Your domain registration will be effective upon occurrence of all of the following:
You accept all terms and conditions of this Registration Agreement and the the Company’s Terms of Service and its ancillary documents;
The Company accepts (in its sole discretion) your domain registration application;
The Company receives payment of the registration, renewal and reinstatement fees, as applicable; and
The Company delivers the domain registration information you provide to the registry administrator for the applicable TLDs and the Registry Administrator puts into effect your domain registration application.
Limitation of Liability
You understand that the Company does not control all aspects of the domain registration process. For example, once you submit a domain registration, the Company forwards the information contained in the registration to the appropriate Registry Administrator for processing and actual registration of the name. The Company disclaims, and you agree, that the Company is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrator. The Company will not be held liable, nor refund a domain name registration due to spelling errors/typos.
Multiple Domain Registrations
The Company, in accordance with ICANN policies, reserves the rights to refuse to register multiple domain registrations.
Fees
Payment of fees as a condition to domain registration. As consideration for the domain registration service provided by the Company, you agree to pay the Company, prior to the effectiveness of the desired domain registration, all registration and other applicable fees as indicated via the payment method selected at the time of registration. All fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled or transferred prior to the end of your then-current registration term. It is the responsibility of the listed registrant for the domain name to maintain records appropriate to document and prove the initial domain name registration date.
Reservation of right to modify fees. The Company reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time with 30 days’ notice, for any reason, at its sole discretion.
Credit card charge-backs for domain registrations. In the event of a charge-back to the Company by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to the Company, as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. the Company also reserves the right to lock your account and the remainder of your domains until we receive your payment of any administrative fees and/or chargeback fees. In the Company’s sole discretion, we may reinstate your domain registration, subject to the Company’s receipt of the registration fee and any administrative and/or chargeback fees described above.
Credit card charge-backs for non-domain registration services. In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until we receive your payment of any administrative fees and/or chargeback fees. In the Company’s sole discretion, we may reinstate your services, subject to the Company’s receipt of the non-domain registration fee and any administrative and/or chargeback fees described above.
Required Domain Registration Information
Registration information. As part of the domain registration process and in accordance with ICANN policies, a Registered Name Holder is required to submit, and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the “Registration Information”):
The domain registrant’s name and postal address;
The domain being requested;
Administrative contact information, including the name, postal address, email address, telephone number, and where available, fax number of the administrative contact for the domain; and
Technical contact information, including the name, postal address, email address, telephone number, and where available, fax number of the technical contact for the domain; and
Billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain.
Additional registration information. In addition, in accordance with ICANN policies, the Company is obligated to submit and keep current, complete and accurate additional information relating to a domain registration, which may include the following (collectively, “Additional Registration Information”):
The original creation date of the domain registration;
The submission date and time of the registration to us and by us to the proper registry;
Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
Account records for your domain registration, including dates and amounts of all payments and refunds;
The IP addresses of the primary nameserver and any secondary nameservers for the domain;
The corresponding names of those nameservers;
The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain;
The name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain;
The expiration date of the registration; and
Information regarding all other activity between you and us regarding your domain registration and related services.
Use of Registration Information and Additional Registration Information. You agree and acknowledge that the Company will make available the Registration Information and the Additional Registration Information to ICANN; to other third party Registry Administrators such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International; and as applicable laws may require or permit. Additionally, you acknowledge and agree that ICANN and the Registry Administrators may establish guidelines, limits and/or requirements that relate to the amount and type of information that the Company may or must make available to the public or to private entities, and the manner in which such information is made available. Further, you hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your registration of the domain. Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise or have arose from such disclosure or use of your Registration Information and the Additional Registration Information.
Information updating and accuracy obligations. As a condition to continued registration of your domain, you must provide us with updated Registration Information within seven (7) days of any changes to such information. You may review, modify or update your Registration Information by accessing the Company’s domain manager service, domain management console or similar service, made available at our website. In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information within seven (7) days of any change, then you will be in material breach of this Registration Agreement and we may in our sole discretion cancel your domain registration. You further agree that your failure to respond within ten (10) days to any inquiry by the Company concerning the accuracy of the Registration Information or to contact the Company immediately upon discovery of any willful inaccuracy (including, e.g., phone number listed as 000-0000) associated with your domain registration shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of your domain registration. You further represent that you have obtained consent from any third-party individuals whose personal data you have provided as Registration Information.
Information requirements for renewals. Upon renewal of your domain registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your domain registration may not be renewed.
Ownership of data. You agree and acknowledge that the Company owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database (“Domain Database”), and all information and derivative works generated from such Domain Database, which contains Registration Information and Additional Registration Information. You further agree and acknowledge that the Company may use the following information for those domain registrations for which we are the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (d) any remarks concerning the registered domain that appear or should appear in the WHOIS or similar database; and (e) any other information the Company generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. The Company does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database. The Company agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration or destruction.
Registrant Verification. You understand and agree that Registrar is required to verify the Registered Name Holder’s email address within 15 days of any registration, transfer, or change to the Registered Name Holder’s contact information. The Domain Name Holder’s failure to verify the contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).
In addition, you understand and agree that Registrar is required to verify any changes to any WHOIS contact information within 15 days of any change. The Domain Name Holder’s failure to verify such changes within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).
Domain Privacy Service
If you purchased domain privacy services (“Domain Privacy”), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by the Company as determined in its sole discretion (the “Private WHOIS Contact Information”).
Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.
The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. The Company may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.
Notwithstanding anything to the contrary, you agree that the Company may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize the Company to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that the Company is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first class U.S. postal mail; however, the Company will NOT forward “junk” mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize the Company to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded or referred to you by the Company.
If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.
Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search. Domain Privacy renewals after initial purchase will be at the standard list price, which is available by logging in to your account.
The Company expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you:
To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;
To comply with ICANN’s Uniform Domain Name Dispute Resolution Policy;
To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party’s trademark, trade name, or other legal rights;
In the event you breach any provision of this Registration Agreement or any other agreement you’ve entered into with the Company, including, but not limited to, the Terms of Service;
To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;
To avoid any financial loss or legal liability (civil or criminal) on the part of the Company, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;
To prevent inappropriate activity that comes to the Company’s attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.
Pursuant to paragraph 3.7.7.3 of ICANN’s Registrar Accreditation Agreement (“RAA”), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing the full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for any harm caused by wrongful use of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder reasonable evidence of actionable harm.
Domain Parking
Upon registration, the domain will be automatically placed on name servers provided by the Company, and Internet users that type in the domain will be redirected to a “coming soon” page (collectively, “parking a domain” or a “parked domain”). There is no charge for parking a domain. You hereby consent to and authorize the Company’s placement of a “coming soon” page, and its associated contents, on your parked domain. You may change the name server configuration (or “un-park” the domain) after the registration is complete. If you need to register name servers using the domains that you are currently registering, the names will initially be parked with the Company until you modify the name servers after the domain registration is complete, using your account manager.
In the event your domain registration expires, your registration is no longer valid. If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an “expired” page (collectively, “parking a domain” or a “parked domain”). There is no charge for the parked domain. By not renewing the domain, the Company may place an “expired” page, and its associated contents, on the parked domain. You may change the name server configuration (or “un-park” the domain) after the renewal is complete. If you need to register name servers using the domains that you are currently renewing, the names will initially be parked with the Company until you modify the name servers after the domain renewal is complete, using your account manager.
The “coming soon” and/or “expired” pages may contain advertisements and other materials selected by the Company, in the Company’s sole discretion. This may include, but is not limited to third-party websites, third-party product and service offerings, and/or Internet search engines. The Company reserves the right to collect and retain all revenue obtained from such advertising and other materials.
DNS Wildcard. In the event you utilize the Company’s DNS management services and fail to configure a wildcard DNS for your domain, the Company may insert wildcard DNS records to resolve subdomains of your domain that would not otherwise resolve. The Company may point those subdomains to a web page that may contain advertisements and other materials selected by the Company in the Company’s sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines.
Registration Renewal
Renewal obligations. You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. the Company shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.
You may be notified at the Company’s sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by such other method as we indicate in the renewal form. If your billing information is not accurate, you are solely responsible for the failure to renew.
Autorenewal. You agree that if you paid for any services provided hereunder by credit card or other payment service (such as PayPal), you hereby authorize but do NOT obligate, the Company to automatically charge your credit card or payment service account and renew the applicable service(s) on or before their renewal date using the credit card or other acceptable payment information you have provided to the Company, unless you notify the Company that you do not wish to participate in the Company’s automatic renewal process. The Company must receive notification of your intent to not renew (opt-out) no later than sixteen (16) days prior to the renewal date. In the absence of such notification from you, the Company will automatically renew, for a period of one (1) or two (2) years, as set forth by the applicable registry depending on the TLD or ccTLD of your domain name, any domain that is up for renewal and will charge the credit card or payment service account you have on file with the Company, at the Company’s then current rates. You are solely responsible for the credit card or other payment information you provide to the Company and must promptly inform the Company of any changes thereto (e.g., change of expiration date or account number). If the credit card or payment service account has expired or is otherwise invalid, you are solely responsible for a failure to renew and the Company shall not be liable for your failure.
Expired domain names. You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer (“ED Transfer”).
New customers through domain auction or brokerage partners and/or ED Transfers. If you are registering a domain name that was registered with, and not yet deleted by, the Company at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of an ED Transfer (defined above). You will not be compensated for the inability to use the domain from the time it was expired until the time you are able to use the domain in your account. NOTE: You may not transfer your domain name to another Registrar for sixty (60) days from the date of any previous transfer.
Domain Dispute Resolution Policy
You agree to be bound by the appropriate domain dispute resolution policy (“Dispute Policy”) applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which can be found here. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Registration Agreement. Certain disputes are subject to the applicable Dispute Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold the Company harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. The Dispute Policy may be modified at any time by ICANN or the applicable Registry Administrator, and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the second level domain (“SLD”) name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder’s domicile and (2) where registrar is located. In addition, you agree to the rules of ICANN’s Uniform Rapid Suspension (“URS”) and to submit to any proceedings commenced pursuant to the URS, if applicable.
Change of Registrant Of Domains
Change of Registrant. Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant’s name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN’s Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
We are required to deny a change of registrant for any of the following reasons:
the domain name registration agreement has expired and the registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar;
the change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or
the domain name is subject to a domain name dispute proceeding, including, but not limited to, the following:
Uniform Domain-Name Dispute-Resolution Policy (UDRP) (https://www.icann.org/resources/pages/help/dndr/udrp-en);
Uniform Rapid Suspension (URS) (https://www.icann.org/resources/pages/urs-2014-01-09-en);
Registrar Transfer Dispute Resolution Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en);or
a court order.
Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request.
Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant.
Designated Agent. You hereby explicitly authorize us to act as “Designated Agent” to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with and pursuant to the requirements of ICANN’s Transfer Policy.
Transfer of registration to another registrant. The entity or person named as the “registrant” at the time the controlling user name and password are secured shall be the registrant of the domain. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, the Company reserves the right to enforce any amount published for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of ownership of the domain, the party to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Registration Agreement. Your domain will not be transferred until we receive such written assurances (or reasonable assurance as determined by the Company in its sole discretion) and actual payment of the transfer fee, if any is imposed. You acknowledge and agree that if you attempt to transfer your domain registration without paying the Company the amount published for the transfer of ownership of a domain, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain.
When changing the name of registrant within the Company, you agree that at the Company’s discretion, the domain name may be changed back to the registrant listed immediately prior to the change upon written (email is acceptable) request within five (5) days (or such reasonable time as determined at the Company’s discretion) by registrant that was listed immediately prior to change or in the event of suspected fraud in connection with the change of the registrant name as determined by the Company in its sole discretion.
Transfer of registration to or from another registrar. When transferring a domain name into the Company as the new registrar of record and simultaneously changing the name of registrant or subsequently changing the name of registrant, you agree that the domain name may be re-transferred back to the losing registrar upon written (email is acceptable) request by registrant that was listed immediately prior to transfer or upon request by losing registrar or in the event of suspected fraud in connection with the transfer as determined by the Company in its sole discretion. At the time of transfer into the Company, you must complete all required information requested through the online transfer application, i.e., contact information, nameserver information, etc. the Company may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar.
RESTRICTIONS ON REGISTRAR TRANSFERS. For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into the Company. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to the Company for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by the Company to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Transfer Policy (available here).
For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Transfer Policy (available here).
Agents and Licensing
You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Registration Agreement, including the applicable Dispute Policy. The name listed as registrant of the domain or the appropriate officer of a listed Organization (at the Company’s discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing). Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Registration Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you accept liability for any actions of the licensee using the domain unless you promptly disclose the current contact information provided to you by the licensee and the identity of the licensee to any party providing reasonable evidence of actual harm.
Representations and Warranties
In the event that, in registering the domain, you are providing information related to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Registration Agreement, and (b) that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.
Indemnification
Indemnification of the Company. You will indemnify, hold harmless, and defend the Company and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, the Registry Administrators, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the “Indemnified Parties”) from any and all Claims. “Claim” means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and costs)), which arises out of: (a) your breach of this Registration Agreement or any of the Company’s policies applicable to this domain registration or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). “Reasonable attorneys’ fees and costs” as used in this Section 13 includes without limitation fees and costs incurred to interpret or enforce this Section 13. the Company may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. The Company will provide you with reasonably prompt notice of any Claim.
Indemnification of ICANN and Registry Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs and any other expenses arising out of or related to your domain registration and any disputes regarding same. Some Registry Operators may not allow this indemnification provision to apply, as contained herein; in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.
These indemnification obligations shall survive the termination or expiration of this Registration Agreement.
Warranty Disclaimer; Limitation of Liability
Disclaimer of warranty. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.
Limitation of liability. YOU AGREE THAT THE COMPANY AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ REASONABLE CONTROL; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. THE COMPANY AND THE INDEMNIFIED PARTIES ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION.
Term and Termination
Term. The term of this Registration Agreement commences on the day you accept this Registration Agreement to the day until the occurrence of any of the following: (a) your domain registration is cancelled; (b) your domain is transferred to a third party; or (c) your domain expires or is terminated (in accordance with Section 15.c, below) (collectively, “Termination”). Your obligation to pay any fees or other amounts under this Agreement which arose prior to expiration or other termination of this Registration Agreement shall survive any such expiration or termination.
Domain suspension, cancellation or transfer. You acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, “Cancellation”) (a) to correct mistakes by the Company, another registrar, or a Registry Administrator in administering the domain name or (b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure. It is your responsibility to verify if any domain is infringing anyone else’s rights, prior to registration. If the domain name you have registered is found to be infringing on another person’s rights, determined in the Company’s discretion, the Company has the right to cancel your registration immediately. If you are in willful violation of our agreement, you will not be entitled to any refund. You also agree that the Company shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain registration upon up to seven (7) calendar days prior notice or after such time as the Company receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain registration.
Termination. The Company reserves the right to suspend, cancel, transfer or modify your domain registration if: (a) you materially breach this Registration Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by the Company; (b) you use the domain to send unsolicited email, in violation of this Registration Agreement or applicable laws; (c) you use your domain in connection with unlawful activity; or (d) you otherwise violate this Registration Agreement as determined by the Company in its sole discretion. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.
Survival. The following provisions will survive Termination or Cancellation of this Registration Agreement: Sections 2, 9, 12, 13, 14, 15 and 16.
Additional Terms
Governing law; jurisdiction. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Registration Agreement, your rights and obligations and all actions contemplated by this Registration Agreement shall be governed by as follows. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Wyoming.
Arbitration. Your use of the Services is also governed by the following:
Notices. You agree that any notices required to be given under this Registration Agreement by the Company to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
Relationship. The Company and you are independent contractors and nothing contained in this Registration Agreement places the Company and you in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Registration Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Severability. If any provision or portion of any provision of this Registration Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Assignment. You may not assign or transfer this Registration Agreement or any of your rights or obligations hereunder, without the prior written consent of the Company and/or without using the Company’s domain transfer process in compliance with ICANN’s policies. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. The Company may assign its rights and obligations under this Registration Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Registration Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. You agree that the Company may transfer your domain name from one accredited registrar to another accredited registrar without requiring your consent, to the extent not prohibited by ICANN or applicable registry rules or by applicable law.
Intellectual property. Except for your Content (as defined above), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Company Content”), are the proprietary property of the Company. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purposes in any form or by any means, in whole or in part, other than as expressly permitted in this Registration Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of the Company Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the services and the Company Content granted herein. All rights of the Company or its licensors that are not expressly granted in this Registration Agreement are reserved to the Company and its licensors.
Entire agreement. This Registration Agreement, and the attachments and documents referenced herein, including but not limited to the applicable Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and the Company, and supersede and govern all prior proposals, agreements, or other communications with respect to the subject matter hereof.
Covered Entities
For the sake of this policy, the covered entities to which it is applied are:
Our website - https://www.cymru-hosting.co.uk
This privacy policy covers personal information, including any information we collect, use, and share from you, as described below.
This privacy policy does not cover how our Users may share data that they collect using our services.
Information We Collect From You
Website Visitors
Like most website operators, cymru-hosting collects non-personally-identifying information of the sort that web browsers and servers typically make available such as:
Browser Type
Language Preference
Referring Site
Date & Time of each visitor request
Pages Your View
Our purpose to collecting non-personally identifying information is to better understand how cymru-hosting's visitors use its website.
cymru-hosting also collects potentially personal-identifying information like:
Email address
Personal website URL
Internet Protocol (IP) address for logged in users
Internet Protocol (IP) address for users placing an order
Internet Protocol (IP) address for users leaving comments on our blog
cymru-hosting only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.
Signing Up For Services; User Information
To provide web hosting services and/or domain registration/management we obtain the following information about you as described below:
Information you provide prior to any registration process, such as your email when you provide it to us;
Information that you provide during any registration process (such as your name, company name, email address, phone number, billing address, or credit card information, geographic location and industry), when you call or email us (for support or otherwise) or when you use our products or services; and
Payment information that you provide to us (by way of our Service or otherwise) when you purchase some of our products and services, including credit card data.
Domain Registrations
When you purchase Domain Registration services for top level domains (TLDs), as the domain registrar, we are required to collect the following personal information from you (collectively, "Personal Information"):
Registrant Name
Registrant Organization (where applicable)
Registrant Address
Registrant Email
Registrant Fax (where applicable)
Registrant Phone number
Administrative Contact
Administrative Contact Organization (where applicable)
Administrative Contact Address
Administrative Contact Email
Administrative Contact Fax (where applicable)
Administrative Contact Telephone Number
Technical Contact
Technical Contact Organization (where applicable)
Technical Contact Address
Technical Contact Email
Technical Contact Fax (where applicable)
Technical Contact Telephone Number
Billing Contact
Billing Contact Organization (where applicable)
Billing Contact Address
Billing Contact Email
Billing Contact Fax (where applicable)
Billing Contact Telephone Number
Our collection of Personal Information is necessary to comply with contractual obligations we have with the Internet Corporation for Assigned Names and Numbers ("ICANN") and with certain TLD registries ("Registries") so that you can validly register your domain name. In addition to Personal Information, our contracts with some Registries may require us to collect other personal information for the registration of a TLD such as certain professional affiliations, identification or other qualifiers ("Additional Personal Information").
Disclosure Of Information
Public Whois. Our contracts with ICANN and other Registries require us to make certain domain name information ("WHOIS Information") available and accessible to the public through a searchable port 43 "WHOIS" Service via a public webpage operated by the applicable registrar of record ("WHOIS Site"). The WHOIS Site is a publicly accessible database that lists WHOIS Information, including a particular domain name, the name server(s) to which the domain name points, and the domain name’s creation and expiration date.
Transfer Out. If you initiate a transfer out of a domain name away from us as the registrar of record, pursuant to our contract with ICANN, we may need to publish your registrant email address obtained from your Personal Information on the WHOIS Site for a period of approximately five (5) calendar days. After this period and assuming a valid transfer has occurred, you would cease to be our customer for that domain name and your WHOIS Information would be managed by the gaining registrar.
Certain Registries. Registries are third party providers of TLDs that are independent of domain registrars. If required by contract with a particular Registry, we may be obligated, as a domain registrar of domains provided by the Registry, to provide Personal Information and Additional Personal Information to such Registry to successfully complete your domain name registration. If we provide your Personal Information and Additional Personal Information to a Registry, the Registry has its own obligation to comply with applicable data privacy laws.
Data Escrow. Our contract with ICANN requires us to deposit the Personal Information collected with a secure third-party escrow provider who acts solely as a holder of the data.
Permitted Disclosures. We may also disclose your Personal Information when required by the rules, regulations and policies of ICANN, including but not limited to the Uniform Domain-Name Dispute-Resolution Policy (UDRP).
We store this data we collect in a variety of places within our infrastructure, including system log files, back end databases and analytics systems.
Protection Of Certain Personally Identifying Information
cymru-hosting discloses potentially personally-identifying and personal-identifying information only to those of its employees, contractors, and affiliated organizations that:
Need to know that information in order to process it on cymru-hosting's behalf
Provide services available at cymru-hosting's website and;
Have agreed not to disclose it to others
Some of those employees, contractors, and affiliated organizations may be located outside of your home country; by using cymru-hosting's website, you consent to the transfer of such information to them.
cymru-hosting will not rent or sell potentially personally-identifying information to anyone.
Other than to its employees, contractors, and affiliated organizations, as described above, cymru-hosting discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order, government investigation, legal investigation, or other governmental request, or when cymru-hosting believes in good faith that disclosure is reasonably necessary to protect the property or rights of cymru-hosting, third parties, or public at large.
If you are a registered user of cymru-hosting and have supplied your email address, cymru-hosting may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with cymru-hosting and our products.
We primarily use the cymru-hosting blog and social media channels to communicate this type of information, so we expect to keep this type of email to a minimum.
If you send us a request (for example via s support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.
cymru-hosting takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personal-identifying information.
How We Use Your Information
We have a legitimate interest in running a successful and efficient business and in providing you with Services and useful content, and we use the information we collect, both on its own and combined with any other information we collect about you, for the following purposes:
To provide the requested Services to you;
To provide you with useful content;
To ensure the proper functioning of our Services
To offer and improve our Services;
To provide you with requested information or technical support
To facilitate your movement through our websites or your use of our Services;
To do a better job of advertising and marketing our Services (our use of your information to do this is performed with your consent where required by applicable law);
To advertise and market third party products and services (such advertisement is only performed with your permission where your consent is required by applicable law)
To diagnose problems with our servers or our Services;
In connection with our security and compliance programs;
To administer our websites;
To communicate with you;
To target prospective customers with our products or services (such targeting is only performed with your permission where your consent is required by applicable law);
To assist us in offering you a personalized experience or otherwise tailor our Services to you; and
As otherwise described in this privacy policy.
We also use the information we receive in aggregated and anonymized formats to produce reports on trends and statistics, such as mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products and services.
Payment information that you provide to us, including credit card data, will only be used to facilitate payment for our products and services.
We also use recorded telephone conversations for quality control purposes, to train our employees and for our own protection.
How We Shared Information
cymru-hosting may share personal data with third parties in order to provide a better service.
Third Party Providers – cymru-hosting may share your information with third party providers that provide services on our behalf or resellers who provide cymru-hosting Services. These companies may assist with marketing support, processing credit card payments, content delivery, email, providing sales leads, and customer support. Third party providers may only process personal information pursuant to cymru-hosting’s instructions, and in compliance with the Privacy Policy
Advertising - Based on the cookies and other tracking devices, we may work with advertising companies to display ads that may be of interest to you.
Business Transactions – To provide information to a third party in the event of any disposition of all or any portion of our business (e.g. reorganization, sale, assignment, bankruptcy).
Aggregated or De-identified Data - We may disclose or use aggregated or de-identified information with third party providers for research purposes relating to our Services.
As Required by Law or Similar Investigations - To comply with legal obligations (e.g. subpoena) or investigate potential legal violations. cymru-hosting may be required to share personal data in response to lawful requests from public authorities including to meet national security and/or law enforcement requirements.
Safety - We may disclose your information to protect and defend the safety of cymru-hosting in connection with investigating and preventing fraud or security issues.
Consent - cymru-hosting may share your information with your consent.
Cookie Policy And Other Tracking Technologies
cymru-hosting uses cookies, beacons, tags, and other tracking technologies to gather demographic information about you, identify your visits to our Website, other interactions with our Website, and personalize your search experience on our Website. We gather information such as internet protocol (IP) addresses, internet service provider (ISP), operating system, browser type, date/time stamp, and store it in log files. To collect this information, a cookie, a standard feature of a website that allows us to store a small amount of data on your computer to allow our web servers to recognize you, may be set on your computer or device when you visit our Website. We may track your use across different websites and services. In some countries, including those in the European Economic Area ("EEA"), the information in this paragraph may be considered personal information under applicable data protection laws. You can control how websites use cookies by changing your cookie settings (www.aboutcookies.org), but your modification may limit your use and functionality of some of the features on our Website. We may also use cookies and other tracking technologies to provide you advertising based on your browsing activities. You may opt out of targeted advertisements by visiting http://optout.networkadvertising.org, or if located in the EEA, you may opt out by visiting http://www.youronlinechoices.eu/.
Your Choices
You may unsubscribe from receiving promotional or marketing emails from cymru-hosting at any time by using the "unsubscribe" link in the email received, or by emailing us at contact@cymru-hosting.com. As outlined in the Section, Cookies and other Tracking Technologies, you can also control your cookie settings.
With respect to your account information, you may update, correct or delete information that you provided to us by logging into your cymru-hosting account or contacting us at contact@cymru-hosting.com.
Business Transfers
If cymru-hosting, or substantially all of its assets, were acquired, or in the unlikely event that cymru-hosting goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of cymru-hosting may continue to use your personal information as set forth in this policy.
Your Rights
Individuals located in the EEA may have additional statutory rights available to them with respect to their personal information, including the right to access your personal information, have it erased, have it corrected, or object to or restrict processing. If you would like to make such a request, please email contact@cymru-hosting.com and we will respond within thirty (30) days. cymru-hosting will need to verify that the individual is inquiring about his/her own information before we can assist with the request.
Children
Our Website and/or Services is not directed at children and our services are designed for businesses. We do not knowingly collect information from or about children under 13 years of age, and use of our services by children under 13 years of age is forbidden.
California Users
cymru-hosting permits residents of the State of California to use its Platform, and complies with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at contact@cymru-hosting.com with any questions or the address listed above.
Third Party Links
cymru-hosting or other users may post links to third party websites, which may include information that we have no control over. When accessing a third party site through our Platform, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.
Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties. cymru-hosting bears no responsibility for the information collected or used by any advertiser or third party website. You must review their policies to understand how their information collection practices work.
Security
We make reasonable attempts to protect your information by using physical and electronic safeguards. However, as this is the Internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.
Transfers
Your information may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Information that is submitted to cymru-hosting will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and this policy. If you are a non-U.S. member, you acknowledge and agree that cymru-hosting may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries.
Do Not Track
If you decide to provide us with your contact information, you agree that we may send you communications via text and emails. However, you may unsubscribe from certain communications by notifying cymru-hosting that you no longer wish to receive these communications, we will attempt to promptly remove you from our once we have received that request. We currently do not offer functionality for you to opt out through "do not track" listings. If you wish to opt out of certain communications or information collection, please contact us at contact@namerhero.com.
Privacy Policy Changes
Although most changes are likely to be minor, cymru-hosting may change its Privacy Policy from time to time, and in cymru-hosting’s sole discretion. cymru-hosting encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
These Terms of Service (the "Agreement") are an agreement between cymru-hosting, ("cymru-hosting" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by cymru-hosting and of the cymru-hosting.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. PLEASE BE AWARE THAT THERE ARE CLASS ACTION AND ARBITRATION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference into this Agreement and form one in the same. By using the Services, you also agree to the terms of the following policies.
Payment/Refund Policy
Privacy Policy
Acceptable Use Policy
Anti Spam Policy
Domain Registration Agreement
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
Account Eligibility
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of a legal entity or another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, up-to-date, truthful, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. cymru-hosting is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the cymru-hosting Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Transfers
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service for up to 10 cPanel accounts (additional migrations are available at our standard hourly admin rate). We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB. We reserve the right to discontinue or modify our transfer policy at any time.
We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. Where offered, the free transfer service is available for thirty (30) days from your sign up date.
Transfers outside of the thirty (30) day period mayincur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall cymru-hosting be held liable for any lost or missing data or files resulting from a transfer to or from cymru-hosting. You are solely responsible for backing up your data in all circumstances.
cymru-hosting Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "cymru-hosting Content"), are the proprietary property of cymru-hosting or cymru-hosting's licensors. cymru-hosting Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any cymru-hosting Content. Any use of cymru-hosting Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any cymru-hosting Content. All rights to use cymru-hosting Content that are not expressly granted in this Agreement are reserved by cymru-hosting and cymru-hosting's licensors.
User Content
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to cymru-hosting that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
You may not however use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications. All websites are automatically backed-up nightly in third party locations. If you would like to conduct your own backups you MUST purchase block storage from us at $29.95/month per 150GB. cymru-hosting reserves the right to remove any files that violate this policy under our sole discretion. User's that violate this policy are subject to immediate suspension and/or termination.
Solely for purposes of providing the Services, you hereby grant to cymru-hosting a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, cymru-hosting does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
cymru-hosting exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through cymru-hosting's computers, network hubs and points of presence or the Internet. cymru-hosting does not monitor User Content. However, you acknowledge and agree that cymru-hosting may, but is not obligated to, immediately take any corrective action in cymru-hosting's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that cymru-hosting shall have no liability due to any corrective action that cymru-hosting may take.
Third Party Products and Services
Third Party Providers
cymru-hosting may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
cymru-hosting does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. cymru-hosting is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
cymru-hosting as Reseller or Licensor
cymru-hosting may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-cymru-hosting Products"). cymru-hosting shall not be responsible for any changes in the Services that cause any Non-cymru-hosting Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-cymru-hosting Products, either sold, licensed or provided by cymru-hosting to you will not be deemed a breach of cymru-hosting's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-cymru-hosting Product are limited to those rights extended to you by the manufacturer of such Non-cymru-hosting Product. You are entitled to use any Non-cymru-hosting Product supplied by cymru-hosting only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-cymru-hosting Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-cymru-hosting Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by cymru-hosting ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
Prohibited Persons (Countries, Entities, And Individuals).
The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, cymru-hosting also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any Sanctioned Country.
Account Security and cymru-hosting Systems.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. cymru-hosting may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. cymru-hosting may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by cymru-hosting of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, cymru-hosting may clean-up your account for an additional fee.
cymru-hosting reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
HIPAA Disclaimer. We are not "HIPAA compliant.”
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. cymru-hosting does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that cymru-hosting is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact contact@cymru-hosting.com
Compatibility with the Services
You agree to cooperate fully with cymru-hosting in connection with cymru-hosting's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, cymru-hosting is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by cymru-hosting to provide the Services, which may be changed by cymru-hosting from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. cymru-hosting does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Billing and Payment Information
Multiple Accounts.
Users may not jump to multiple accounts to abuse "new customer" discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.
Prepayment.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Autorenewal.
Unless otherwise provided, you agree that until and unless you notify cymru-hosting of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to cymru-hosting's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment.
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, cymru-hosting may suspend or terminate your account and pursue the collection costs incurred by cymru-hosting, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. cymru-hosting will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Domain Payments.
It is solely your responsibility to notify cymru-hosting's Billing department via a support ticket created from https://www.cymru-hosting.com/clientarea.php after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and cymru-hosting is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. cymru-hosting may report any such misuse or fraudulent use, as determined in cymru-hosting's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by cymru-hosting. If you have any questions concerning a charge on your account, our billing department directly for assistance.
Money-back Guarantee
cymru-hosting offers a thirty (30) day money- back guarantee for cymru-hosting's hosting services only. Subject to the terms described herein, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a refund of the amount paid for hosting minus a any setup fees. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
Cancellations and Refunds
Payment Method.
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
Money-back Guarantee.
If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the cymru-hosting Support Team (the "Refund Request") within thirty (30) days of such termination or cancellation ("Notice Period"), receive a full refund of all basic hosting fees previously paid by you to cymru-hosting for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this section. Requests for these refunds must be made in writing to the cymru-hosting Support Team. Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Refund Eligibility.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Non-refundable Products and Services.
There are no refunds on domain names, dedicated servers, administrative fees, license fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at cymru-hosting's sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
Cancellation Process.
You may terminate or cancel the Services by giving cymru-hosting written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) cymru-hosting may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received." cymru-hosting will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared accounts will be effective on the account's renewal date.
Domains.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify cymru-hosting's Billing department via a support ticket created from https://www.cymru-hosting.com/clientarea.php to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Foreign Currencies.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and cymru-hosting is not responsible for any change in exchange rates between the time of payment and the time of refund.
Termination
cymru-hosting may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm cymru-hosting or others or cause cymru-hosting or others to incur liability, as determined by cymru-hosting in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, cymru-hosting shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, cymru-hosting may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage.
All use of hosting space provided by cymru-hosting is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. cymru-hosting expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. cymru-hosting may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of cymru-hosting's terms and conditions.
VPS Managed Services
Please note that manually installing modules and bypassing WHM/cPanel could render your management with us void.
Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance.
Uptime Guarantee.
If your shared server has a physical downtime that falls short of the 99.9% uptime guarantee, you may credits on your account as permitted by us and at our discretion. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of cymru-hosting and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://www.cymru-hosting.com/clientarea.php to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared and reseller solutions.
Price Change
cymru-hosting reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days' notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by cymru-hosting through the user billing tool or through other methods of communication, including notices sent or posted by cymru-hosting.
Coupons
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Limitation of Liability
IN NO EVENT WILL cymru-hosting ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF cymru-hosting IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, cymru-hosting'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO cymru-hosting FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Indemnification
You agree to indemnify, defend and hold harmless cymru-hosting, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
Arbitration
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by cymru-hosting and will be held at the AAA location chosen by cymru-hosting in Missouri. Payment of all filing, administrative and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, cymru-hosting will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator's authority to resolve and make written awards is limited to claims between you and cymru-hosting alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against cymru-hosting in violation of this paragraph, you agree to pay cymru-hosting's reasonable costs and attorneys' fees incurred in connection with our enforcement of this paragraph.
Independent Contractor
cymru-hosting and User are independent contractors and nothing contained in this Agreement places cymru-hosting and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Class Action Waiver
You and cymru-hosting agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis and waive all trials by jury. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
Disclaimer
cymru-hosting shall not be responsible for any damages your business may suffer. cymru-hosting makes no warranties of any kind, expressed or implied for the Services. cymru-hosting disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by cymru-hosting or our employees.
Backups and Data Loss
Your use of the Services is at your sole risk. cymru-hosting's backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at cymru-hosting's sole discretion. VPS no backups, Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nighly backups. cymru-hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on cymru-hosting's servers.
Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, cymru-hosting AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. cymru-hosting AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. cymru-hosting AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Disclosure to Law Enforcement
cymru-hosting may disclose any and all User information that is collected to law enforcement agencies for the purposes of an investigation, request, or otherwise without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies Additionally, your information may be disclosed pursuant to our Privacy Policy
Entire Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
Headings.
The headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the Services
cymru-hosting may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the cymru-hosting website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
cymru-hosting reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Severability
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
Waiver
No failure or delay by you or cymru-hosting to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of cymru-hosting. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. cymru-hosting may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about cymru-hosting must be sent to our agent for notice to: contact@cymru-hosting.com or cymru-hosting. 690 S Highway 89, Suite 200 Jackson, Wyoming 83002 United States of America
California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Electronic Notices
The communications between you and cymru-hosting use electronic means, whether you visit the Platform or send cymru-hosting e-mails, or whether cymru-hosting posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from cymru-hosting in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that cymru-hosting provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
cymru-hosting, respects copyright owners. If you ("Complainant") believe that your work has been copied in a way that constitutes copyright infringement by a customer receiving web hosting services from cymru-hosting, please provide to the cymru-hosting.com copyright agent the information listed below. To be considered effective pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3), your notification must include the requested information below. This procedure is exclusively for notifying cymru-hosting.com that your copyrighted material has been infringed:
An electronic or physical signature of the person legally authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim infringes your copyright is located on the site.
Your address, telephone number and e-mail address.
A statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or legally authorized to act on behalf of the copyright owner.
Designation Of Agent To Receive Notification Of Claimed Infringement
A notification of claimed copyright infringement must be provided by email: abuse@cymru-hosting.com
Upon receipt of notification of claimed copyright infringement, cymru-hosting will follow the procedures outlined in the DMCA
Notice And Take-Down Procedures
If cymru-hosting is notified of a credible claim of copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is potentially infringing pursuant to the DMCA
Counter Notification
If you receive a DMCA notification and believe, upon good faith, that the content was removed or disabled in error, you may provide a counter-notice by notifying us in writing at the designated agent address above, or by emailing abuse@cymru-hosting.com, and providing the following information:
A physical or electronic signature (type your full name).
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, mailing address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which cymru-hosting may be found, and that you will accept service of process from the Complainant who provided the copyright notification or an agent of such Complainant.
Upon receipt of a counter-notice, cymru-hosting shall promptly forward a copy to the Complainant and inform Complainant that it will replace the removed material or cease disabling access to it in ten (10) business days. cymru-hosting may replace the removed material and cease disabling access to it in not less than ten (10) business days and no more than fourteen (14), business days following receipt of the counter-notice unless cymru-hosting first receives notice from Complainant that it has filed an action seeking a court order to restrain the cymru-hosting customer from engaging in infringing activity relating to the material on cymru-hosting’s web hosting site.
Please note and understand before submitting a counter-notice: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Repeat Infringers
Under appropriate circumstances, cymru-hosting may, in its discretion, terminate the accounts of customers who are repeat infringers.
Accommodation Of Standard Technical Measures
It is cymru-hosting’s policy to accommodate and not interfere with standard technical measures, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works, and (1) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process; (2) are available to any person on reasonable and nondiscriminatory terms; and (3) do not impose substantial costs on us or place substantial burdens on our systems or networks.