Company, you agree to pay the
Company, prior to the effectiveness of the desired domain registration, all
registration and other applicable fees as indicated via the payment method
selected at the time of registration. All fees are non-refundable, in whole or
in part, even if your domain registration is suspended, cancelled or
transferred prior to the end of your then-current registration term. It is the
responsibility of the listed registrant for the domain name to maintain records
appropriate to document and prove the initial domain name registration date.
b. Reservation of right to modify fees. The Company reserves the right to
modify fees, surcharges, and renewal fees or to institute new fees at any time
with 30 days’ notice, for any reason, at its sole discretion.
c. Credit card charge-backs for domain registrations. In the event of a
charge-back to the Company by the credit card company (or similar action by
another payment provider used by us) for the credit card used in connection
with the payment of the registration or other fee, you agree and acknowledge
that the domain registration shall be transferred to the Company, as the paying
entity for that registration to the registry(ies) and that we reserve all
rights regarding such domain including, without limitation, the right to make
the domain available to other parties for purchase. the Company also reserves
the right to lock your account and the remainder of your domains until we
receive your payment of any administrative fees and/or chargeback fees. In the
Company’s sole discretion, we may reinstate your domain registration, subject
to the Company’s receipt of the registration fee and any administrative and/or
chargeback fees described above.
d. Credit card charge-backs for non-domain registration services. In the event
of a charge-back by the credit card company (or similar action by another
payment provider) for the credit card used in connection with the payment of a
non-domain registration fee, you agree and acknowledge that service shall not
initiate or will be discontinued, if previously in use, and any information
maintained by the service may be deleted along with your account and the remainder
of your services being locked until we receive your payment of any
administrative fees and/or chargeback fees. In the Company’s sole discretion,
we may reinstate your services, subject to the Company’s receipt of the
non-domain registration fee and any administrative and/or chargeback fees
described above.
5. Required Domain Registration Information
a. Registration information. As part of the domain registration process and in
accordance with ICANN policies, a Registered Name Holder is required to submit,
and update within seven (7) days of any change, complete and accurate
information, including the following (collectively, the “Registration
Information”):
§ The domain
registrant’s name and postal address;
§ The
domain being requested;
§
Administrative contact information, including the name, postal address, email
address, telephone number, and where available, fax number of the
administrative contact for the domain; and
§
Technical contact information, including the name, postal address, email
address, telephone number, and where available, fax number of the technical
contact for the domain; and
§
Billing contact information, including the name, postal address, email address,
voice telephone number, and where available, fax number of the billing contact
for the domain.
b. Additional registration information. In addition, in accordance with ICANN
policies, the Company is obligated to submit and keep current, complete and
accurate additional information relating to a domain registration, which may
include the following (collectively, “Additional Registration Information”):
§ The
original creation date of the domain registration;
§ The
submission date and time of the registration to us and by us to the proper
registry;
§
Communications (electronic or paper form) constituting registration orders,
modifications, or terminations and related correspondence between you and us;
§
Account records for your domain registration, including dates and amounts of
all payments and refunds;
§ The
IP addresses of the primary nameserver and any secondary nameservers for the
domain;
§ The
corresponding names of those nameservers;
§ The
name, postal address, email address, voice telephone number, and where
available, fax number of the technical contact for the domain;
§ The
name, postal address, email address, voice telephone number, and where
available, fax number of the administrative contact for the domain;
§ The
expiration date of the registration; and
§
Information regarding all other activity between you and us regarding your
domain registration and related services.
c. Use of Registration Information and Additional Registration Information. You
agree and acknowledge that the Company will make available the Registration
Information and the Additional Registration Information to ICANN; to other
third party Registry Administrators such as VeriSign, Inc., Global Names
Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International;
and as applicable laws may require or permit. Additionally, you acknowledge and
agree that ICANN and the Registry Administrators may establish guidelines,
limits and/or requirements that relate to the amount and type of information
that the Company may or must make available to the public or to private
entities, and the manner in which such information is made available. Further,
you hereby consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or use of, information provided by you in
connection with the registration of a domain (including any updates to such
information), whether during or after the term of your registration of the
domain. Moreover, you hereby irrevocably waive any and all claims and causes of
action that may arise or have arose from such disclosure or use of your
Registration Information and the Additional Registration Information.
d. Information updating and accuracy obligations. As a condition to continued
registration of your domain, you must provide us with updated Registration
Information within seven (7) days of any changes to such information. You may
review, modify or update your Registration Information by accessing the
Company’s domain manager service, domain management console or similar service,
made available at our website. In accordance with ICANN policies, you
acknowledge and agree that if you willfully provide inaccurate information or
fail to update your Registration Information within seven (7) days of any
change, then you will be in material breach of this Registration Agreement and
we may in our sole discretion cancel your domain registration. You further
agree that your failure to respond within ten (10) days to any inquiry by the
Company concerning the accuracy of the Registration Information or to contact
the Company immediately upon discovery of any willful inaccuracy (including,
e.g., phone number listed as 000-0000) associated with your domain registration
shall constitute a material breach of this Registration Agreement and will be
sufficient basis for cancellation of your domain registration. You further
represent that you have obtained consent from any third-party individuals whose
personal data you have provided as Registration Information.
e. Information requirements for renewals. Upon renewal of your domain
registration, the type of information you are required to provide may have
changed. If you do not wish to provide the new required information, your
domain registration may not be renewed.
f. Ownership of data. You agree and acknowledge that the Company owns all
database, compilation, collective and similar rights, title and interests
worldwide in our domain database (“Domain Database”), and all information and
derivative works generated from such Domain Database, which contains
Registration Information and Additional Registration Information. You further
agree and acknowledge that the Company may use the following information for
those domain registrations for which we are the registrar: (a) the original creation
date of the registration; (b) the expiration date of the registration; (c) the
name, postal address, email address, voice telephone number, and where
available fax number of the technical contact, authorized contact, zone contact
and billing contact for the domain registration; (d) any remarks concerning the
registered domain that appear or should appear in the WHOIS or similar
database; and (e) any other information the Company generates or obtains in
connection with the provision of domain registration services, other than the
domain being registered, the Internet protocol (IP) addresses of the primary
nameserver and any secondary nameservers for the domain, and the corresponding
names of those nameservers. The Company does not have any ownership interest in
your specific personal registration information outside of its rights in its
Domain Database. The Company agrees to take reasonable precautions to protect
your specific personal registration information from loss, misuse, unauthorized
access or disclosure, alteration or destruction.
g. Registrant Verification. You understand and agree that Registrar is required
to verify the Registered Name Holder’s email address within 15 days of any
registration, transfer, or change to the Registered Name Holder’s contact
information. The Domain Name Holder’s failure to verify the contact information
within 15 days constitutes a material breach of this Registration Agreement and
will result in the immediate suspension of the domain name(s) and associated
service(s).
In addition, you understand and agree that Registrar is required to verify any
changes to any WHOIS contact information within 15 days of any change. The
Domain Name Holder’s failure to verify such changes within 15 days constitutes
a material breach of this Registration Agreement and will result in the
immediate suspension of the domain name(s) and associated service(s).
6. Domain Privacy Service
a. If you purchased domain privacy services (“Domain Privacy”), you agree that
your Registration Information will be replaced in any public WHOIS search with
information provided by the Company as determined in its sole discretion (the
“Private WHOIS Contact Information”).
b. Although the Private WHOIS Contact Information will appear in any public
WHOIS search result, you are solely responsible for resolving any and all
monetary, creditor, or other claims that arise in connection with a legal or
other dispute involving your domain name registration. Use of the Domain
Privacy service in no way alleviates your obligation to provide valid and
accurate Registration Information and to update and correct such information
pursuant to the terms of this Registration Agreement.
c. The Domain Privacy service is NOT a general mail forwarding service. You
agree that you will not provide any third party with the Private WHOIS Contact
Information for the purpose of having such third party transmit communications
to you. The Company may immediately terminate the Domain Privacy service and,
at its sole option, disclose the Registration Information in the event that you
breach this Agreement.
d. Notwithstanding anything to the contrary, you agree that the Company may,
but is not obligated to, review and forward communications in connection with
your domain name that it receives. You hereby authorize the Company to receive,
sort, open, forward, and destroy any and all mail sent to our address at our
sole discretion. You specifically acknowledge that the Company is not obligated
but may forward to you certified or traceable courier mail (such as UPS or
Federal Express deliveries), legal notices, or first class U.S. postal mail;
however, the Company will NOT forward “junk” mail or other unsolicited
communications (whether delivered through fax, postal mail, or telephone), and
you further authorize the Company to either discard all such communications or
return all such communications to the sender. You agree that: (i) postal mail
may be forwarded via regular mail forwarding or scanned and emailed
electronically to the email address listed in the Registration Information;
(ii) emails will be forwarded to the email address listed in the Registration
Information; and (iii) callers will be directed to use the mailing or email
address listed on the Private WHOIS Contact Information and we will forward
such mail or email pursuant to the terms of this section; we will not relay
phone messages to you. You agree to waive any and all claims arising from your
failure to receive communications directed to your domain name but not
forwarded or referred to you by the Company.
e. If any domain name for which you are using the Domain Privacy service is
transferred to another registrar, Domain Privacy will automatically cease and
no refund will be given for any unused portion of the service.
f. Failure to renew the Domain Privacy service while your domain name
registration is still valid will result in the Domain Privacy being suspended,
terminated or cancelled and your Registration Information will be displayed in
any public WHOIS search. Domain Privacy renewals after initial purchase will be
at the standard list price, which is available by logging in to your account.
g. The Company expressly reserves the right, in its sole discretion and without
any liability to you whatsoever, to suspend or cancel your use of the Service
and/or reveal the Registration Information in any public WHOIS search or to any
third party at any time without notice to you:
§ To
comply with any applicable laws, rules, regulations or requirements, or with
any subpoenas, court orders, official government inquiries or requests of law
enforcement;
§ To
comply with ICANN’s Uniform Domain Name Dispute Resolution Policy ;
§ To
resolve any and all third-party claims, whether threatened or made, arising out
of your use of the Domain Privacy service, including without limitation, to
avoid a dispute of any claim that the registered domain name violates or
infringes a third party’s trademark, trade name, or other legal rights;
§ In
the event you breach any provision of this Registration Agreement or any other
agreement you’ve entered into with the Company, including, but not limited to,
the Terms of Service;
§ To
comply with the rules, procedures, or practices of the registry that governs
the domain name extension receiving the Domain Privacy service and to protect
the integrity and stability of the applicable domain name registry;
§ To
avoid any financial loss or legal liability (civil or criminal) on the part of
the Company, its parent companies, subsidiaries, affiliates, shareholders,
agents, officers, directors, or employees;
§ To
prevent inappropriate activity that comes to the Company’s attention, including
without limitation if you are using Domain Privacy to hide your involvement in
illegal or morally objectionable activities, including without limitation,
activities that are intended to or otherwise: (i) appeal purely to the prurient
interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or
harass third parties; (iii) violate state or federal laws of the United States
and/or foreign territories; (iv) involve hate crimes, terrorism, or child
pornography; (v) are tortious, vulgar, obscene, invasive of a third party’s
privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the
identity of a third party; (vii) harm minors in any way; or (viii) relate to or
transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or
any other code, routine, mechanism, device or item that corrupts, damages,
impairs, interferes with, intercepts or misappropriates any software, hardware,
firmware, network, system, data, or personally identifiable information.
h. Pursuant to paragraph 3.7.7.3 of ICANN’s Registrar Accreditation Agreement
(“RAA”) , you agree that if you license use of a Registered Name (as that term
is defined in the RAA) to a third party, you are nonetheless the Registered
Name Holder of record (as that term is defined in the RAA) and are responsible
for providing the full contact information and for providing and updating
accurate technical and administrative contact information adequate to
facilitate timely resolution of any problems that arise in connection with the
Registered Name. A Registered Name Holder licensing use of a Registered Name
according to this provision shall accept liability for any harm caused by
wrongful use of the Registered Name, unless the Registered Name Holder
discloses the current contact information provided by the licensee and the
identity of the licensee within seven (7) days to a party that provides the
Registered Name Holder reasonable evidence of actionable harm.
7. Domain Parking
a. Upon registration, the domain will be automatically placed on name servers
provided by the Company, and Internet users that type in the domain will be
redirected to a “coming soon” page (collectively, “parking a domain” or a
“parked domain”). There is no charge for parking a domain. You hereby consent
to and authorize the Company’s placement of a “coming soon” page, and its
associated contents, on your parked domain. You may change the name server
configuration (or “un-park” the domain) after the registration is complete. If
you need to register name servers using the domains that you are currently
registering, the names will initially be parked with the Company until you
modify the name servers after the domain registration is complete, using your
account manager.
b. In the event your domain registration expires, your registration is no
longer valid. If you are able to renew the domain name, you may update the
domain to its original settings. After expiration, but prior to renewal, the
domain may be pointed to an “expired” page (collectively, “parking a domain” or
a “parked domain”). There is no charge for the parked domain. By not renewing
the domain, the Company may place an “expired” page, and its associated
contents, on the parked domain. You may change the name server configuration
(or “un-park” the domain) after the renewal is complete. If you need to
register name servers using the domains that you are currently renewing, the
names will initially be parked with the Company until you modify the name
servers after the domain renewal is complete, using your account manager.
c. The “coming soon” and/or “expired” pages may contain advertisements and
other materials selected by the Company, in the Company’s sole discretion. This
may include, but is not limited to third-party websites, third-party product
and service offerings, and/or Internet search engines. The Company reserves the
right to collect and retain all revenue obtained from such advertising and
other materials.
d. DNS Wildcard. In the event you utilize the Company’s DNS management services
and fail to configure a wildcard DNS for your domain, the Company may insert
wildcard DNS records to resolve subdomains of your domain that would not
otherwise resolve. The Company may point those subdomains to a web page that
may contain advertisements and other materials selected by the Company in the
Company’s sole discretion. This may include, but is not limited to, third-party
websites, third-party product and service offerings, and/or Internet search
engines.
8. Registration Renewal
a. Renewal obligations. You are solely responsible for ensuring that any and
all domains and additional services are renewed prior to their expiration,
should you so desire their renewal. You may renew your domain at any time
before the expiration date. the Company shall have no liability to you or any
third party in connection with the renewal, including, but not limited to, any
failure or errors in renewing the services.
b. You may be notified at the Company’s sole discretion when renewal fees are
due. Should these fees go unpaid within the time specified in a notice or
reminder regarding renewal, your registration will be cancelled. Payment must
be made by such other method as we indicate in the renewal form. If your
billing information is not accurate, you are solely responsible for the failure
to renew.
c. Autorenewal. You agree that if you paid for any services provided hereunder
by credit card or other payment service (such as PayPal), you hereby authorize
but do NOT obligate, the Company to automatically charge your credit card or
payment service account and renew the applicable service(s) on or before their
renewal date using the credit card or other acceptable payment information you
have provided to the Company, unless you notify the Company that you do not
wish to participate in the Company’s automatic renewal process. The Company
must receive notification of your intent to not renew (opt-out) no later than
sixteen (16) days prior to the renewal date. In the absence of such
notification from you, the Company will automatically renew, for a period of
one (1) or two (2) years, as set forth by the applicable registry depending on
the TLD or ccTLD of your domain name, any domain that is up for renewal and
will charge the credit card or payment service account you have on file with
the Company, at the Company’s then current rates. You are solely responsible
for the credit card or other payment information you provide to the Company and
must promptly inform the Company of any changes thereto (e.g., change of
expiration date or account number). If the credit card or payment service
account has expired or is otherwise invalid, you are solely responsible for a
failure to renew and the Company shall not be liable for your failure.
d. Expired domain names. You agree that we may place our contact information in
the WHOIS output for any expired domain name, as the failure to renew results
in the immediate cancellation of registration and loss of all rights to the
domain name. Should you choose not to renew your domain name, you agree that we
may, in our sole discretion, renew and transfer the domain name to a third
party on your behalf as an Expired Domain Transfer (“ED Transfer”).
e. New customers through domain auction or brokerage partners and/or ED
Transfers. If you are registering a domain name that was registered with, and
not yet deleted by, the Company at the time of your purchase, you acknowledge
and agree that the term of your registration will be for a period of one year
from the original expiration date for the domain name immediately prior to your
purchase, as the registration is the result of an ED Transfer (defined above).
You will not be compensated for the inability to use the domain from the time
it was expired until the time you are able to use the domain in your account.
NOTE: You may not transfer your domain name to another Registrar for sixty (60)
days from the date of any previous transfer.
9. Domain Dispute Resolution Policy
You agree to be bound by the appropriate domain dispute resolution policy
(“Dispute Policy”) applicable to the domain that you have selected, including
the Uniform Domain Name Dispute Resolution Policy, which can be found here. The
Dispute Policy has been developed by ICANN and/or the specific Registration
Administrator(s) and is incorporated by reference in this Registration
Agreement. Certain disputes are subject to the applicable Dispute Policy. In
the event such dispute arises, you agree that you will be subject to the
provisions specified in the applicable Dispute Policy in effect at the time
your domain registration is disputed by a third party. You further agree that,
in the event a domain dispute arises with any third party, you will indemnify
and hold the Company harmless pursuant to the terms and conditions contained in
the applicable Dispute Policy. The Dispute Policy may be modified at any time
by ICANN or the applicable Registry Administrator, and your continued use of
the domain registered to you after any such Dispute Policy modification shall
constitute your acceptance of the modified Dispute Policy and this Registration
Agreement. If you do not agree to any of such changes, you may request that
your domain registration be cancelled or transferred to a different domain
registrar. For the adjudication of disputes concerning or arising from use of
the second level domain (“SLD”) name, the SLD holder shall submit, without
prejudice to other potentially applicable jurisdictions, to the jurisdiction of
the courts (1) of the SLD holder’s domicile and (2) where registrar is located.
In addition, you agree to the rules of ICANN’s Uniform Rapid Suspension (“URS”)
and to submit to any proceedings commenced pursuant to the URS, if applicable.
10. Change of Registrant Of Domains
a. Change of Registrant. Effective December 1, 2016, for all gTLDs, any
material changes to a domain name registrant’s name, company, email address, or
to the administrative contact email address (if there is no registrant email
address) are subject to ICANN’s Transfer Policy (available athttps://www.icann.org/resources/pages/transfer-policy-2016-06-01-en
).
b. We are required to deny a change of registrant for any of the following
reasons:
§ the
domain name registration agreement has expired and the registrant no longer has
the right to renew the domain name or to transfer the domain name to another
registrar;
§ the
change of registrant was not properly authorized by the Prior Registrant and
the New Registrant; or
§ the
domain name is subject to a domain name dispute proceeding, including, but not
limited to, the following:
§
Uniform Domain-Name Dispute-Resolution Policy (UDRP) ( https://www.icann.org/resources/pages/help/dndr/udrp-en
);
§
Uniform Rapid Suspension (URS) ( https://www.icann.org/resources/pages/urs-2014-01-09-en
);
§
Registrar Transfer Dispute Resolution Policy ( https://www.icann.org/resources/pages/tdrp-2012-02-25-en
);or
§ a
court order.
§
Unless a change of registrant is otherwise prohibited, the Prior Registrant and
the New Registrant, or their Designated Agents, must confirm the change of
registrant within 60 days of the request.
§
Unless you opt out of the transfer lock when you request a change of registrant,
you may not transfer your domain registration to another domain registrar for
sixty (60) days following the change of registrant.
c. Designated Agent. You hereby explicitly authorize us to act as “Designated
Agent” to approve a change of registrant on behalf of the Prior Registrant and
the New Registrant, consistent with and pursuant to the requirements of ICANN’s
Transfer Policy .
d. Transfer of registration to another registrant. The entity or person named
as the “registrant” at the time the controlling user name and password are
secured shall be the registrant of the domain. You agree that prior to the
effectiveness of any transfer of ownership of your domain to another entity,
the Company reserves the right to enforce any amount published for the transfer
of ownership of a domain. You further agree that, as a condition of any such
transfer of ownership of the domain, the party to which you seek to transfer
your domain shall agree in writing (electronic acceptance is acceptable) to be
bound by the terms and conditions of this Registration Agreement. Your domain
will not be transferred until we receive such written assurances (or reasonable
assurance as determined by the Company in its sole discretion) and actual
payment of the transfer fee, if any is imposed. You acknowledge and agree that
if you attempt to transfer your domain registration without paying the Company
the amount published for the transfer of ownership of a domain, or if the
entity to which you seek to transfer your domain fails to agree in writing to
be bound by all terms and conditions of this Registration Agreement, any such
transfer will be null and void, and will result in your domain registration
being revoked without a refund of any charges you have incurred in attempting
to register or transfer that domain.
e. When changing the name of registrant within the Company, you agree that at
the Company’s discretion, the domain name may be changed back to the registrant
listed immediately prior to the change upon written (email is acceptable)
request within five (5) days (or such reasonable time as determined at the
Company’s discretion) by registrant that was listed immediately prior to change
or in the event of suspected fraud in connection with the change of the
registrant name as determined by the Company in its sole discretion.
f. Transfer of registration to or from another registrar. When transferring a
domain name into the Company as the new registrar of record and simultaneously
changing the name of registrant or subsequently changing the name of
registrant, you agree that the domain name may be re-transferred back to the
losing registrar upon written (email is acceptable) request by registrant that
was listed immediately prior to transfer or upon request by losing registrar or
in the event of suspected fraud in connection with the transfer as determined
by the Company in its sole discretion. At the time of transfer into the
Company, you must complete all required information requested through the
online transfer application, i.e., contact information, nameserver information,
etc. the Company may elect to accept or reject your domain name transfer
application for any reason at its sole discretion. You are not entitled to any
refund in relation to the domain name transferred to another registrar.
g. RESTRICTIONS ON REGISTRAR TRANSFERS. For generic top-level domains governed
by ICANN, you agree that you may not transfer your domain registration to
another domain registrar during the first sixty (60) days from the effective
date of your: (1) initial domain registration or (2) completion of a domain
transfer into the Company. If you choose to utilize our transfer lock service,
you agree to provide written authorization (electronic acceptance is
acceptable) to the Company for the transfer of the domain to another registrar
and agree to pay any and all fees that may be charged by the Company to effect
the transfer. You agree your request to transfer your domain to another
registrar may be denied pursuant to the Transfer Policy (available here ).
h. For country-code top-level domains, as established by each registry, you
agree that you may not transfer a domain to another registrar during the first
sixty (60) days of the initial registration or after expiration of the domain.
You agree your request to transfer your domain to another registrar may be
denied pursuant to the Transfer Policy (available here ).
11. Agents and Licensing
You agree that, if you are registering a domain and listing someone other than
yourself as the registrant, you represent and warrant that you have the
authority to bind the person or entity listed as registrant as a principal to
this Registration Agreement, including the applicable Dispute Policy. The name
listed as registrant of the domain or the appropriate officer of a listed
Organization (at the Company’s discretion) may individually choose to move the
domain into another account for full access to the domain, irrespective of
wishes of agent/account owner/other listed contacts on that particular domain
(e.g. admin, billing). Further, you agree that if you license the use of the
domain registered to you to a third party, you nonetheless remain the domain
holder of record, and remain responsible for strict compliance with this
Registration Agreement, including but not limited to payment obligations, and
providing (and updating, as necessary) accurate Registration Information and
Additional Registration Information. Further, you accept liability for any
actions of the licensee using the domain unless you promptly disclose the
current contact information provided to you by the licensee and the identity of
the licensee to any party providing reasonable evidence of actual harm.
12. Representations and Warranties
In the event that, in registering the domain, you are providing information
related to a third party, you hereby represent and warrant that you have (a)
provided notice to that third party of the disclosure and use of that party’s
information as set forth in this Registration Agreement, and (b) that you have
obtained that third party’s express consent to the disclosure and use of that
party’s information as set forth in this Registration Agreement. You further
represent that, to the best of your knowledge and belief, neither the
registration of the domain nor the manner in which it is directly or indirectly
used infringes the legal rights of a third party. You further represent and
warrant that all information provided by you in connection with your domain
registration is accurate.
13. Indemnification
a. Indemnification of the Company. You will indemnify, hold harmless, and
defend the Company and its subsidiary and parent entities, predecessors,
successors, affiliates, and assigns, the Registry Administrators, and all of
their respective current and former officers, directors, members, shareholders,
agents, and employees (the “Indemnified Parties”) from any and all Claims.
“Claim” means any action, cause of action, suit, proceeding, claim, or demand
of any third party (and all resulting judgments, bona fide settlements, penalties,
damages, losses, liabilities, costs, and expenses (including without limitation
reasonable attorneys’ fees and costs)), which arises out of: (a) your breach of
this Registration Agreement or any of the Company’s policies applicable to this
domain registration or related services, (b) the operation of your domain, (c)
any negligent act or omission by you, or (d) any third party claim, action, or
demand related to the registration or use of the domain registered in your name
(and this indemnification is in addition to any indemnification required under
the Dispute Policy). “Reasonable attorneys’ fees and costs” as used in this
Section 13 includes without limitation fees and costs incurred to interpret or
enforce this Section 13. the Company may, at its expense, employ separate
counsel to monitor and participate in the defense of any Claim. The Company
will provide you with reasonably prompt notice of any Claim.
b. Indemnification of ICANN and Registry Operators. You agree to indemnify,
defend, and hold harmless ICANN, Registry Operator(s) (including but not
limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA,
NeuLevel, Inc., and NeuStar, Inc.) and their respective subcontractors,
shareholders, directors, officers, employees, affiliates and agents from and
against any and all claims, damages, liabilities, costs and expenses, including
reasonable attorneys’ fees and costs and any other expenses arising out of or
related to your domain registration and any disputes regarding same. Some
Registry Operators may not allow this indemnification provision to apply, as
contained herein; in such cases, this provision is in effect to the full extent
permitted by law as applicable to such Registry Operator.
c. These indemnification obligations shall survive the termination or
expiration of this Registration Agreement.
14. Warranty Disclaimer; Limitation of Liability
a. Disclaimer of warranty. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS
REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, THE COMPANY
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION
OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO
YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY
DOMAIN REGISTERED TO YOU.
b. Limitation of liability. YOU AGREE THAT THE COMPANY AND THE INDEMNIFIED
PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT
BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN
REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR
OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF
BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS
INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS BY THE DOMAIN
REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE COMPANY’S OR ANY OF
SUCH INDEMNIFIED PARTIES’ REASONABLE CONTROL; (G) THE PROCESSING OF YOUR DOMAIN
APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I)
APPLICATION OF THE DISPUTE POLICY. THE COMPANY AND THE INDEMNIFIED PARTIES ALSO
WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE
COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S OR ANY OF SUCH INDEMNIFIED
PARTIES’ MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR
REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF
REGISTRATION.
15. Term and Termination
a. Term. The term of this Registration Agreement commences on the day you
accept this Registration Agreement to the day until the occurrence of any of
the following: (a) your domain registration is cancelled; (b) your domain is
transferred to a third party; or (c) your domain expires or is terminated (in accordance
with Section 15.c, below) (collectively, “Termination”). Your obligation to pay
any fees or other amounts under this Agreement which arose prior to expiration
or other termination of this Registration Agreement shall survive any such
expiration or termination.
b. Domain suspension, cancellation or transfer. You acknowledge and agree that
your domain registration is subject to suspension, cancellation or transfer
(cancellation or transfer collectively referred to as, “Cancellation”) (a) to
correct mistakes by the Company, another registrar, or a Registry Administrator
in administering the domain name or (b) for the resolution of disputes
concerning the domain pursuant to an ICANN policy or procedure. It is your
responsibility to verify if any domain is infringing anyone else’s rights,
prior to registration. If the domain name you have registered is found to be
infringing on another person’s rights, determined in the Company’s discretion,
the Company has the right to cancel your registration immediately. If you are
in willful violation of our agreement, you will not be entitled to any refund.
You also agree that the Company shall have the right in its sole discretion to
suspend, cancel, transfer or otherwise modify a domain registration upon up to
seven (7) calendar days prior notice or after such time as the Company receives
a properly authenticated order from a court of competent jurisdiction, or
arbitration award, requiring the suspension, cancellation, transfer or
modification of the domain registration.
c. Termination. The Company reserves the right to suspend, cancel, transfer or
modify your domain registration if: (a) you materially breach this Registration
Agreement (including the Dispute Policy) and do not cure such breach within ten
(10) days of notice by the Company; (b) you use the domain to send unsolicited
email, in violation of this Registration Agreement or applicable laws; (c) you
use your domain in connection with unlawful activity; or (d) you otherwise
violate this Registration Agreement as determined by the Company in its sole
discretion. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH
THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.
d. Survival. The following provisions will survive Termination or Cancellation
of this Registration Agreement: Sections 2, 9, 12, 13, 14, 15 and 16.
16. Additional Terms
a. Personal Data. The Company incorporates its Privacy Policy by reference.
Please read our Privacy Policy by clicking here . In addition, you hereby
represent that you have provided the Company’s Privacy Policy to any person
whose personal data you disclose to the Company and that you have obtained
their consent to the foregoing.
b. Governing law; jurisdiction. Except as otherwise set forth in the Dispute
Policy with respect to disputes, this Registration Agreement, your rights and
obligations and all actions contemplated by this Registration Agreement shall
be governed by as follows. Unless you are in India, any controversy or claim
arising out of or relating to this Agreement, the formation of this Agreement
or the breach of this Agreement, including any claim based upon an alleged
tort, shall be governed by the substantive laws of the Commonwealth of
Massachusetts. If you are in India, any controversy or claim arising out of or
relating to this Agreement, the formation of this Agreement or the breach of
this Agreement, including any claim based upon an alleged tort, shall be
governed by the substantive laws of the Republic of India.
Notwithstanding the foregoing, the United Nations Convention on Contracts for
the International Sale of Goods does not apply to this Agreement.
1.
c. Arbitration. Your use of the Services is also governed by the following:
Unless you are in India, you also hereby agree to the Company’s Arbitration
Agreement, which is incorporated into this Agreement by reference and can be
found here.
Alternatively, if you are in India, the following provision applies to you:
All disputes, controversies and differences arising out of or relating to this
Agreement, including a dispute relating to the validity or existence of this
Agreement (“Dispute”) shall be referred to and resolved by arbitration in
Mumbai, India under the provisions of the Arbitration and Conciliation Act,
1996; provided that, to the extent a party may suffer immediate and irreparable
harm for which monetary damages would not be an adequate remedy as a result of
the other party’s breach or threatened breach of any obligation hereunder, such
party may seek equitable relief, including an injunction, from a court of
competent jurisdiction, which shall not be subject to this Section. The
arbitration tribunal shall consist of one (1) arbitrator jointly appointed by
the parties within fifteen (15) days from the date of first recommendation for
an arbitrator in written form for a party to the other. If the parties fail to
agree on appointment of such arbitrator, then the arbitrator shall be appointed
as per the provisions of Arbitration and Conciliation Act, 1996. The language
of the arbitration shall be English. As part of the terms of the appointment of
the arbitrator(s), the arbitrator(s) shall be required to produce a final and
binding award or awards within six (6) months of the appointment of the sole
arbitrator (jointly appointed by the parties). Parties shall use their best
efforts to assist the arbitrator(s) to achieve this objective, and the parties
agree that this six (6) month period shall only be extended in exceptional
circumstances, which are to be determined by the arbitrator(s) in its absolute
discretion. The arbitral award passed by the arbitrator shall be final and
binding on the parties and shall be enforceable in accordance with its terms.
The arbitrator shall state reasons for its findings in writing. The parties
agree to be bound thereby and to act accordingly. All costs of the arbitration
shall be borne equally by the parties.
1.
d. Notices. You agree that any notices required to be given under this
Registration Agreement by the Company to you will be deemed to have been given
if delivered in accordance with the contact information you have provided.
e. Relationship. The Company and you are independent contractors and nothing
contained in this Registration Agreement places the Company and you in the
relationship of principal and agent, partners or joint venturers. Neither party
has, expressly or by implication, or may represent itself as having, any
authority to make contracts or enter into any agreements in the name of the
other party, or to obligate or bind the other party in any manner whatsoever.
f. Waiver. No failure or delay by any party hereto to exercise any right or
remedy hereunder shall operate as a waiver thereof, nor shall any single or
partial exercise of any right or remedy by any party preclude any other or
further exercise thereof or the exercise of any other right or remedy. No
express waiver or assent by any party hereto to any breach of or default in any
term or condition of this Registration Agreement shall constitute a waiver of
or an assent to any succeeding breach of or default in the same or any other
term or condition hereof.
g. Severability. If any provision or portion of any provision of this
Registration Agreement shall be held to be illegal, invalid or unenforceable by
a court of competent jurisdiction, it is the intention of the parties that the
remaining provisions or portions thereof shall constitute their agreement with
respect to the subject matter hereof, and all such remaining provisions or
portions thereof shall remain in full force and effect.
h. Assignment. You may not assign or transfer this Registration Agreement or
any of your rights or obligations hereunder, without the prior written consent
of the Company and/or without using the Company’s domain transfer process in
compliance with ICANN’s policies. Any attempted assignment in violation of the
foregoing provision shall be null and void and of no force or effect
whatsoever. The Company may assign its rights and obligations under this
Registration Agreement, and may engage subcontractors or agents in performing
its duties and exercising its rights hereunder, without your consent. This
Registration Agreement shall be binding upon and shall inure to the benefit of
the parties hereto and their respective successors and permitted assigns. You
agree that the Company may transfer your domain name from one accredited
registrar to another accredited registrar without requiring your consent, to
the extent not prohibited by ICANN or applicable registry rules or by
applicable law.
i. Intellectual property. Except for your Content (as defined above), all
content available through the Services, including designs, text, graphics,
images, video, information, software, audio and other files, and their
selection and arrangement, and all software used to provide the Services
(collectively, “Company Content”), are the proprietary property of the Company.
No Company Content may be modified, copied, distributed, framed, reproduced,
republished, downloaded, scraped, displayed, posted, transmitted, sold or
exploited for any purposes in any form or by any means, in whole or in part,
other than as expressly permitted in this Registration Agreement. You may not,
directly or indirectly, reverse engineer, decompile, disassemble or otherwise
attempt to derive source code or other trade secrets from any Company Content.
Any use of the Company Content other than as specifically authorized herein is
prohibited and will automatically terminate your rights with respect to use of
the services and the Company Content granted herein. All rights of the Company
or its licensors that are not expressly granted in this Registration Agreement
are reserved to the Company and its licensors.
j. Entire agreement. This Registration Agreement, and the attachments and
documents referenced herein, including but not limited to the applicable
Dispute Policy (as modified from time to time), constitute the complete and
exclusive agreement between you and the Company, and supersede and govern all
prior proposals, agreements, or other communications with respect to the
subject matter hereof.