Terms of Service Agreement

AGREEMENT

THIS AGREEMENT HAS A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES.

This Registration Agreement (herein referred to as "Agreement") includes the terms and conditions of domain name registration and associated services (herein referred to as "Services") by you and the registrant for the domain name (herein referred to as "You" and "Your") The registrars listed at the bottom of this document 24 Hour Web Services, Inc. (herein referred to as "24 Hour Web Services", "We," "Us" and "Our") include the registrar for your specific domain name. All of our registrars share similar terms and conditions, ownership, and a Services framework.
If you choose to obtain Services through your primary service provider, with whom we will have a wholesale relationship (herein referred to as "Primary Service Provider"), please not that your relationship with your Primary Service Provider may be governed by additional terms and conditions that are agreed to upon you and your Primary Service Provider's discretion. "We," "us" and "our" do not include your Primary Service Provider, except when particularly mentioned or if you obtained Services through us.

  1. YOUR UNDERSTANDING OF THIS AGREEMENT.  Your usage of Services indicates that you understand and agree to all aspects of this Agreement, the URDP, the URS, and any and all rules and regulations published in association with specific Services and/or which may be adopted or enforced by the Internet Corporation for Assigned Names and Numbers (herein referred to as "ICANN"), any registry, or governments.

 

  1. AMENDMENTS TO AGREEMENT: There may be changes made to this Agreement, changes to ICANN policy or applicable law. Any change executed regarding this Agreement (excluding changes made to ICANN policy or applicable law) will be notified to you by us or your Primary Service Provider via writing. Upon notification of the amendment, if you no longer approve of the terms and conditions of this Agreement, you may either transfer your domain name registration services to another registrar or cancel your Services with us. Once we notify you of the changes, they become binding on you thirty (30) days after notification unless otherwise notified to you.  We will constitute your continued use of Services after notification as agreement of the amendments. Any changes made to ICANN policy or applicable law will be binding immediately after the change is made. It is your duty to review this Agreement periodically to be aware of any amendments.
  1. RIGHTS AND RESPONSIBILITIES AS A REGISTRANT: There is a Registrant Rights and Responsibilities document developed by ICANN which provides an explanation of Registrant Rights and Responsibilities terms as set out in the Registrar Accreditation Agreement (herein referred to as "RAA"), for registrar websites posting. Although some terms do not specifically refer to registrants, they provide you a detailed explanation and understanding of the registrar/registrant relationship. The terms as used within this document do not override the terms set forth in the RAA. It is your duty to review the Registrant Rights and Responsibilities.
  2. YOUR ACCOUNT: You must create an account to use the Services (herein referred to as "Account"). Your Primary Service Provider mainly handles your Account. It is your responsibility to maintain, secure, update and keep confidential all login information relating to the access of your Account by you or any third party.

 

            ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:

By signing this agreement, you understand that it is your sole responsibility to provide current, accurate information to the full extent about you regarding your Account Information and the WHOIS information for your domain name(s). If any information is changed, you agree to update it within seven (7) days. The information you are required to submit will vary dependent upon the registration type. You will be informed of what data will be needed for each domain registration. If you renew and/or there is additional information needed at any point in time, we will inform you of so. If you fail to provide requested information, you may not be able to obtain Services.

            You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase "Name Only" Services, we may supply this information until you provide us with the name-server information or until you upgrade your Services.

 

            INFORMATION REQUIRED FOR DOMAIN NAME REGISTRATION:

            The information required for domain name registration depends on the level of the domain. The minimum required information (herein referred to "Minimum Data") for a top-level domain name includes, but is not limited to, the following:
           
            Registered Name and address;
            Name, address, email address, phone, and fax for the Registered Name holder, the administrative contact for the domain name, the billing contact for the domain name and the technical contact for the domain name;
            Primary and secondary nameserver(s) names for the Registered Name;
           
            The Minimum Data will be shared with us and will potentially be shared with particular service providers for your domain. You may find information regarding the particular service providers (also referred to as authoritative services provider) who Minimum Data might be shared with at https://www.iana.org/whois. The Data Use Information Page will list the Minimum Data for the domains you have registered.
 
            ACCOUNT DATA MODIFICATION

            Should you make a request to remove data regarding your account with us, the request will be executed only if the information you are deleting is not relevant to your Account. In the instance that the information being deleted affects contractual, legal, business, or relevant obligations, the request will not be honored.

            YOUR RESPONSIBILITIES;

If a third party is involved, it is your responsibility to provide notice to that party regarding the disclosure and use of their information as outlined in this Agreement. It is also your responsibility to obtain written consent of the disclosure and use of that party's information.

By procuring Services with us, you attest to the fact that the information in your application is true and correct and that you are not using Services for any unlawful matters. Unlawful matters include but are not limited to violations of any federal, state or local rule, regulation or law, or for any unlawful purpose, or in a manner injurious to us, our service providers and partners, or our reputation. If you provide incorrect and/or unreliable information, fail to update your information within seven (7) days of any change, take part in any unlawful matters, or fail to answer to our investigative inquiries regarding the validity of any information provided by you to us, it will be considered an irremediable breach of the terms included in this Agreement. An irremediable breach will affect your usage of Services by possible suspension or cancellation. It is your responsibility to adequately monitor the email address you listed as a contact point for your Account. If you fail to respond in a timely manner to our email(s), you may potentially lose your right to Services.

ACCOUNT ACCESS:

Should you need to make changes to any information regarding your account, you must do so through your Account with us or with your Primary Service Provider. As previously mentioned, it is your duty to keep safe and confidential all login information for access to your Account. Any person with login information will be automatically assumed to have your authorization to perform any and all Account changes and/or Service modifications.

We will take precautionary measures on our behalf to keep any and all information we receive from you from unauthorized use. WE ARE NOT LIABLE IN THE CASE THAT OUR PRECAUTIONARY MEASURES DO NOT PREVENT UNAUTHORIZED USE. OUR LIABILITY IN ANY CIRCUMSTANCE REGARDING OUR FAILURE TO TAKE REASONABLE PRECAUTIONS SHALL BE LIMITED, AS EXPLAINED IN THE LIABILITY LIMITATION PROVISION OF THIS AGREEMENT.

If your Account has allegedly been accessed by an unauthorized user and you request that we look into the matter and/or attempt to restore control of the Account and/or Services to you, you will be charged an administrative fee. You may inquire what the cost of the administrative fees are by contacting one of our representatives. If any legal fees are incurred regarding this matter, including reasonable attorney's fees and related costs, you will be responsible for indemnifying us regardless of how the costs were accrued or by whom.

WHOIS INFORMATION:

The information you provide to us regarding your domain name registration will be made readily available to ICANN and other third parties as required and/or allowed to by ICANN and applicable laws. By signing this Agreement, you revoke your right to any claims and causes of action that may arise from disclosing said information.  Partial, or complete, information you provide to us may also be made readily available to third parties for marketing or other purposes, as permitted by applicable law. ICANN may alter the required information that must be made public or disclosed to private entities. You can find any changes to this in the ICANN website.

            SERVICES PROVIDED BY US:
           
                        REGISTRATION OF DOMAIN NAME:

            We are accredited registrars; ICANN deals with the other aspects of domain registrations. Domain name registrations do not go into effect until the registry administrator indicates it. Domain name registrations are temporary and do have an expiration date. If a name is picked out of a pool of available names, then the term begins when the appropriate registry acknowledges its registration. If a name is not returned to the pool of available domain names, then the term starts on the date its registration was first acknowledged by the appropriate registry.

            We and your Primary Service Provider are not liable for any and all actions executed by the registry administrator regarding domain name registration. By signing this Agreement, you are aware that domain name registration is a service which does not solely exist from Services (provided either through us or a registrar) and does not generate a property interest for the domain name you register with us.

            When you apply for pre-registration of a domain name, there is no guarantee that it will be given to you and, if it is given to you, there is no guarantee that it will be readily available for you to access it. If there are two or more applications received for a domain name, and such domain name is secured, there will be a private auction held to determine who the name will go to. If the aforementioned circumstance arises, then you will be given additional documentation for you to approve and agree to. We reserve the right to cancel a pre-registration application, per our discretion.

            AFTER MARKET DOMAIN NAMES:

            We sell domain names that are registered to third parties (herein referred to as "After Market Domain Names") on a first-come, first-served basis. Once an application is completed, including payment for the domain name, we will initiate the transfer of the After-Market Domain Name to your Account. We will ensure the necessary steps are taken to retrieve your After-Market Domain Name, including the transfer from another domain registrar to ours at no cost to you. In that instance, we will also add a one-year registration period to the period already in existence. If your After-Market Domain is already in existence in our domain registrar and it has ninety (90) days from the date of purchase or less before expiration, then we will renew your Market Domain Name for free. In the case that your After-Market Domain has ninety-one (91) or more days before expiration, then you are solely responsible for renewal fees. An order for am After Market Domain constitutes a contractual obligation and agreement to pay the price for the After-Market Domain. Due to the third-party nature of After Market Domain Name purchases, we cannot guarantee or attest to the validity or any other aspect of a transaction for an After-Market Domain Name. We specifically reserve the right to cancel an After-Market Domain Name transaction if any conflicts, such as pricing errors, arise. If we cancel a transaction on your behalf, we will only refund the full amount of the price you paid to purchase the After-Market Domain Name.
           
            Following the placement of the After-Market Domain Name in your Account, it will be placed on a sixty (60) day transfer lock. A transfer lock simply means that it will not be able to be transferred from us to another registrar within the specified time frame. All obligations and duties under this Agreement, including but not limited to the prohibition of illegal usage, apply to an After-Market Domain Name obtained by you.

            SERVICE EXCLUSIONS:

            It is your sole responsibility to determine if any actions taken on your behalf regarding the domain name(s) and Services infringe on other's legal rights.

            It is your sole responsibility to provide accurate contact information for your Account, and to communicate with any kind of litigants and government authorities. You understand that we may be ordered by a Court to make changes to your domain name, including cancellation or a transfer. We are obligated to follow all Court orders and UDRP and URS Panel decisions. Should you contest a Court order regarding the domain name, we may be able to place a transfer lock on the domain name dependent upon the result of the dispute. Contesting a UDRP or URS Panel decision, is not grounds for delay of implementation of their decision.

            FREE SERVICES:
           
            Through the free services we provide (which you may request a list of), we may use various advertising methods to earn proceeds and accumulate data. You agree and hereby waive any claim to any of the earned proceeds from advertising through free services. We reserve the right to stop providing free services at any time without providing prior notice of cancellation.
            One of the services we may provide to you either free or at a low cost is Promotional Name domain name registration services. Should you be offered this service, you will be listed as the registrant of the domain and it will be placed in the same Account as your other domain(s). We reserve the right to direct the Promotional Name to IP addresses of our choice. If you want to exert control over the Promotional Name, you must pay all necessary fees and the terms and conditions of this agreement will apply to the Promotional Name(s). If you do not want the Promotional Name, you may request to be removed as the registrant. If you continue to be a registrant for a domain name but do not pay the necessary fees to exert control over it, including a Promotional Name or a regular domain name registration, we reserve the right to direct the Promotional Name to IP addresses of our choice until a decision regarding the domain name service registration is made.

            AT-WILL SERVICES,

            Once Services are initiated or renewed, we and your Primary Service Provider have thirty (30) days to approve or deny your application or cancel your Services for any reason. Outside of the aforementioned, we and your Primary Service Provider are able to cancel or suspend Services if any of the following have occurred: (a) a prohibited domain name has been registered; (b) faulty payments; (c ) allegations of illegal acts committed or if a third party's intellectual property right has been violated; (d) requests from us go unanswered for more than fifteen (15) days or if; (e) Service usage implicates us in violation of any third party's rights. If a Services termination is the effect of a cause, there will be no refund given.

            If we terminate services due to a decision that was entirely up to our discretion, we will provide the WHOIS contact for your Account with a thirty (30) days' notice of termination. It is your duty to transfer your domain name. If you fail to transfer your domain name, you risk actions being taken against you regarding your domain name and Services. If a Services termination is the effect of any other reason excluding cause, we will give you a prorated refund of fees.

            If we choose to suspend or terminate Services provided to you, we may, at our discretion, make a specific party, including ourselves, the beneficiary of Services as similarly provided to you. If there are grounds for termination that arose from one domain name or other related Services, we have the right to terminate all Services provided to your Account.

            We and the registry specifically reserve the right to refuse approval of, terminate, place on hold, lock or like status, or transfer a domain name transaction or registration, as deemed necessary: (a) to protect the registry; (b) to comply with policies, procedures, rules, and regulations set by ICANN or by the registry and its agreement; (c) in compliance of any relevant law, governmental rules and requirements; (d) in avoidance of a liability on part of any of our agents or the registry's agents; (e) as correction of a mistake regarding the domain name made by us, another registrar, or the registry; (f) if any illegal actions take place regarding the domain name; (g) if any terms of this Agreement are violated; or (h) for a dispute resolution process.

            SERVICE FEES:
           
            You are responsible for payment for the requested Services. Services will not go into effect until payment is received and processed. Any changes to our Service fees will be communicated to you. Unless specifically mentioned in this Agreement, Service fees are entirely non-refundable regardless if your Services are suspended, cancelled, or transferred prior to the end of your registration term. We might require you to pay for Services through a specific payment method or to change your payment method at any time.

            Service fees do not include taxes incurred by your use of Services. These taxes include, but are not limited to, ICANN fees and US/international sales tax among others. It is your responsibility to pay any taxes incurred as a result of usage of Services unless explicitly specified otherwise, excluding taxes incurred due to our income.

            Any failure to pay the required Service fees may result in suspension or termination of your account.

            PAYMENTS:

            Any issues with your payment should be first directed to your Primary Service Provider and then brought to our attention before you begin to make arrangements with your payment provider to cancel, chargeback, or reverse charges. If you request a chargeback or a reversal of charges for a payment of fees due to us in relation to any Services provided by us or by your Primary Service Provider, it is our right to suspend and/or terminate access to all Accounts and Services you have with us and your Primary Service Provider. If you request that access to your Account(s) and Services be reinstated, you must submit proof of payment and must pay a reinstatement fee. Reinstatement is solely subject to our discretion and we may require fulfillment of additional reinstatement conditions, if necessary.

            EXPIRATION/RENEWAL OF SERVICES:

            We may send three (3) notices to the primary contact for the Account regarding a domain name registration or Services expiration. The first notice will be sent out about a month prior to expiration, the second notice will be sent out a week before expiration, and if the domain registration or Services are not renewed by then, a third notice will be sent out about five (5) days following the expiration date. It is your duty to maintain a record of when your domain name registration and Services expire. Failure to receive these notices is not grounds or a breach of this agreement, they are merely a courtesy offered to you. If you have selected your Services to automatically renew (not all domain names have this option), it is your job to keep current, updated billing information so that renewal fee payments may be successfully posted. If you are enrolled in auto renewal, we will send you a notification of when your domain name registration or Services renewal deadline is approaching. We will withdraw renewal payments in a timely manner. Although there may be instances where we do attempt to contact you so that you can update faulty billing information, it is not our duty to update your billing information for you. Our attempts to contact you regarding billing matters should only be considered a courtesy. If you fail to uphold your responsibility of providing us with current, updated billing information and a payment is not successfully posted to your Account, your domain name registration and/or Services will eventually expire or be cancelled.

            DOMAIN NAME EXPIRATION:

            After a domain name registration expires, but before removal of it in the relevant registry database, it is possible that we may point the domain name to other sites which may display an array of information or ads, and we may also leave your WHOIS contact information as it was, or may adjust it to reflect that you are no longer the registrant for said domain.

            If we decide to, we may extend a term where expired domain services can be renewed (herein referred to as "Reactivation Period Process"). If you want to renew during this Reactivation Period Process, you may subject you to incur additional fees that will be determined by us and your Primary Service Provider. This reactivation period process is completely based on our choice to either provide it or not. During this process, an auction may be held and third parties involved to determine who a domain name will be registered to.

            Following the reactivation period, if one takes place, we may terminate domain name registration services without notice. There is also a term that may be extended so that discontinued domain registration services may be renewed (herein referred to as "Redemption Grace Period"). A Redemption Grace Period is not provided by every registry administrator nor is it mandated for us to offer it. A Redemption Grace Period fee, in addition to all appropriate fees, will need to be paid if you choose to regain access to Services through it.

            Following the reactivation period, we are able to take over the domain name services, if we so choose. We may choose to continue Services with a registry, change the contact information in the WHOIS database, and use the domain name registration as we see fit by paying the registry's domain name registration fee(s). We in no way are obligated to pay you any kind of earnings accumulated as a result of an act included in this section. We are also not obligated to inform you if we choose to pay the registry for continued registration services. During this period, there domain name will be considered to be in the extended redemption grace period. If within the first one hundred twenty (120) days, you choose to resume full control of the domain name services, you will be allowed to do so after you pay the extended redemption grace period fee, plus additional relevant fees. Once the one hundred twenty-day period expires and you fail to take measures to resume control of or access to the domain name services as stated in this subsection, you will have voluntarily relinquished your rights and interests of the domain name services.

            If your domain name was auctioned, we are not liable for such actions. If a third party appropriately acquired your domain name, they will have control over all domain name services. Once the reactivation period ends, you may be able to acquire the domain name once again. It is not our duty to contact you or inform you that the domain name registration services were or are being auctioned. It is also not our duty to pay you any money earned from an auction, regardless if the domain name was once registered to you.

            TRANSFERS:

            ICANN policies, including the Registrar Transfer Dispute Resolution Policy, and the UDRP and URS govern the process of transferring domain names. Please note that these policies may be found on the ICANN website, and may be amended at any point in time. If you are the registrant or administrative contact listed in the WHOIS information for the domain, you may transfer your domain name yourself, through your Primary Service Provider, or through us. In order for a domain name transfer to be executed, you will need the domain name to be locked or unlocked and/or the EPP Authorization Code (required for transferring domain names in an EPP registry). We reserve the right to refuse or halt a transfer if you are bankrupt or filing for bankruptcy, if you are requesting a transfer prior to the expiration of a sixty (60) day term that commences at initial registration, if you are requesting a transfer within sixty (60) days of a transfer, if a dispute has formed regarding the domain name registrant's identity, or if you have failed to pay fees when they are due. A transfer request normally takes about seven (7) business days to be processed. If your domain name registration expires prior to the full processing of a transfer, it is your responsibility to redeem the domain name and request a transfer after that has been done. Upon experiencing communication failure or other problem regarding a domain name transfer, either with us or the registry, it is your responsibility to resubmit the domain name transfer request. YOU ARE RESPONSIBLE FOR A DOMAIN NAME TRANSFER REQUEST FAILURE REGARDLESS OF WHEN THE REQUEST IS INITIATED.

            When you register for Services, you may request for us to place a "Registrar Lock" (also referred to as a "Client Transfer Prohibited" status) on your domain name. This status forbids the transfer of your domain name services. If you want to transfer your domain name, you have to manually remove the Registrar Lock for the request to be acknowledged, or else the request will be ignored and will go unprocessed. You may remove the Registrar Lock on your domain name through your Account. Although you may request a Registrar Lock for your domain name, we are not in any way obligated to place one.

            By signing this Agreement, you give us authorization to act on your behalf as a "Designated Agent" (as defined in ICANN transfer policy) to approve each "Change of Registrant" (as defined in ICANN transfer policy).

            INFORMATION AND DATA PROPRIETORSHIP:

            24 Hour Webservices owns any and all data and information found and generated in our domain name database. If 24 Hour Webservices are the registrar for a domain name registration, then 24 Hour Webservices have ownership of the following: (a) the original initiation date of the registration; (b) the registration's expiration date; (c ) all contacts and their information, including the registrant, for the domain name registration; and (d) any other additional information obtained or generated as a result of providing Services excluding the registered domain name, IP addresses and name for the primary, and if applicable any secondary, nameservers for the domain name(s). 24 Hour Webservices do not hold any ownership interest in the personal registration information you provide that is not covered by our domain name database rights.

AGENTS

            In the case that you are registering a domain name on behalf of someone else, you hereby acknowledge that you are representing them as an Agent their full knowledge of domain name registration. By acting as an Agent for someone, you also attest that you have that person's authorization to act on their behalf. The person you are acting on behalf of is subject to all terms and conditions outlined in this Agreement. In the event that you license the use of a domain name you register to us or to a third party, you remain fully responsible for adhering under all terms and conditions of this Agreement.

            LIABILITY LIMITATION

            24 HOUR WEBSERVICES ARE NOT LIABLE FOR ANY (a) SUSPENSION, CANCELLATION, OR LOSS OF SERVICES, (b) USE OF SERVICES, (c ) SERVICE INTERRUPTIONS, (d) BUSINESS INTERRUPTION, (e) ANY SERVICE AND WEBSITE DELAYS OR INTERRUPTIONS REGARDING A DOMAIN NAME REGISTERED WITH US, (f) LOSS OR LIABILITY THAT IS CAUSED BY ACTS, OR LACK THEREOF, BEYOND OUR CONTROL, (g) NO DELIVERY, MIS DELIVERY, OR MODIFICATION OF DATA; (h) DOMAIN NAME REGISTRATION APPLICATION PROCESSING; (i) LOSS OR LIABILITY CAUSED BY UNAUTHORIZED USE OF YOUR ACCOUNT LOGIN INFORMATION, OR (j) DISPUTE POLICY APPLICATION. NEITHER YOUR PRIMARY SERVICE PROVIDER NOR WILL WE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY TYPE REGARDLESS OF THE FORM OF ACTION. ADVISEMENT OF POSSIBLE DAMAGES DOES NOT WAIVE OUR LIABILITY CLAUSE. IN NO CASE SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER MAXIMUM TOTAL LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU IN EXCHANGE FOR SERVICES; MAXIMUM TOTAL LIABILITY SHOULD NEVER EXCEED FOUR HUNDRED DOLLARS ($400.00). IN THE CASE THAT YOUR STATE DOES NOT ALLOW LIABILITY LIMITATIONS OR EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OURS AND YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW. 

            INDEMNIFICATION CLAUSE

            You agree to release and agree to indemnify, defend, and hold us, ICANN, registry operators, your Primary Service Provider, and applicable registry administrator(s), and all such parties' directors, officers, employees, and agents from and against any and all direct, indirect, incidental, special or consequential claims, damages, liabilities, costs, and expenses resulting from or relating to the domain name registration services you are obtaining from us. We may request that you provide us with written reassurances, which may come in the form of posting a performance bond, or other measures reasonably calculated to ensure payment. Failure to provide us with requested assurances may be considered a breach of this Agreement. This indemnification clause shall be considered in conjunction to any indemnification required by the UDRP, URS, ICANN policy, relevant registry, and elsewhere in this Agreement.

            WARRANTIES:

            YOU WARRANT THAT ANY DIRECT OR INDIRECT ACTIONS TAKEN IN REGARD TO REGISTRATION OR USAGE OF A DOMAIN NAME WILL NOT INFRINGE THE LEGAL RIGHTS OF A THIRD PARTY OR MAKE US SUBJECT TO A LEGAL CLAIM. OUR SERVICES ARE MEANT TO BE USED BY PEOPLE OVER THE AGE OF EIGHTEEN (18) AND BY USING OUR SERVICES, YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT INFORMATION PROVIDED BY YOU FOR PROCUREMENT OF SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, 24 HOUR WEBSERVICES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, 24 HOUR WEBSERVICES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. 24 HOUR WEBSERVICES MAKE NO WARRANTY CONCERNING ANY GOODS OR SERVICES PURCHASED OR ATTAINED THROUGH OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICE(S), NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF PARTICULAR WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION POLICY:

            You agree to the Uniform Domain Name Dispute Resolution Policy (herein referred to as "UDRP"), which is available on ICANN's website, all ICANN consensus policies, and all policies of any relevant registry, the URS rules and all supplemental rules of any URS provider.

            You agree that the UDRP may be modified by ICANN at any time. You agree that, should your registration or domain name be challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed. Pursuant to the UDRP, you also agree to indemnify us and hold us in the case that a domain name dispute arises with any third party. It is your duty to regularly monitor your email; in the case that any communication is extended to you regarding the domain name dispute, you will need to adequately provide a timely response. 24 Hour Webservices may take appropriate actions regarding control of your domain name in a domain name dispute, as deemed necessary.

            GOVERNING LAWS:

            This Agreement, in its entirety, shall be governed by the laws of the United States of America and the State of Texas as if this Agreement was a contract wholly entered into and performed within the State of Texas except as set forth in the UDRP, URS or similar policy.

            ARBITRATION CLAUSE

            Any kind of controversy resulting from or relating to this Agreement or validity of it, shall be addressed by arbitration. YOU AND 24 HOUR WEBSERVICES AGREE THAT NO CLASS ACTION CLAIMS SHALL BE BROUGHT UPON EACH OTHER. YOU AND 24 HOUR WEBSERVICES AGREE THAT ONLY CLAIMS BROUGHT FORTH AS INDIVIDUALS SHALL BE BROUGHT UPON EACH OTHER. Unless otherwise expressed in writing, the arbitrator may not consolidate more than one person's claims, and may not takes actions in any form of a class a proceeding. This clause should not discourage a party from seeking temporary assistance, in aid of arbitration, from a Court with appropriate jurisdiction. Service of process on you by us, or our agents, may be made via first class mail or via electronic service to the addresses listed on your Account and/or WHOIS domain name information.
           
            THIRD PARTY DISPUTES:

            Should a dispute arise concerning usage of domain names registered with us between a third party and you, it is your duty to submit to the subject matter and personal jurisdiction of the Courts of the registrant's domicile as it appears in the pubic WHOIS record for the domain name in controversy, and Courts who geographically include where we are located.

 

            DELIVERANCE OF NOTICES:

            If any notices are to be given under this Agreement, they will be considered delivered once sent to the WHOIS and/or Account contact point, as provided by you.

            ADDITIONAL REGISTRY REQUIREMENTS:

            You agree to review any additional contractual requirements of registries whose domain names you register. It is your responsibility to review all the terms and conditions of, and applicable to, a registry.

 

            GENERAL:
           
            This Agreement, along with relevant ICANN and registry policies, including but not limited to the UDRP and URS, together will all amendments, constitute the complete and exclusive agreement between you and us, and surpass and govern all preceding agreements. You attest that you are not entering into this Agreement upon representation or statement made by anyone not included in this Agreement. Nothing in this Agreement should be considered as forming any kind of joint enterprise between the parties. If we fail to require performance of any provision included in this Agreement, it shall not affect our right to request performance at any point in time; a waiver by us of a breach of any provision included in this Agreement should not be considered to be a waiver of the provision itself. Should there be a provision that a Court deems to be unenforceable or invalid, it will not render the Agreement invalid or unenforceable as a whole. 24 Hour Webservices will take the necessary steps to amend such unenforceable or invalid provision to a provision that achieves our original intent.

THIS AGREEMENT MAY NOT BE AMENDED BY YOU UNLESS THERE IS A WRITTEN, AGREED MODIFICATION SIGNED BY BOTH YOU AND ONE OF OUR AUTHORIZED REPRESENTATIVES.

ABUSE POLICY

24 Hour Webservices has a strict, zero-tolerance policy regarding spam. We have always taken acted responsively and responsibly when spam is linked to domains registered with us. Services are not to be used for the purpose of sending out unsolicited mail.

If you believe that a domain registered in our system is sending out spam, please provide us with the information requested on our abuse report form, and we will conduct an investigation within the next 48 business hours. It is imperative that you understand that:

  1. We will not be contacting you unless we require additional information from you.
  2. Your notice will be evaluated and acted upon, as appropriate
  3. If the domain name is registered through one of our partner's, we will contact our partner regarding the report.
  4. We may use your notice as proof of abuse to the domain name registrant.

 

We take pride in our Services, and take abuse extremely seriously. We will conduct an investigation for every notice of abuse we receive. Please fill out our abuse report form and include all required information so that we may initiate investigative measures.

 

ILLEGAL PHARMACIES

We have a zero-tolerance policy regarding illegal, online pharmacies. We have collaborated with Internet leaders and law enforcement officials to combat the existence of illegal pharmacies, especially on our domains.

  1. We are a member of the Center for Safe Internet Pharmacies (CSIP). CSIP's mission is to promote safe online pharmacies.
  2. We work closely with Legit Script. Legit Script is the leading source of Internet pharmacy verification. If a customer violates our terms of Service by operating an illegal online pharmacy, by working with Legit Script, we are able to quickly identify them and take action.
  3. Hundreds of websites have been removed from the Internet as a direct effect of our preventative measures and partnerships that promote safe online pharmacies.

 

SPAM & MALWARE

Our zero tolerance for spam can be seen through various precautionary and responsive actions taken by us.

  1. We work with other companies in order to make the Internet a safer place for consumers by sharing information vital to combating spam and malware.
  2. We closely monitor the use of our system and services in regard to sending unwanted emails.
  3. We take daily measures to prevent misuse of our Services at a transaction's origin point to eradicate spam.
  4. Any and all spam reports that are submitted to us are thoroughly reviewed and investigated.

TRANSFER POLICY:

When a Registered name holder requests to change its Registrar for an existing domain, the following are required:

  1. Authorization to request the execution of a registrar change.

 

When a Registrar is being changed concurrently with a domain name registration transfer, we also require a submittal of appropriate, express authorization for the transfer. The proof of authorization must include at least one of the following:

  1. A bilateral agreement between the parties
  2. A dispute resolution's final determination
  3. A Court Order.

 

A request to change a Registrar may be denied due to:

  1. The registered name holder is bankrupt.
  2. There is an identity dispute over the registered name holder.
  3. A situation described in the Domain name dispute resolution policy.
  4. A transfer is requested prior to the expiration of the first sixty (60) days after the initial domain name registration.
  5. Any additional reason for a denial, as outlined in the Agreement.

 

UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY

 

(As Approved by ICANN on October 24, 1999)
And Implemented by Us on August 1, 2018)

 

  1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en, and the selected administrative-dispute-resolution service provider's supplemental rules.
  1. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

 

  1. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

  1. Mandatory Administrative Proceeding This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/en/dndr/udrp/approved-providers.htm (each, a "Provider").

 

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

  1. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
  2. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
  3. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
  1. Transfers During a Dispute.

a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

  1. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at https://jewlhosting.com/terms.php at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration

DOMAIN NAME REGISTRANTS' RIGHTS:

  1. Your domain name registration and any privacy/proxy services you may use in conjunction with it must be subject to a Registration Agreement with an ICANN Accredited Registrar.

 

  1. You are entitled to review this Registration Agreement at any time, and download a copy for your records.

    2. You are entitled to accurate and accessible information about:

  1. The identity of your ICANN Accredited Registrar;
  2. The identity of any proxy or privacy service provider affiliated with your Registrar;
  3. Your Registrar's terms and conditions, including pricing information, applicable to domain name registrations;
  4. The terms and conditions, including pricing information, applicable to any privacy services offered by your Registrar;
  5. The customer support services offered by your Registrar and the privacy services provider, and how to access them;
  6. How to raise concerns and resolve disputes with your Registrar and any privacy services offered by them; and
  7. Instructions that explain your Registrar's processes for registering, managing, transferring, renewing, and restoring your domain name registrations, including through any proxy or privacy services made available by your Registrar.

 

3. You shall not be subject to false advertising or deceptive practices by your Registrar or through any proxy or privacy services made available by your Registrar. This includes deceptive notices, hidden fees, and any practices that are illegal under the consumer protection law of your residence.

Domain Name Registrants' Responsibilities:

  1. You must comply with the terms and conditions posted by your Registrar, including applicable policies from your Registrar, the Registry and ICANN.
  2. You must review your Registrar's current Registration Agreement, along with any updates.
  3. You will assume sole responsibility for the registration and use of your domain name.
  4. You must provide accurate information for publication in directories such as WHOIS, and promptly update this to reflect any changes.
  5. You must respond to inquiries from your Registrar within fifteen (15) days, and keep your Registrar account data current. If you choose to have your domain name registration renew automatically, you must also keep your payment information current.

Renewal Notification Policy

Any and all renewal notices will be sent to the registrant listed as the contact point for the domain name registration and/or the primary contact for the Account related to the domain name registration. The upcoming expiration of a Services term will trigger us to begin sending term renewal reminders. We will send an email reminder one month prior to, one week prior to, and, if it still the domain has yet to be renewed after the second notice, we will send a third reminder five days after the expiration of the domain name registration.

Privacy Policy

We hold ourselves to a high standard of privacy and a high standard of data protection in everything we do. However, we must also take into consideration the respect for the privacy interests of our customers and employees. As an accredited registrar, we are obligated to publicly display registrant contact information in the WHOIS directory.

Range

Our privacy policy involves personal information gathered, used, or disclosed by us about our identifiable customers. It also involves the management of personal information in any form. This policy does not pertain to any information that is publicly listed in the WHOIS directory.

General Application

Our privacy policy will be applicable to and protect all personal information gathered by us excluding information that cannot be linked to a person and/or information that is already public record (found in WHOIS directory).

Personal Information that may fall under this policy includes, but is not limited to:

  1. Login information;
  2. Technical support records;
  3. Credit History/ Performance Information;
  4. Time spent on our Services compared to our competitors;
  5. Business or industry information, number of employees;
  6. Credit card information (billing information);
  7. Internet time stamps;
  8. Payment information;
  9. Special requests/needs;

 

Personal Information may be collected as a result of:

  1. A telephonic inquiry, signature of a contract, registration of a domain name, or if any information is provided via email or online, technical support assistance, ordering additional services, a complaint being made; and/or
  2. When a person visits our website, or a website controlled by us.

 

Our privacy policy does not have any limits on the gathering or disclosure of the following information:

  1. A person's information listed in a directory (name, address, telephone number, and email address)
  2. An employee's name, title, business address, contact information (email address, phone number, fax number); or
  3. Information that is available to the public and is specified by law or regulation.

Internet User Guidelines:

Additionally, to the above-mentioned, we may allow third parties to offer to persons who use our Websites subscription and/or services he/she has to register for. If a person decides to sign up for a third party's services, we are not to be held liable for any and all actions or policies of the respective third party.

We cannot control the distribution and gathering of data in voluntarily-disclosed online discussions or public areas of our Websites. We also cannot control any unsolicited messages received by you on behalf of a third party who gathered your contact information in a discussion or public area of our websites. If you do not wish for a third party to obtain your information, we ask you to refrain from making any submissions.

Some user's non-personal data may be collected through our internet servers or through "cookies" in a browser. Cookies are gathered to distinguish repeat users, to track usage, and for targeted advertising. We cannot control the use of any information obtained via cookies by any other party. You do have the option to disable cookies in your browser settings. However, disabling cookies may prevent you from having full access to our website and services.

Our privacy policy regarding Internet use is subject to any applicable laws, regulations, agreements, Court order(s) and any lawful authority order(s). Your use of our website(s) is also subject to these requirements including our Acceptable Use Policy.

Civil and Criminal Subpoena Policy

Our privacy policy does not allow the release of any information regarding an Account without express consent from the customer, unless specifically necessary to comply with ICANN's WHOIS directory, law or legal process properly served on us.

Valid Subpoenas

If you need information regarding on of our Accounts or a customer for a civil or criminal legal matter, you must provide us with a copy of the valid subpoena. We will respond to subpoenas issued within United States Jurisdiction, but will not answer any subpoenas issued outside of the United States due to not being able to thoroughly validate the subpoena.

Background Documentation

We reserve the right to request copies of the complaint, information, or any supporting documentation that will prove how our customer's information relates to the pending litigation and the subpoena.

Subpoenas Submission

Subpoenas may be mailed to the following address:

Jewl Hosting
9894 Bissonnet St., Ste. 580
Houston, TX 77036

Notice regarding Subpoena

Once a valid subpoena issued by a Court is received by us, we will notify the customer which it involves. Notification will be through either postage mail or via electronic service. If the subpoena does not require immediate action, we may allow our customer to dispute the subpoena in Court before disclosing any requested information. If there is an immediate action of disclosure specified by the Order, we may or may not give our customer prior notice before a disclosure is made.

Fees regarding Subpoena

We reserve the right to charge an appropriate administrative fee to our customer's Account regarding actions taken in receipt of a subpoena. Any costs incurred as a result of compliance with a subpoena may be charged to the entity who submitted said subpoena. Payments must be made within thirty (30) days of receipt of one of our invoices. The subpoena compliance charges are as follows:

  1. Research and related actions: $75.00 per hour
  2. Postage Charges: The total and correct postage charges incurred.
  3. Copies: .25 cents per page

 

Electronic Communications

We will not produce any email or electronic communications except as required by an order issued by a Court in accordance with 18 U.S.C.§ 2701.

Rights Reservation

We reserve the right to challenge the legitimacy of a subpoena and to take the appropriate actions to get a Court order which allows us to be non-responsive to the subpoena.

Modification of Policy
We reserve the right to modify this policy at any point in time.

TRADEMARK AND COPYRIGHT DISPUTE POLICY

Trademark Disputes
You might find this section helpful if you think you have a trademark claim regarding a domain name registered through us.

Uniform Dispute Resolution Policy (herein referred to as "UDRP"): ICANN developed the UDRP and has rendered it a mandatory administrative proceeding. All ICANN registrars must follow the UDRP. As outlined in the Domain Name Registration Agreement, since we are an ICANN registrar, all of our domain name registrants must follow the UDRP to the fullest extent. Additional information regarding ICANN or the UDRP can be found on the ICANN website at http://www.icann.org.

Copyright Disputes
You might find this section helpful if you think that you have a copyright claim regarding a domain name using our webhosting service(s). Before you submit a claim under this policy, please be diligent in ensuring that we are the webhost. If you are not sure if we are the correct webhost, please reference to the Check Webhost section below.

Copyright Complaints

  1. Submission of a Complaint

 

            If you hold a bona fide copyright that you think has been infringed by us or any domain name registrant, you must submit a complaint. The complaint shall be either emailed to copyright@jewlhosting.com with the subject line reading, "Copyright Infringement Complaint, "or mailed to Jewl Hosting, 9894 Bissonnet St, Ste.580, Houston, TX 77036.

Each complaint shall include the following information in order to be reviewed:

  1. A list of the work and identification of the site that constitutes the work that has been allegedly copyrighted.
  2. Identification of the work that has been copyrighted. Enough information has to be provided to us so that we may locate the work.
  3. Adequate contact information for the person submitting the complaint.
  4. A written statement in which you express concern that the work that you are complaining about is not authorized by an appropriate agent that owns the copyrighted material.
  5. A statement in which you detail that under penalty of perjury, you are who you say you are and you have authorization to act on behalf of the copyright owner and that all information provided by you is true and correct.
  6. Your electronic signature.

 

Once you have submitted a copyright infringement complaint and we locate the work that is allegedly infringing, we will terminate access to said work. We will then notify the alleged infringer of the work that has been disabled.

2. Counter Copyright Response

            If you received a notice that work on your website was taken off or disabled, you may email us your counter response at copyright@jewlhosting.com. Your email must include "Counter Copyright Response" in the subject line. You may also mail us your Counter Copyright Response to the following address: 9894 Bissonnet St, Ste.580, Houston, TX 77036.

Your Counter Copyright Response must include all of the following in order to be reviewed:

  1. Identification of the work that was disabled or removed and the website such work was in prior to the it being disabled or removed.
  2. A written statement, under penalty of perjury, that the work in question was removed or disabled as an error due to misidentification of the work in question.
  3. Your contact information.
  4. A statement accepting service on you from a complaining party regarding the alleged copyright infringement.
  5. Your electronic signature.

 

Upon receiving your counter copyright response, we will give the complaining party a copy of it. We will also inform the complaining party of the ten (10) day window they have until we cease to disable or return information/work to your website. The only way to prevent the return of information/work to your website is for the complaining party to provide us notice that there has been a legal action filed against you that prevents you from participating in infringing activity regarding the information/work on our system. If notice of a filing of a legal action is not given, then we will restore the information/work that was removed as a result of an alleged copyright infringement in between ten (10) to fourteen (14) business days from when we receive your counter copyright response.

3. REPEAT INFRINGERS
If one of our customers continuously infringes copyrighted material or violates this policy, it is our right to terminate said customer.

Checking Webhost

The party providing webhosting services is the party responsible for any infringement material that is not in one of our websites. If the material is not residing in one of our websites, then the above-mentioned Copyright Dispute Policy is not applicable. It is your responsibility to ensure you are directing your copyright infringement claims to the appropriate webhost.

DISCLAIMER

We may make any changes to the terms, conditions, and operation guidelines of this website at any time. You waive your rights or claims that you may have against us by using our services.

It is prohibited to use any content in this Website without our expressed consent. Our content is protected by various intellectual property laws. You agree not to use our content for commercial use in a manner that infringes upon our copyright protection as provided by the relevant laws and regulations.

WE AND OUR AGENTS, SUPPLIERS AND LICENSORS OFFER OUR SERVICES "AS IS" AND WITHOUT ANY DIRECT OR INDIRECT WARRANTY AND CONDITION. WE AND OUR AGENTS, SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE AND WARRANTY OF NON-INFRINGEMENT. IF YOUR STATE DOES NOT HONOR THE DISCLAIMER OF IMPLIED WARRANTIES, THEN THE PREVIOUSLY OUTLINED DISCLAIMER MIGHT NOT BE APPLICABLE TO YOU. YOU MAY BE GRANTED CERTAIN LEGAL RIGHTS BY THIS WARRANTY AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT DIFFER FROM STATE TO STATE.

WITHOUT LIMITING THE AFOREMENTIONED, WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR LOST PROFITS  CAUSED BY THE USE OF, OR INABILITY TO USE, THIS SITE OR SERVICES PROVIDED TO YOU OR YOUR COMPANY., WHETHER LIABILITY IS CONTENDED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND REGARDLESS IF YOU HAVE OR HAVE NOT BEEN ADVISED OF THE POSSIBILITY OF DAMAGE(S).

YOU UNDERSTAND THAT WE MAY DISPLAY, SOLICIT AND USE THIRD PARTY SERVICES ON OUR WEBSITE(S). YOU UNDERSTAND THAT WE ARE NOT ASSUMING RESPONSIBILITY OR WARRANTY REGARDING THEIR SERVICES OR PRODUCTS. YOU HEREBY WAIVE ANY CLAIMS AND RIGHTS YOU MAY HAVE AS A RESULT OF THIRD PARTY PRODUCTS OR SERVICES TO THE MAXIMUM EXTENT ALLOWED BY LAW.

MERCHANT SERVICES AGREEMENT

THIS AGREEMENT AFFECTS YOUR RIGHTS AND SHOULD BE REVIEWED CAREFULLY.

This User Agreement for Merchant Services (herein referred to as "Agreement") is a legally binding contract between us, the Merchant Service Provider, and you. "You" and "user" refers to any person using our merchant services and any related products and services (herein referred to as "Services"). The term "Merchant Service Provider" shall apply to us and our agents. By using our Services, you are agreeing to all terms and conditions of this agreement. If there are any amendments made to this Agreement, we will post such amendments on our website. It is your duty to check for updated information regarding the Agreement. We will constitute your continued use of Services as acceptance of any changes made to this Agreement.

Agreements
In order to be the recipient of Merchant services, you must also agree to the Registration Agreement and relevant terms and conditions for the Services you will be using.

Payouts

Payouts over the amount of $25.00 will have to be initiated by you on transactions that are ninety (90) days or older in order for them to occur. Payouts will be in the form of a check in US Dollars. Interest will not accumulate on accounts with the Merchant Processor.

Merchant Service Fees
All merchant services will incur a fee of ninety-five cents ($0.95) in addition to a percentage of a transaction.

All fees are to be considered to be in US Dollars, unless otherwise specified.

We reserve the right to amend our service fees and policies at any time. You agree to pay all fees and taxes incurred by using our Merchant Services.

As a seller in a credit card transaction, you understand and agree that you will be responsible for full charge-back fees including the charge-back itself to whomever the money is owed to or when the charge-back is initiated. If you have suspended or terminated your account with us or you have already received funds, you will remain liable for paying all chargeback fees in full. You understand that the Merchant Service Provider or anyone with appropriate authorization may implement this Agreement and other legal remedies in attempt to recover chargeback fees from you. As a precautionary measure to avoid chargebacks, Merchant Service Provider is not obliged to facilitate payment when funds for the transaction have not been posted.

Merchant Service Provider will collect all fees by subtracting the amount the seller owes the Merchant Service Provider (herein referred to as "Merchant Service Fees") from the amount that is paid to the seller for the transaction (herein referred to as "Seller Funds"). In the case that Seller Funds do not fulfill Merchant Service Fees, the difference will be charged to the Seller's account. You agree to authorize payment for any outstanding amounts by billing your account or a credit or debit card on file.

In the case that you have a reseller account, there will be additional fees associated with the account aside from the regular Merchant Service Fees included in this Agreement. By using this service, you and/or your client explicitly approve for us to debit the card used for a merchant transaction. The charges will appear as (please indicate what they will be charged as). You and/or your client agree to contact the Merchant Service Provider if any questions or concerns arise to a transaction made through us. We will verify the charges and will provide you with the answers to any questions you may have concerning a transaction. If there is a chargeback made by either you, one of your agents, or a customer, you hereby understand that (a) it is a breach of this Agreement; (b) you are agreeing to be wholly liable to the Merchant Service Provider; (c ) the Merchant Service Provider will charge thirty-five dollars ($35.00) per chargeback in addition to other relevant fees; and (d) that chargebacks may be grounds for suspension and or termination of Services and any relevant agreements. You understand that the Merchant Service Provider may halt any and all access to your website and/or account. Merchant Service Provider will assume all rights to and interest in all services and data that is in the Merchant Provider's system(s). This may be used as collateral. In order to initiate the reinstatement process, you must successful submit payment for any unpaid fees and for the reinstatement fee.  You understand that it is up to the Merchant Service Provider's discretion to reinstate your rights, access, and control over your accounts once your payment is received for the unpaid fees and the current reinstatement fee. The Merchant Service Provider may use or dispose of the Collateral as necessary in order to obtain monetary compensation for the outstanding fees owed to the Merchant Service Provider. You understand and agree that the Merchant Service Provider might delegate its rights to other agents who provide services to the Merchant Service Provider.

Limits
You understand that we have entered into this Agreement with you, individually. You comprehend that taking payment for another seller is expressly prohibited. You also agree that you will not use Services for transactions not specifically allowed by the Service. Your actions, or lack thereof, are prohibited to evade agreements as outlined in this Agreement.

Warranty
WE AND OUR AGENTS, SUPPLIERS AND LICENSORS OFFER OUR SERVICES "AS IS" AND WITHOUT ANY DIRECT OR INDIRECT WARRANTY AND CONDITION. WE AND OUR AGENTS, SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE AND WARRANTY OF NON-INFRINGEMENT. IF YOUR STATE DOES NOT HONOR THE DISCLAIMER OF IMPLIED WARRANTIES, THEN THE PREVIOUSLY OUTLINED DISCLAIMER MIGHT NOT BE APPLICABLE TO YOU. YOU MAY BE GRANTED CERTAIN LEGAL RIGHTS BY THIS WARRANTY AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT DIFFER FROM STATE TO STATE.

NOR WE WILL BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY TYPE REGARDLESS OF THE FORM OF ACTION. ADVISEMENT OF POSSIBLE DAMAGES DOES NOT WAIVE OUR LIABILITY CLAUSE. IN NO CASE SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER MAXIMUM TOTAL LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU IN EXCHANGE FOR SERVICES; MAXIMUM TOTAL LIABILITY SHOULD NEVER EXCEED FOUR HUNDRED DOLLARS ($400.00). IN THE CASE THAT YOUR STATE DOES NOT ALLOW LIABILITY LIMITATIONS OR EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OURS AND YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW. 

Liability Limitation

WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR LOST PROFITS CAUSED BY THE USE OF, OR INABILITY TO USE, THIS SITE OR SERVICES PROVIDED TO YOU OR YOUR COMPANY., WHETHER LIABILITY IS CONTENDED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND REGARDLESS IF YOU HAVE OR HAVE NOT BEEN ADVISED OF THE POSSIBILITY OF DAMAGE(S).
WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY TYPE REGARDLESS OF THE FORM OF ACTION. ADVISEMENT OF POSSIBLE DAMAGES DOES NOT WAIVE OUR LIABILITY CLAUSE. IN NO CASE SHALL OUR MERCHANT SERVICE PROVIDER MAXIMUM TOTAL LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU IN EXCHANGE FOR SERVICES; MAXIMUM TOTAL LIABILITY SHOULD NEVER EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT OF FEES PAID TO US BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION CAUSING LIABILITY. IN THE CASE THAT YOUR STATE DOES NOT ALLOW LIABILITY LIMITATIONS OR EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OURS AND YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW. 

Indemnification
You agree to release and agree to indemnify, defend, and hold Merchant Service Provider and all such parties' directors, officers, employees, and agents from and against any and all direct, indirect, incidental, special or consequential claims, damages, liabilities, costs, and expenses resulting from or relating to the Merchant Services you are obtaining from us, including reasonable attorney's fees, made by you or any third party as a result of your use of our Services.

Breach
You understand we will act accordingly, including possible termination or suspension of services, if you breach this Agreement in any form or if we are not able to confirm information you provide to us.

Law Compliance
You agree to pay all taxes and to observe all relevant laws and regulations concerning Service usage.

No Agency
You understand that this Agreement does not formulate an agency, partnership, joint-venture, employee-employer or franchisee-franchise relationship.
           
Trademarks
You may not make any modifications to any Merchant Service Provider's trademarks. You may only use said trademarks with express permission from the Merchant Service Provider and may only use Merchant Service Provider's trademarks with good judgement that will not cause a negative portrayal.
Notices
All notices will be sent via email and will be deemed delivered twenty-four (24) hours after it is sent. If the email address is deemed invalid, we may use alternate methods of service such as postage mail with return receipt requested. All mailings will be deemed delivered three days after it is sent, unless returned to us.

General
This Agreement shall be governed by United State laws and State of Texas laws. Any conflict matters or disputes regarding this Agreement shall be brought into a court with appropriate jurisdiction. If we fail to require performance of any provision included in this Agreement, it shall not affect our right to request performance at any point in time; a waiver by us of a breach of any provision included in this Agreement should not be considered to be a waiver of the provision itself. Should there be a provision that a Court deems to be unenforceable or invalid, it will not render the Agreement invalid or unenforceable as a whole. We will take the necessary steps to amend such unenforceable or invalid provision to a provision that achieves our original intent. We are not to be held responsible in the event that our Services are interrupted by factors out of our control. We will not be held responsible for any errors caused by other parties.

GEOTRUST CERTIFICATE SERVICES RESELLER AGREEMENT

By offering the Certificate of Services to others you agree to abide and uphold all terms and conditions outlined in this Certificate Services Reseller Agreement (herein referred to "CSRA"). "This CSRA is entered into by you, the primary service provider offering these services to you, if any, and us as (the "backend service provider"). You are identified by the contract information you provide to either the primary service provider and/or the backend service provider.

The terms of this CSRA become binding and fully enforceable once your acknowledgement of the CSRA is accepted and Certificate Services begin to be provided. This CSRA is valid for a period of two years and will continue to automatically renew every year thereafter unless there is a written notice of termination at least sixty (60) days prior to the expiration of the CSRA's current term. Nothing in this CSRA obligates you, a primary or backend service provider, or a sub-reseller to continue offering Certificate Services to any party through the end of the current term excluding Certificate Services for Certificate End Users. In the event that the backend service provider terminates certificate services, the CSRA will also be terminated. In any case, termination of certificate services will result in termination of this CSRA. All terms of the CSRA that, by their nature, extend beyond its termination will remain in effect until the terms have been fulfilled and shall apply to the respective successors. Neither party shall be liable to the other for any damages resulting merely from termination of the CSRA. 

Definitions:

  1. Certificate Services
    1. QuickSSLTM, QuickSSL Premium™, TrueBusinessID® and TrueBusinessID® Wildcard services and other digital certificate services offered by the backend service providers which you may resell to others who may also resell these.
  2. Sub-Resellers
    1. The person or entity who resells certificate services that were resold to said entity.
  3. Certificate End Users
    1. The end consumers of the Certificate Services
  4. Services Interface
    1. The interface which you use to configure the Certificate Services
  5. Subscriber Agreements/ Service Marks
    1. Include the QuickSSL™ Subscriber Agreement, QuickSSL Premium™ Subscriber Agreement, TrueBusinessID® Subscriber Agreement and TrueBusinessID® Wildcard Subscriber Agreement
  6. Application Programming Interface (API)
    1. A set of commands, functions, protocols, and objects that programmers can use to create software or to interact with an external system.
  7. Confidential Information
    1. The terms and conditions of this CSRA
    2. Each party's trade secrets, current or future business plans, strategies, opportunities, protocols, processes, methods, and/or practices
    3. Other relevant information that is not generally available to the public
    4. Referred user data collected and aggregated by the other party
    5. Web-based templates and API along with any modifications of them or related data
    6. Does not include information generally available to the public or information that became public knowledge through no fault of the other party, information known to a party without restriction that was not directly or indirectly acquired from the other party, information received by a third party that is legally allowed to provide such information, and any information developed by a party's agent who did not have access to the Confidential Information received under the Confidential Information section.

 

Your rights
Under this Agreement, you are allowed to sell the Certificate Services to Sub-Sellers and/or Certificate End Users.

            A party's failure to exercise a right under the CSRA shall not be considered a waiver of such right.

Your duties

This Agreement shall be posted on the Services Interface.

            It is your duty to frequently and adequately check the terms and conditions of this Agreement, for they may be modified at any time. If no longer are in agreement of the terms and conditions of this CSRA, it is your duty to terminate the Certificate Services.

            It is your duty to provide a sub-seller a copy of this CRSA. A sub-seller must agree to this CSRA in order to sell Certificate Services to that entity. They will have to review the CSRA from the perspective of "you" with you as their Primary Service Provider. We do not change as the backend service provider. If the sub-seller does not agree to this CSRA, you agree to hold the backend service harmless of any and all acts.

            You agree that the Primary Service Provider will use any personally identifying information provided by you as outlined in the Primary Service Provider's privacy policy and by the Backend Service Provider in accordance to their respective privacy policy.

Each party is responsible to pay any taxes incurred as a result of entry into the CSRA including, but not limited to, sales taxes, import duties, levies or imposts, value added, use taxes, and costs for the transfer of any property, right(s), or other grant issued by the CSRA.

You must request written consent from the Backend Service Provider prior to you or a Sub-Seller assigning the CRSA, or any of its rights, interests or obligations. Any other party to the CRSA is able to assign any of its rights, interests, or obligations without consent of the other party to party which takes possession of the acquiror by a validated transaction.

It is expressly your responsibility to maintain current contact information with the Primary Service Provider and Backend Service Provider.

 

Modifications to this Agreement

Amendments to this Agreement may be made at any time. Such amendments or modifications will become binding thirty (30) days after notice is posted of the changes made.

 

Subscriber Agreements

Subscriber Agreements may be modified at any time. You agree to hold us harmless if you do not secure agreement to the Subscriber Agreements listed in this CSRA found at http://www.geotrust.com/resources/cps/pdfs/quickssI_SA.pdf.

You agree to promote and advertise Certificate Services on your website(s) through where Certificate Services provided. During the term of the CSRA, you are granted a limited, revocable, non-transferable, non-sublicensable right to use and reproduce the Service Marks only to promote Certificate Services. You understand that you do not own Service Marks in any manner.

            You agree that the Backend Service Provider shall not be held liable for actions, or lack thereof, of the Primary Service Provider. You understand that the Primary Service Provider and Backend Service Provider are not agents for one another.

            You agree that electronic communication will be the primary method of contact between yourself and the Primary Service Provider and/or the Backend Service Provider. You agree that failure to respond in a timely manner to communication correspondence sent by the Primary Service Provider or Backend Service Provider may result in suspension and/or cancellation of Services. You will not be refunded any prepaid fees if your services are suspended and/or cancelled.

            You agree that you will protect and keep safe your account login information which is used to access Certificate Services. You agree not to provide an unauthorized third-party access to said account.

Fees

Fees are due to the backend service provider for the Certificate Services by you. If you are the primary service provider for a sub-seller or certificate end user, it is your responsibility to acquire payment from them. You and each sub-seller may set your own pricing and additional guidelines regarding payment(s). You and every sub-seller specifically agree to be held individually responsible to ensure that backend service provider receives full and timely payments.

            In the event that the backend service provider is providing merchant services relating to your Certificate End Users, you must communicate to them the following information detailed in this paragraph. You and your certificate end user agree to contact the Backend Service Provider if any questions or concerns arise due to a transaction made through us. We will verify the charges and will provide you with the answers to any questions you may have concerning a transaction. If there is a chargeback made by either you, one of your agents, or a customer, you hereby understand that (a) it is a breach of this Agreement; (b) you are agreeing to be wholly liable to the Backend Service Provider; (c ) the Backend Service Provider will charge thirty-five dollars ($35.00) per chargeback in addition to other relevant fees; and (d) that chargebacks may be grounds for suspension and or termination of Services and any relevant agreements. You understand that the Backend Service Provider may halt any and all access to any account which you, your sub-reseller(s), and certificate end users you and your sub-resellers have with the backend service provider. Backend Service Provider will assume all rights to and interest in all services and data that is in the Backend Service Provider's system(s) and may use it as collateral. In order to initiate the reinstatement process, you must successful submit payment for any unpaid fees and for the reinstatement fee.  You understand that it is up to the Backend Service Provider's discretion to reinstate your rights, access, and control over your accounts once your payment is received for the unpaid fees and the current reinstatement fee. The Backend Service Provider may use or dispose of the Collateral as necessary in order to obtain monetary compensation for the outstanding fees owed to the Backend Service Provider. You understand that payments made to your primary service provider, if you have one, do not off nullify outstanding payments due to the Backend Service Provider.
           
How Certificate Services are provided

            You should be aware that certificate services are provided through web-based, customizable templates and through an API. Web-based templates and API usage is by license only. Such license is non-transferable, non-sublicensable and revocable. You understand and agree that you do not own or hold a proprietary interest in the web-based templates and/or the API. You agree to not alter the engineering of or copy the web-based templates and/or the API in any matter except as allowed in this CSRA.

Joint Ownership of Certificate End User Information

Subject to limitations provided in this CSRA, Certificate End User information shall be jointly owned by you and the backend service provider -- such information includes information provided during the application process and information collected throughout the term the CSRA is valid. You have the legal right to use said information as legally necessary. You agree to comply with the terms and conditions of the backend service provider's privacy policies concerning information gathered relating to this CSRA.

Representations or Warranties

Subject to the terms of the CSRA, neither Reseller nor sub-seller shall make any representations or warranties pertaining to Certificate Services. Each party represents and warrants that it has the right to enter into the CSRA, to grant the rights granted in the CSRA, and that its entity will not breach its duties to any third party. Each party represents and warrants that it has the right to sign and be bound by this CSRA. Once the CSRA is signed by both parties, it is deemed valid and binding. Reseller represents and warrants that if it acts as an agent for the Sub-reseller, it has the authorization to. Nothing in this CSRA shall be considered as authorization for one party to bind, represent, or act as an agent for another party, unless expressly specified and authorized in writing.

Violations

If this the terms and conditions of this CSRA are violated by either the Primary Service Provider or the Backend Service Provider, Services may be suspended and/or terminated. If certificate services are terminated due to a breach, the CSRA will also be terminated. In the event that Services are suspended or terminated, you agree that any and all pre-paid fees will not be refunded to you.

Hindering of Performance Beyond Reasonable Control

In the event that a party's performance of obligations under this CSRA is hindered beyond their reasonable control, that party's obligations performance shall be temporarily excused and the timeframe for the performance shall be elongated for the hindrance period.

Non-Disclosure

Each party entering into and executing performance of this CSRA will have access to certain Confidential Information of the other party. Each party understands that such information may affect the other party's business. Each party agrees that during the Term of this CSRA and for a period of three (3) years thereafter, each party shall not disclose in any manner any Confidential Information of another party except as required in this CSRA and for such purposes only. A party must have written consent for disclosure of a party's Confidential Information to a third party from the appropriate, authorized party representative. The Non-Disclosure section of this CSRA will not be violated in the event that disclosure of a party's Confidential Information is required for any legal investigation or proceeding, the other party has been given notice, and the disclosing party has exhausted all available safeguards to keep the Confidential Information against widespread disbursement upon release.

Warranty

EXCEPT AS EXPRESSLY WARRANTED IN THE CSRA, SERVICES ARE OFFERED "AS IS" AND WITHOUT ANY DIRECT OR INDIRECT WARRANTY AND CONDITION. ALL PARTIES EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE AND WARRANTY OF NON-INFRINGEMENT. IF YOUR STATE DOES NOT HONOR THE DISCLAIMER OF IMPLIED WARRANTIES, THEN THE PREVIOUSLY OUTLINED DISCLAIMER MIGHT NOT BE APPLICABLE TO YOU. YOU MAY BE GRANTED CERTAIN LEGAL RIGHTS BY THIS WARRANTY AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT DIFFER FROM STATE TO STATE.

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR LOST PROFITS CAUSED BY THE USE OF, OR INABILITY TO USE, THIS SITE OR SERVICES PROVIDED TO YOU OR YOUR COMPANY., WHETHER LIABILITY IS CONTENDED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND REGARDLESS IF YOU HAVE OR HAVE NOT BEEN ADVISED OF THE POSSIBILITY OF DAMAGE(S). IN NO CASE SHALL LIABILITY EXCEED THE AMOUNT PAYABLE TO US UNDER THE CSRA. IN THE CASE THAT YOUR STATE DOES NOT ALLOW LIABILITY LIMITATIONS OR EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OURS AND YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.

THIS CLAUSE DOES NOT LIMIT A PARTY'S LIABILITY TO ANOTHER PARTY FOR WILFUL AND MALICIOUS MISCONDUCT AND/OR INDEMNIFICATION OR CONFIDENTIALITY OBLIGATIONS.

Indemnification

YOU AGREE TO RELEASE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND SERVICE PROVIDER, THEIR AGENTS, DIRECTORS, EMPLOYEES, OFFICERS AND AFFILIATES FROM ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LIABILITIES RESULTING FROM OR RELATING TO THE CERTIFICATE RESELLER SERVICES YOU ARE OBTAINING. THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER MAY REQUEST THAT YOU PROVIDE IT WITH WRITTEN REASSURANCES, WHICH MAY COME IN THE FORM OF POSTING A PERFORMANCE BOND, OR OTHER MEASURES REASONABLY CALCULATED. FAILURE TO PROVIDE THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER WITH THE REQUESTED ASSURANCES WILL BE CONSIDERED A BREACH OF THIS AGREEMENT.

Settlement

            A party must inform and request consent of the other party before settling, compromising, or consenting to the entry of a judgement regarding a pending or threatened claim except when a full and unconditional release of all claims, damages, liabilities, costs and expenses, including reasonable attorney's fees, is included for the indemnified party.

 

Governing law

This Agreement, in its entirety, shall be governed by the laws of the United States of America and the State of Texas as if this Agreement was a contract wholly entered into and performed within the State of Texas. You agree that any legal action regarding this Agreement shall be brought to the Court with appropriate jurisdiction. Service of process on you by either the Primary Service Provider or the Backend Service Provider, may be made via first class mail or via electronic service to the addresses listed on your Account and/or provided to the Primary Service Provider or the Backend Service Provider.

SYMANTEC CERTIFICATE SERVICES RESELLER AGREEMENT

By offering the Certificate of Services to others you agree to abide and uphold all terms and conditions outlined in this Certificate Services Reseller Agreement (herein referred to "CSRA"). "This CSRA is entered into by you, the primary service provider offering these services to you, if any, and us as (the "backend service provider"). You are identified by the contract information you provide to either the primary service provider and/or the backend service provider.

The terms of this CSRA become binding and fully enforceable once your acknowledgement of the CSRA is accepted and Certificate Services begin to be provided. This CSRA is valid for a period of two years and will continue to automatically renew every year thereafter unless there is a written notice of termination at least sixty (60) days prior to the expiration of the CSRA's current term. Nothing in this CSRA obligates you, a primary or backend service provider, or a sub-reseller to continue offering Certificate Services to any party through the end of the current term excluding Certificate Services for Certificate End Users. In the event that the backend service provider terminates certificate services, the CSRA will also be terminated. In any case, termination of certificate services will result in termination of this CSRA. All terms of the CSRA that, by their nature, extend beyond its termination will remain in effect until the terms have been fulfilled and shall apply to the respective successors. Neither party shall be liable to the other for any damages resulting merely from termination of the CSRA. 

Definitions:

  1. Certificate Services
    1. TrustLogoSymanetc SSL ("Seal") Certificate, Secure Site Pro Certificate , Symantec Managed PKI for SSI, Symantec Managed Security Services Certificate, Symantec Shared Hosting Security Certificate, Symantec Trust Network, Symantec Payment, Symantec Payflow Link Payment, and Symantec Payflow Pro payment services (including Digital Certificates, Public Keys, and Private Keys) and other digital certificate services offered by the backend service providers which you may resell to others who may also resell these.
  2. Sub-Resellers
    1. The person or entity who resells certificate services that were resold to said entity.
  3. Certificate End Users
    1. The end consumers of the Certificate Services
  4. Services Interface
    1. The interface which you use to configure the Certificate Services
  5. Subscriber Agreements/ Service Marks
    1. Include the Symantec Secured Seal License Agreement (which be found  at http://www.verisign.com/repository/secured_seal_agree.html) and the Symantec SSL Certificate Subscriber Agreement (which can be found at http://www.verisign.com/repository/agreements/serverClass3Org.html)

Application Programming Interface (API)

    1. A set of commands, functions, protocols, and objects that programmers can use to create software or to interact with an external system.
  1. Confidential Information
    1. The terms and conditions of this CSRA
    2. Each party's trade secrets, current or future business plans, strategies, opportunities, protocols, processes, methods, and/or practices
    3. Other relevant information that is not generally available to the public
    4. Referred user data collected and aggregated by the other party
    5. Web-based templates and API along with any modifications of them or related data
    6. Does not include information generally available to the public or information that became public knowledge through no fault of the other party, information known to a party without restriction that was not directly or indirectly acquired from the other party, information received by a third party that is legally allowed to provide such information, and any information developed by a party's agent who did not have access to the Confidential Information received under the Confidential Information section.

Your rights

Under this Agreement, you are allowed to sell the Certificate Services to Sub-Sellers and/or Certificate End Users.

            A party's failure to exercise a right under the CSRA shall not be considered a waiver of such right.

Your duties

This Agreement shall be posted on the Services Interface.

            It is your duty to frequently and adequately check the terms and conditions of this Agreement, for they may be modified at any time. If no longer are in agreement of the terms and conditions of this CSRA, it is your duty to terminate the Certificate Services.

            It is your duty to provide a sub-seller a copy of this CRSA. A sub-seller must agree to this CSRA in order to sell Certificate Services to that entity. They will have to review the CSRA from the perspective of "you" with you as their Primary Service Provider. We do not change as the backend service provider. If the sub-seller does not agree to this CSRA, you agree to hold the backend service harmless of any and all acts.

            You agree that the Primary Service Provider will use any personally identifying information provided by you as outlined in the Primary Service Provider's privacy policy and by the Backend Service Provider in accordance to their respective privacy policy found.

Each party is responsible to pay any taxes incurred as a result of entry into the CSRA including, but not limited to, sales taxes, import duties, levies or imposts, value added, use taxes, and costs for the transfer of any property, right(s), or other grant issued by the CSRA.

You must request written consent from the Backend Service Provider prior to you or a Sub-Seller assigning the CRSA, or any of its rights, interests or obligations. Any other party to the CRSA is able to assign any of its rights, interests, or obligations without consent of the other party to party which takes possession of the acquiror by a validated transaction.

It is expressly your responsibility to maintain current contact information with the Primary Service Provider and Backend Service Provider.

 

Modifications to this Agreement

Amendments to this Agreement may be made at any time. Such amendments or modifications will become binding thirty (30) days after notice is posted of the changes made.

 

Subscriber Agreements

Subscriber Agreements may be modified at any time. You agree to hold us harmless if you do not secure agreement to the Subscriber Agreements listed in this CSRA.

You agree to promote and advertise Certificate Services on your website(s) through where Certificate Services provided. During the term of the CSRA, you are granted a limited, revocable, non-transferable, non-sublicensable right to use and reproduce the Service Marks only to promote Certificate Services. You understand that you do not own Service Marks in any manner.

            You agree that the Backend Service Provider shall not be held liable for actions, or lack thereof, of the Primary Service Provider. You understand that the Primary Service Provider and Backend Service Provider are not agents for one another.

            You agree that electronic communication will be the primary method of contact between yourself and the Primary Service Provider and/or the Backend Service Provider. You agree that failure to respond in a timely manner to communication correspondence sent by the Primary Service Provider or Backend Service Provider may result in suspension and/or cancellation of Services. You will not be refunded any prepaid fees if your services are suspended and/or cancelled.

            You agree that you will protect and keep safe your account login information which is used to access Certificate Services. You agree not to provide an unauthorized third-party access to said account.

Fees

Fees are due to the backend service provider for the Certificate Services by you. If you are the primary service provider for a sub-seller or certificate end user, it is your responsibility to acquire payment from them. You and each sub-seller may set your own pricing and additional guidelines regarding payment(s). You and every sub-seller specifically agree to be held individually responsible to ensure that backend service provider receives full and timely payments.

            In the event that the backend service provider is providing merchant services relating to your Certificate End Users, you must communicate to them the following information detailed in this paragraph. You and your certificate end user agree to contact the Backend Service Provider if any questions or concerns arise due to a transaction made through us. We will verify the charges and will provide you with the answers to any questions you may have concerning a transaction. If there is a chargeback made by either you, one of your agents, or a customer, you hereby understand that (a) it is a breach of this Agreement; (b) you are agreeing to be wholly liable to the Backend Service Provider; (c ) the Backend Service Provider will charge thirty-five dollars ($35.00) per chargeback in addition to other relevant fees; and (d) that chargebacks may be grounds for suspension and or termination of Services and any relevant agreements. You understand that the Backend Service Provider may halt any and all access to any account which you, your sub-reseller(s), and certificate end users you and your sub-resellers have with the backend service provider. Backend Service Provider will assume all rights to and interest in all services and data that is in the Backend Service Provider's system(s) and may use it as collateral. In order to initiate the reinstatement process, you must successful submit payment for any unpaid fees and for the reinstatement fee.  You understand that it is up to the Backend Service Provider's discretion to reinstate your rights, access, and control over your accounts once your payment is received for the unpaid fees and the current reinstatement fee. The Backend Service Provider may use or dispose of the Collateral as necessary in order to obtain monetary compensation for the outstanding fees owed to the Backend Service Provider. You understand that payments made to your primary service provider, if you have one, do not off nullify outstanding payments due to the Backend Service Provider.
           
How Certificate Services are provided

            You should be aware that certificate services are provided through web-based, customizable templates and through an API. Web-based templates and API usage is by license only. Such license is non-transferable, non-sublicensable and revocable. You understand and agree that you do not own or hold a proprietary interest in the web-based templates and/or the API. You agree to not alter the engineering of or copy the web-based templates and/or the API in any matter except as allowed in this CSRA.

Joint Ownership of Certificate End User Information

Subject to limitations provided in this CSRA, Certificate End User information shall be jointly owned by you and the backend service provider -- such information includes information provided during the application process and information collected throughout the term the CSRA is valid. You have the legal right to use said information as legally necessary. You agree to comply with the terms and conditions of the backend service provider's privacy policies concerning information gathered relating to this CSRA available. 

Representations or Warranties

Subject to the terms of the CSRA, neither Reseller nor sub-seller shall make any representations or warranties pertaining to Certificate Services. Each party represents and warrants that it has the right to enter into the CSRA, to grant the rights granted in the CSRA, and that its entity will not breach its duties to any third party. Each party represents and warrants that it has the right to sign and be bound by this CSRA. Once the CSRA is signed by both parties, it is deemed valid and binding. Reseller represents and warrants that if it acts as an agent for the Sub-reseller, it has the authorization to. Nothing in this CSRA shall be considered as authorization for one party to bind, represent, or act as an agent for another party, unless expressly specified and authorized in writing.

Violations

If this the terms and conditions of this CSRA are violated by either the Primary Service Provider or the Backend Service Provider, Services may be suspended and/or terminated. If certificate services are terminated due to a breach, the CSRA will also be terminated. In the event that Services are suspended or terminated, you agree that any and all pre-paid fees will not be refunded to you.

Hindering of Performance Beyond Reasonable Control

In the event that a party's performance of obligations under this CSRA is hindered beyond their reasonable control, that party's obligations performance shall be temporarily excused and the timeframe for the performance shall be elongated for the hindrance period.

Non-Disclosure

Each party entering into and executing performance of this CSRA will have access to certain Confidential Information of the other party. Each party understands that such information may affect the other party's business. Each party agrees that during the Term of this CSRA and for a period of three (3) years thereafter, each party shall not disclose in any manner any Confidential Information of another party except as required in this CSRA and for such purposes only. A party must have written consent for disclosure of a party's Confidential Information to a third party from the appropriate, authorized party representative. The Non-Disclosure section of this CSRA will not be violated in the event that disclosure of a party's Confidential Information is required for any legal investigation or proceeding, the other party has been given notice, and the disclosing party has exhausted all available safeguards to keep the Confidential Information against widespread disbursement upon release.

Warranty

EXCEPT AS EXPRESSLY WARRANTED IN THE CSRA, SERVICES ARE OFFERED "AS IS" AND WITHOUT ANY DIRECT OR INDIRECT WARRANTY AND CONDITION. ALL PARTIES EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE AND WARRANTY OF NON-INFRINGEMENT. IF YOUR STATE DOES NOT HONOR THE DISCLAIMER OF IMPLIED WARRANTIES, THEN THE PREVIOUSLY OUTLINED DISCLAIMER MIGHT NOT BE APPLICABLE TO YOU. YOU MAY BE GRANTED CERTAIN LEGAL RIGHTS BY THIS WARRANTY AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT DIFFER FROM STATE TO STATE.

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR LOST PROFITS CAUSED BY THE USE OF, OR INABILITY TO USE, THIS SITE OR SERVICES PROVIDED TO YOU OR YOUR COMPANY., WHETHER LIABILITY IS CONTENDED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND REGARDLESS IF YOU HAVE OR HAVE NOT BEEN ADVISED OF THE POSSIBILITY OF DAMAGE(S). IN NO CASE SHALL LIABILITY EXCEED THE AMOUNT PAYABLE TO US UNDER THE CSRA. IN THE CASE THAT YOUR STATE DOES NOT ALLOW LIABILITY LIMITATIONS OR EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OURS AND YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.

THIS CLAUSE DOES NOT LIMIT A PARTY'S LIABILITY TO ANOTHER PARTY FOR WILFUL AND MALICIOUS MISCONDUCT AND/OR INDEMNIFICATION OR CONFIDENTIALITY OBLIGATIONS.

Indemnification

YOU AGREE TO RELEASE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND SERVICE PROVIDER, THEIR AGENTS, DIRECTORS, EMPLOYEES, OFFICERS AND AFFILIATES FROM ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LIABILITIES RESULTING FROM OR RELATING TO THE CERTIFICATE RESELLER SERVICES YOU ARE OBTAINING. THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER MAY REQUEST THAT YOU PROVIDE IT WITH WRITTEN REASSURANCES, WHICH MAY COME IN THE FORM OF POSTING A PERFORMANCE BOND, OR OTHER MEASURES REASONABLY CALCULATED. FAILURE TO PROVIDE THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER WITH THE REQUESTED ASSURANCES WILL BE CONSIDERED A BREACH OF THIS AGREEMENT.

Settlement

            A party must inform and request consent of the other party before settling, compromising, or consenting to the entry of a judgement regarding a pending or threatened claim except when a full and unconditional release of all claims, damages, liabilities, costs and expenses, including reasonable attorney's fees, is included for the indemnified party.

 

Governing law

This Agreement, in its entirety, shall be governed by the laws of the United States of America and the State of Texas as if this Agreement was a contract wholly entered into and performed within the State of Texas. You agree that any legal action regarding this Agreement shall be brought to the Court with appropriate jurisdiction. Service of process on you by either the Primary Service Provider or the Backend Service Provider, may be made via first class mail or via electronic service to the addresses listed on your Account and/or provided to the Primary Service Provider or the Backend Service Provider.