Terms of Service

The Usage Agreement

NOTE: NOTE: On 03/03/2023, we updated our The Usage Agreement to handle new restrictions linked to cPanel account utilization, and (ii) provide a precise timeline for when 99CludTech will cancel accounts that are suspended or deactivated.

The terms and conditions laid forth in these 99CludTech Terms of Service (the “Agreement”) govern your use of 99CludTech Services. This Agreement describes I what is permitted when using our Services; (ii) your rights as a user of our Services; (iii) 99CludTech’s rights if you do something prohibited when using our Services; and (iv) many other essential terms. This Agreement is a formal contract between you and 99CludTech, so please read it attentively. If there is anything in this Agreement that you do not comprehend, please contact us.

Summary and Quick Links

Eligibility, Registration and Account Security  This part explains the eligibility requirements we have for all of our customers. When you subscribe to use our Services (as described below), we need to ensure that you are lawfully capable of entering into a contract with 99CludTech. HIPAA Disclaimer 99CludTech Services do not conform with the Health Insurance Portability and Accountability Act (“HIPAA”) of the United States. This part goes into greater depth about our HIPAA policy. Subscriber’s Responsibilities All Subscribers are expected to follow relevant laws and have certain responsibilities when using 99CludTech Services. For example, you must maintain a copy of your data, delete any malware from your account as soon as possible, collaborate with 99CludTech, and use hardware and software that is functional with the Services. Payment 99CludTech provides a wide variety of Services to meet everyone’s requirements at affordable rates. The costs you pay are determined by the plan you select as well as any add-on goods you buy. All payments are made in advance for the entire duration of your contract. Term and Automatic Renewal 99CludTech Services will automatically repeat on your renewal date to guarantee continuous service. This section goes into greater depth about the procedure. Termination and Non-Payment 99CludTech provides hosting options for a set amount of time that you specify when you make your purchase (e.g., 1 year, 2 years, etc.). Even though we don’t want you to, we understand that you may want to quit 99CludTech at some point. You can find directions for cancelling or disabling automated renewal here. here. Refund Policy The 30-Day Money-Back Assurance is described in this part. If you buy a thirty (30) day money-back guarantee account and terminate within the first thirty (30) days of your contract, you may be eligible for a complete reimbursement of all basic hosting costs paid. Resource Usage Users are expected to use computer resources efficiently and responsibly. A customer’s excessive use of server CPU and RAM resources can disrupt or prohibit regular service efficiency for other customers. More information about our Processor, bandwidth, and disc usage policies can be found here. Governing Law and Arbitration The governing law and jurisdiction provision as set forth in Section 26(a) shall apply to all Subscribers. For Subscribers who purchased or signed up for 99CludTech Services after April 1, 2017, the arbitration clause in Section 26(b) shall also apply. This Agreement is a contract between you and 99CludTech Inc. (“us,” “we,” “99CludTech,” or the “Business”) (“Subscriber” or “you” and “your”). This Agreement establishes the basic terms and conditions for your use of 99CludTech’s products and services, as well as the 99CludTech website (collectively, the “Services”). You agree to be bound by this Agreement by using the Services. Please attentively peruse this Agreement. We reserve the right, at our sole discretion, to alter or amend this Agreement at any moment. We will publish a notification of any major changes to this Agreement on the 99CludTech website for at least thirty (30) days after the changes are posted, and we will show the date these terms were last amended at the bottom of this Agreement. Any changes or revisions to this Agreement will take effect and be binding on you as of the date specified in a notice placed on this website. If no date is stated, your continued use of the Services following such changes or revisions constitutes your acceptance of the Agreement as modified. If you do not consent to the terms of this Agreement, you are not allowed to use or access the Services, and your only option is to close your account.

1. Policies. The following policies and agreements govern the use of the Services and are incorporated by reference. In addition to agreeing to the terms of the following policies and agreements by using the Services, if applicable, you are also consenting to the following policies and agreements. Certain Services may be subject to additional terms, which will be made available to you and incorporated by reference into such Services.
   1. Acceptable Use Policy
   2. Domain Name Dispute Policy
   3. Copyright Claims Policy
   4. Data Request Policy
   5. Anti Spam Policy
   6. Ownership Dispute/Change Policy
   7. Domain Registration Agreement

2. Eligibility; Registration and Account Security.

   1. The Services are restricted to persons who are at least eighteen (18) years old. Registration, use, or access to the Services by anyone under the age of eighteen (18) is prohibited and a violation of this Agreement. By registering for or using the Services, you affirm and represent that you are at least eighteen (18) years old.
   2. If you use the Services on behalf of another party, company, or organization, you represent and warrant that you have the authority to bind that party, company, or organization to this Agreement and to act on its behalf with regard to any actions you take in connection with the Services.
   3. You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to 99CludTech, to keep such information accurate, current and complete; and (iv) be fully responsible for all activities that occur under your account or password.
   4. You acknowledge and agree that despite the security measures 99CludTech employs in connection with the Services, 99CludTech’s system and/or Subscriber Websites (as defined below) may still be compromised, including, but not limited to, by hackers, Internet viruses, worms, Trojan horses, or other similar threats. In such cases, 99CludTech may take corrective action as it deems appropriate in its sole discretion, and you acknowledge and agree that 99CludTech shall have no liability to you for any damages or losses you may incur as a result of such corrective action. You also acknowledge and agree that you are solely responsible for creating backups of all Subscriber Content and Subscriber Websites.
   5. Dedicated Servers. 99CludTech reserves the right to reset the password on a dedicated server if the password on file is not current, so that our system operations and security teams may conduct security audits as required. You are responsible for ensuring that a valid email address and current root password are on file for your dedicated server to avoid disruptions caused by forced password resets. 99CludTech reserves the right to perform server audits and administrative tasks upon request from our teams. We DO NOT back up dedicated servers. You are responsible for maintaining backups.
3. HIPAA Disclaimer. The Services do not conform to the Health Insurance Portability and Accountability Act (HIPAA) of the United States. You are solely responsible for adhering to all laws governing the privacy and security of personal data, such as medical or other sensitive data. You acknowledge that the Services are not suitable for storing or controlling access to sensitive data, such as information about minors or medical or health records. 99CludTech does not control or monitor the information or data that you store on the Services or transmit through them. We expressly disclaim any representation or warranty that the offered Services conform to HIPAA. The Service may not be used for the storage of “Protected Health Information” as defined by HIPAA. Storing and allowing access to “Protected Health Information” constitutes a material breach of this Agreement and immediate account termination. 99CludTech does not sign “Business Associate Agreements,” and you agree that 99CludTech is not your HIPAA-compliant Business Associate, subcontractor, or agent. Please contact us by phone or chat if you have any queries regarding the security of your data.
4. Prohibited Persons (Countries, Regions, 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 re-export software or technical data in violation of US trade laws, or to enable the export or re-export of such software or technical data. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea, the Donetsk People’s Republic, or the Luhansk People’s Republic regions 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. 99CludTech also does not register and prohibits the use of any of our Services in conjunction with, any nation-Code Top Level Domain Name (“ccTLD”) for any nation or territory that is the subject of OFAC sanctions, unless otherwise given with specific written approval. This section’s responsibilities will outlast any end or expiration of this Agreement or your use of the Services.
5. 99CludTech Content Except for Subscriber 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, “99CludTech Content”), are the property of 99CludTech or its licensors. No 99CludTech Content may 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 99CludTech Content. Any use of the 99CludTech Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the 99CludTech Content granted herein. All rights of 99CludTech or its licensors that are not expressly granted in this Agreement are reserved to 99CludTech and its licensors.
6. Subscriber Content.
   1. On or through the Services, you might be able to post, keep, publicize, share, and disseminate data, text, images, videos, emails, and other material (collectively “Subscriber Content”). Any material posted by you or users of any of your websites housed through the Services (referred to as “Subscriber Websites”) is referred to as Subscriber material. All Subscriber Content, as well as any purchases or other actions taken on or through Subscriber Websites, are entirely your responsibility. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to 99CludTech that (i) you have all necessary rights to post or distribute such Subscriber Content, and (ii) your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party
   2. You acknowledge and agree that 99CludTech may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in 99CludTech’s sole discretion, including without limitation removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that 99CludTech shall have no liability due to any corrective action that 99CludTech may take, including without limitation suspension or termination of Services.
   3. You hereby grant to 99CludTech, to the extent necessary to provide the Services, 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 Subscriber Content and the Subscriber Website; and (ii) make archival or back-up copies of the Subscriber Content and the Subscriber Website. 99CludTech is not gaining any right, title, or interest in or to the Subscriber Content; all of which shall stay exclusively with you, with the exception of the rights explicitly given above.
7. Payment Card Industry Security Standard Disclaimer. 99CludTech collects and processes your data and payment information in accordance with the Payment Card Industry Security Standard (the “PCI Standard”). The protection of the data and payment information you gather on your Subscriber Website, however, is entirely your responsibility. We are unable to confirm whether your subscriber website conforms with the PCI Standard because 99CludTech does not watch subscriber websites for compliance.
8. Compliance with Applicable Law. You commit to follow all relevant laws, rules, and regulations, including without restriction all local rules where you live or your company is situated, regarding User Content, User Websites, online activities, correspondence, and your use of the Services. More specifically, but without restriction, you commit to comply with all relevant laws regarding the transmission of technical data exported to or from the United States or the nation in which you live. We manage and run the Services from our offices in the United States (though we may share data with third parties around the globe to help us in providing the Services, as further detailed in our Terms and Conditions). Privacy Notice and we give no assurance that the Services are suitable or readily accessible for use in other places. Anyone using the Services from another location does so at their own risk and responsibility, and they are entirely liable for adhering to all local regulations in that location. Where forbidden by legislation, we don’t provide the Services. For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. Additionally, you recognize and concur that you are accountable for upholding all legal requirements placed on data controllers. (including the GDPR).To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The specified extra conditions for data processing here will be applicable if you are a Controller covered by the GDPR.
9. Additional User Responsibilities.
   1. All actions taken on or through a Subscriber Website, including any purchases or communications with its end users, will be entirely your responsibility. Any necessary disclosure or explanation of the various aspects of the Subscriber Website and any products or services made available there, as well as any conditions of use or privacy notice for the Subscriber Website, shall be provided to such end users exclusively by you.
   2. You will work closely with 99CludTech to ensure that the Services are provided by 99CludTech. Any hardware or software that may be required for you to use the Services must be provided entirely by you. The time for 99CludTech to complete its responsibilities that are dependent on your performance will be extended if you are late in fulfilling your obligations under this Agreement.
   3. You will be solely responsible for ensuring that all Subscriber Content and Subscriber Websites are interoperable with the hardware and software used by 99CludTech to provide the Services, which hardware and software may be changed by 99CludTech at any time in its sole discretion.
   4. All Subscriber Content, including any Subscriber Websites off of 99CludTech’s computers, shall be your entire responsibility. This is a positive obligation. 99CludTech disclaims all liability for any subscriber content that is lost. Even if a user buys or has products like Site Backup and Restore, it is crucial that subscribers restore their data offline.
   5. You will exert all reasonable efforts to ensure that the Subscriber Content is clear of all computer viruses, worms, Trojan horses, and other harmful code, and that it will always stay so.
   6. According to 99CludTech’s sole discretion, you won’t use the Services in any way that:
      1. Engages in or encourages illegal activity;
      2. Engages in or encourages conduct that is offensive, harassing, abusive, or otherwise unacceptable;
      3. Violates any third party’s intellectual property or other private rights;
      4. Violatesany third party’s private or media rights;
      5. Interferes with the Services’ ability to operate; or
      6. Violates the conditions of this Agreement or any policies or deals that are included herein by reference, or both.
10. Third Party Websites. The Services may also include articles, photos, texts, images, pictures, designs, sounds, video, information, and other material or items pertaining to or coming from third parties (“Third Party Sites”), which are not under the authority of 99CludTech. (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. You do so at your own risk and our terms and policies do not apply if you choose to visit Third Party Sites or access or use any Third Party Content. You should carefully read all relevant conditions and policies, including those pertaining to privacy and data collection, before using any website.
11. Payment.
    1. Fees Due.  All fees for the Services listed on the registration document given to you when you place your purchase must be paid to 99CludTech. Except where otherwise specified in this document, all payments are non-refundable once paid.
    2. Pricing. Occasionally, 99CludTech may adjust our rates. 99CludTech may increase the fees for the Services (i) as permitted in the applicable Service description published on the 99CludTech website or in a promotional offer (collectively, the “Service Description”), and (ii) at any time on or after the expiration of the Initial Term by providing at least thirty (30) days prior written notice to you. Written notice may be given in the following ways: (i) notices and updates sent via the Subscriber invoicing utility included with the Services; (ii) other notices and updates sent via the Services; or (iii) email price alerts for renewal periods. You are solely responsible for regularly reviewing all billing-related information that 99CludTech provides through the Subscriber invoicing tool or through other forms of correspondence and notifications sent or posted by 99CludTech.
    3. Taxes. Any relevant sales, use, income, excise, or other taxes levied by any taxing body with regard to the Services given hereinafter are not included in the promoted rates. All such duties could be listed separately on 99CludTech’s invoices for the costs, and you would be responsible for paying them.
    4. Add-On Services. You might need to attach the Service to a particular domain name in order to use it if you buy specific add-on services from 99CludTech like Domain Privacy, SSL certificates, or security services. You are not obligated to add an add-on to a domain name, and 99CludTech will not issue returns for any services you buy but do not use.
    5. Disputes. You have 90 days to contest any claim or payment that 99CludTech handled. Call us at 888-401-4678 if you have any questions about a bill that you feel is unfair. If you start a chargeback, we retain the right to deactivate your account for the length of the claim and there may be a minimal fee of $25.00 plus relevant taxes to restore your account. It may be necessary to deactivate hosting accounts with active disputes for security reasons.
    6. Fraud. Any unauthorized or illegal use of credit cards, charge cards, electronic money transfers, and/or electronic checks is a breach of this Agreement. All such abuses and illegal uses may be reported to the relevant governmental and law enforcement agencies, credit reporting agencies, financial institutions, and credit card companies (as decided by us in our full judgment).
    7. Foreign Currencies.For payments made internationally, exchange rate changes are continuous and inevitable. The conversion rate that prevailed on the return date will be reflected in all rebates, which are all handled in U.S. dollars.99CludTech is not liable for any changes in exchange rates that occur between the time of payment and the time of reimbursement; all refunds are subject to this volatility.
12. Term and Automatic Renewal.
    1. Initial Term.The services you buy will have an initial term that corresponds to the duration specified in the enrollment form that is provided to you at the time of purchase (the “Initial Term”).
    2. Automatic Renewal.After the Initial Term expires, the Services will automatically renew for consecutive terms that are equal in duration to the Initial Term (each a “Renewal Term”) unless you terminate the Services or deactivate the automatic renewal option as described in subsection d below. The “Term” refers to both the initial term and any renewal terms taken together. No later than thirty (30) days before the payment date for each Renewal Term, 99CludTech shall notify the Subscriber of the impending charge for each renewal for Services with Term durations of three (3) months or longer. Payment is due fifteen (15) days previous to the conclusion of the then-current Term for services with terms of three (3) months or longer. For accounts with a one-month term, the payment date automatically occurs twenty-four (24) hours before the subscriber’s services expire.
    3. If you do not want the Services to renew automatically, you must choose not to do so at least sixteen (16) calendar days prior to the end of the Term for which you are currently paying. If not, the payment method on file will be charged as stated above. Described in paragraph (d) below is how to turn off automated renewal. Please review Section 13 before terminating the Services if you desire.
    4. Disabling automatic renewal option.
       1. Removing the choice for automated renewal of the most fundamental hosting services. Through the Account tab in your hosting account’s web control panel, you can remove the automatic renewal choice at any moment.99CludTech cPanel account. Additional instructions can be found here. All User Content will be forever deleted from the computer if the user ends. A copy of all User Content should be created before autorenewal is turned off. Other goods and services on the Account, like domain names or Domain Privacy, will continue to auto-renew as long as your Account is operational.
       2. Disabling automatic renewal option for domain names or Domain Privacy. Through the Domain tab in your web account, you can always turn off the automatic renewal choice for domain names and Domain Privacy.99CludTech cPanel account. Additional instructions can be found here.
       3. Disabling automatic renewal option for SSL certificates. You can always use the Addons menu in your browser to deactivate the automated renewal choice for SSL certificates.99CludTech cPanel account. Additional instructions can be found here.
       4. For other add-on services listed here, please contact 99CludTech by phone or online chat for assistance.
13. Termination and Non-Payment.
    1. Failure to Pay. We reserve the right to stop or cancel your Services and seek any collection costs paid by 99CludTech, including without restriction any arbitration and litigation expenses as well as 99CludTech’s reasonable lawyers’ fees, if you fail to pay the fees owed for the Services. 99CludTech reserves the right to charge a minimal processing fee of $25.00 plus any relevant fees in the event that any check is returned due to insufficient funds. Accounts won’t be enabled again until all unpaid balances are cleared. Any erased or lost Subscriber Content as a consequence of any halt or end of the Services is not our responsibility.
       1. Dedicated servers: We do not immediately restart the dedicated servers if you make a late payment. Talk with the accounting division of 99CludTech about your choices for reactivating the dedicated server.
    2. Termination Procedure. Anytime during the Term, you may cancel the Services you bought by providing 99CludTech notification by phone at (888) 401-4678 or through online chat. The account cancellation request is subject to possession of the domain and/or account being confirmed, as decided in 99CludTech’s full judgment. If such a cancellation occurs, you will be responsible for paying all fees and charges that have accumulated up until the termination’s effective date, subject to the conditions of the thirty (30) day money-back promise, if applicable. All Subscriber Content will be forever deleted from the website after the account is cancelled. Before contacting 99CludTech to deactivate your account, please create a copy of all Subscriber Content.
    3. Termination by 99CludTech. 99CludTech may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to 99CludTech; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm 99CludTech or others, cause 99CludTech or others to incur liability, or disrupt 99CludTech’s business operations (as determined by 99CludTech in its sole discretion); (iv) you are abusive toward 99CludTech’s staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In this case, 99CludTech will not reimburse you for any fees made in advance of the termination; instead, you will be responsible for paying all fees and charges that have accumulated up until the termination’s effective date.
    4. Modification of Services. Any element of the Services may be modified, altered, or discontinued at any moment by 99CludTech.
    5. Data Deletion.
       1. Shared Hosting Accounts. Subscriber Content, Subscriber Websites, and other data will be erased upon any cessation of the Services. All Subscriber Content, Subscriber Websites, and other data must be kept in duplicate versions at all times, and you are entirely accountable for this. 99CludTech disclaims all liability for any subscriber content that is lost. Even if subscribers buy or have goods like Site Backup and Restore, it is still imperative that subscribers back up their files offline.
       2. VPS and Dedicated Accounts.In the event that the VPS or Dedicated Hosting services are terminated for any cause, access to your cPanel account will be blocked for roughly seven (7) days and you won’t be able to access it. The site will be shut down for about thirteen (13) days if the account isn’t renewed eight (8) days after it expires. All data on dedicated servers that have unpaid bills on file for more than twenty-one (21) days may be lost when the server is recovered. 99CludTech disclaims liability for any data loss brought on by such erasure.
       3. 9Any account that has been banned or inactive for thirty (30) days is subject to termination by 9CludTech, which will result in the deletion of all data associated with the account.
14. Refund Policy.
    1. 30 Day Money-Back Guarantee
       1. The “Money-back Guarantee Refund” is available if you withdraw within the first thirty (30) days of the Initial Term if you buy an account with a thirty (30) day money-back guarantee. (the “Money-back Guarantee Period”). Please get in touch with our accounting staff by contacting 888-401-4678 or utilizing our web Live Chat service to obtain a Money-back Guarantee Refund. The Money-back Guarantee Refund will only become owing to you once you have complied with the terms and conditions of this Section 14 in all regards. Money-back Guarantee Only hosting services and a few add-on goods or services are eligible for refunds. The money-back guarantee does not cover monthly-term services, name registration costs, setup costs, or any other expenses for extra services.
15. 99CludTech as Reseller or Licensor.
    1. Third Party Services. 99CludTech is a distributor or licensee of a number of third-party goods and services (referred to as “Third Party Services” generally), including those offered for sale on the 99CludTech Marketplace. (the “Marketplace”). The terms and conditions of the relevant third party will usually apply to your acquisition and use of Third Party Services. There is a catalog of specific third parties available here. 99CludTech disclaims all liability for any modifications to the Services that render any Third Party Services inoperable, necessitate their modification or adjustment, or otherwise impair their functionality. It will not be considered a breach of 99CludTech’s duties under this Agreement if any Third Party Services that were sold, leased, or given to you by 99CludTech malfunction or have manufacturer’s defects and are used in conjunction with the Services. Your legal options regarding the possession, licensing, functionality, or conformance of any Third Party Services are restricted to those granted to you by the company that created them. Unless otherwise explicitly stated, you are only allowed to use the Third Party Services given by 99CludTech in connection with your legal use of the Services.
    2. Themes and Plugins. The following extra conditions will apply to your transaction if the Third Party Services you buy include a website theme or plugin. Through the Marketplace, third parties can post, disseminate, and sell goods like website themes and tools. (each referred to as a “Seller”). You do not acquire possession or any other exclusive stake in any theme or plugin that you buy and/or download from the Marketplace. You are additionally bound by the GNU General Public License, version 2.0 or later, if you buy a theme or module. (“GPL”). You can view the GPL’s conditions online.here.
    3. Seller Support. 99CludTech is not liable for any Seller’s inability to support any theme or component. Seller shall provide basic email-based assistance of the theme or plugin for the purpose of aiding with basic inquiries regarding their use, as well as access to any patches, problem fixes, or new releases of a product for the purpose of correcting any mistakes or flaws at no extra charge. You are entitled to such assistance for one (1) year from the date of acquisition.
16. Internet Protocol (IP) Address Ownership. If 99CludTech gives you an Internet Protocol (“IP”) address, you are not allowed to use it for any purpose other than those that 99CludTech specifically authorizes in conjunction with the Services during the Term. All IP addresses that 99CludTech assigns to you remain its property, and 99CludTech retains the right to modify or eliminate any and all such IP addresses at any time and for any reason.
17. Resource Usage.
    1. Shared Hosting
       1. Acceptable Use Policy. Hosting space is intended for use in accordance with 99CludTech’s Acceptable Use Policy, and is only for Web files, live email, and the content of the hosted Subscriber Websites; it is not for storing. (whether of media, e-mails, or other data). Furthermore, using hosting room for email, FTP hosts, or electronic file storage abroad is not permitted. In case you violate this Agreement or the Acceptable Use Policy, 99CludTech explicitly retains the right to examine each user account for excessive CPU, bandwidth, storage space, and other resource utilization. For those Subscriber accounts that are discovered to be in contravention of 99CludTech rules, 99CludTech reserves the right to end access to the Services, impose extra fees, or remove/delete Subscriber Content. By signing this agreement, you acknowledge that 99CludTech will not be held liable for any actions it may take, including but not limited to suspending or terminating Services due to your breach of this provision.
       2. Unlimited Hosting Space; Excessive Server Resources. The quantity of disk space that a subscriber may use for the subscriber’s website is not capped by 99CludTech, and no usage-based costs are assessed. However, usage of 99CludTech tools must be appropriate for a shared server setting and otherwise adhere to the terms of this Agreement. The functionality of the website may be negatively impacted by accounts with a high inode count (more than 200,000 files). Similar to this, accounts with an excessive number of database tables (more than 5000) or large databases (more than 10GB total database utilization or 5GB in a single database) have a detrimental impact on the server’s efficiency. If the Subscriber goes over these limits, 99CludTech may ask that the Subscriber decrease the number of files/inodes, database tables, or overall database utilization in order to maintain the quality of the service. For excessive resource use that impairs computer functionality or the Services, 99CludTech retains the right to end a Subscriber account, with or without warning.
       3. Unlimited File Transfer. 99CludTech does not set arbitrary limits on the amount of visitor traffic Subscriber Websites can receive or on the amount of content a Subscriber can upload to Subscriber Websites in any given month, nor does 99CludTech charge additional fees based on the increased use of bandwidth, as long as the Subscriber’s use of the Services complies with this Agreement. Most of the time, Subscriber Websites can handle the amount of traffic that the Subscriber can lawfully obtain. To avoid having a detrimental effect on other Subscribers, 99CludTech retains the right to restrict processing time, bandwidth, processes, or memory.
    2. Virtual Private Servers (VPS) and Dedicated Servers Usage. 
       1. Resource Usage. Dedicated and VPS usage is constrained by the resources allotted to the particular package that you bought.
       2. Backup. All Subscriber Content, including any Subscriber Websites, must be backed up by each Subscriber individually. 99CludTech disclaims all liability for any subscriber content that is lost.
       3. Subscriber Super-user Access. The Subscriber understands that any changes made with super-user access are entirely their responsibility, and that 99CludTech might not be able to undo any changes or retrieve any lost or injured data. The degree of assistance provided by 99CludTech to Subscribers who have access to super-user rights will be restricted to the following:
          1. Reinstalling corrupted components, such as files from the management interface or a web server;
          2. At the subscriber’s request, the basic operating system and core file picture are reinstalled. Subscriber recognizes and agrees that the installation of a new image will result in the total and irrevocable destruction of all data on the server. Any data lost as a consequence of this move is not the responsibility of 99CludTech;
          3. File restoration from accessible copies upon subscriber request. The backup data will be entirely restored during this repair; 99CludTech doesn’t provide services for file-by-file repair;
          4. 99CludTech will not attempt any configuration or setup of DNS, firewalls, web server, etc.; and
          5. Upon the Subscriber’s request, 99CludTech will try rudimentary diagnostics. 99CludTech does not provide in-depth hand analysis as part of the Service. Subscribers may call 99CludTech Professional Services to ask about extra support options.
    3. Virtual Private Servers (VPS), Dedicated Servers, and Shared Reseller.
       1. cPanel Accounts.
          1. In its sole judgment, 99CludTech retains the right to impose a cap on the number of cPanel accounts and/or to cancel any excessively large number of cPanel accounts.
          2. Customers who use more cPanel accounts than allowed by 99CludTech may be charged for those extra accounts.
18. Marketing Credits. Some hosting packages from 99CludTech include complimentary marketing rewards from outside suppliers that can only be used by customers in the United States. Additional circumstances also apply: You can find the complete Google Ads terms and conditions here.
19. Parked Domain Services. By signing up for the Services, you consent that 99CludTech may use your domain name or DNS to direct visitors to one of their websites (the “Parked Pages”) as a default home page and to run advertisements on your website. With regard to the marketing of your Parked Pages, you will not be entitled to any payment or remuneration of any kind. You have the option to opt out of having Parked Pages displayed on your website by 99CludTech. You can choose not to use Parked Pages by altering the default.html file saved on your account or by changing the DNS for the domain name to refer to a different provider.
20. Reseller Program.
    1. A subscriber who joins a 99CludTech reseller program (a “Reseller”), including VPS and dedicated hosting users who use their accounts to offer reseller services, is also subject to the following terms and conditions in addition to those listed in this Agreement:
       1. shall ensure that each Subscriber signed up by the Reseller complies with the terms and conditions of this Agreement.
       2. Reseller cannot make any modifications to this Agreement. Any such alterations shall be deemed a violation of this Agreement and could result in the cancellation of Reseller’s accounts. 99CludTech is not responsible for any modifications made to this Agreement by Reseller.
       3. In the event that a Subscriber signed up by a Reseller is determined to be in violation of this Agreement, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with this Agreement. In addition, 99CludTech, in its sole discretion, reserves the right to take action directly if Reseller fails to do so.
       4. 99CludTech is not responsible for the acts or omissions of Resellers. The Reseller hereby agrees to indemnify 99CludTech from and against any and all claims made by any Subscriber or third party arising from the Reseller’s acts or omissions.
       5. 99CludTech reserves the right to revise its Reseller Program at any time. Changes will take effect when posted online or on any date as set forth in a notice provided by us.
       6. Resellers assume all responsibility for billing and technical support for each of the Subscribers signed up by the Reseller. 99CludTech reserves the right to refuse inquiries made to customer support from Subscribers signed up by a Reseller.
21. Technical Support Services.
    1. Except as described otherwise stated below, 99CludTech will provide technical support via chat and phone for the Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing 99CludTech’s Technical Support Services, you grant 99CludTech permission to access your account, if necessary, to resolve your issue. You agree that 99CludTech and its agents and employees are not liable for any damage resulting from the provision of customer support.
    2. Ineligibility for Technical Support Services. 99CludTech will not provide Technical Support Services if: (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of 99CludTech’s control, or (ii) your failure or refusal to implement changes recommended by 99CludTech; or (c) you are abusive toward our staff in any manner.
    3. VPS and Dedicated Servers. 99CludTech will provide a default operating system installation on the dedicated server hardware that permits super-user server access to our support staff. Subscriber agrees and acknowledges that if Subscriber alters or removes this server access, 99CludTech’s ability to provide technical support to the Subscriber may be severely limited.
22. Disclaimer. You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that 99CludTech exercises no control over, and accepts no responsibility for, the content of the information passing through 99CludTech’s host computers, network hubs and points of presence or the Internet.
23. Limited Warranty. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” 99CludTech AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “99CludTech PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE 99CludTech PARTIES 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 99CludTech PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY 99CludTech OR 99CludTech’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. 99CludTech DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. 99CludTech DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR 99CludTech IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
24. Limitation of Liability.
    1. 99CludTech SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE 99CludTech PARTIES 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 SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF 99CludTech IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 99CludTech’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 99CludTech 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. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, 99CludTech’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
25. Indemnification. You agree to indemnify, defend and hold harmless the 99CludTech 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 99CludTech 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 of your acts or omissions, except to the extent any of the foregoing directly results from 99CludTech’s own gross negligence or willful misconduct. The terms of this section shall survive any termination of this Agreement.
26. Governing Law and Arbitration.
    1. Governing Law; Jurisdiction. 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 or arising from an alleged tort, shall be governed by the substantive laws of the State of Utah. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this Agreement must be brought in a state or federal court located in Salt Lake County, Utah. You irrevocably consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
    2. Arbitration. For all Subscribers who signed up for or purchased Services on or after April 1, 2017, the following terms shall also apply: 
       1. 99CludTech and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement between 99CludTech and you.
       2. A party who intends to seek arbitration must first send written notice to 99CludTech’s Legal Department of its intent to arbitrate (“Notice”). The Notice to 99CludTech should be sent by any of the following means: (i) electronic mail to legal@99CludTech.com; or (ii) sending the Notice by U.S. Postal Service certified mail to 99CludTech Inc., Attn: Legal Department, 5335 Gate Pkwy, 2nd Floor, Jacksonville, FL 32256. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or 99CludTech may commence an arbitration proceeding.
       3. The arbitration shall be governed by the Consumer Arbitration Rules (the “Arbitration Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, provided, however, that the arbitrator is bound by the terms of this Agreement.
       4. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, 99CludTech will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b), then the payment of arbitration costs shall be governed by the Arbitration Rules. In such case, you agree to reimburse 99CludTech for all monies previously disbursed by it that are otherwise your obligation to pay under the Arbitration Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, 99CludTech shall reimburse you for your reasonable attorneys’ fees and expenses incurred for the arbitration.
       5. You agree that, by entering into this Agreement, you and 99CludTech are waiving the right to a trial by jury.
       6. If you initiate litigation or any other proceeding against 99CludTech in violation of this section, you agree to pay 99CludTech’s reasonable attorneys’ fees incurred in connection with its enforcement of this section.
       7. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
       8. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR 99CludTech MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER SUBSCRIBERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
27. Miscellaneous.
    1. Backups. For its own operational efficiencies and purposes, 99CludTech from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under this Agreement. IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON 99CludTech SERVERS, AND under no circumstance will 99CludTech be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber files and/or data on any 99CludTech server. 99CludTech will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason and does not maintain any backups of dedicated accounts.
    2. Independent Contractor. 99CludTech and Subscriber are independent contractors and nothing contained in this Agreement places 99CludTech and Subscriber in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
    3. Headings. The headings herein are for convenience only and are not part of this Agreement.
    4. Entire Agreement. This Agreement, including documents incorporated herein 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.
    5. Severability. If any provision or portion of any provision of this 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 (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
    6. 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 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.
    7. Assignment; Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of 99CludTech. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. 99CludTech may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
    8. 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.
    9. 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, you acknowledge and agree 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 nor services against you as if it were a party to this Agreement.
28. WordPress Plugins. If you install or use WordPress plugins operated by Automattic on your hosting account (including, for example, Jetpack), you also acknowledge and agree to (1) the WordPress.com Terms of Service located at (https://en.wordpress.com/tos/) which apply to your use of all Automattic products and services; and (2) the Automattic Privacy Policy located at (http://automattic.com/privacy/), including without limitation, Automattic’s collection of data as described therein.
29. University Program. In addition to all terms and conditions described in this Agreement, the following may also apply if you participate in the university program.
    1. 99CludTech may provide discounted student rates to participating universities for their students. For the avoidance of doubt, only the student, not the university, is the Subscriber and registered holder of the account. Accordingly, the student is solely responsible for complying with the terms and conditions in this Agreement. 99CludTech will support such accounts in accordance with its usual practices.
    2. Billing information is provided by the student at sign-up or, if the University has prepaid the Initial Term, when the student signs up for additional products or services or renews the account after the Initial Term.
    3. Please note, that any and all amounts prepaid for accounts purchased by the University are non-refundable, once the account has been created by the student.
30. Maestro Services
    1. Services. 99CludTech’s Maestro service allows a web professional (the “Web Pro”) to access, manage and take certain actions in connection with Web Pro’s client’s (the “Client”) WordPress account (the “WP Account”) and/or Client’s hosting account (the “Hosting Account”) through a central dashboard provided by 99CludTech (collectively, the “Maestro Services”). Web Pro can only access the Hosting Account, if Client is a 99CludTech Subscriber. The Maestro Services enable Web Pro to request access directly from the Client through the use of a unique link provided by 99CludTech (the “Link”).
    2. Account Access Terms.
       1. WP Account. By clicking on the Link and granting Web Pro access to Client’s WP Account, Client agrees to grant full access of Client’s WordPress Admin area to Web Pro. Granting access to the Client’s WP Account allows Web Pro to have Administrator access to the account and to take all actions on the account, including without limitation, make purchases, view and edit content, and manage passwords and log in information.
       2. Hosting Account. By clicking on the Link and granting Web Pro access to Client’s Hosting Account, Client agrees to grant Web Pro account management access to Client’s Hosting Account. Granting access to Client’s Hosting Account allows Web Pro to take all administrative actions on the account, including without limitation, managing advanced hosting settings e.g. databases, FTP, email accounts, and domain settings, but does not allow Web Pro to access any Client billing information or make purchases on the account.
       3. Revoking Access. Client can revoke Web Pro’s access to either its WP Account, Hosting Account, or both at any time through Client’s 99CludTech account control panel or Client’s WP Account.
    3. Web Pro’s Representations and Warranties. By sending Client the Link, Web Pro represents and warrants that Web Pro: (i) has an established business relationship with Client, and (ii) will use the Maestro Services only in connection with such business relationship.
    4. Disclaimer. 99CludTech makes no guarantees or representations regarding the skills or actions of Web Pro and specifically disclaims any liability in connection with Web Pro’s acts or omissions. Client grants Web Pro access to Client’s WP Account and/or Hosting Account in Client’s sole discretion. Web Pros are not contractors, employees, or agents of 99CludTech. In the event there is a dispute between Web Pro and Client, the parties must resolve the dispute directly. 99CludTech is not responsible for resolving any disputes between the parties.
    5. Termination. In addition to 99CludTech’s other termination rights contained in this Agreement, 99CludTech may terminate Web Pro’s Maestro Services in the event: (i) 99CludTech discontinues the Maestro Services; or (ii) 99CludTech receives complaints from Web Pro’s Client concerning Web Pro’s use of the Maestro Services.
    6. Indemnification. Web Pro and Client hereby agree to release, indemnify, and hold harmless 99CludTech and any of its affiliates, employees, agents, suppliers and licensors from and against any and all claims arising from Web Pro or Client’s use of the Maestro Services.

This file was last modified: 03/03/2023.

Acceptable Use Policy

NOTE: On 28th October 2021, we added section 1(B)(V) to state that customers may not host plugins that adversely impact our systems. Please read the terms below.

Quick Links

• Prohibited Uses
• Objectionable Content and Defamation Claims
• Zero Tolerance Spam Policy
• Enforcement
• Reporting AUP Violations

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into Bluehost’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the same meaning as provided in the Terms of Service. Bluehost may modify this AUP at any time without notice.

The Services provided by Bluehost may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Bluehost reserves the right to refuse service to anyone at our sole discretion. Any material or conduct that in our judgment violates this AUP in any manner may result in suspension or termination of the Services or removal of content with or without notice.

Failure to respond to a communication from our abuse department within the specified time period in our communication to you may result in the suspension or termination of the Services.

 

1.  You may not directly or indirectly use the Services in connection with any of the following, as determined in Bluehost’s sole discretion:

   1. Prohibited Use or Content
      You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject Bluehost to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:

      1. Disclosing sensitive personal information about others;

      2. Storing personal or sensitive information, including without limitation, “Protected Health Information” as defined under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”);

      3. Phishing or engaging in identity theft;

      4. Distributing computer viruses, worms, Trojan horses or other malicious code;

      5. Promoting or facilitating prostitution or sex trafficking;

      6. Hosting ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices;

      7. Hosting, distributing or linking to child sexual abuse material (CSAM) or content that is harmful to minors (CSAM will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children);

      8. Distributing pornography or adult related content or offering any escort services;

      9. Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription);

      10. Gambling or selling weapons or ammunition;

      11. Promoting or facilitating violence or terrorist activities; or

      12. Infringing the intellectual property or other proprietary rights of others.

   2. Excessive Use of Resources or Network Abuse
      You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers. Prohibited activities that contribute to excessive use, include without limitation:

      1. Hosting or linking to an anonymous proxy server;

      2. Operating a file sharing site;

      3. Hosting scripts or processes that adversely impact our systems;

      4. Utilizing software that interfaces with an Internet Relay Chat (IRC) network; or

      5. Hosting plugins identified here or that otherwise adversely impact our systems. 

   3. Unauthorized System Access
      You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation:

      1. Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;

      2. Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks);

      3. Intercepting or monitoring data without permission; or

      4. Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of Bluehost’s website or servers for any unauthorized purpose.

   4. Storage of Backups
      You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. Bluehost reserves the right to remove backups from your hosting account with or without notice. 

   5. Zero Tolerance Spam Policy

      1. Any user account which causes or results in our IP space being blacklisted will be immediately suspended and/or terminated.

      2. Forging or misrepresenting message headers is prohibited.

      3. Websites advertised via spam (i.e. “Spamvertised”) may not be hosted on our servers.

      4. You may not use the Services to sell contact lists or send email to any purchased lists (i.e. “Safe Lists”).

      5. You may not use the Services to send spam or bulk unsolicited messages. We may terminate with or without notice the account of any user who sends spam.

2. Enforcement

   1. Your Services may be suspended or terminated with or without notice upon any violation of this AUP. Any violations may result in the immediate suspension or termination of your account.

   2. Bluehost reserves the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to others or to Bluehost or the Services, as determined in Bluehost’s sole discretion.

   3. Violations will be reported to law enforcement as determined by Bluehost in its sole discretion.

   4. A failure to respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.

   5. Websites hosted on Bluehost’s servers in the U.S. are generally governed by U.S. law. As a web host, Bluehost is not the publisher of user generated content and we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory. In any case in which a court of competent jurisdiction, as determined in Bluehost’s sole discretion, orders material to be removed, Bluehost will disable access to such material.

   6. Notwithstanding the foregoing, Bluehost users are responsible for using the Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. Bluehost reserves the right to take local legal considerations into account and to respond accordingly in Bluehost’s sole discretion.

   7. Enforcement of this AUP is at Bluehost’s sole discretion.

3. Reporting Violations

To report a violation of Bluehost’s AUP, please email compliance@bluehost.com. To report an infringement of intellectual property or other proprietary rights, please email legal@bluehost.com

This file was last modified: October 28, 2021.

Domain Registration Agreement

1. AGREEMENT.

This Domain Registration Agreement (“Agreement”) is between Bluehost Inc., as the sponsoring registrar or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here (“we,” “us,” “our,” or “Registrar”), and you, the person or entity registering a domain or domains through Bluehost. This Agreement sets forth the terms and conditions of your use of the domain registration services and other related services made available by us and on our website (collectively, the “Services”).Use of the Services is also governed by the User Agreement and its policies, which are incorporated into this Agreement by reference, including but not limited to:

Privacy Notice and Domain Registration Services Privacy Notice Addendum

Acceptable Use Policy

Domain Name Dispute Policy

Copyright Claims Policy

Data Request Policy

Anti Spam Policy

Ownership Dispute/Change Policy

2. SELECTION OF A DOMAIN NAME.

You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party and that the domain name is not being registered for any unlawful purpose.

3. FEES.

You agree to pay Registrar, the applicable fees for the Services. All fees payable hereunder are non-refundable.

4. TERM.

You agree that the Agreement will remain in full force during the length of the term of your domain name registration. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred to another registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force between domain name holders and the new registrar.

5. 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 the domain name 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 as an expired domain transfer.

6. MODIFICATIONS TO AGREEMENT.

You agree that during the term of this Agreement, we may: (1) revise the terms and conditions of this Agreement; and (2) change the Services provided under this Agreement. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the Services on our web site, or on notification to you as per Section 31 of this Agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice as per Section 31 of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in Service(s), you shall abide by any such revisions or changes. You further agree to abide by any Internet Corporation for Assigned Names and Numbers’ (“ICANN”) approved policy, including but not limited to ICANN’s Uniform Dispute Resolution Policy (“Dispute Policy”), as each may be amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to any ICANN-approved policy becomes effective, you have agreed to such modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

7. MODIFICATIONS TO YOUR ACCOUNT.

In order to change your account information with us, you must use your account identifier and password that you selected when you opened your account with us. Please safeguard your account identifier and password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account identifier or password.

8. DOMAIN NAME DISPUTE POLICY.

If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference.

9. DOMAIN NAME DISPUTES.

You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of The State of Utah.

10. ICANN POLICY.

You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the registry in registering the name or (2) for the resolution of disputes concerning the domain name. Further, you acknowledge that you have read and understand the Registrant Rights and Responsibilities as outlined by ICANN: Registrant Rights and Responsibilities.

11. CHANGE OF REGISTRANT.

Effective December 1, 2016, for all generic top-level domains, 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 here).We are required to deny a change of registrant for any of the following reasons:

A. 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;

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

C. the domain name is subject to a domain name dispute proceeding, including, but not limited to, the following:https://www.icann.org/resources/pages/help/dndr/udrp-enhttps://www.icann.org/resources/pages/help/dndr/udrp-en

i. Uniform Domain-Name Dispute-Resolution Policy (UDRP)
ii. Uniform Rapid Suspension (URS)
iii. Registrar Transfer Dispute Resolution Policy ; or
iv. a court order.

12. 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 registrar for sixty (60) days following the change of registrant.

13. 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 the requirements of ICANN’s Transfer Policy.

14. 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 Bluehost. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to Bluehost for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by Bluehost to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to ICANN’s Transfer Policy (available here).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 applicable registry’s transfer policy.

15. AGENCY.

Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own 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 domain name. You shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms of this Agreement and the Privacy Noticehttps://www.endurance.com/privacy/privacy and Domain Registration Services Privacy Notice Addendum.

16. ANNOUNCEMENTS.

Registrar reserves the right to distribute information to you that is pertinent to the quality or operation of our Services and those of our service partners in accordance with our https://www.endurance.com/privacy/privacyPrivacy Notice and Domain Registration Services Privacy Notice Addendum. These https://www.endurance.com/privacy/domains-addendumannouncements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

17. LIMITATION OF LIABILITY.

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.You acknowledge that the registry operator(s) will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the “Sunrise Period” or the “Land Rush Period”, including, without limitation: (a) the ability or inability of a registrant to obtain a registered domain name during these periods, and (b) the results of any dispute over a “Sunrise Registration.”

18. INDEMNITY.

You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including without limitation Registrar, and the directors, officers, employees and agents of each of them, including attorney’s fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, or any other legal action brought to our attention involving us based on the anonymity of the domain, we may seek assurance that you will indemnify us and written notice that you have contacted the plaintiff or representative for the complainant and made your contact information available to them. Failure to provide those assurances will result in a breach of this Agreement and may result in deactivation of your domain name and forfeit the right to privacy on a domain. A pro-rated refund will be issued to the payment method on file for the remaining unused Service.You agree to indemnify, defend and hold harmless the Registry Operators, including Afilias limited, Verisign Inc., NeuStar Inc., and Public Interest Registry, and their directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the domain name registration. You further agree that this indemnification obligation will survive the termination or expiration of the registration agreement.

19. TRANSFER OF OWNERSHIP.

The person named as registrant contact at the time the controlling user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the “Transferee”) you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determined by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

20. BREACH.

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

21. NO GUARANTY.

You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.

22. DISCLAIMER OF WARRANTIES.

You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an “as is,” “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

23. INFORMATION WE COLLECT.

Your use of the Services is subject to your agreement and obligation to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update such information as needed to keep it current, complete and accurate. Notwithstanding anything contained herein, any information we collect is pursuant to our https://www.endurance.com/privacy/privacyPrivacy Notice and Domain Registration Services Privacy Notice Addendum.As part of the registration process, in addition to you providing us with billing information, we are also contractually required by ICANN and/or certain registries to collect from you the following domain registration information (collectively, the “Registration Information”):

a. Registrant Name
b. Registrant Organization (where applicable)
c. Registrant Address
d. Registrant Email
e. Registrant Fax (where applicable)
f. Registrant Phone number
g. Administrative Contact
h. Administrative Contact Organization (where applicable)
i. Administrative Contact Address
j. Administrative Contact Email
k. Administrative Contact Fax (where applicable)
l. Administrative Contact Telephone Number
m. Technical Contact
n. Technical Contact Organization (where applicable)
o. Technical Contact Address
p. Technical Contact Email
q. Technical Contact Fax (where applicable)
r. Technical Contact Telephone Number

24. Any other information which we request from you at registration is voluntary. Any voluntary information we request is collected so that we can continue to improve the products and Services offered to you in accordance with our https://www.endurance.com/privacy/privacyPrivacy Notice and Domain Registration Services Privacy Notice Addendum.

25. DISCLOSURE AND USE OF REGISTRATION INFORMATION.

You agree and acknowledge that we will make certain Registration Information you provide available to ICANN, to the registry administrators, and to other third parties in accordance with our https://www.endurance.com/privacy/privacyPrivacy Notice and Domain Registration Services Privacy Notice Addendum.Our contracts with ICANN and certain registries require us to collect certain Registration Information (“WHOIS Information”), which will be publicly available and accessible through a WHOIS service as required by ICANN/Registry Policy (the “WHOIS Directory”). The WHOIS Directory is a publicly accessible database that lists WHOIS Information, including a particular domain name, the name server(s) to which the domain name points, and the domain name’s creation and expiration date. Note that unless the European Union’s General Data Protection Regulation 2016/679 (“GDPR”) applies to you, your Registration Information could be displayed in the WHOIS Directory.You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your Registration Information by us.You may access your Registration Information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through Registrar.If you have provided the Company with third party Registration Information, you represent and warrant to the Company that (i) you have the valid and enforceable right to use the Registration Information, and (ii) you have notified such third parties of the Company’s rights to use the Registration Information pursuant to this Agreement and our https://www.endurance.com/privacy/privacyPrivacy Notice and Domain Registration Services Privacy Notice Addendum.You agree to correct and update the Registration Information for your domain name registration during the registration term for the registered domain name within seven (7) days of any change. Your failure to provide accurate and reliable Registration Information during the registration term will be considered a breach of this Agreement.

26. 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 Registrar 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, infringement 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 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. Registrar 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 Registrar may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize Registrar to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that Registrar 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, Registrar will NOT forward “junk” mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize Registrar 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.

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.

g. Registrar expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of Domain Privacy and/or reveal the Registration Information to any third party at any time without notice to you:

i. To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;

ii. To comply with ICANN’s Uniform Domain Name Dispute Resolution Policy;

iii. 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;

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

v. 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;

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

vii. To prevent inappropriate activity that comes to Registrar’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 your Registration Information and for providing and updating valid and accurate Registration 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 harm caused by wrongful use of the Registered Name unless the Registered Name Holder promptly discloses the identity of the licensee to the party claiming violation or infringement of its rights.

27. EU/EEA NATURAL PERSONS.

If the GDPR applies to you, we will not display your Registration Information in the WHOIS Directory. However even if GDPR applies to you, there are limited circumstances which we may be contractually required to share your Registration Information as described in our https://www.endurance.com/privacy/privacyPrivacy Notice and Domain Registration Services Privacy Notice Addendum.

28. ACCURACY OF INFORMATION.

Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration.

29. RIGHT OF REFUSAL.

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.

30. SEVERABILITY.

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

31. NON-AGENCY.

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

32. NON-WAIVER.

Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

33. NOTICES.

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via email or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification to us at domains@fastdomain.com or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us, shall be sent to:
Fast Domain
1500 N
Priest Drive Suite 200
Tempe, AZ 85281
FAX: 781-998-8277
and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.

34. ENTIRETY.

You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

35. GOVERNING LAW.

THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH AND THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN UTAH AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

36. INFANCY.

You attest that you are of legal age to enter into this Agreement.

37. ACCEPTANCE OF AGREEMENT.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT. GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

38. OBLIGATION TO MAINTAIN WHOIS.

Your wilful provision of inaccurate or unreliable Registration Information, your wilful failure promptly to update Registration information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the WHOIS Directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement pursuant to our https://www.endurance.com/privacy/privacyPrivacy Notice and Domain Registration Services Privacy Notice Addendum.

39. REGISTRAR’S RIGHT TO MODIFY.

We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.

40. INCONSISTENCIES WITH REGISTRY POLICIES.

In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.

41. NON-WAIVER.

Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

42. FORCE MAJEURE.

You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.

appendix 1.
additional registry requirements

Listed below are additional contractual requirements that you, the registrant, must agree to should you desire to register a domain in these registries.

1. COM – Should you seek to register a .COM top level domain, you must agree to be bound by the following additional terms:

a. The Registrant shall be prohibited from distributing malware, abusively operating botnets, phishing, pharming, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law and providing (consistent with applicable law and any related procedures) consequences for such activities, including suspension of the registration of the Registered Name;

b. The Registrant shall acknowledge and agrees that Verisign reserves the right to deny, cancel, redirect or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (2) to correct mistakes made by Verisign or any Registrar in connection with a domain name registration, (3) for the non-payment of fees to Verisign, (4) to protect against imminent and substantial threats to the security and stability of the Registry TLD, System, Verisign’s nameserver operations or the internet, (5) to ensure compliance with applicable law, government rules or regulations, or pursuant to any legal order or subpoena of any government, administrative or governmental authority, or court of competent jurisdiction, and/or (6) to stop or prevent any violations of any terms and conditions of this Agreement, the Operational Requirements, or pursuant to Verisign’s Registry Agreement with ICANN.

2. .ME — Should you seek to register a .ME top level domain, you must agree to be bound by the following additional terms:

a. You shall comply with all registry policies and all other standards, policies, procedures, and practices which the Montenegrin government requires the .me registry to implement in accordance with the Registry Registration Agreement or otherwise.

b. You shall comply with all operational standards, policies, procedures, and practices for the .me registry system established from time to time by the .me registry.

c. You shall consent to the use, copying, distribution, publication, modification, and other processing of the registrant’s personal data by the .me registry and its designees and agents in a manner consistent with the purposes of the .me Registry-Registrar Registration Agreement.

d. You shall submit to proceedings under any dispute policy implemented by the .me registry, including, without limitation, the Domain Name Dispute Resolution Policy (“DRP”) referenced on the .me registry’s website at www.domain.me.

e. You shall agree to be bound by the terms and conditions of the initial launch and general operation of the .me TLD, including, without limitation, the sunrise and land rush periods, and the corresponding dispute resolution policies.

f. You acknowledge that the .me registry has no liability of any kind for any loss or liability resulting from the proceedings and processes related to the sunrise or land rush periods, including, without limitation: (a) the ability or inability to obtain a .me registered domain name during these periods; and (b) the results of any dispute procedures.

g. You acknowledge and agree that the .me registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain names(s) on registry lock, hold, or similar status, that it deems necessary, in its sole discretion to (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of the .me registry, as well as its owners, affiliates, subsidiaries, officers, directors, and employees for violations of any policies, terms, or conditions established by the .me registry, including, without limitation, the .me registry policies; and (d) to correct mistakes made by the .me registry or Registrar in connection with a domain name registration. The .me registry also reserves the right to place a domain name on registry, lock, hold, or similar status during resolution of a dispute proceeding.

h. You shall submit to proceedings commenced under other dispute policies as set forth by the .me registry from time to time, including, but not limited to, expedited processes for suspension of a domain name by claims brought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security, and integrity of the .me registry system for the .me top level domain.

i. You hereby agree to indemnify, to the maximum extent permitted by law, defend and hold harmless doMEn, d.o.o., and its owners, subsidiaries, affiliates, subcontractors, and agents, and their respective directors, officers, employees, affiliates, and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use.

3. .CO — Should you seek to register a .CO top level domain, you must agree to be bound by the following additional terms:

a. Definitions: The following definitions apply to this Section:

i. “Administrator” means .CO Internet, S.A.S.

ii. “Registrar” means Fastdomain Inc.

iii. “Registered Name” means a domain name within the .Co TLD, whether consisting of two, three or more levels (e.g. twolevels.co or three.levels.co), registered and/or maintained through the Registry System and about which data is maintained by or on behalf of Administrator in the Registry Database (whether or not such name appears in the .Co TLD zone file).

iv. “Registrant” means the holder of a Registered Name.

v. “Registry Database” means a database comprised of data about one or more DNS domain names within the domain of the .Co TLD that is used to generate either DNS resource records that are published authoritatively or responses to domain-name availability lookup requests or Whois queries, for some or all of those names.

vi. “Registry System” means the registry system operated by or on behalf of Administrator for Registered Names in the .Co TLD, including, without limitation, the Registrar Toolkit, as well as any updates, modifications, enhancements and/or redesigns thereof that may be made from time to time.

b. You shall (within thirty days of a demand) indemnify, defend and hold harmless Administrator, Registrar, and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to the Registrant’s domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar’s prior written consent, which shall not be unreasonably withheld. This indemnification obligation shall survive the termination or expiration of the Registration Agreement for any reason.

c. You certify that, to the best of your knowledge, information and belief, under penalty of fraud, the following is true:

i. The data provided in the domain name registration application is true, correct, current and complete and Registrant will ensure that all such information is kept up to date;

ii. Neither the registration nor the use of the requested domain name interferes with or infringes upon the lawful rights of any person;

iii. The domain name has not been registered for and will not be used for any purpose that is fraudulent, illegitimate or otherwise in conflict with any applicable laws, rules, regulations, ordinances or decrees, including, without limitation for the submission of unsolicited bulk email, phishing, pharming use of botnets or malware, infringement of the legitimate trademark rights of others, or any other abusive practices; and

iv. You have the full power and authority to enter into the Registration Agreement on behalf of the Registrant and will be responsible for any errors, falsifications or omissions of information.

d. You agree that the registration and exclusive and perpetual right of use and enjoyment for any Registered Name may be cancelled if Administrator or Registrar determines that you have provided information that is incorrect, false or inaccurate either in the initial registration process or in any subsequent communications or in the event you violate any of the terms of the Registration Agreement.

e. You agree to follow and be bound by all Administrator’s policies (including, without limitation, the Administrator’s privacy policy, and other policies shown at http://www.cointernet.co), as the same may be updated, modified or replaced from time to time, and to be subject to any dispute resolution process for the resolution of disputes regarding Registered Names that may be adopted by Administrator, as the same may be updated, modified or replaced from time to time, including, but not limited to, any expedited processes for suspension of a domain name due to claims sought by intellectual property right holders.

f. You agree that the domain name may be suspended, terminated, canceled or transferred in the interest of safeguarding compliance with Administrator’s security or registration policies or as a result of a dispute resolution.

g. You agree that all official contact, correspondence and/or other information sent from or on behalf of Registrar, Administrator or any other relevant official will be transmitted to the administrative contact information that appears in the Registry Database and that the designated administrative contact is authorized to receive all such communication and information.

h. You consent and authorize Registrar and Administrator to publish the following information in the WHOIS database and elsewhere:

i. Names, addresses, telephone numbers and email addresses of the Registrant and Registrant’s designated administrative contact.

ii. Name, address, telephone number and email address of the Registrant’s technical contact.

iii. Dates related to the creation, last update and expiration of the Registered Name.

i. You agree that all disputes, claims or controversies regarding the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .Co TLD between Registrant and Administrator shall be governed exclusively by the laws of Colombia and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Bogotá, Columbia.

j. You agree to assume all responsibility and liability arising out of any assignment by Registrant of the Registered Name, including, without limitation, with respect to any users, clients, customers, licensees or other persons who may be using any subdomain of the Registered Name or any Website associated with the Registered Name.

k. You agree that neither Registrar’s acceptance of the Applicant’s registration request nor the actual registration of any Registered Domain shall be deemed an indication that Administrator, Registrar or the Colombian Government has made any determination regarding the legality of the registration, the extent to which Registrant’s registration and exclusive and perpetual right of use and enjoyment of the Registered Name may violate any applicable laws, rules, regulations, policies, procedures, ordinances or decrees or infringe on the rights of any other person, and that neither Administrator, Registrar nor the Colombian Government shall have any liability or responsibility arising therefrom.

l. You agree that Registrant shall be bound by the terms and conditions of the initial launch and general operation of the .Co TLD, including without limitation the Sunrise and Landrush periods, and the corresponding dispute resolution policies, and that Administrator shall have no liability of any kind for any loss or liability resulting from (a) the ability or inability of an Applicant to obtain a Registered Name during these periods, or (b) the results of any dispute procedures.

m. Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the Uniform Domain Name Dispute Resolution Policy adopted by ICANN (the “UDRP”), as the same may be amended from time to time and which is hereby incorporated and made an integral part of this Registration Agreement.

n. You agree that Administrator reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry and/or the Registry System; (2) to comply with any applicable laws, rules, regulations, policies, procedures, ordinances or decrees of any government, governmental agency or quasi governmental agency (including, without limitation, those of the Colombian Government) or any requirements and/or requests of law enforcement authorities, in compliance with any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Administrator, as well as its affiliates and subsidiaries, and their respective owners, officers, directors, managers, employees, agents, contractors and service providers; (4) for violations of this Registration Agreement; or (5) to correct mistakes made by Administrator or any registrar in connection with a domain name registration. Administrator also reserves the right to lock or place on hold a domain name during the resolution of a dispute.

o. You must provide the following minimum registration information:

i. Domain name registered;

ii. IP address and corresponding names of the primary and secondary name servers for the Registered Name;

iii. Original creation date and term of the registration;

iv. Name, postal address, email address, voice telephone number, and (where available) fax number of the Registrant of the Registered Name;

v. Name, postal address, email address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and

vi. Name, postal address, email address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.

4. .US extensions

Should you seek to register a .US TLD (“usTLD”) from NeuStar, Inc. (“Registry Operator”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .US domain registrations.

a. You agree that your registration and use of .US TLD is subject to the usTLD Administrator Reservation of Rights policy (available here).

b. You agree to comply with the usTLD Acceptable Use Policy (available here).

c. You agree to comply with the usTLD Privacy Services Policy (available here). In addition, Registrar must inform the Registered Name Holder that any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own 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 Registrant licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name.

d. You certify that the Registered Name Holder meets the requirements set out in the usTLD Nexus Requirements Policy (available here) to qualify to register a Registered Name and that the Registered Name Holder is either:

i. A citizen or permanent resident of the United States of America or any of its possessions or territories, whose primary place of domicile is in the United States of America or any of its possessions; or

ii. A United States entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories (including a federal, state, or local government of the United States, or a political subdivision thereof); or

iii. A foreign entity or organization that has a bona fide presence in the United States.

e. You agree that failure to abide by the usTLD Nexus Requirements Policy shall be a basis for cancellation of the domain (available here).

f. You agree that for the adjudication of disputes concerning or arising from use of the usTLD, to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile, (2) where the registrar of record is located, and (3) the United States.

g. You certify that, to the best of your knowledge, information or belief under penalty of fraud, the registered name has not been registered for and will not be used to (i) distribute malware, (ii) abusively operate botnets, (iii) engage in phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or (iv) otherwise engage in activity that is contrary to U.S. law;

h. You agree that failure to comply with the terms of the Registry Operator’s Policies (available here) may result in suspension or termination of the domain.

i. You 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 any third party.

j. You 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 any third party.

i. enforce usTLD Policies, as amended from time to time;

ii. protect the integrity and stability of the Registry Operator, its operations, and the usTLD;

iii. comply with any applicable law, regulation, holding, order, or decision issued by a court, administrative authority, or dispute resolution service provider with jurisdiction over the Registry Operator or you;

iv. establish, assert, or defend the legal rights of the Registry Operator or a third party, or to avoid any liability, civil or criminal, on the part of the Registry Operator as well as its affiliates, subsidiaries, owners, officers, directors, representatives, employees, contractors, and stockholders;

v. respond to violations of this policy;

vi. correct mistakes made by the Registry Operator or any registrar of record in connection with a registration or reservation.

k. You agree to indemnify, defend and hold harmless Registry Operator and its registry operations service providers, including the directors, officers, employees, affiliates and agents of each of them from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration. This indemnification obligation shall survive the termination or expiration of the registration agreement.

l. You agree that you have received and hereby accept the terms and conditions of this Registration Agreement, including the Terms of Service, Privacy Notice, and Acceptable Use Policy with respect to processing of Personal Data which includes:

i. The purposes for which any Personal Data collected from you are intended;

ii. The intended recipients or categories of recipients of the data (including Neustar and others who will receive the data from Neustar);

iii. Which data are obligatory and which data, if any, are voluntary; and

iv. How you can access and, if necessary, rectify the data held about you.

m. You acknowledge that Registrar will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction and will not process the Personal Data collected from you as Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Section 13 above.

n. You agree that the Registry Operator retains the right to freeze a domain name during the resolution of a dispute either by: (i) rendering the domain name unresolvable; (ii) preventing the transfer of the domain name to another person, entity or registrar; or (iii) preventing any changes to the contact information associated with the domain name.

o. You consent to the data processing as required by the Whois Accuracy Program Specification (available here) and the .US Privacy Policy (available here).

5. Donuts Extensions

Should you seek to register a gTLD from a Donuts Inc. subsidiary registry (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Donuts Inc. subsidiary registry domain registrations. A non-exhaustive list of Donuts Inc. gTLDs (the “Registry TLDs”) can be found here.

a. You consent to the published privacy policies of the Registry, available here.

b. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement; (4) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the registration agreement; (6) following an occurrence of any of the prohibited activities; or (7) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

c. You acknowledge and agree that domain names are variably priced in the Donuts TLDs (i.e., some are Standard Names and others are Premium Names); click here for more information from the Registry. The non-uniform registration and renewal pricing means that a fee for one Donuts TLD may differ from another Donuts TLD.

6. .MENU domains

Should you seek to register a .MENU top level domain (“Registry TLD”) from Wedding TLD2, LLC (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .MENU domain registrations.

a. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.

b. You agree to comply with the operational standards, policies, procedures and practices for the .MENU TLD as established by the Registry Operator, including without limitation the Registry Policies.

c. You agree to be bound by the terms and conditions of initial launch established by Registry, including without limitation land rush, and sunrise further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush or sunrise period, including, without limitation your ability/inability to obtain a registered name during that period.

d. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement; (4) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the Registration Agreement; (6) following an occurrence of any of the prohibited activities; or (7) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

e. You hereby agree to submit to proceedings commenced under other dispute policies as set forth by Registry, including but not limited to processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts, or other competent claimants in the purpose of upholding the stability, security, and integrity of the .MENU Registry.

f. Notwithstanding anything in this Registration Agreement to the contrary, Wedding TLD2, LLC, the Registry Operator of the .MENU TLD, is and shall be an intended third-party beneficiary of this Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third-party beneficiary rights of Wedding TLD2, LLC have vested and that Wedding TLD2, LLC has relied on its third-party beneficiary rights under this Registration Agreement in agreeing to Registrar being a registrar for the .MENU TLD. Additionally, the third-party beneficiary rights of Wedding TLD2, LLC shall survive any termination of this Registration Agreement.

7. .NAME domains

Should you seek to register a .NAME second level domain, you must agree to be bound by the following additional terms:

a. Eligibility Requirements. You represent and warrant that every registration you are applying for in the .name TLD satisfies the eligibility requirements (“Eligibility Requirements”) established by Global Name Registry Ltd., the registry for the .name TLD, which are available at this link.

b. Dispute Resolution Policies. You agree that every service for which you register is subject to the Uniform Domain Dispute Resolution Policy (the “UDRP”) and the Eligibility Requirements Dispute Resolution Policy (the “ERDRP”), which are located at this link. Without limiting the foregoing, you agree that:

i. every Defensive Registration is subject to challenge pursuant to the ERDRP;

ii. if a Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registration Holder will pay the challenge fees;

iii. if a challenge to a Defensive Registration is successful, the Defensive Registration will be subject to the procedures described in the ERDRP and the Eligibility Requirements including, without limitation, the cancellation of the Defensive Registration Holder’s other Defensive Registrations; and

iv. if a Phase I Defensive Registration (as defined by the .name registry) is successfully challenged on the basis that it does not meet the applicable eligibility requirements, the Defensive Registration Holder will thereafter be required to demonstrate, at its expense, that it meets the eligibility requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .name through any registrar. In the event the Defensive Registration Holder is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s)will be cancelled.

c. Limitation of Liability. In addition to the other limitations of liability contained herein, you agree that neither the .name registry nor VeriSign shall have any liability of any kind for any loss or liability resulting from:

i. the processing of registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a Registered Name, a second-level domain email address registration (an “SLD Email Address”), a Defensive Registration, or a NameWatch Registration using the services provided by VeriSign or the .name registry; or

ii. any dispute over any Registered Name, SLD Email Address, Defensive Registration or NameWatch Registration, including any dispute resolution proceeding related to any of the foregoing.

8. UNO domains

Should you seek to register a .UNO top level domain (“Registry TLD”) from Dot Latin, LLC (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .UNO domain registrations.

a. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (b) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration, or (c) for the non-payment of fees to Registry.

b. You agree to comply with Registry’s Acceptable Use policies, Terms of Service, if any, operational standards, policies, procedures and practices, and Registry policies as they may be instituted or updated from time to time and published on the Registry website (here) specific to the Registry TLD for the domain name.

c. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.

d. You, as the Registrant, acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

i. The Uniform Domain Name Dispute Resolution Policy, available at this link;

ii. The Uniform Rapid Suspension Procedure and Rules, available at this link; and

iii. The Transfer Dispute Resolution Policy, available at this link.

9. .BUZZ domains

Should you seek to register a .BUZZ top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .BUZZ domain registrations.

a. You acknowledge and agree DotStrategy, Co. (the “Registry”) reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry or any Registrar in connection with a domain name registration, or (iii) for the non-payment of fees to Registry.

b. In the event of any dispute concerning the time of the entry of a domain name registration into the Registry system, the timestamp shown in the Registry system records shall prevail.

c. You agree to comply with Registry’s Acceptable Use policies, and Terms of Service, operational standards, policies, procedures and practices as they may be updated from time to time and published at the Registry’s website, here.

d. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.

10. .CLUB domains

Should you seek to register a .CLUB top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .CLUB domain registrations.

a. You acknowledge and agree .CLUB Domains LLC (the “Registry”) reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary in its discretion, to correct mistakes made by Registry or any Registrar in connection with a domain name registration; or for the non-payment of fees to Registry.You agree to comply with Registry’s Acceptable Use policies, Terms of Service, operational standards, policies, procedures and practices as they may be updated from time to time and published at the Registry’s website.

b. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.

11. .TV and .CC domains

Should you seek to register a .tv or .cc TLD, you must agree to comply with the .tv and .cc Registry Policies, found here.

12. Afilias Limited domains

Should you seek to register a gTLD from the Afilias Limited registry, or an Afilias subsidiary registry, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Afilias Limited registry, and all Afilias subsidiary registry domain registrations. A non-exhaustive list of Registry TLDs may be found here.

a. You understand and agree to comply with all ICANN standards, policies, procedures and practices.

b. You agree to immediately correct and update the Registration Information for the Registered Name Holder upon any change.

c. You agree to be bound by the operational standards, policies, procedures and practices for the Afilias Limited registry, or any Afilias subsidiary registry (the “Registry”) as established by the Registry (available here), including without limitation the Registry policies, the terms and conditions of initial launch established by Registry, including without limitation, land rush and sunrise period, and you further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush, sunrise period, or other period associated with the initial launch of the Registry TLD, including, without limitation your ability/inability to obtain a registered name during that period.

d. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion:

i. to protect the integrity and stability of the registry;

ii. to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;

iii. to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement the Registry has with ICANN;

iv. to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees;

v. per the terms of the Registration Agreement;

vi. following an occurrence of any of the prohibited activities; or

vii. to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

13. .BUILD domains

Should you seek to register a .BUILD TLD, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .BUILD domain registrations.

a. You acknowledge and agree Plan Bee, LLC (the “Registry”) reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry or any Registrar in connection with a domain name registration, or (iii) for the non-payment of fees to Registry.

b. You agree to comply with Registry’s Acceptable Use policies, and Terms of Service, operational standards, policies, procedures and practices as they may be updated from time to time and published at the Registry’s website, here.

c. You agree to be bound by the terms and conditions of initial launch established by Registry, available here, including without limitation land rush and sunrise periods, and further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush or sunrise periods, including, without limitation your ability/inability to obtain a registered name during that period.

d. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.

14. CentralNic domains

Should you seek to register a gTLD from the CentralNic Registry Operator (“Registry Operator”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all CentralNic domain registrations. A non-exhaustive list of CentralNic gTLDs can be found here.

a. You agree to comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations.

b. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) per the terms of the Registration Agreement or (5) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

c. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, and the Sunrise Dispute Resolution Policy, and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (1) the ability or inability of a registrant to obtain a registered name during these periods, and (2) the results of any dispute over a sunrise registration.

d. You agree that if you collect and maintain sensitive health and/or financial data, you will comply with applicable laws on the provision of such services and including security measures applicable to that sector.

e. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry or Registry Operator has monitoring responsibility.

f. You agree to comply with the operational standards, policies, procedures and practices as established by the Registry Operator, including without limitation the Registry policies, available here.

15. United TLD Holdco domains

Should you seek to register a gTLD from a United TLD Holdco Ltd. subsidiary registry (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all United TLD Holdco Ltd. subsidiary registry domain registrations. A non-exhaustive list of United TLD Holdco Ltd. Subsidiary registry TLDs can be found here.

a. These Registration Terms and Conditions (“the Registration Terms”) supplement, and are incorporated into, the agreement between you (“you”), a registrant, and the ICANN Accredited Registrar (“Registrar”) that you use to register or reserve a name in the United TLD Top Level Domain (the “Registry TLD”). As between you and United TLD Holdco Ltd., (the “Registry” or “we”), in the event of any conflict between this Agreement Schedule and the terms of your agreement with Registrar (the “Registrar-Registrant Agreement”), these Registration Terms shall prevail. These additional terms may be found at the Registry’s website here.

i. By applying to register or reserve a domain name in a Registry TLD, you represent and warrant that neither your registration nor your use of the name will infringe the intellectual property or other rights of any third party or violate the Registry’s Acceptable Use (Anti-Abuse) Policy.

ii. You acknowledge and agree to abide by all Registry Policies set forth on the Registry’s website (the “Registry Website”). You specifically acknowledge and agree that the Registry Policies may be modified by the Registry, and agree to comply with any such changes in the time period specified for compliance.

iii. You agree to comply with all applicable ICANN requirements and policies found at www.icann.org/en/general/consensus-policies.htm.

iv. You agree to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, disclosure of date and financial disclosures.

v. You agree that should you use a Registry TLD to collect and or maintain sensitive health and financial date, you implement reasonable appropriate security measures commensurate with the offering of those services as defined by applicable law.

vi. You represent and warrant that you have provided to your Registrar current, complete, and accurate information in connection with your application for a registration, and that you will correct and update this information to ensure that it remains current, complete, and accurate throughout the term of any resulting registration or reservation. Your obligation to provide current, accurate, and complete information is a material element of these terms, and the Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration or reservation if it determines, in its sole discretion, that the information is materially inaccurate.

vii. You consent to the collection, use, processing, and/or disclosure of personal information in the United States and in accordance with the Registry’s Privacy Policy, and incorporated by reference here. If you are submitting information from a country other than the country in which the Registry servers are located, your communications with the Registry may result in the transfer of information (including your membership account information) across international boundaries; you consent to such transfer.

viii. You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”), and the Uniform Rapid Suspension System (“URS”)(http://newgtlds.icann.org/en/applicants/urs), each as described on the ICANN Website. You further agree to abide by the final outcome of any of those processes, subject to any appeal rights provided in those processes or the law, and you hereby release the Registry, its affiliates and service providers from any and all directly or indirect liability associated with such dispute resolution processes.

ix. You acknowledge and agree that the Registry reserves the right, in its sole discretion, to disqualify you or your agents from making or maintaining any registrations or reservations in the Registry TLD if you are found to have repeatedly engaged in abusive registrations.

x. You acknowledge and agree that the Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration that it deems necessary, in its discretion, in furtherance of the following:

i. to enforce all Registry Policies, these Registration Terms, and ICANN requirements, as amended from time to time;

ii. to protect the integrity and stability of the Registry, its operations, and the Registry TLDs;

iii. to comply with any applicable law, regulation, holding, order, or decision issued by a court, administrative authority, or dispute resolution service provider with jurisdiction over the Registry or you;

iv. to establish, assert, or defend the legal rights of the Registry or a third party, or to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, contractors, and stockholders;

v. to correct mistakes made by the Registry or any Registrar in connection with a registration or reservation;

vi. as otherwise provided herein.

xi. The Registration Terms, its interpretation, and all disputes between the parties arising in any manner hereunder, shall be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). You agree and submit to the exercise of personal jurisdiction of courts in the State of Washington for the purpose of litigating any such claim or action.

xii. By agreeing to these Registration Terms and Conditions, you are: (1) Waiving claims that you might otherwise have against the Registry, its employees, affiliates and subsidiaries, and service providers, based on the law of other jurisdictions, including your own; (2) Irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts in the state of Washington over any disputes or claims you have with the Registry, its affiliates and service providers; and (3) submitting yourself to the personal jurisdiction of courts located in the state of Washington for the purpose of resolving any such disputes or claims.

xiii. You acknowledge and agree that the Registry is and shall be an intended third party beneficiary of the obligations you undertake under your registration agreement with the Registrar and these Registration Terms. You acknowledge and agree that the Registry’s third party beneficiary rights have vested, and shall survive any termination or expiration of your registration or reservation.

xiv. You acknowledge and agree that domain names in the Registry TLD are provided “as is”, “with all faults” and “as available.” The Registry, its affiliates and service providers, make no express warranties or guarantees about such domain names.

xv. To the greatest extent permitted by law, the Registry, its affiliates and service providers, disclaim implied warranties that the Registry and all software, content and services distributed through the registry, its affiliates and service providers are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. The registry, its affiliates and service providers do not guarantee that any registry TLDs, or registry operations will meet your requirements, will be error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the United TLD, including any support services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you or third parties will be able to access or use a domain name in United TLDs (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of the Registry, its affiliates and service providers shall create a warranty regarding operations of the Registry or a domain name in a Registry TLD.

xvi. The Registry, its affiliates and service providers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon a domain name in United TLD. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the Registry, its affiliates and services providers knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Registry’s liability, and the liability of the Registry’s affiliates and service providers, shall be limited to the amount you paid to register a United TLD. You further agree that in no event shall the Registry’s, its affiliates’ and service providers’ total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action. You agree that the rights stated herein survive the termination of the Registrar’s agreement with you.

xvii. The Registry reserves the right to modify, change, or discontinue any aspect of its Registry Services, these Registration Terms, including without limitation its prices and fees. You acknowledge and agree that the Registry, its affiliates and service providers may provide any and all required notices, agreements, modifications and changes to these Registration Terms, and other information concerning Registry TLDs electronically, by posting such items on the Registry Website. Your continued use of a Registry TLD shall constitute your acceptance of the most current versions of those notices, agreements, modifications, and changes to these Registration Terms. In the event of any conflict between these Registration Terms and the notices, agreements, modifications and changes to the Registration Terms as posted from time to time on the Registry Website, the terms posted on the Registry Website shall prevail.

xviii. You represent and warrant that your use of the Registry and/or the Registry TLDs will not be for any illegal purpose and that you will not undertake any activities with your Registry TLD that will be in violation of the Acceptable Use (Anti-Abuse) Policy.

xix. The Registry TLDs are intended for and available to applicants and registrants who are at least eighteen (18) years of age. By applying for, registering, or reserving United TLD, you represent and warrant that you are at least eighteen (18) years of age.

b. In addition to the Registration Terms above, you agree to comply with applicable rules and laws including those that relate to privacy, data collection, consumer protection, import/export of services and disclosure of data.

16. .CAREER domains

Should you seek to register a .CAREER TLD (“Registry TLD”) from dotCareer LLC (“Registry Operator”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .CAREER domain registrations.

a. You agree that Registry Operator reserves the right, in its unlimited and sole discretion, to revoke, cancel, deny, transfer, suspend, terminate or otherwise modify the rights of a Registered Name Holder, including placing any domain name(s) on registry lock, hold or similar status, without any notice thereto: (1) in the event of non-compliance by the Registered Name Holder with any provision of the Registration Agreement, the .CAREER Registry-Registrant Agreement, specifications adopted by any industry group generally recognized as authoritative with respect to the Internet; (2) to correct any mistakes made by Registry Operator, registrar of record or any third party in connection with a domain name registration; or (3) for the non-payment of any fees due to Registry Operator;

b. You agree to comply with the operational standards, policies, procedures, and practices (such as, for example, start up, initial operations, sunrise, premium names, etc.) for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner and applicable to all registrars (operational requirements), including affiliates of Registry Operator, and consistent with the Registry Operator’s Registry Agreement with ICANN, as applicable, upon Registry Operator’s notification to Registrar of the establishment of those terms and conditions.

c. You agree to comply with the ICANN requirements, standards, policies, procedures, and practices for which the Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.

d. You agree to the .CAREER Registry-Registrant Agreement, as posted at Registry Operator’s website and as amended from time to time at the sole discretion of Registry Operator.

e. You agree to comply with any and all applicable national, state or local law, regulation or court order in relation to operations and registrations in the Registry TLD.

f. You agree to:

i. grant Registry Operator and Registry Service Provider (“RSP”) all necessary licenses and consents to permit Registry Operator and/or RSP or its agent(s) to:

i. perform, in Registry Operator or RSP’s unlimited and sole discretion, malware scans;

ii. collect, store, and process data gathered as a result of such malware scans;

iii. disclose the results of such malware scans (including all data therefrom) to Registry Operator and/or ICANN; and

iv. use the results of such malware scans (including all data therefrom) in connection with: (1) protecting the integrity, security or stability of the Registry’s system; and (2) providing reports and benchmarks based on aggregated data so long as the reports do not identify the TLD;

ii. acknowledge that the results of any malware scan identifying malware or potential malware shall not be deemed to be confidential or proprietary information of registrar of record or Registered Name Holder;

iii. disclaim any and all warranties, representations or covenants that such malware scan will detect any and all malware or that Registry Operator or RSP is responsible for notifying registrar of record or any Registered Name Holder of any malware or cleaning of any malware from any system or website;

iv. indemnify, defend and hold harmless Registry Operator and RSP from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any malware scan, the failure to conduct a malware scan, the failure to detect any malware, clean any malware, or the use of any data from malware scans; and

v. prohibit the entrance into any settlement or compromise of any such indemnifiable claim (as set forth above) without the Registry Operator and RSP’s prior written consent.

17. .BID and .TRADE domains

Should you seek to register a gTLD from the Famous Four Media (“Registry Operator”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all domain registrations with Famous Four Media. A non-exhaustive list of Famous Four Media gTLDs (the “Registry TLD”) can be found here: http://www.famousfourmedia.com/our-gtlds

a. You agree to comply with ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.

b. You agree to the operational standards, policies, procedures, and practices for the Registry TLD available here: http://www.famousfourmedia.com/policies as set forth in the Registry Agreement between the Registry Operator and ICANN, and as established from time to time by Registry Operator in a non-arbitrary manner and applicable to all registrars, including affiliates of registrar, and consistent with ICANN standards, policies, procedures, and practices and Registry Operator’s Registry Agreement with ICANN, including, in particular, any acceptable use policy available here: gTLD Acceptable Use and Takedown Policy, which delineates all the types of activity that define abuse and reserves the right of the Registry Operator to take appropriate action based on the type of abuse.

c. You agree to all permissions, authorizations and confirmations required from the Registered Name Holder or any other data subject which are reasonably required by the Registry Operator or registrar of record in order to comply with the terms of paragraph immediately above.

18. Uniregistry domains

Should you seek to register a gTLD from the Uniregistry Registry, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Uniregistry domain registrations. A non-exhaustive list of all Uniregistry gTLDs can be found here.

a. You agree the Registry reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its sole discretion: (1) to correct mistakes made by the Registry or any Registrar in connection with a domain name; (2) for the non-payment of fees by Registrar.

b. You agree to comply with all ICANN standards, policies, procedures and practices as may be adopted or amended from time to time.

c. You agree to comply with all operational standards, policies, procedures and practices for the Registry as established from time to time.

d. You agree to comply with Registry’s Acceptable Use policies and Terms of Service published at the Registry’s website (available here).

e. You understand and agree that Registered Names allocated to Register Name Holders during any Registry sunrise period are non-transferrable for the first 10 years after registration.

f. For the .SEXY TLD, the Registered Name Holder shall not permit content unsuitable for viewing by a minor from the main or top-level directory of a .SEXY domain name.

19. Radix FZC domains

Should you seek to register a gTLD from Radix FZC (“RO”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all Radix FZC domain registrations. A non-exhaustive list of Radix FZC TLDs can be found here: http://radixregistry.com/tlds/generic.php (“Included TLD”).

a. Definitions. The following definitions apply to this Section:

i. “Personal Data” refers to data about any identified or identifiable natural person.

ii. “Premium Domain Name” refers to a domain name designated by the RO, in its sole discretion for non-standard pricing.

iii. “Registry Service Provider” refers to the registry service provider designated and contracted with the RO, or its assigns.

iv. “Registry System” refers to the multiple registrar system operated by RO or its Registry Service Provider for registration of Registered Names in the Included TLD.

v. “Standard Domain Name” refers to the most common type of domain name made available by RO at standard pricing on a first-come, first-served basis in any Included TLD.

b. You acknowledge and agree that RO reserves the absolute right to deny, cancel, delete or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (2) to correct mistakes made by RO or any registrar in connection with a domain name registration, (3) for the non-payment of fees to RO, (4) to protect the integrity and stability of the Registry System; (5) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (6) to avoid any liability, civil or criminal, on the part of RO , as well as its affiliates, subsidiaries, officers, directors, and employees.

c. You agree to comply with all operational standards, procedures, practices and policies for the Included TLD including the Radix Acceptable Use and Anti-Abuse Policy (“AUP”) and all other applicable policies which will be available on the Radix website (http://www.radixregistry.com), established from time to time by RO in a non-arbitrary manner and applicable to all registrars, including affiliates of RO, and consistent with ICANN’s standards policies, procedures, and practices and RO’s Registry Agreement with ICANN for the Included TLD. Additional or revised RO operational standards, policies, procedures, and practices for the Included TLD shall be effective upon ninety (90) days notice by RO to registrar unless mandated by ICANN with a shorter notice period.

d. You agree to be bound by the terms and conditions of the initial launch of the Included TLD, including without limitation the sunrise period and the landrush period, the procedure and process for compliance with ICANN’s rights protection mechanisms including the Trademark Clearing House requirements and any Sunrise Dispute Resolution Policy, and further to acknowledge that RO and/or its service providers have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the landrush period, including, without limitation: (a) the ability or inability of a registrant to obtain a domain name during these periods, and (b) the results of any dispute over a sunrise registration. You further agree that Whois Privacy is not available during the landrush and sunrise periods.

e. You agree to comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations.

f. You acknowledge and agree that registrants who collect and maintain sensitive health and financial data must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.

g. You warrant that no domain name registration within any Included TLD shall be used to distribute malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or other similar activity and providing consequences for such activities including suspension of the domain name. You consent to the use, copying, distribution, publication, modification and other processing of Registrant’s Personal Data by RO and its designees and agents, including data escrow requirements as determined and amended by ICANN from time to time.

h. You acknowledge and provide explicit approval with regards to RO’s pricing and all fees including but not limited to registration, renewal and transfer of domain names.

i. You expressly agree that registration and renewal fees for some domain names in an Included TLD are variable and shall differ from registration and renewal fees for other domain names within that Included TLD. This includes but is not limited to non-standard pricing for Premium Domain Name registration and renewal fees, which differs from the pricing of Standard Domain Names.

j. You agree to indemnify, defend and hold harmless RO, RO’s Registry Service Provider and its subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating in any way, for any reason whatsoever, to the Registered Name Holder’s domain name registration, any breach of the Registration Agreement with registrar and any use of the domain name.

k. You agree to comply with ICANN standards, policies, procedures, and practices for which RO has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN and operational standards, policies, procedures, and practices for the Included TLD established from time to time by RO in a non-arbitrary manner and applicable to all registrars (“Operational Requirements”), including affiliates of RO, and consistent with RO’s Registry Agreement with ICANN, as applicable, upon RO’s notification to registrar of the establishment of those terms and conditions.

20. Top Level Design domains

Should you seek to register a TLD from Top Level Design LLC (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Top Level Design LLC domain registrations. A non-exhaustive list of Top Level Design LLC gTLDs can be found here.

a. You agree the Registry reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its sole discretion: (1) to protect the integrity and stability of the registry system; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, employees, and stockholders; (4) per the terms of this Registration Agreement; (5) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration. The Registry also reserves the right to lock or place on hold a domain name during the resolution of a dispute.

b. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, the procedure and process for compliance with the ICANN Trademark Clearinghouse and any Sunrise Dispute Resolution Policy, and further that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (1) the ability or inability of a registrant to obtain a registered name during these periods, (2) the results of any dispute over a sunrise registration.

c. You agree to comply with the operational standards, policies, procedures and practices as established by the Registry, including without limitation the Registry’s service provider policies, available here, and the Registry’s policies, available here.

d. You agree to comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations.

e. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which the Registry has monitoring responsibility.

f. You agree that if you collect and maintain sensitive health and/or financial data, you will comply with applicable laws on the provision of such services and including security measures applicable to that sector.

g. You agree that the TLD may have non-uniform pricing and the cost of initial registration may differ from the cost of renewal.

For common questions about Domains, the Renewal process, or general maintenance and support, please visit: https://my.bluehost.com/cgi/help/domains-faq

For current Domain Renewal and Redemption fees please visit: https://my.bluehost.com/cgi/help/pricing-domains

For current Registrant Educational Information and Registrants’ Benefits and Responsibilities please visit: https://my.bluehost.com/cgi/help/choosing-a-domain-name#additional-information

This file was last modified: August 26, 2021

Anti-SPAM Policy

1. Bluehost maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).
   
   It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link:http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business
   http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business

2. You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:

A. Use or contain invalid or forged headers

B. Use or contain invalid or non-existent domain names

C. Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path

D. Use other means of deceptive addressing

E. Use a third party’s Internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party

F. Contain false or misleading information in the subject line or otherwise contain false or misleading content

G. Fail to comply with additional technical standards described below

H. Otherwise violate Bluehost’s User Agreement, AUP and other Terms of Service

3. Bluehost does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. Bluehost does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Subscribers or users, including but not limited to Subscriber e-mail addresses, which are Bluehost’s confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service.

4. Bluehost does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party’s use and enjoyment of any Bluehost product or service.

5. We monitor for SPAM all traffic to and from our servers. Customers suspected of using Bluehost’s products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is Bluehost’s policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.

6. Subscribers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Bluehost may consider the lack of such proof of explicit affirmative permission of a questionable mailing.

7. Subscribers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.

8. Subscribers are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services.

9. It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use Bluehost systems, networks or resources. E-mail not in compliance with this policy – regardless of source – which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of Bluehost is prohibited.

10. If Bluehost believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Bluehost may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

11. Bluehost reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a Subscriber without any notification. In addition to any and all other rights hereunder or otherwise, if a Subscriber is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in Bluehost’s sole judgment, which could disrupt Bluehost’s business operations, Bluehost reserves the right to charge such Customer an administrative fee equal to $100.00 per each piece of SPAM sent.

12. To report an incidence of SPAM, please send an e-mail to tos@bluehost.com.

13. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of Bluehost’s rights.

14. Unauthorized use of Bluehost’s network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) and other state and federal laws.

This file was last modified: August 26, 2021.

USER GENERATED CONTENT TERMS AND CONDITIONS

Congratulations! You’ve arrived at this page because you’ve posted something that we think is great!

These User Generated Content Terms and Conditions (“Terms” or “Agreement”) describes the terms and conditions under which Bluehost, Inc. and its parent or affiliates (hereinafter referred to as “we”, “us”, or “our”) may use the content created and publicly posted by you to social media (“Content”), including but not limited to Facebook, Instagram, Twitter, Tumblr, or Pinterest (hereinafter referred to as “Social Media”). We’ve reached out to you to get your permission to use this Content pursuant to the terms of this Agreement. The term “Parties” shall mean both you and us.

We just need you to confirm a few things before we use your Content: 

1. Please respond to the message we sent you or the comment we left for you on Social Media in any affirmative manner, including a reply with the hashtag that was included in our message or comment. If your Content is selected by us, it may be displayed or appear on our website or other marketing, advertising, or promotional material in accordance with our Privacy Notice located here: https://www.endurance.com/privacy/privacyhttps://newfold.com/privacy-center.

2. You hereby represent and warrant to us that:

• You are eighteen (18) years of age or older;

• You have full control and authority to agree to these Terms;

• You have read and agree to these Terms;

• The Content is your original creation and you own or otherwise control the rights to it;

• You did not take the Content from another website, social media post, or anywhere else;

• The Content does not violate the rights of any person, entity, or applicable law;

• The Content does not contain anything illegal or offensive;

• Our use of your Content pursuant to these Terms will not now nor in the future require any payment to any person or entity;

• You agree that we are not obligated to use the Content and that we may use and/or remove the Content in our sole discretion;

• Use of the Content does not imply or create any affiliation with or endorsement of you or your Social Media profile;

• Our use of the Content does not require a license, authorization, or consent by any other person or entity, including from any person or entity that may appear in the Content;

• Your Content does not infringe the rights of any third parties, including, but not limited to, intellectual property, copyrights, trademarks, publicity, privacy, patents, or trade secrets; and

• You consent to our collection of any personal data you provide to us in connection with the use of your Content. If you do not agree to the collection, use and disclosure of your personal information in accordance with our Privacy Notice, please do not provide us with personal information or agree to these terms. 

Using your Content

You hereby grant to us an unlimited, non-exclusive, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sub-licensable license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Content in whole or in part, along with the right to use your name and any other type of identifying information, including but not limited to any Social Media handle, profile picture, image, likeness, posts, statements or other information provided by you, in any form, media, or technology, whether currently known or hereafter developed in connection with the terms of this Agreement.

Indemnification

You shall be liable for and agree to indemnify us against any and all claims, causes of action, damages, or expenses that are incurred by us to the extent caused by your breach of this Agreement or any breach by you of your obligations or warranties set forth under this Agreement.

Limitation of Liability

You acknowledge and agree that we are not responsible for, and have no liability for any use of your Content. You agree to hold us harmless and release us, along with our respective officers, directors, employees, agents, assigns, licensees and successors, from any and all claims, demands, or causes of action that you or any persons acting on your behalf may have, whether now or in the future, relating to the use of your Content, including without limitation, any claims of defamation, invasion of privacy, rights of publicity, copyright, or any other type of claim at law or in equity.

Miscellaneous

This Agreement constitutes the entire agreement between the Parties and these terms shall supersede any prior agreement whether written or oral.

Any failure on our part to exercise or delay any rights or remedy under this Agreement shall not waive that right or remedy hereunder.

This Agreement is governed by the laws of the State of Utah. If any provision is found to be unenforceable, such provision will be limited to the minimum extent necessary so that the remaining terms remain in full force and effect.

We reserve the right to alter these terms without advance notice by posting revised Terms. Accordingly, you should review the current Terms each time you grant permission or authorization to us to feature your Content. 

Domain Name Dispute Policy

1. Bluehost is not responsible for resolving any domain disputes. If you have a complaint about the issue of ownership or wording of the domain name itself (as opposed to the content hosted on the associated website), that matter will need to be taken up with the domain name owner directly, or should be filed in a UDRP or court proceeding. Our internal policies, as well as ICANN regulations, prevent us from acting as the arbiter of domain name disputes; we are only able to assist with complaints regarding the content of a hosted website (as opposed to the wording of the domain name registered).

2. ICANN’s Uniform Domain Name Dispute Resolution Policy (the “UDRP”) is a method for resolving domain disputes relating to abusive domain registrations (for example, cybersquatting or trademark infringement). Please refer to http://www.icann.org/en/help/dndr/udrphttp://www.icann.org/en/help/dndr/udrp for more information.

This file was last modified: August 26, 2021.

Data Request Policy

1. Privacy Notice. Please see Bluehost’s Privacy Policy for further information on what information Bluehost collects, how it is used and when it may be disclosed. Subject to Bluehost’s https://www.endurance.com/privacy/privacyPrivacy Notice, this Data Request Policy describes the types of data requests that Bluehost may receive and how Bluehost may respond to such requests.

2. Types of Requests. Bluehost may receive the following types of requests concerning its Subscribers:

a. Data Requests. A data request is a request for information or documents relating to Subscriber accounts in connection with official criminal investigations or other legal proceedings. Except in limited emergency situations (see below), Bluehost requires data requests to be made through formal U.S. legal process and procedures, and such requests will be handled in accordance with applicable law. Examples of acceptable data requests include:

i. Subpoenas 

ii. Court Orders

iii. Search Warrants

iv. Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States

v. Other forms of legal process such as Civil Investigative Demands

b. Preservation Requests. A preservation request asks Bluehost to preserve Subscriber account records in connection with official criminal investigations or other official legal proceedings. Bluehost will preserve the Subscriber account records for the time frame specified in the data request or, if no specific preservation period is provided, Bluehost will preserve the data for 90 days. Unless otherwise expressly provided, the preserved Subscriber account records may be permanently deleted from our servers after 90 days. Preservation requests must include the following information:

i. Identification of the account(s) at issue (as further described in Section 6 below);

ii. Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead);

iii. Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that Bluehost is being asked to preserve; and

iv. A valid return email address and phone number.

3. Emergency Requests. An emergency request is only appropriate in cases involving imminent serious bodily harm or death. We respond to emergency requests when we believe in good faith that such harm may occur if we do not respond without delay.

4. Disclosure of Non-Public Domain Registrant Information. As the sponsoring registrar or reseller of certain domain names governed by the Internet Corporation for Assigned Names and Numbers (“ICANN”), Bluehost must permit third parties with a legitimate interest to access masked (non-public) registrant information subject to the data subject’s rights under the General Data Protection Regulation (“GDPR”) or other similar privacy laws as applicable.

5. Notice to Bluehost Subscribers. Bluehost’s policy is to notify its Subscribers of requests for their data unless Bluehost is prohibited from doing so by applicable law or court order.

6. Information to Include in a Request. The following information must be included in a request for Subscriber data:

a. First and last name of the Subscriber and email address associated with the account; and

b. Domain name, username and/or IP address associated with the account.

NOTE: A Request that only includes an IP address may be overly broad and insufficient for Bluehost to locate a Subscriber account. Please include additional identifiers such domain name or username whenever possible.

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

Additionally, Bluehost reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to any pending litigation, formal legal proceeding or investigation.

7. Sending a Request to Bluehost. All data requests should be sent to:

Bluehost 
Legal Department 
5335 Gate Pkwy 
Jacksonville, FL 32256  

Phone: (602) 716-5396 (M-F 7am – 3:30pm MST)

Fax: (781) 998-8277

E-mail: legal@bluehost.com

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM BLUEHOST, PLEASE SUBMIT A DUPLICATE COPY VIA MAIL. DUE TO THE VAGARIES OF THE INTERNET AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING THE OCCASIONAL UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY BLUEHOST AND ACTED ON IN A TIMELY MANNER.

8. Fees. Bluehost may seek reimbursement for costs in responding to requests as provided by law and may charge additional fees for costs in responding to unusual or burdensome requests.

9. Available Information. Subject to receiving a valid request, Bluehost may provide data as follows:

a. Non-Content. Bluehost will produce non-content information such as basic Subscriber information which may include the following:

i. Name

ii. Email address

iii. Date and time of account creation

iv. Billing information

v. IP Logs

b. Content. Bluehost will only produce Subscriber content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.  

This file was last modified: January 21, 2022.

Copyright Claims Policy

1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Bluehost Inc. (“Bluehost”) system or Web site should be sent ONLY to our Designated Agent.
NOTE: The Following Information is provided solely for notifying Bluehost that your copyrighted material may have been infringed.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

2. Written notification must be submitted to the following Designated Agent:

Bluehost
ATTN: Legal Department
1500 N Priest Drive, Suite 200
Tempe, AZ 85281
Fax: 781-998-8277
E-mail: legal@bluehost.com

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # 801-765-1992). DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

3. Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include ALL of the following:

A. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.

B. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.

C. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page with description of items on that page claimed to be infringing).

D. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).

E. Statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”

F. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

4. Upon receipt of notification of a claimed infringement, Bluehost will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, regardless of whether the material or activity is ultimately determined to be infringing; if selective action is not possible, Bluehost will terminate the alleged infringer’s Internet access.

Bluehost will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material (see Sections 512(c)(1)(C) and (g) of the DMCA).

5. Upon receipt of notice from Bluehost that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, the Subscriber may provide a Counter Notification.

To be effective, a Counter Notification must meet ALL of the following requirements:

A. It must be a written communication;

B. It must be sent to the Service Provider’s Designated Agent;

C. It must include the following:

i. A physical or electronic signature of the Subscriber;

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

iii. A statement, under penalty of perjury, that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

iv. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber’s address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

6. Upon receipt of a Counter Notification from the Subscriber containing the information as outlined above, Bluehost will:

A. Promptly provide the Complaining Party with a copy of the Counter Notification

B. Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days following receipt of the Counter Notice;

C. Replace the removed material or cease disabling access to the material in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, provided Service Provider’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider’s network or system.

7. CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

This file was last modified: August 26, 2021.

Ownership Changes and Disputes

1. Access and Control Policy.

When a new account or domain, as applicable, is registered with or transferred to Bluehost or with one of its affiliates, the process requires and results in the creation of the following within the records of Bluehost, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.

A. If a person contacts Bluehost and claims that he or she is entitled to access to an account, website, or domain registered with Bluehost or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), Bluehost will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered; ii) email address of the person who originally registered; iii) the user name of the person who originally registered, if possible; iv) the associated payment information, such as a bank statement displaying the payment & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said payment medium (mandatory). Otherwise, Bluehost will not give access and control to a claimant unless Bluehost is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring Bluehost to give such access and control to said claimant or unless there is submitted to Bluehost at legal@bluehost.com a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of Bluehost or of its affiliates shall not be deemed effective to give notice to Bluehost or its affiliates of any changes in said access or control.

B. Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against Bluehost arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases Bluehost from all liability and all claims for damages or any other liability whatsoever that may arise out of Bluehost’s following said policy and procedure.

2. Transfer of Ownership.

Bluehost is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with Bluehost or its affiliates. By accessing Bluehost’s system, registering, or using any of the services provided by Bluehost, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with Bluehost or any of its affiliates are subject to the terms and conditions of this section of these Terms.

A. Bluehost will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with Bluehost or its affiliates only in the event that at least one of the following occur: i) there is received by the Compliance Manager ( legal@bluehost.com) a written statement (in a form acceptable to Bluehost or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) Bluehost is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring Bluehost (or affiliate) to transfer such ownership to said claimant.

B. Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within Bluehost; and, further, that any other changes made directly by Subscriber or by others within the online records of Bluehost or of its affiliates shall not be deemed effective to give notice to Bluehost or its affiliates of any changes in said ownership.

3. Disputing Site or Account Ownership.

Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by Bluehost or in an associated Bluehost account. Bluehost is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by Bluehost or in an associated Bluehost account, and, in Bluehost’s sole judgment, there is not certainty as to the ownership of or rights in said site or account, then Bluehost will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Bluehost of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what Bluehost, in its sole judgment, deems to be a reasonable time, then Bluehost, at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Utah, file an interpleader action in a court of competent jurisdiction within the State of Utah for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse Bluehost for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to Bluehost under this section shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached.

4. Notification of Transfer of Hosting Account Ownership.

Pursuant to Paragraph 2 above, the form found here may be used to notify Bluehost of a change in ownership of a hosting account. Please note that any changes to the owner and/or billing information stored in the account control panel must be changed by the Transferor or the Transferee. Bluehost will not be liable for any inability to access the account due to a failure to release access information. Filing this form with Bluehost does not guarantee any changes. Bluehost reserves the right to accept or reject the request for any reason in its sole and absolute discretion.

This file was last modified: August 26, 2021.

Professional Services Agreement

NOTICE: On 29/06/2021, we revised the Professional Services Agreement to make the terms easier to read and understand. If you have any questions about the below terms, please contact us.

This PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is an agreement between Bluehost (“Company” or “we”) and you (“Customer” or “you”) and applies to all professional services purchased by you (collectively, the “Services”) in connection with your website hosted by Company (the “Website”).

PLEASE READ THIS AGREEMENT CAREFULLY.  BY PURCHASING THE SERVICES YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION,  THE USER AGREEMENT, PRIVACY NOTICE AND OTHER APPLICABLE POLICIES LOCATED AT: https://www.bluehost.com/terms/user-agreement 

1. OTHER SERVICES

A. The following terms apply to the Services listed below:

i. Website Transfer Agreement

ii. Blue Sky Addendum

2. TERM AND TERMINATION

A. Term. The initial term of the Services purchased by you will be for the time period set forth in the confirmation email sent to you when you order the Services (the “Initial Term”). Unless you cancel prior to the end of the Initial Term, the Services will automatically renew on a monthly basis (each a “Renewal Period”). Please note that some Services may require a minimum term commitment as set forth in your confirmation email (the “Minimum Term”). The “Term” of this Agreement shall include the Initial Term, any applicable Minimum Term and any Renewal Periods.  Given the nature of the Services (including, for example, website design and marketing services) and the Customer input required (as further described in Sections 4 and 6 below), we cannot guarantee that the Services will be completed by a specific date but we will use commercially reasonable efforts to perform the Services in an efficient and timely manner.

B. Automatic Renewal. To avoid any inadvertent disruption to service, the Services automatically renew. You acknowledge, agree, and authorize us to automatically bill the applicable Fees (as defined in Section 8) and charge your credit card or other payment method on file up to fourteen (14) days prior to the end of each Renewal Period, unless you terminate or cancel the Services prior to such charge.  In the event that the Services you purchase include a Minimum Term, upon completion of the Minimum Term, this Agreement will automatically renew for subsequent Renewal Periods.

C. Termination.  Subject to Section 8(b) (if applicable), you may terminate or cancel the Services you purchased at any time during the Term by giving Company notice by phone. The cancellation request is subject to Company’s verification of account ownership. You are obligated to pay all Fees and charges accrued prior to the effectiveness of any cancellation.  Company may terminate this Agreement with immediate effect if Customer: (i) fails to pay any Fees due hereunder; (ii) fails to cooperate with Company or hinders Company’s ability to perform the Services; or (iii) breaches the terms of this Agreement.  Further, a termination of Customer’s underlying hosting account will result in the termination of this Agreement.  If Customer terminates this Agreement prior to the completion of any applicable Minimum Term, Company may charge Customer an early termination fee as described in Section 8 below.

3. SCOPE OF SERVICES

A. Scope of Work. Company agrees to provide the Services in accordance with the Services descriptions available on the Company’s website and the scope outlined in the welcome email sent to you.

B. Changes to Order. Any changes to the scope of website design or marketing services must be documented in writing and submitted through Company’s ticketing system (“Change Order”).  In the event of a conflict between the terms of this Agreement and a Change Order, the terms of this Agreement shall govern.

4. CUSTOMER RESPONSIBILITIES

You agree to perform all tasks required and to provide all necessary assistance and cooperation to Company in order to complete the Services in a timely manner.  It is solely your responsibility to provide: (i) any assets or materials to be used in the initial build of the Website within three (3) business days of your initial consultation as further detailed in Section 6(B),  and (ii) any compatible equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of Company’s obligations under this Agreement may depend upon your performance of your obligations, Company is not responsible for any delays due to your failure to perform your obligations in a timely manner.  

5. LICENSE GRANT

Solely for purposes of providing the Services, you hereby grant to 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, photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, intellectual property, or material (whether written, graphic, sound, or otherwise) you provide, including without limitation, your logos and trademarks (collectively, “Customer Content”); and (ii) make archival or back-up copies of the Customer Content and the Website.  Except for the rights expressly granted above, Company is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with you.

6. WEBSITE DESIGN

A. Design Specifications. Website design services shall be provided in substantial conformity with reasonable specifications provided by you to Company and within the scope of work provided by Company to you in the purchase confirmation email.

B. Content Delivery. You must provide Company with the complete Customer Content for all web pages of the Website within three business  (3) days following the date of your onboarding call with our Professional Services team.  If you do not submit complete Customer Content by the deadline, Company will use content licensed from third parties to build your Website. Further changes to the Website may be made in accordance with the revision process described in Section 6(D) below.

C. Launch Phase. Upon Company’s completion of the initial design of the Website, we will contact you to arrange a call to review and obtain your approval to launch the Website. If you are not ready to launch the Website, we will provide you with instructions to launch the Website when you are ready.

D. Revision Process.  After Company’s completion of the initial design of the Website, you may submit requests to make revisions to the Website. Revisions will only be made to web pages designed by the Company during the Term.

E. Accessibility of Website During Construction. The Website will be accessible to you through your hosting account file manager during construction. However,  you should not make any changes to the prototype during the construction phase unless instructed to do so by us.  Altering files during website construction may cause delays in the completion of the Website.

F. Copyright to Website. You acknowledge, understand and agree that Company may use third party products and services to design and develop the Website, including, for example, server-side applications, clip art, “back-end” applications, music, stock images, or other licensed copyrighted work (collectively, “Third Party Assets”).  You further acknowledge, understand and agree that any Third Party Assets used to design and develop the Website are owned by Company or its licensors and cannot be transferred to you, and are hereby expressly not transferred to you. As between Company and you, all Third Party Assets shall remain the property of Company or its licensors.  You are prohibited from removing any metadata from any Third Party Assets and from using any Third Party Assets on a stand-alone basis separate from the Website.  Third Party Assets may also be used in the design and development of websites for other Company customers.  Company and its licensors expressly retain the right to display graphics and other web design elements of the Website as examples of their work in their respective portfolios.

G. Prohibited Content.  In addition to the terms of Company’s Acceptable Use Policy, the following content and activity, as determined by Company in its sole discretion, is prohibited on Company’s web servers and Company will not knowingly include any of the following in the Website or in Customer’s directory: (i) text, graphics, sound, or animations that might be viewed as obscene or illegal; (ii) links to other websites that might be viewed as obscene or related in any way to illegal activities; or (iii) destructive elements or destructive programming of any type.

H.Website Maintenance.  The Services include maintenance of the Website during  the Term. Website maintenance includes design revisions (as described in Section 6(D) above), plugin configuration, and general support for assets created solely by the Company. The customer is solely responsible for maintaining all aspects of the Website after the Term.  The completion date of the Website is stated in the Customer’s account.  Any changes to the Website requested by Customer outside the scope of the Services set forth in this Agreement, the onboarding call, or any Change Order, are solely the Customer’s responsibility. 

7. MARKETING SERVICES

A. Services. Depending on the Services you purchase, Company may provide one or more of the marketing services described below.

i. Managed Local Lift Services. Company may provide managed Local Lift services to help you manage your business listings across various search engines and social media platforms (“Managed Local Lift”) pursuant to the terms of your purchase.  In connection with Company’s provision of the Managed Local Lift services, you are required to maintain a Local Lift account during the Term and you authorize Company to update directory listings for business name, address, phone number, hours of operation and other business-specific information required for the Managed Local Lift services. Once a directory listing is updated with the information from your Managed Local Lift profile, you authorize Company to take commercially reasonable measures to prevent the information in your listings from being overwritten by a third party during the Term.  Please note that upon the termination or expiration of the Term, Company will no longer have access to update your business information and your directory information may be overwritten at any time.

ii. SEO Services. In connection with Company’s provision of search engine optimization services (“SEO Services”), you authorize Company to build backlinks through article writing and social bookmarking to influence the ranking of the Website on certain search engines. SEO Services are intended to obtain preferential positioning for the Website in selected search engines.

iii. Pay Per Click Services. In connection with Company’s provision of pay per click services (“PPC Services”), you authorize Company to use relevant keywords and/or phrases for positioning the contents of the Website in Google’s ad network. PPC Services are intended to obtain preferential positioning for the Website on search engines and/or social media platforms.

iv. Social Lift Services. In connection with Company’s provision of Social Lift services, you authorize Company to use relevant Customer Content and images for branding, social engagement, and/or driving traffic to the Website in Facebook and Twitter. Social Lift services are intended to create/build brand awareness, engage followers, and bring traffic to the Website via social networks.

v. Reporting. Company will report results for SEO, PPC, and Social Lift Services on a regular basis.

B. Customer Acknowledgements. You understand, acknowledge and agree that: 

i. Company has no control over the policies of search engines or directories with respect to the type of websites and/or content that they accept now or in the future. The Website may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. Company will resubmit those web pages that have been dropped from the index but cannot guarantee that they will be accepted by the search engine.

ii. Some search engines and directories may take two (2) to four (4) months or longer after submission to list the Website. Certain search engines and directories may stop accepting submissions for an indefinite period of time. Certain search engines and directories may drop listings for no apparent or predictable reason. Often a listing will “reappear” without any additional submissions. Should the listing not reappear, Company will re-submit the Website based on the current policies of the search engine or directory. Certain search engines and directories may offer expedited listing services for a fee. You are responsible for all expedited service fees unless otherwise expressly stated and such fees will only be incurred with your prior approval.

iii. In the event that you have purchased both website design and marketing services from Company, the marketing services will not commence until the website design portion of the Services is completed with the Website launch.

C. Website Changes. Company is not responsible for any Website changes not made by Company that adversely affect the search engine or directory rankings of the Website.

D. Additional Marketing Services. Additional marketing services may be provided by Company for an additional cost, including for example, re-constructing meta-tags, keywords, and content.

8. FEES

A. Fees. The fees for the Services shall be presented to you at the time of your purchase and also set forth in the confirmation email (the “Fees”).

B.Early Termination Fee.  If you terminate this Agreement prior to the completion of any applicable Minimum Term, Company may charge you an early termination fee in an amount equal to the Fees due for the number of whole months remaining in the Minimum Term at the time of termination, not to exceed three hundred dollars ($300) (the “Early Termination Fee”).

C. Project Abandonment. If after repeated attempts to begin, continue, or finalize the website design or marketing Services, you fail to participate, or become otherwise unresponsive to Company’s requests for a period of two (2) months or longer, the project may be considered abandoned and no refunds of any kind will be provided.

D. Hosting Payments.  You must maintain the hosting account(s) connected with the Website in good standing. Any delays by Company in delivering the Services will not be a reason to delay payment for hosting services.  If your hosting account becomes past-due, Company may delay or suspend the Services until the account is in good standing.  Failure to pay for hosting services may also result in cancellation of the Services without a refund.

E. Automatic Renewals. By purchasing the Services, you agree to allow Company to place your account on a recurring payment plan. The account will automatically be re-billed according to the term length of the Services you select in your initial purchase.  The Fees will automatically be re-billed up to fourteen (14) days prior to the payment date for each Renewal Term unless you cancel.  You may cancel the Services you purchased at any time during the Term by giving Company notice by phone.   

F. Refunds.  Unless otherwise specifically stated in this Agreement, the Fees for the Services are nonrefundable.  In the event that Company terminates this Agreement, you shall receive a prorated refund of any prepaid Fees for the then current Term, provided that such termination is not a result of your breach of this Agreement or Company’s terms of service.

9. REPRESENTATIONS AND WARRANTIES

A. Company Representations and Warranties.  Company represents and warrants that the Services will be provided consistent in all material respects with the applicable Services descriptions available on the Company’s website. Your sole and exclusive remedy, and Company’s sole obligation, for breach of the foregoing warranty shall be for Company, at its option, to re-perform the defective Services at no additional cost to you.  The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Company’s reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer’s equipment or any third-party equipment not within Company’s sole control.

B. Disclaimer. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.”  EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, COMPANY AND ITS 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, FOR THE SERVICES PROVIDED HEREUNDER. COMPANY AND ITS 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. COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIM 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.  

C. Customer Representations and Warranties. You represent and warrant that any Customer Content that you provide to Company for inclusion in the Website or use of the Services is owned by you, or you have permission from the rightful owner to use such intellectual property, and you will hold harmless, protect, and defend Company and its subcontractors from any claim or suit arising from Company’s use of the Customer Content as set forth this Agreement.

10. COMPLIANCE WITH LAWS

You agree that you are solely responsible for complying with all applicable laws, taxes, and tariffs in connection with your use of the Services and the Website, including without limitation those affecting Internet electronic commerce, and will hold harmless, protect, and defend Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from your use of the Services or the Website.

11. LIMITATION OF LIABILITY

A. IN NO EVENT WILL COMPANY OR 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, INCLUDING FROM ANY INTERRUPTION OF SERVICES, EVEN IF COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 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 FEES YOU PAID TO COMPANY FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  THIS IS AN AGGREGATE LIMIT.  THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

12. 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.

13. RELATIONSHIP OF PARTIES

Company and Customer are independent contractors and nothing contained in this Agreement places Company and Customer 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.

14. ASSIGNMENT

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

15. 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 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 of this Agreement.

16. MODIFICATION BY COMPANY

A. Modification of Services. Company reserves the right to modify, change, or discontinue any aspect of the Services at any time, provided that you will be notified in advance of any material change and given the opportunity to cancel without penalty in the event you do not agree to such change.

B. Modification of Agreement.  Company may in its sole discretion change or modify this Agreement at any time.  We will post a notice of any significant changes to this Agreement on the Company website for at least thirty (30) days after the changes are posted and will indicate on 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, together with any options you may have to accept or reject such changes where required by law or as otherwise made available. If no effective date for the changes 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 or any changes made to this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your Services. 

17. SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

18. ENTIRE AGREEMENT

This Agreement, including documents incorporated herein by reference, constitutes the entire understanding of the parties in connection with the Services, and revokes and supersedes all prior agreements between the parties with respect to the matters covered hereby.

This file was last modified: August 26, 2021.

Website Transfer Agreement

1. General Information

Bluehost Inc., hereafter referred to as Bluehost Website Transfer, provides the following terms of service. By using Bluehost’s service(s) you, hereafter referred to as Client, agree to the following terms and conditions. This document outlines the terms and conditions of Bluehost’s services, hereafter referred to as Service, the obligation of the Client and the obligation of Bluehost. Please review this document carefully before requesting Bluehost’s Service. Bluehost Website Transfer provides its Service to the Client as subject to the following Terms of Service, hereafter referred to as TOS. The TOS may be updated at any time without notice to the Client.

2. Refusal of Service

Bluehost Website Transfer reserves the right to refuse service to anyone for any reason. This includes, but is not limited to, refusal to serve clients whose sites contain content deemed adult related, sexual products, nudity, persecution, slander, illegal activities, illegal goods or drugs, information used to harm any people or animals, or information used to destroy other peoples intellectual property.

3. Confidential Information

Bluehost Website Transfer will not use or disclose to others without Client’s written consent Client’s confidential information, except when reasonably necessary to perform the Service under this Agreement. “Confidential information” includes, but is not limited to:

A. The written, printed, graphic or electronically recorded materials furnished by Client for use by Bluehost

B. Client’s business plans, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries and improvements of any kind

C. Any written or tangible information stamped “confidential,” “proprietary” or with a similar legend, and

D. Any written or tangible information not marked with a confidentiality legend, or information disclosed orally to Bluehost, that is treated as confidential when disclosed and later summarized sufficiently for identification purposes in a written memorandum marked “confidential” and delivered to Bluehost Website Transfer within thirty days after the disclosure.

E. Bluehost Website Transfer shall not be restricted in the use of any material which is publicly available, already in Bluehost’ possession or known to Bluehost Website Transfer without restriction, or which is rightfully obtained by Bluehost Website Transfer from sources other than Client.

F. Bluehost’s obligations regarding proprietary or confidential information extend to information belonging to customers and suppliers of Client about whom Bluehost Website Transfer may have gained knowledge as a result of Bluehost’s Service to Client.

G. Bluehost Website Transfer will not disclose to Client information or material that is a trade secret of any third party.

H. The provisions of this clause shall survive any termination of this Agreement.

I. Please see our privacy and non-disclosure policies for additional information.

J. Bluehost Website Transfer may transfer information about Clients if Bluehost Website Transfer is acquired by or merged with another company, in which case Bluehost Website Transfer will notify Client.

4. Services

Client understands and agrees to the following scopes of responsibility of Bluehost Website Transfer according to each service which it provides:

A. Website Transfer

The Website Transfer includes the migration of Client data, specified as files, databases and and email accounts, to the extent paid for by Client according to Bluehost’s current migration service pricing. This service is provided “AS-IS” and Bluehost Website Transfer assumes no responsibility for the errors, omissions, or other problems related to the Website Transfer Service.

B. Data Storage

This service provides as place of storage for Client’s data for the stated period of time which the Client chooses upon signing up for this service. Bluehost Website Transfer assumes no responsibility for any loss or corrupted data caused by or in connection with this service.

5. Duties of Client

Client must supply to Bluehost Website Transfer at the time of entering this Agreement information required to access and complete the Service in this Agreement. This includes but is not limited to, Internet Protocol (IP) address of server, completion of authorization statement, password and other information required to complete the Service. Client shall inform Bluehost Website Transfer of any existing errors, previous conditions, configuration changes, non-standard software, special circumstances or other reasons why the server may not be of a standard configuration or otherwise interfere with Service to be performed by Bluehost, failure to do so negates all responsibility of Bluehost Website Transfer to complete the Service. In the event that a Client with an open project does not make contact, by phone or by email, with Bluehost Website Transfer for a length of time equal to or greater than fourteen days, said Client’s open project will be considered an abandoned project at that time and marked as completed by Bluehost. In addition, the Client must make known to Bluehost, in writing by email, any problems or issues related to the Service provided by Bluehost Website Transfer within fourteen days of order completion if Bluehost Website Transfer is to attempt to fix any errors, after which time the contract is complete, and no further work can or will be completed by Bluehost. Client agrees by signing up for Bluehost’s Service that Bluehost Website Transfer provides a service and not a product.

6. Billing Policy

Client agrees to pay fees for any work or consultation which Bluehost Website Transfer performs for them in accordance with Bluehost’s current pricing.

7. Refunds

Website Transfer is a service, not a product. Full refunds are only available if there have been no services rendered to the Client.

8. Charge Backs

Because the Website Transfer is a service and not a product , full refunds are not available once any kind of service has been rendered to Client. Bluehost Website Transfer prefers working with customers rather then seeing a Charge Back. If Client will contact Bluehost’s billing department instead of issuing a charge back, then Bluehost Website Transfer can work with Client to achieve a desired results or an appropriate compromise. Client agrees that a maximum amount of fifty percent of the fees charged to Client for the Service in question during a Charge Back can ever be reimbursed to the Client. Client also agrees that a seventy-five dollar fee per charge back will be charged as a separate charge for any Charge Backs that Client issues.

9. Independent Contractor

The parties acknowledge that they are independent of each other, and that they have no right or authority to assume or create any obligations of any kind, whether express or implied, on behalf of the other except as may be expressly provided in this Agreement. Bluehost Website Transfer is not an employee or agent of Client. Nothing contained in this Agreement shall be construed to create a partnership, joint venture, agency or employment relationship between Bluehost Website Transfer and Client. Bluehost Website Transfer shall have no responsibility for any of Client’s debts, liabilities or other obligations or for the intentional, reckless, negligent or unlawful acts or omissions of Client or Client’s employees or agents. Client may not bind Bluehost Website Transfer in any way whatsoever with respect to third parties. Bluehost Website Transfer retains sole and absolute discretion, independence, control and judgment in the manner and means of doing business and performing services to Client and/or its clients. Client agrees to indemnify and hold Bluehost Website Transfer harmless from and against any such payments or liabilities for which Client may become liable with respect to such matters.

10. Liability

Client agrees that Bluehost Website Transfer shall not be responsible or liable, directly or indirectly, for any damage or loss caused by, or alleged to be caused by, or in connection with the use of or reliance on any content, goods or Service available on or through Bluehost’s website or Service. Client understands and agrees that Bluehost Website Transfer shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Bluehost Website Transfer has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the Service; (ii) The cost of procurement of substitute goods and Services resulting from any goods, data, information, Service, whether purchased or obtained, or messages received or transactions entered into through or from the Service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party of the Service; or (v) any other matter relating to the Service.

11. Governing Law

These Terms shall be governed by the laws of the State of Utah without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Bluehost, the subscriber, hereafter referred to as Subscriber, agrees that all disputes, if any, involving Bluehost Website Transfer shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Utah; provided, further, that all action brought against Bluehost Website Transfer in State Court must occur in the Utah County, Utah and, if in Federal Court, in Salt Lake County, Utah. Subscriber hereby agrees that it is subject to the “in personam” jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Bluehost. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under Utah’s long arm statute or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against Bluehost Website Transfer outside the State of Utah; and, that Subscriber, if involved before a court in a lawsuit outside of the State of Utah, shall be deemed to support and to stipulate to a motion made by Bluehost Website Transfer to dismiss said lawsuit with respect to Bluehost.

12. Copyright, Trademarks, Servicemarks

bluehost.com, the Bluehost Website Transfer logo, other Bluehost Website Transfer logos, product and service names are trademarks or service marks of Bluehost. Bluehost Website Transfer does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the “Materials”) contained on, distributed through, or linked, downloaded or accessed from any of the Services, nor the quality of any products, information or other materials displayed, purchased, or obtained by the Client as a result of an advertisement or any other information or offer in or in connection with the Service (the “Products”). Client hereby acknowledges that any reliance upon any Materials shall be at the Client’s sole risk. Bluehost Website Transfer reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in any portion of the Service or the Materials.

Bluehost Website Transfer reserves all rights to work product. Work product includes, but is not limited to, the programs and documentation, including all ideas, routines, object and source codes, specifications, flow charts and other materials, in whatever form, developed solely for Client. Client agrees that Bluehost Website Transfer shall retain any and all rights Bluehost may have in the work product.

The use of the Bluehost name, logo, or other identifying features is prohibited. If Client or anyone else wishes to use the Bluehost Website Transfer name or logo, they must have permission of Bluehost.

13. License to bluehost.com

bluehost.com claims no ownership interest in the content of Subscriber’s web site(s). By submitting content and data to bluehost.com, Subscriber grants to bluehost.com, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber’s copyrights and other rights, if any, in all material and content displayed in Subscriber’s web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on bluehost.com’s servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber’s cancellation of the Services.

14. Warranty

The Service provided by Bluehost Website Transfer is on an “AS-IS” basis, and Bluehost Website Transfer expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the Service or any materials and products. In no event shall Bluehost Website Transfer be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service, the materials and the products.

15. Scope of Agreement

This TOS constitutes the entire agreement between the Client and Bluehost Website Transfer and governs the Client’s use of the Service, superseding any prior agreements between Client and Bluehost. Client also may be subject to additional terms and conditions that may apply when the Client uses affiliate services, third-party content or third-party software. The TOS and the relationship between Client and Bluehost Website Transfer shall be governed by the laws of the State of Utah and the United States of America without regard to its conflict of law provisions. The failure of Bluehost Website Transfer to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, Bluehost Website Transfer and Client agree that the other provisions of the TOS remain in full force and effect. Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one month after such claim or cause of action arose or be forever barred.

16. Acceptance of Terms of Service

If you (Client), for yourself or on behalf of one or more persons you are representing with respect to Bluehost’s Services, do not agree to any of the foregoing terms, you must, for yourself and on behalf of any such person(s), discontinue the sign-up process, and, if you have already signed up, discontinue your use of Bluehost’s Service. Beginning now, any continuation by you in using the Service constitutes for you and those represented by you an express affirmation and commitment to be (or to continue to be, as applicable) legally bound by and to comply with all of these terms.

This file was last modified: August 26, 2021.

WP Live support

This WP Live support Addendum (the “Addendum”) is an agreement between 99CloudTech Inc. (“99CloudTech”) and you (“Subscriber”) which applies to your purchase and use of the WP Live support service. The parties understand, acknowledge, and agree that this Addendum is in addition to the terms and conditions contained in the Bluehost Terms of Service (the “TOS”), currently available at https://www.bluehost.com/terms and incorporated herein by reference. In the event that there is a conflict between the terms of this Addendum and the TOS, the terms of this Addendum shall prevail unless otherwise explicitly stated in the TOS.

1. Description of the Services.

Blue Sky supports, educates and advises its subscribers on how to create a successful WordPress website (the “Services”). Depending on the subscription plan that you choose upon your purchase, the Services may include expedited responses to your support tickets, live chat support, and live telephone support.

2. Term and Termination.

A. Term. The initial term of the Services shall be for the time period set forth at the time of purchase (the “Initial Term”). Unless you cancel as permitted herein prior to the end of the Initial Term, the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Period”). You acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file up to three (3) days prior to the end of each Renewal Period, unless you cancel the Services prior to such charge as provided in this section. The “Term” of this Addendum shall include the Initial Term and all Renewal Periods, if any. 

B. Termination. This Addendum may be terminated by Bluehost immediately and without notice in the event that: (i) Subscriber fails to pay any Fees (as defined in Section 3) when due; or (ii) Subscriber otherwise breaches the terms of this Addendum or the TOS. Bluehost will not refund to Subscriber 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. Further, a termination of Subscriber’s underlying Bluehost account will result in the termination of this Addendum.  

3. Payment Terms.

A. Fees. Subscriber agrees to pay the fees presented to you at the time you order the Services (the “Fees”).  

B. Automatic Renewals. By purchasing the Services, you agree to allow Bluehost to place your account on a recurring payment plan. Unless you disable the automatic renewal option or cancel the Services, the Fees will automatically be re-billed up to three (3) days prior to the payment date for each Renewal Period.  

C. Changing Plans. When purchasing the Services, Subscriber can choose from several different plans. In the event that the Subscriber chooses to change their plan during the Term, the Fees already paid for the then current Term will be prorated and the remaining amount will be applied to the Fees due for the new plan. The renewal date of the Services will not change.   

4. Cancellation and Refunds.

A. Cancellations. Subscriber may cancel the Services at any time through the “My Products” page on Subscriber’s Bluehost account. Subscriber may also cancel the Services by contacting a Bluehost Professional Services agent at (844) 303-1810. In the event the Subscriber cancels the Services, the Services shall be provided through the end of the then current Term unless otherwise requested by Subscriber. Further, if Subscriber cancels the underlying Bluehost account for which the Services are used, the Services will also be cancelled. 

B. Refunds. In the event that Subscriber cancels the Services, the Fees for the Services are nonrefundable. In the event that Bluehost terminates this Addendum, Bluehost shall provide Subscriber with a prorated refund of the Fees paid for the then current Term, provided that such termination is not a result of Subscriber’s breach of this Addendum or the TOS.  

5. Modification.

A. Modification of Services. Bluehost reserves the right to modify, change, or discontinue any aspect of the Services at any time. 

B. Modification of this Addendum. Bluehost may in our sole discretion change or modify this Addendum at any time. We will post a notice of any significant changes to this Addendum on the Bluehost website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Addendum the date these terms were last revised. Any changes or modifications to this Addendum 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 Addendum as modified. If you do not agree to abide by this Addendum, you are not authorized to use the Services and your sole remedy is to cancel your account as set forth in Section 4 of this Addendum.  

6. Confidentiality. The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party not under a duty of confidentiality; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than providing or utilizing the Services. Each party’s Proprietary or Confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Addendum, the non-disclosing party may be entitled to equitable relief. 

This file was last modified August 26, 2021.