Overview
- Ascensia Management Inc. does not allow unsolicited email and
requires opt-in list managers to include at least one single action
method of unsubscribing in each email. We reserve the right to limit
incoming or outgoing email at any time.
- Ascensia Management Inc. reserves the right to terminate your
account at any time without a refund. Reasons for termination include,
but are not limited to:
- Abuse of the machines - either intentional or due to improper coding
- Committing or Promoting any type of illegal
activity including fraud, mailbombing, denial of service attacks,
storing and/or housing and/or linking to illegal content, including but
not limited to, "warez", "hacking"/"cracking"/"key generators".
- The Services to traffic in illegal drugs, gambling and/or obscene materials.
- The Services to misappropriate or infringe the
patents, copyrights, trademarks or other intellectual property rights of
any third party.
- Additionally, Ascensia Management Inc. reserves the
right to terminate your account if at any time your site has pornography
and/or nudity of any kind, including but not limited to, adult
pornography, Anime, child pornography, "adult content" and/or the
written word of a sexual nature.
- Use of ad-servers, attempts to circumvent quota
system owned by 'nobody', certain podcasting sites, use of torrent
software, proxies, excessive resource usage or 'core dumping'.
- Attempts to circumvent any of our security policies, procedures or systems.
User Agreement
This User Agreement ("Agreement") is an agreement between Ascensia
Management Inc., INC. ("Company") and the party set forth in the
related order form (“Customer” or “You”) incorporated herein by
reference (together with any subsequent order forms submitted by
Customer, the "Order Form"), and applies to the purchase of all
services ordered by Customer on the Order Form (collectively, the
"Services").
PLEASE READ THIS AGREEMENT CAREFULLY.
BY SIGNING UP FOR THE SERVICES
CREATES A CONTRACT BETWEEN CUSTOMER AND COMPANY, CONSISTING OF THE
ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT AND
YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL
TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT,
INCLUDING COMPANY'S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES
ACCEPTANCE OF THIS AGREEMENT.
- Acceptable Use Policy. Under this Agreement, Customer shall comply with Company's then current Acceptable Use Policy (“AUP”),
as amended, modified or updated from time to time by Company, which
currently can be viewed under the Legal Details section of this web
site, and which is incorporated in this Agreement by reference. Customer
hereby acknowledges that it has reviewed the AUP and that the terms of
the AUP are incorporated herein by reference. In the event of any
inconsistencies between this Agreement and the AUP, the terms of the AUP
shall govern. Company does not intend to systematically monitor the
content that is submitted to, stored on or distributed or disseminated
by Customer via the Service (the "Customer Content"). Customer Content
includes content of Customer's customers and/or users of Customer's
website. Accordingly, under this Agreement, You will be responsible for
Your customers content and activities on Your website. Notwithstanding
anything to the contrary contained in this Agreement, Company may
immediately take corrective action, including removal of all or a
portion of the Customer Content, disconnection or discontinuance of any
and all Services, or termination of this Agreement in the event of
notice of possible violation by Customer of the AUP. In the event
Company takes corrective action due to a violation of the AUP, Company
shall not refund to Customer any fees paid in advance of such corrective
action. Customer hereby agrees that Company shall have no liability to
Customer or any of Customer's customers due to any corrective action
that Company may take (including, without limitation, disconnection of
Services).
- Term; Termination; Cancellation Policy.
- The initial term of this Agreement shall be as
set forth in the Order Form (the "Initial Term"). The Initial Term shall
begin upon commencement of the Services to Customer. After the Initial
Term, this Agreement shall automatically renew. ADDITIONALLY
AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE COMPANY TO
AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE
TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR
CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
- This Agreement may be terminated
- by either party by giving the other
party thirty (30) days prior written notice,
- by Company in the event of nonpayment by Customer,
- by Company, at any time, without notice,
if, in Company's sole and absolute discretion and/or judgment, Customer
is in violation of any term or condition of the this Agreement and
related agreements, AUP, or Customer's use of the Services disrupts or,
in Company's sole and absolute discretion and/or judgment, could
disrupt, Company's business operations and/or
- by Company as provided herein.
- If You cancel this Agreement, upon proper notice to Company, prior to the end of the Initial Term or any Term thereafter,
- You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation;
- Company may (but is not obligated to)
refund to You all pre-paid fees for basic hosting services for the full
months remaining after effectiveness of cancellation (i.e., no partial
month fees shall be refunded), less any setup fees and any discount
applied for prepayment, provided that, You are not in breach of any
terms and conditions of this AUP, User Agreement, Spamming Policy or
Domain Policy; and/or
- You shall be obligated to pay one
hundred percent (100%) of all charges for all Services for each month
remaining in the Term (other than basic hosting fees as provided in (ii)
above). Any cancellation request shall be effective thirty (30) days
after receipt by Company, unless a later date is specified in such
request.
- Company may terminate this Agreement, without penalty,
- if the Services are prohibited by
applicable law, or become impractical or unfeasible for any technical,
legal or regulatory reason, by giving Customer as much prior notice as
reasonably practicable; or
- immediately, if Company determines that
Customer’s use of the Services, the Web site or the Customer Content
violates any Company term or condition, including this AUP, User
Agreement, Spamming Policy, or Domain Policy. If Company cancels this
Agreement prior to the end of the Term for Your breach of this Agreement
and related agreements, including the AUP, User Agreement, Spamming
Policy, or Domain Policy or Customer's use of the Services disrupts our
network, Company shall not refund to You any fees paid in advance of
such cancellation and You shall be obligated to pay all fees and charges
accrued prior to the effectiveness of such cancellation; further, You
shall be obligated to pay 100% of all charges for all Services for each
month remaining in the Term and Company shall have the right to charge
You an administrative fee of a minimum of $50.00.
- Upon termination of this Agreement for any cause
or reason whatsoever, neither party shall have any further rights or
obligations under this Agreement, except as expressly set forth herein.
The provisions of Sections 2(e), 3, 4, 10, 11, 13, 15 and 16 of this
Agreement shall survive the expiration or termination of this Agreement
for any cause or reason whatsoever, and, notwithstanding the expiration
or termination of this Agreement, the parties shall each remain liable
to the other for any indebtedness or other liability theretofore arising
under this Agreement. Termination of this Agreement and retention of
pre-paid fees and charges shall be in addition to, and not be in lieu
of, any other legal or equitable rights or remedies to which Company may
be entitled.
- Customer’s Responsibilities.
- Customer is solely responsible for the quality,
performance and all other aspects of the Customer Content and the goods
or services provided through the Customer Web site.
- Customer will cooperate fully with Company in
connection with Company’s performance of the Services. Customer must
provide any equipment or software that may be necessary for Customer to
use the Services. Delays in Customer’s performance of its obligations
under this Agreement will extend the time for Company’s performance of
its obligations that depend on Customer’s performance on a day for day
basis. Customer will notify Company of any change in Customer’s mailing
address, telephone, electronic mail or other contact information.
- Customer assumes full responsibility for
providing end users with any required disclosure or explanation of the
various features of the Customer Web site and any goods or services
described therein, as well as any rules, terms or conditions of use.
- Because the Services permit Customer to
electronically transmit or upload content directly to the Customer Web
site, Customer shall be fully responsible for uploading all content to
the Customer Web site and supplementing, modifying and updating the
Customer Web site, including all back-ups. Customer is also responsible
for ensuring that the Customer Content and all aspects of the Customer
Web site are compatible with the hardware and software used by Company
to provide the Services, as the same may be changed by Company from time
to time. Specifications for the hardware and software used by Company
to provide the Services will be available on Company’s Web site.
Customer shall periodically access Company’s Web site to determine if
Company has made any changes thereto. Company shall not be responsible
for any damages to the Customer Content, the Customer Web site or other
damages or any malfunctions or service interruptions caused by any
failure of the Customer Content or any aspect of the Customer Web site
to be compatible with the hardware and software used by Company to
provide the Services.
- Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.
- Customer’s Representations and Warranties.
- Customer hereby represents and warrants to
Company, and agrees that during the Initial Term and any Term thereafter
Customer will ensure that:
- Customer is the owner or valid licensee
of the Customer Content and each element thereof, and Customer has
secured all necessary licenses, consents, permissions, waivers and
releases for the use of the Customer Content and each element thereof,
including without limitation, all trademarks, logos, names and
likenesses contained therein, without any obligation by Company to pay
any fees, residuals, guild payments or other compensation of any kind to
any Person;
- Customer’s use, publication and display
of the Customer Content will not infringe any copyright, patent,
trademark, trade secret or other proprietary or intellectual property
right of any person, or constitute a defamation, invasion of privacy or
violation of any right of publicity or any other right of any person,
including, without limitation, any contractual, statutory or common law
right or any “moral right” or similar right however denominated;
- Customer will comply with all applicable
laws, rules and regulations regarding the Customer Content and the
Customer Web site and will use the Customer Web site only for lawful
purposes; and
- Customer has used its best efforts to
ensure that the Customer Content is and will at all times remain free of
all computer viruses, worms, Trojan horses and other malicious code.
- Customer shall be solely responsible for the
development, operation and maintenance of Customer's web site, online
store and electronic commerce activities, for all products and services
offered by Customer or appearing online and for all contents and
materials appearing online or on Customer's products, including, without
limitation
- the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products,
- ensuring that the Customer Content and
content and materials appearing in its store or on its products do not
violate or infringe upon the rights of any person, and
- ensuring that the Customer Content and
the content and materials appearing in its store or on its products are
not defamatory or otherwise illegal. Customer shall be solely
responsible for accepting, processing and filling customer orders and
for handling customer inquiries or complaints. Customer shall be solely
responsible for the payment or satisfaction of any and all taxes
associated with its web site and online store.
- Customer grants Company the right to reproduce,
copy, use and distribute all and any portion of the Customer Content to
the extent needed to provide and operate the Services.
- In addition to transactions entered into by
Customer on Your behalf, Customer also agrees to be bound by the terms
of this Agreement for transactions entered into on Customer’s behalf by
anyone acting as Customer’s agent, and transactions entered into by
anyone who uses Customer’s account, whether or not the transactions were
on Customer’s behalf.
- License to Company.
Customer hereby grants to Company a non-exclusive, royalty-free,
worldwide right and license during the Initial Term and any Term
thereafter to do the following to the extent necessary in the
performance of Services under the Order:
- digitize, convert, install, upload, select,
order, arrange, compile, combine, synchronize, use, reproduce, store,
process, retrieve, transmit, distribute, publish, publicly display,
publicly perform and hyperlink the Customer Content; and
- make archival or back-up copies of the Customer Content and the Customer Web site.
- Except for the rights expressly granted above,
Company is not acquiring any right, title or interest in or to the
Customer Content, all of which shall remain solely with Customer.
- Company, in its sole discretion, reserves the
right (i) to deny, cancel, suspend, transfer or alter, modify, correct,
amend, change, program, or take any other corrective action to protect
the integrity and stability of the Services (including altering,
modifying, correcting, amending, changing, programming, or taking any
other corrective action regarding any malicious code, software or
related abusive activity, Customer Content and/or web site(s)), and/or
(ii) to comply with any applicable laws, government rules, or
requirements, requests of law enforcement, or to avoid any liability,
civil or criminal. Customer further agrees that Company shall not be
liable to Customer for any loss or damages that may result from such
conduct.
- Billing and Payment.
- Customer will pay to Company the service fees for the Services in the manner set forth in the Order Form.
- Company may increase the Service Fees (i) in the
manner permitted in the service description and (ii) at any time on or
after expiration of the Initial Term.
- The Service Fees do not include any applicable
sales, use, revenue, excise or other taxes imposed by any taxing
authority with respect to the Services or any software provided
hereunder (excluding any tax on Company’s net income). All such taxes
will be added to Company’s invoices for the fees as separate charges to
be paid by Customer. All fees are fully earned when due and
non-refundable when paid.
- Unless otherwise specified, all fees and related
charges shall be due and payable within thirty (30) days after the date
of the invoice. If any invoice is not paid within seven (7) days after
the date of the invoice, Company may charge Customer a late fee of
$15.00 for; in addition any amounts payable to Company not paid when due
will bear interest at the rate of one and one half percent (1.5%) per
month or the maximum rate permitted by applicable law, whichever is
less.
- If Company collects any payment due at law or
through an attorney at law or under advice therefrom or through a
collection agency, or if Company prevails in any action to which the
Customer and Company are parties, Customer will pay all costs of
collection, arbitration and litigation, including, without limitation,
all court costs and Company’s reasonable attorneys’ fees. I
- If any check is returned for insufficient funds Company may impose a minimum processing charge of $25.00.
- In the event that any amount due to Company
remains unpaid seven (7) days after such payment is due, Company, in its
sole discretion, may immediately terminate this Agreement, and/or
withhold or suspend Services.
- There may be a minimum $50.00 charge to reinstate accounts that have been suspended or terminated.
- Wire transfers will be assessed a minimum $35.00 charge.
- There may be a minimum $35.00 charge to for all credit card chargebacks.
- Customer acknowledges and agrees that Company
may pre-charge Customer's fees for the Services to its credit card
supplied by Customer during registration for the Initial Term.
- YOU ACKNOWLEDGE, AGREE AND AUTHORIZE
COMPANY TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR
SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED
OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION 2.
- Company as Reseller or Licensor.
Company is acting only as a reseller or licensor of the hardware,
software and equipment used in connection with the products and/or
Services that were or are manufactured or provided by a third party
("Non-Company Product"). Company shall not be responsible for any
changes in the Services that cause the Non-Company Product to become
obsolete, require modification or alteration, or otherwise affect the
performance of the Services. Any malfunction or manufacturer's defects
of Non-Company Product either sold, licensed or provided by Company to
Customer or purchased directly by Customer used in connection with the
Services will not be deemed a breach of Company's obligations under this
Agreement. Any rights or remedies Customer may have regarding the
ownership, licensing, performance or compliance of Non-Company Product
are limited to those rights extended to Customer by the manufacturer of
such Non-Company Product. Customer is entitled to use any Non-Company
Product supplied by Company only in connection with Customer's permitted
use of the Services. Customer shall use its best efforts to protect and
keep confidential all intellectual property provided by Company to
Customer through any Non-Company Product and shall make no attempt to
copy, alter, reverse engineer, or tamper with such intellectual property
or to use it other than in connection with the Services. Customer shall
not resell, transfer, export or re-export any Non-Company Product, or
any technical data derived therefrom, in violation of any applicable Canada or foreign law.
- Internet Protocol (IP) Address Ownership.
If Company assigns Customer an Internet Protocol (“IP”) address for
Customer's use, the right to use that IP address shall belong only to
Company, and Customer shall have no right to use that IP address except
as permitted by Company in its sole and absolute discretion in
connection with the Services, during the term of this Agreement. Company
shall maintain and control ownership of all Internet Protocol numbers
and addresses that may be assigned to Customer by Company, and Company
reserves the right to change or remove any and all such Internet
Protocol numbers and addresses, in its sole and absolute discretion.
- Caching. Customer expressly
- grants to Company a license to cache the
entirety of the Customer Content and Customer's web site, including
content supplied by third parties, hosted by Company under this
Agreement and
- agrees that such caching is not an infringement
of any of Customer's intellectual property rights or any third party's
intellectual property rights.
- CPU Usage.
Customer agrees that Customer shall not use excessive amounts of CPU
processing on any of Company's servers. The maximum number of files is
50,000 per account. Any violation of this policy may result in
corrective action by Company, including assessment of additional
charges, disconnection or discontinuance of any and all Services, or
termination of this Agreement, which actions may be taken in Company's
sole and absolute discretion. If Company takes any corrective action
under this section, Customer shall not be entitled to a refund of any
fees paid in advance prior to such action.
- Bandwidth and Disk Usage.
Company shall provide Customer with a large volume of bandwidth, disk
space and other resources, such as email and/or file-transfer-protocol
("FTP") accounts. The Services are intended for normal use only. Any
activity that results in excessive usage inconsistent with normal usage
patterns is strictly prohibited. Customer agrees that such bandwidth
and disk usage shall not exceed the amounts set by Company for the
Services (the "Agreed Usage"). These allotments are optimized and
dedicated towards serving the Content and Customer's electronic mail
services related solely to Customer's web hosting account(s) with
Company. Customer shall not use any bandwidth and/or disk usage for
materials other than the Customer’s Web site, Customer Content and/or
Customer's electronic mail services. For example, Customer may not use
bandwidth or disk usage as offsite storage area for electronic files or
as a provisioning service for third party electronic mail or FTP hosts.
Company will monitor Customer's bandwidth and disk usage. Company, in
its sole discretion, shall have the right to take any corrective action
if Customer's bandwidth or disk usage exceeds the Agreed Usage or other
improper storage or usage. Such corrective action may include the
assessment of additional charges, disconnection or discontinuance of
any and all Services, removal or deletion of Customer’s Web site,
Customer Content, Customer's electronic mail services and/or other
materials or termination of this Agreement, which actions may be taken
in Company's sole and absolute discretion. If Company takes any such
corrective action under this section, Customer shall not be entitled to
a refund or credit of any fees paid prior to such action. Customer will
comply with all applicable laws, rules and regulations regarding
Customer’s Web site, Customer Content and/or Customer's electronic mail
services and will each, including bandwidth, disk space and other
resources only for lawful purposes. Customer may not utilize: the
Services to copy material from third parties (including text, graphics,
music, videos or other copyrightable material) without proper
authorization; the Services to misappropriate or infringe the patents,
copyrights, trademarks or other intellectual property rights of any
third party; the Services to traffic in illegal drugs, illegal
gambling, obscene materials or other any products or services that are
prohibited under applicable law; the Services to export encryption
software to points outside the Canada in violation of applicable export
control laws; the Services to forge or misrepresent message headers,
whether in whole or in part, to mask the originator of the message. If
Company learns or discovers that Customer is violating any law related
to Customer’s Web site, Customer Content and/or Customer's electronic
mail services, use of bandwidth, disk usage or Agreed Usage, Company
maybe obligated to inform the necessary law enforcement and/or any
related agency(ies) of such conduct and may provide such agency(ies)
with information related to Customer, Customer’s Web site, Customer
Content and/or Customer's electronic mail.
- Parked Domain Services. In addition to the applicable terms and conditions contained herein:
- If Customer signs up to register and park a
domain name with Company, Customer agrees to pay Company the annual fee a
set forth on our web site (the “Parked Page Services”). Customer’s
annual billing date will be determined based on the month Customer
establishes the Parked Page Services with Company. Payments are
non-refundable. If for any reason Company is unable to charge Customer’s
payment method for the full amount owed Company for the service
provided, or if Company is charged a penalty for any fee it previously
charged to Your payment method, Customer agrees that Company may pursue
all available remedies in order to obtain payment. Customer agrees that
among the remedies Company may pursue in order to effect payment, shall
include but will not be limited to, immediate cancellation without
notice to Customer of Customer’s service. Company reserves the right to
charge a reasonable service fee for administrative tasks outside the
scope of its regular services. These include, but are not limited to,
customer service issues that cannot be handled over email but require
personal service, and disputes that require legal services. These
charges will be billed to the payment method we have on file for
Customer.
- Customer agrees to be responsible for notifying
Company should Customer desire to terminate use of any of the Parked
Page Services, including, but not limited to, those purchased.
Notification of Customer’s intent to terminate must be provided to
Company no earlier than thirty (30) days prior to Customer’s billing
date but no later than ten (10) days prior to the billing date. In the
absence of notification from Customer, Company will automatically
continue the Parked Page Services indefinitely and will charge
Customer’s payment method that is on file with Company, at Company's
then current rates. It is Customer’s responsibility to keep their
payment method information current, which includes the expiration date
if using a credit card. In the event Customer terminates the Parked Page
Services, moving their web site off of the Company hosting servers is
Customer’s responsibility. Company will not transfer or FTP such web
site to another provider. Any change by Customer of their name-server is
not deemed cancellation of the Parked Page Services.
- Company will provide Customer with the Parked
Page Services as long as Customer abides by the terms and conditions set
forth herein and in each of Company's policies and procedures.
- By using any of the Parked Pages Services,
Customer agrees that Company may point the domain name or DNS to one of
Company's or Company's affiliates web pages, and that they may place
advertising on Customer’s web page and that Company specifically
reserves this right. Customer shall have no right to any compensation
and shall not be entitled and shall have no right to receive any funds
related to the monetization of Customer’s Parked Pages.
- Customer agrees to indemnify and hold harmless
Company for any complications arising out of use of the Parked Page
Services, including, but not limited to, actions Company chooses to take
to remedy Customer’s improper or illegal use of a web site hosted by
Company. Customer agrees it is not be entitled to a refund of any fees
paid to Company if, for any reason, Company takes corrective action with
respect to any improper or illegal use of the Parked Page Services.
- If a dispute arises as a result of one or more
of Customer’s Parked Pages, Customer will indemnify, defend and hold
Company harmless for damages arising out of such dispute. Customer also
agrees that if Company is notified that a complaint has been filed with a
governmental, administrative or judicial body, regarding a web site
hosted by Company, that Company, in its sole discretion, may take
whatever action Company deems necessary regarding further modification,
assignment of and/or control of the web site to comply with the actions
or requirements of the governmental, administrative or judicial body
until such time as the dispute is settled.
- Property Rights.
- Company hereby grants to Customer a limited,
non-exclusive, non-transferable, royalty-free license, exercisable
solely during the term of this Agreement, to use Company technology,
products and services solely for the purpose of accessing and using the
Services. Customer may not use Company’s technology for any purpose
other than accessing and using the Services. Except for the rights
expressly granted above, this Agreement does not transfer from Company
to Customer any Company technology, and all rights, titles and interests
in and to any Company technology shall remain solely with Company.
Customer shall not, directly or indirectly, reverse engineer, decompile,
disassemble or otherwise attempt to derive source code or other trade
secrets from any of the Company.
- Company owns all right, title and interest in
and to the Services and Company's trade names, trademarks, service
marks, inventions, copyrights, trade secrets, patents, know-how and
other intellectual property rights relating to the design, function,
marketing, promotion, sale and provision of the Services and the related
hardware, software and systems ("Marks"). Noting in this Agreement
constitutes a license to Customer to use or resell the Marks.
- Disclaimer of Warranty.
Customer agrees to use all Services and any information obtained
through or from Company, at Customer's own risk. Customer acknowledges
and agrees that Company exercises no control over, and accepts no
responsibility for, the content of the information passing through
Company's host computers, network hubs and points of presence or the
Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE
PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF COMPANY, ITS PARENT,
SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS,
ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS,
LICENSORS OR THE LIKE (EACH, AN "COMPANY PERSON") MAKE ANY WARRANTIES OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT COMPANY PROVIDES. NO
COMPANY PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE
INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO
THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR
MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. COMPANY IS
NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF
ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR
ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY COMPANY. NO
ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY COMPANY PERSON, WILL
CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
- Limited Warranty.
- Company represents and warrants to Customer that
the Services will be performed (a) in a manner consistent with industry
standards reasonably applicable to the performance thereof; (b) at
least at the same level of service as provided by Company generally to
its other customers for the same services; and (c) in compliance in all
material respects with the applicable Service Descriptions. Customer
will be deemed to have accepted such Services unless Customer notifies
Company, in writing, within thirty (30) days after performance of any
Services of any breach of the foregoing warranties. Customer’s sole and
exclusive remedy, and Company’s sole obligation, for breach of the
foregoing warranties shall be for Company, at its option, to re-perform
the defective Services at no cost to Customer, or, in the event of
interruptions to the Services caused by a breach of the foregoing
warranties, issue Customer a credit in an amount equal to the current
monthly service fees pro rated by the number of hours in which the
Services have been interrupted. Company may provision the Services from
any of its data centers and may from time to time re-provision the
Services from different data centers.
- The foregoing warranties shall not apply to
performance issues or defects in the Services (a) caused by factors
outside of Company’s reasonable control; (b) that resulted from any
actions or inactions of Customer or any third parties; or (c) that
resulted from Customer’s equipment or any third-party equipment not
within the sole control of Company. EXCEPT AS EXPRESSLY PROVIDED
IN THIS SECTION, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE
PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND COMPANY HEREBY EXPRESSLY
DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY
SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED “AS IS” WITHOUT ANY
CONDITION OR WARRANTY WHATSOEVER. COMPANY DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
- Limitation of Liability.
- IN NO EVENT WILL COMPANY’S LIABILITY IN
CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY
ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS,
BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID
TO COMPANY BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING
THE EVENT GIVING RISE TO SUCH LIABILITY.
- COMPANY CANNOT GUARANTEE CONTINUOUS
SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION
OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. COMPANY WILL NOT BE
LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE,
THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA,
INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
- EXCEPT AS EXPRESSLY PROVIDED BELOW,
NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER
PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR
COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR
SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER
FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING
OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY
ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY,
REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
CLAIM OR DAMAGES.
- The limitations contained in this Section apply
to all causes of action in the aggregate, whether based in contract,
tort or any other legal theory (including strict liability), other than
claims based on fraud or willful misconduct. The limitations contained
in Section 15(c) shall not apply to Customer’s indemnification
obligations.
- Notwithstanding anything to the contrary in this
Agreement, Company's maximum liability under this Agreement for all
damages, losses, costs and causes of actions from any and all claims
(whether in contract, tort, including negligence, quasi-contract,
statutory or otherwise) shall not exceed the actual dollar amount paid
by Customer for the Services which gave rise to such damages, losses and
causes of actions during the 12-month period prior to the date the
damage or loss occurred or the cause of action arose.
- Customer understands, acknowledges and agrees
that if Company takes any corrective action under this Agreement because
of an action of Customer or one if its customers or a reseller, that
corrective action may adversely affect other customers of Customer or
other reseller customers, and Customer agrees that Company shall have no
liability to Customer, any of its customers or any Reseller Customer
due to such corrective action by Company.
- This limitation of liability reflects an
informed, voluntary allocation between the parties of the risks (known
and unknown) that may exist in connection with this Agreement. The terms
of this section shall survive any termination of this Agreement.
- Indemnification.
Customer agrees to indemnify, defend and hold harmless Company and its
parent, subsidiary and affiliated companies, and each of their
respective officers, directors, employees, shareholders, attorneys and
agents (each an "indemnified party" and, collectively, "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
Customer's use of the Services, (ii) any violation by Customer of the
AUP, (iii) any breach of any representation, warranty or covenant of
Customer contained in this Agreement or (iv) any acts or omissions of
Customer. The terms of this section shall survive any termination of
this Agreement.
- Miscellaneous.
- Independent Contractor.
Company and Customer are independent contractors and nothing contained
in this Agreement places Company and Customer in the relationship of
principal and agent, master and servant, 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.
- Governing Law; Jurisdiction.
Any controversy or claim arising out of or relating to this Agreement,
the formation of this Agreement or the breach of this Agreement,
including any claim based upon arising from an alleged tort, shall be
governed by the substantive laws of Canada.
- Headings. The headings herein are for convenience only and are not part of this Agreement.
- Entire Agreement; Amendments.
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. In case of a conflict
between this Agreement and any purchase order, service order, work
order, confirmation, correspondence or other communication of Customer
or Company, the terms and conditions of this Agreement shall control. No
additional terms or conditions relating to the subject matter of this
Agreement shall be effective unless approved in writing by any
authorized representative of Customer and Company. This Agreement may
not be modified or amended except by another agreement in writing
executed by the parties hereto; provided, however, that these Terms of
Service may be modified from time to time by Company in its sole
discretion, which modifications will be effective upon posting to
Company's web site.
- Severability.
All rights and restrictions contained in this Agreement may be
exercised and shall be applicable and binding only to the extent that
they do not violate any applicable laws and are intended to be limited
to the extent necessary so that they will not render this Agreement
illegal, invalid or unenforceable. If any provision or portion of any
provision of this Agreement shall be held to be illegal, invalid or
unenforceable by a court of competent jurisdiction, it is the intention
of the parties that the remaining provisions or portions 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.
- Notices.
All notices and demands required or contemplated hereunder by one party
to the other shall be in writing and shall be deemed to have been duly
made and given upon date of delivery if delivered in person or by an
overnight delivery or postal service, upon receipt if delivered by
facsimile the receipt of which is confirmed by the recipient, or upon
the expiration of five days after the date of posting if mailed by
certified mail, postage prepaid, to the addresses or facsimile numbers
set forth below the parties’ signatures. Either party may change its
address or facsimile number for purposes of this Agreement by notice in
writing to the other party as provided herein. Company may give written
notice to Customer via electronic mail to the Customer’s electronic mail
address as maintained in Company’s billing records.
- Waiver.
No failure or delay by any party hereto to exercise any right or remedy
hereunder shall operate as a waiver thereof, nor shall any single or
partial exercise of any right or remedy by any party preclude any other
or further exercise thereof or the exercise of any other right or
remedy. No express waiver or assent by any party hereto to any breach of
or default in any term or condition of this Agreement shall constitute a
waiver of or an assent to any succeeding breach of or default in the
same or any other term or condition hereof.
- Assignment; Successors.
Customer may not assign or transfer this Agreement or any of its rights
or obligations hereunder, without the prior written consent of Company.
Any attempted assignment in violation of the foregoing provision shall
be null and void and of no force or effect whatsoever. Company may
assign its rights and obligations under this Agreement, and may engage
subcontractors or agents in performing its duties and exercising its
rights hereunder, without the consent of Customer. This Agreement shall
be binding upon and shall inure to the benefit of the parties hereto and
their respective successors and permitted assigns.
- Limitation of Actions.
No action, regardless of form, arising by reason of or in connection
with this Agreement may be brought by either party more than two years
after the cause of action has arisen.
- Counterparts.
If this Agreement is signed manually, it may be executed in any number
of counterparts, each of which shall be deemed an original and all of
which together shall constitute one and the same instrument. If this
Agreement is signed electronically, Company’s records of such execution
shall be presumed accurate unless proven otherwise.
- 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.
- No 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, legal or equitable, in any Person other than the
parties hereto and their respective successors and permitted assigns.
Notwithstanding the foregoing, Customer acknowledges and agrees that
Microsoft, and any supplier of third-party supplier 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 Customer as if it were a
party to this Agreement.
- Government Regulations.
Customer may not export, re-export, transfer or make available, whether
directly or indirectly, any regulated item or information to anyone
outside the Canada in connection with this Agreement without
first complying with all export control laws and regulations which may
be imposed by the Canada government and any country or
organization of nations within whose jurisdiction Customer operates or
does business.
- Marketing.
Customer agrees that during the term of this Agreement Company may
publicly refer to Customer, orally and in writing, as a customer of
Company. Any other public reference to Customer by Company requires the
written consent of Customer.
Revised: May 2, 2013
Domain Name Registration Agreement
- In this Domain Name Registration Agreement ("Agreement")
"Registrant", "you" and "your" refers to the registrant of each domain
name registration, "we", "us" and "our" refers to Ascensia Management.com Co., and
"Services" refers to the domain name registration services provided by
us as offered through Ascensia Management Inc., INC., the Registration Service
Provider ("Reseller"). Any reference to a "registry," "Registry" or
"Registry Operator" shall refer to the registry administrator of the
applicable TLD or ccTLD. This Agreement explains our obligations to you,
and explains your obligations to us for the Services. By agreeing to
the terms and conditions set forth in this Agreement, you are also
agreeing to be bound by the rules and regulations set forth by a
registry for that particular registry only.
- SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot
guarantee that you will obtain a desired domain name registration, even
if an inquiry indicates that a domain name is available at the time of
your application for same. You represent that, to the best of the your
knowledge and belief, neither the registration of the domain name nor
the manner in which it is directly or indirectly to be used, infringes
upon the legal rights of a third party and further, that the domain name
is not being registered for nor shall it at any time whatsoever be used
for any unlawful purpose.
- FEES. As consideration for the Services, you agree to pay Reseller
the applicable service(s) fees prior to the effectiveness of a desired
domain name registration or any renewal thereof. All fees payable
hereunder are non-refundable even if your domain name registration is
suspended, cancelled or transferred prior to the end of your current
registration term. As further consideration for the Services, you agree
to: (1) provide certain current, complete and accurate information about
you as required by the registration process, and (2) maintain and
update this information as needed to keep it current, complete and
accurate. All such information shall be referred to as account
information ("Account Information"). You represent that the Account
Information and all other statements put forth in your application are
true, complete and accurate. Both Ascensia Management and each registry reserves the
right to terminate your domain name registration if: (i) information
provided by you or your agent is false, inaccurate, incomplete,
unreliable, misleading or otherwise secretive; or (ii) you have failed
to maintain, update and keep your Account Information true, current,
complete, accurate and reliable. You acknowledge that a breach of this
Section 3 will constitute a material breach of our Agreement which will
entitle either us or a registry to terminate this Agreement immediately
upon such breach without any refund and without notice to you.
- TERM. This Agreement will remain in effect during the term of your
domain name registration as selected, recorded and paid for at the time
of registration or any renewal thereof. Should the domain name be
transferred to another registrar, the terms and conditions of this
Agreement shall cease.
- MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of
registering and administering domain names is constantly evolving;
therefore, you agree that Ascensia Management may modify this Agreement, or any other
related and/or applicable agreement, as is necessary to comply with its
agreements with ICANN, a registry or any other entity or individual, as
well as to adjust to changing circumstances. Your continued use of the
domain name registered to you will constitute your acceptance of this
Agreement with any revisions. If you do not agree to any change, you may
request that your domain name registration be cancelled or transferred
to a different accredited registrar. You agree that such cancellation or
request for transfer will be your exclusive remedy if you do not wish
to abide by any change to this Agreement, or any other related and/or
applicable agreement.
- MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use the Account Identifier and
Password that you selected when you opened your account with us. You
agree to safeguard your Account Identifier and Password from any
unauthorized use. In no event shall we be liable for the unauthorized
use or misuse of your Account Identifier or Password.
- NO GUARANTY. You acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection to the
registration, reservation or use of the domain name.
- DOMAIN
NAME DISPUTES. You agree that, if the registration or reservation of
your domain name is challenged by a third party, you will be subject to
the provisions specified in the dispute policy adopted by the
applicable registry. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained in the applicable
policy. If Ascensia Management is notified that a complaint has been
filed with a judicial or administrative body regarding your domain
name, Ascensia Management may, at its sole discretion, suspend your
ability to use your domain name or to make modifications to your
registration records until (i) Ascensia Management is directed to do so
by the judicial or administrative body, or (ii) Ascensia Management
receives notification by you and the other party contesting your domain
that the dispute has been settled. Furthermore, you agree that if you
are subject to litigation regarding your registration or use of your
domain name, Ascensia Management may deposit control of your
registration record into the registry of the judicial body by supplying
a party with a registrar certificate from us.
- POLICY. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to a Ascensia Management,
registry, ICANN or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a Ascensia Management,
registry, ICANN or government-adopted policy, (1) to correct mistakes by
us or a registry in registering the name or (2) for the resolution of
disputes concerning the domain name.
- AGENCY. Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name holder of record and are
therefore responsible for providing your own full contact information
and for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution of any
problems that arise in connection with the domain name. You shall accept
liability for harm caused by wrongful use of the domain name. You
represent that you will secure the agreement of any third party to the
terms and conditions in this Agreement.
- ANNOUNCEMENTS. We reserve the right to distribute information to you
that is pertinent to the quality or operation of our services and those
of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes,
upgrades, new products or other information to add security or to
enhance your identity on the Internet.
- LIMITATION
OF LIABILITY. You agree that our entire liability, and your exclusive
remedy, with respect to any Services(s) provided under this Agreement
and any breach of this Agreement is solely limited to the amount you
paid for the initial registration of your domain name. Ascensia
Management Inc. and its directors, employees, affiliates, subsidiaries,
agents and third party providers, ICANN and the applicable registries
shall not be liable for any direct, indirect, incidental, special or
consequential damages resulting from the use or inability to use any of
the Services or for the cost of procurement of substitute services.
- INDEMNITY. You agree to release, indemnify, and hold Ascensia Management, its
contractors, agents, employees, officers, directors and affiliates,
ICANN, the applicable registries and their respective directors,
officers, employees, agents and affiliates harmless from all
liabilities, claims and expenses, including attorney's fees, of third
parties arising out of or relating to the registration or use of the
domain name registered in your name including without limitation
infringement by you or a third party with access to your Account
Identifier and Password. You also agree to release, indemnify and hold
us harmless pursuant to the terms and conditions contained in the
applicable Dispute Policy. When we are threatened with suit by a third
party, we may seek written assurances from you concerning your promise
to indemnify us; your failure to provide those assurances may be
considered by us to be a breach of your Agreement and may result in the
suspension or cancellation of your domain name. This indemnification
obligation will survive the termination or expiration of this Agreement.
- TRANSFER OF OWNERSHIP. The person named as registrant on the WHOIS
shall be the registered name holder. The person named as administrative
contact at the time the controlling Account Identifier and Password are
secured, shall be deemed the designate of the registrant with the
authority to manage the domain name. You agree that prior to
transferring ownership of your domain name to another person (the
"Transferee") you shall require the Transferee to agree, in writing to
be bound by all the terms and conditions of this Agreement. If the
Transferee fails to be bound in a reasonable fashion (as determine by us
in our sole discretion) to the terms and conditions in this Agreement,
any such transfer will be null and void.
- BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or policy or the Dispute Policy provided
by us, may be considered by us to be a material breach and that we may
provide a written notice, describing the breach, to you. If within
thirty (30) calendar days of the date of such notice, you fail to
provide evidence, which is reasonably satisfactory to us, that you have
not breached your obligations under the Agreement, then we may delete
the registration or reservation of your domain name. Any such breach by
you shall not be deemed to be excused simply because we did not act
earlier in response to that, or any other breach by you.
- DISCLAIMER OF WARRANTIES. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided on
an "as is," "as available" basis. We expressly disclaim all warranties
of any kind, whether express or implied, including but not limited to
the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that the Services will
meet your requirements, or that the Service(s) will be uninterrupted,
timely, secure, or error free; nor do we make any warranty as to the
results that may be obtained from the use of the Service(s) or as to the
accuracy or reliability of any information obtained through the Service
or that defects in the Service will be corrected. You understand and
agree that any material and/or data downloaded or otherwise obtained
through the use of Service is done at your own discretion and risk and
that you will be solely responsible for any damage to your computer
system or loss of data that results from the download of such material
and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions entered
into through the Service. No advice or information, whether oral or
written, obtained by you from us or through the Service shall create any
warranty not expressly made herein.
- INFORMATION. As part of the registration process, you are required
to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information:
- Your name and postal address (or, if different, that of the domain name holder);
- the domain name being registered;
- the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the
domain name;
- the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name;
and
- the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the technical contact for the domain
name.
Any voluntary information we request is collected in order that we
can continue to improve the products and services offered to you through
your Reseller.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information you
provide available to ICANN, to the registry administrators, law
enforcement agencies and to other third parties as applicable. You
further agree and acknowledge that we may make publicly available, or
directly available to third party vendors, some or all, of the domain
name registration information you provide, for purposes of inspection
(such as through our WHOIS service) or other purposes as required or
permitted by ICANN and applicable laws.
- You hereby consent to any and all such disclosures and use of, and
guidelines, limits and restrictions on disclosure or use of, information
provided by you in connection with the registration of a domain name
(including any updates to such information), whether during or after the
term of your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have arising from
such disclosure or use of your domain name registration information by
us.
- You may access your domain name registration information in our
possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available by us
through your Reseller.
- We will not process or maintain data about any identified or
identifiable natural person that we obtain from you in a way
incompatible with the purposes and other limitations which we describe
in this Agreement.
- We will take reasonable precautions to protect the information we
obtain from you from our loss, misuse, unauthorized disclosure,
alteration or destruction of that information.
- OBLIGATION TO MAINTAIN WHOIS. Your willful provision of inaccurate
or unreliable information, your willful failure promptly to update
information provided to us, or any failure to respond to inquiries by us
addressed to the email address of the registrant, the administrative,
billing or technical contact appearing in the WHOIS directory with
respect to a domain name concerning the accuracy of contact details
associated with the registration shall constitute a material breach of
this Agreement and be a basis for cancellation of the domain name
registration. Any information collected by us concerning an identified
or identifiable natural person ("Personal Data") will be used in
connection with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by ICANN or an
applicable registry policy.
- REVOCATION. We, in our sole discretion, reserve the right to deny,
cancel, suspend, transfer or modify any domain name registration to
correct a mistake, protect the integrity and stability of the company
and any applicable registry, to comply with any applicable laws,
government rules, or requirements, requests of law enforcement, in
compliance with any dispute resolution process, or to avoid any
liability, civil or criminal. You agree that we shall not be liable to
you for loss or damages that may result from our refusal to register or
cancel, suspend, transfer or modify your domain name registration.
- INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this
Agreement may be inconsistent with any term, condition, policy or
procedure of an applicable registry, the term, condition, policy or
procedure of the applicable registry shall prevail.
- NON-WAIVER. Our failure to require performance by you of any
provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by us of a
breach of any provision hereof be taken or held to be a waiver of the
provision itself.
- NOTICES. Any notice, direction or other communication given under
this Agreement shall be in writing and given by sending it via e-mail or
via regular mail. In the case of e-mail, valid notice shall only have
been deemed to be given when an electronic confirmation of delivery has
been obtained by the sender.
- ENTIRETY. You agree that this Agreement, the applicable dispute
policy and the rules and policies published by Ascensia Management and any applicable
registry or other governing authority are the complete and exclusive
agreement between you and us regarding our Services.
- GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE
FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES
GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE
BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF
SUCH COURTS.
- INFANCY. You attest that you are of legal age to enter into this Agreement.
- FORCE MAJEURE. You acknowledge and agree that neither we nor the
applicable registry shall be responsible for any failures or delays in
performing our respective obligations hereunder arising from any cause
beyond our reasonable control, including but not limited to, acts of
God, acts of civil or military authority, fires, wars, riots,
earthquakes, storms, typhoons and floods.
- PRIVACY. You agree to our Privacy Policy.
- CONTROLLING LANGUAGE. In the event that you are reading this
Agreement in a language other than the English language, you acknowledge
and agree that the English language version hereof shall prevail in
case of inconsistency or contradiction in interpretation or translation.
- TLD'S. The following additional provisions apply to any domain names
that you register through Ascensia Management with the various registries:
- .com/net domains: In the case of a ".com" or ".net" registration, the following terms and conditions will apply:
- Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification.
- .org domains: In the case of a ".org" registration, the following terms and conditions will apply:
- Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification.
- .info domains: In the case of a ".info" registration, the following terms and conditions will apply:
- Registrant's Personal Data. You consent to the use,
copying, distribution, publication, modification, and other processing
of Registrant's personal data by Afilias, the .INFO registry, and its
designees and agents, in a manner consistent with the purposes specified
pursuant to its contract.
- Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification.
- Reservation of Rights. Ascensia Management and Afilias expressly
reserve the right to deny, cancel, transfer, or modify any registration
that either registrar or Afilias deems necessary, at its discretion, to
protect the integrity and stability of the registry, to comply with any
applicable law, any government rule or requirement, any request of law
enforcement, any dispute resolution process, or to avoid any liability,
civil or criminal, on the part of the registrar and/or Afilias, as well
as their affiliates, subsidiaries, executives, directors, officers,
managers, employees, consultants, and agents. The registrar and Afilias
also reserve the right to suspend a domain name or its registration data
during resolution of a dispute.
- .biz domains. In the case of a ".biz" registration, the following terms and conditions will apply:
- .biz Restrictions. Registrations in the .biz
top-level domain must be used or intended to be used primarily for bona
fide business or commercial purposes. For the purposes of the .biz
registration restrictions, "bona fide business or commercial use" shall
mean the bona fide use or bona fide intent to use the domain name or any
content, software, materials, graphics or other information thereon, to
permit Internet users to access one or more host computers through the
DNS:
- to exchange goods, services, or property of any kind;
- in the ordinary course of business; or
- to facilitate (i) the exchange of goods,
services, information or property of any kind; or (ii) the ordinary
course of trade or business.
For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
- Selection of a Domain Name. You represent that:
- the data provided in the domain name
registration application is true, correct, up to date and complete, and
that you will continue to keep all of the information provided correct,
up-to-date and complete;
- to the best of the your knowledge and
belief, neither this registration of a domain name nor the manner in
which it is directly or indirectly to be used infringes upon the legal
rights of a third party;
- that the domain name is not being registered
for nor shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
- the registered domain name will be used
primarily for bona fide business or commercial purposes and not (a)
exclusively for personal use, or (b) solely for the purposes of (1)
selling, trading or leasing the domain name for compensation, or (2) the
unsolicited offering to sell, trade or lease the domain name for
compensation;
- you have the authority to enter into this Registration Agreement; and
- the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.
- Provision of Registration Data. As part of the
registration process, you are required to provide us with certain
information and to keep the information true, current, complete, and
accurate at all times. The information includes the following:
- your full name;
- your postal address;
- your e-mail address; (D) your voice telephone number;
- your fax number (if applicable);
- the name of an authorized person for contact
purposes in the case of a registrant that is an organization,
association, or corporation;
- the IP addresses of the primary nameserver and any secondary nameserver for the domain name;
- the corresponding names of the primary and secondary nameservers;
- the full name, postal address, e-mail
address, voice telephone number, and, when available, fax number of the
administrative, technical, and billing contacts, and the name holder for
the domain name; and
- any remark concerning the domain name that should appear in the WHOIS directory.
- You agree and understand that the foregoing
registration data will be publicly available and accessible on the WHOIS
directory as required by ICANN and/or registry policies, and may be
sold in bulk in accordance with the ICANN agreement.
- Domain Name Disputes. You acknowledge having read
and understood and agree to be bound by the terms and conditions of the
following documents, as they may be amended from time to time, which are
hereby incorporated and made an integral part of this Agreement:
- The Uniform Domain Name Dispute Resolution Policy ("Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;
- The Restrictions Dispute Resolution Criteria and Rules ("RDRP"), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm; (collectively, the "Dispute Policies").
- The Dispute Policy sets forth the terms and
conditions in connection with a dispute between a Registrant and any
party other than the Registry or Registrar over the registration and use
of an Internet domain name registered by Registrant.
- The RDRP sets forth the terms under which any
allegation that a domain name is not used primarily for business or
commercial purposes shall be endorsed on a case-by-case, fact specific
basis by an independent ICANN-accredited dispute provider.
- .name domains. In the case of a ".name" registration, the following terms and conditions will apply:
- .name Restrictions. Registrations in the .name
top-level domain must constitute an individual's "Personal Name". For
purposes of the .name restrictions (the "Restrictions"), a "Personal
Name" is a person's legal name, or a name by which the person is
commonly known. A "name by which a person is commonly known" includes,
without limitation, a pseudonym used by an author or painter, or a stage
name used by a singer or actor.
- .name Representations. As a .name domain name registrant, you hereby represent that:
- the registered domain name or second level domain ("SLD") e-mail address is your Personal Name.
- the data provided in the domain name
registration application is true, correct, up to date and complete and
that you will continue to keep all of the information provided correct,
current and complete,
- to the best of the your knowledge and
belief, neither this registration of a domain name nor the manner in
which it is directly or indirectly to be used infringes upon the legal
rights of a third party;
- that the domain name is not being registered
for nor shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
- the registration satisfies the Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; and
- you have the authority to enter into this Registration Agreement.
- E-mail Forwarding Services. The Services for
which you have registered may, at your option, include e-mail
forwarding. To the extent you opt to use e-mail forwarding, you are
obliged to do so in accordance with all applicable legislation and are
responsible for all use of e-mail forwarding, including the content of
messages sent through e-mail forwarding. You undertake to familiarize
yourself with the content of and to comply with the generally accepted
rules for Internet and e-mail usage. This includes, but is not limited
to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use e-mail forwarding:
- to encourage, allow or participate in any
form of illegal or unsuitable activity, including but not restricted to
the exchange of threatening, obscene or offensive messages, spreading
computer viruses, breach of copyright and/or proprietary rights or
publishing defamatory material;
- to gain illegal access to systems or
networks by unauthorized access to or use of the data in systems or
networks, including all attempts at guessing passwords, checking or
testing the vulnerability of a system or network or breaching the
security or access control without the sufficient approval of the owner
of the system or network;
- to interrupt data traffic to other users,
servers or networks, including, but not restricted to, mail bombing,
flooding, Denial of Service (DoS) attacks, willful attempts to overload
another system or other forms of harassment; or
- for spamming, which includes, but is not
restricted to, the mass mailing of unsolicited e-mail, junk mail, the
use of distribution lists (mailing lists) which include persons who have
not specifically given their consent to be placed on such distribution
list. Users are not permitted to provide false names or in any other way
to pose as somebody else when using e-mail forwarding.
- Registry reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with a history of
abuse from entering Registry's e-mail forwarding. However, due to the
nature of such systems, which actively block messages, Registry shall
make public any decision to implement such systems a reasonable time in
advance, so as to allow you or us to give feedback on the decision.
- You understand and agree that Registry may delete
material that does not conform to clause (c) above or that in some other
way constitutes a misuse of e-mail forwarding. You further understand
and agree that Registry is at liberty to block your access to e-mail
forwarding if you use e-mail forwarding in a way that contravenes this
Agreement. You will be given prior warning of discontinuation of the
e-mail forwarding unless it would damage the reputation of Registry or
jeopardize the security of Registry or others to do so. Registry
reserves the right to immediately discontinue e-mail forwarding without
notice if the technical stability of e-mail forwarding is threatened in
any way, or if you are in breach of this Agreement. On discontinuing
e-mail forwarding, Registry is not obliged to store any contents or to
forward unsent e-mail to you or a third party.
- You understand and agree that to the extent either
we and/or Registry is required by law to disclose certain information or
material in connection with your e-mail forwarding, either we and/or
Registry will do so in accordance with such requirement and without
notice to you.
- Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to us
from another registrar, you agree to be bound by the dispute policy that
is incorporated herein and made a part of this Agreement by reference.In
addition, you hereby acknowledge that you have read and understood and
agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement.
- the Eligibility Requirements (the "Eligibility Requirements"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
- the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm; and
- the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at: http://www.icann.org/dndr/udrp/policy.htm.
- The Eligibility Requirements dictate that Personal
Name domain names and Personal Name SLD e-mail addresses will be granted
on a first-come, first-served basis. The following categories of
Personal Name Registrations may be registered: (i) the Personal Name of
an individual; (ii) the Personal Name of a fictional character, if you
have trademark or service make rights in that character's Personal Name;
(iii) in addition to a Personal Name registration, you may add numeric
characters to the beginning or the end of the Personal Name so as to
differentiate it from other Personal Names.
- The ERDRP applies to challenges to (i) registered
domain names and SLD e-mail address registrations within .name on the
grounds that a Registrant does not meet the Eligibility Requirements,
and (ii) to Defensive Registrations (as defined by the Registry) within
.name.
- The UDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and party other than the
Registry or Ascensia Management over the registration and use of an Internet domain
name registered by a Registrant.
- ccTLD'S
- .ca domains. In the case of a ".ca" registration, the following terms and conditions will apply:
- Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to us
from another registrar, you agree to be bound by the Dispute Policy,
which is incorporated herein and made a part of this Agreement by
reference. The current version of the Dispute Policy may be found at http://www.cira.ca/en/cat_Dpr.html. Please take the time to familiarize yourself with this policy.
- Registry Policy. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or transfer
pursuant to any Registry-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with a Registry adopted policy, (1)
to correct mistakes by Ascensia Management or the Registry in registering the name
or (2) for the resolution of disputes concerning the domain name.
- Transfer of Ownership. Any transfer of ownership in and
to a domain name registration shall be affected in accordance with
registry policies and procedures.
- Registry Agreement and Policy. You acknowledge and
understand that by accepting the terms and conditions of this agreement
you shall be bound by the Registry's Registrant Agreement, the
Registry's policies and any pertinent rules or policies that exist now
or in the future and which are posted on the Registry website at http://www.cira.ca/en/doc_Registrar.html.
You are responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry agreement or policy, your sole remedy is to
cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation.
- You acknowledge and agree that the Registry shall not be
liable to you for any loss, damage, or expense arising out of the
Registry's failure or refusal to register a domain name, it's failure or
refusal to renew a domain name registration, it's registration of a
domain name, it's failure or refusal to renew a domain name
registration, it's renewal of a domain name registration, it's failure
or refusal to transfer a domain name registration, it's transfer of a
domain name registration, it's failure or refusal to maintain or modify a
domain name registration, it's maintenance of a domain name
registration, it's modification of a domain name registration, it's
failure to cancel a domain name registration or it's cancellation of a
domain name registration from the Registry;
- .cc Domains. In the case of a ".cc" registration, the following terms and conditions will apply:
- Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to us
from another registrar, you agree to be bound by the Dispute Policy that
is incorporated herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found at http://www.nic.cc/policies/dispute.html. Please take the time to familiarize yourself with this policy.
- Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall be bound
by Registry policies and any pertinent rules or policies that exist now
or in the future and which are posted on the Registry website at http://www.nic.cc.
You are responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
- .cn Domains. In the case of a ".cn" registration, the following terms and conditions shall apply:
- "Registry" means the China Internet Network
Information Center, which is the authority responsible for the
administration of the national top-level domain of the People's Republic
of China and the Chinese domain name system;
- "Registry Gateway" means the service provided by the
Registry Operator that facilitates the registration of .cn domain names
by registrars operating outside of the People's Republic of China;
- "Registry Operator" means Neustar, Inc., the company
authorized to facilitate the registration of .cn domain names by
registrars operating outside of the People's Republic of China.
- Restrictions. You agree that you shall not register or use a domain name that is deemed by CNNIC to:
- be against the basic principles prescribed in the Constitution of the Peoples Republic of China ("PRC");
- jeopardize national security, leak state secrets, intend to overturn the government or disrupt the integrity of the PRC;
- harm national honor and national interests of the PRC;
- instigate hostility or discrimination between different nationalities or disrupt the national solidarity of the PRC;
- spread rumors, disturb public order or disrupt social stability of the PRC;
- spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
- insult, libel against others and infringe other people's legal rights and interests in the PRC; or
- take any other action prohibited in laws, rules and administrative regulations of the PRC.
- Business or Organization Representation. .cn domain
name registrations are intended for businesses and organizations and not
for individual use. By registering a .cn name, you accordingly
represent that you have registered the domain name on behalf or a
business or organization. It should be noted that, although .cn policy
is permissive in terms of registration, and enforcement is generally in
reaction to a complaint (as opposed to proactive review), registrations
that are not associated with an organization or business may be subject
to deletion. The foregoing prevents an individual from registering a .cn
domain name for a business operating as a sole proprietorship.
- Domain Name Disputes. You acknowledge having read
and understood and agree to be bound by the terms and conditions of the
CNNIC Domain Name Dispute Policy & Rules for CNNIC Dispute
Resolution Policy ("Dispute Policy"), as they may be amended from time
to time, which are hereby incorporated and made an integral part of this
Agreement. The Dispute Policy is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
- You acknowledge that, pursuant to the Dispute
Policy, Registrars must comply with all reasonable requests from the
applicable domain name dispute resolution institutions including the
provision of all relevant evidence in any domain name disputes in the
specified time frames.
- If we are notified that a complaint has been filed
with a judicial or administrative body regarding your use of our domain
name registration services, you agree not to make any changes to your
domain name record without our prior approval. We may not allow you to
make changes to such domain name record until (i) we are directed to do
so by the judicial or administrative body, or (ii) we receive
notification by you and the other party contesting your registration and
use of our domain name registration services that the dispute has been
settled. Furthermore, you agree that if you are subject to litigation
regarding your registration and use of our domain name registration
services, we may deposit control of your domain name record into the
registry of the judicial body by supplying a party with a registrar
certificate from us.
- Adherence to Policies. You agree to comply with all
applicable laws, regulations and policies of the Peoples Republic of
China's governmental agencies and the China Internet Network Information
Centre ("CNNIC"), including but not limited to the following rules and
regulations:
- Provisional Administrative Rules for Registration of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
- Detailed Implementation Rules for Registration of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
- Chinese Domain Names Dispute Resolution Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm); and
- CNNIC Implementing Rules of Domain Name Registration (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
You acknowledge that you have read and understood
and agree to be bound by the terms and conditions of the policies of
the CNNIC, as they may be amended from time to time.
- Suspension and Cancellation. You agree that your
registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any Ascensia Management, Registry Operator,
CNNIC or government-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with a CNNIC or government-adopted
policy, (1) to correct mistakes by a party in registering the name, (2)
for the resolution of disputes concerning the domain name, (3) to
protect the integrity and stability of the registry, (4) to comply with
any applicable laws, government rules or requirements, requests of aw
enforcement, (5) to avoid any liability, civil or criminal, on the part
of Ascensia Management, Registry Operator or CNNIC, as well as their affiliates,
subsidiaries, directors, representatives, employees and stockholders or
(6) for violations of this Agreement. Ascensia Management, Registry Operator and
CNNIC also reserve the right to "freeze" a domain name during the
resolution of a dispute.
- Jurisdiction. For the adjudication of disputes
concerning or arising from use of the domain name, the Registrant shall
submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (1) of the Registrant's domicile, (2)
where Ascensia Management is located, and (3) the People's Republic of China.
- Governing Law. For the adjudication of a dispute
concerning or arising from use of a .cn domain, such dispute will be
governed under the Laws of the Peoples Republic of China.
- .de domains. In the case of a ".de" registration, the following terms and conditions will apply:
- Selection of a Domain Name. You represent that:
- you have reviewed and have accepted the
Registry's Terms and Conditions and the Registry's Guidelines and have
provided your Reseller with written confirmation of same;
- either you, or the person designated as the
administrative contact for the domain name, shall be resident or shall
have a branch in Germany;
- to the best of the your knowledge and
belief, neither this registration of a domain name nor the manner in
which it is directly or indirectly to be used infringes upon the legal
rights of a third party and, further, that the domain name is not being
registered for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever.
- Domain Name Disputes. You agree that, if the
registration or reservation of your domain name is challenged by a third
party, you will be subject to the provisions specified by the Registry
or any court of law. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions specified by the Registry or any
court of law. (iii) Registry Policies. You agree to be bound by the
Registry's Registration Terms and Conditions and the Registration
Guidelines. English language translations of the Registry's documents
are provided for convenience; in the event of a discrepancy between the
English and the German language agreements, the terms of the German
agreement will prevail. The Registry documents may be found at:
11.2. English:
- Registration Terms and Conditions http://www.denic.de/en/bedingungen.html
- Registration Guidelines http://www.denic.de/en/richtlinien.html
- DENIC direct pricelist http://www.denic.de/en/preisliste.html
11.3. German:
- DENIC-Registrierungsbedingungen http://www.denic.de/de/bedingungen.html
- DENIC-Registrierungsrichtlinien http://www.denic.de/de/richtlinien.html
- DENIC-Preisliste http://www.denic.de/de/preisliste.html
- .tv domains. In the case of a ".tv" registration, the following terms and conditions will apply:
- Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to us
from another Registrar, you agree to be bound by the Dispute Policy that
is incorporated herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found at http://www.icann.org/dndr/udrp/policy.htm. Please take the time to familiarize yourself with this policy.
- Policy . You agree that your registration of the .tv
domain name shall be subject to suspension, cancellation, or transfer
pursuant to any ICANN or government adopted policy, or pursuant to any
Registrar or registry procedure not inconsistent with an ICANN or
government-adopted policy, (1) to correct mistakes by us or the
applicable Registry in registering the name or (2) for the resolution of
disputes concerning the domain name. You acknowledge that you have
reviewed the .tv General Terms of Service which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml and expressly agree to the terms outlined therein.
- co.uk, .org.uk, ltd.uk, net.uk, plc.uk and me.uk domains. In
the case of a co.uk, .org.uk, ltd.uk, net.uk, plc.uk or me.uk
registration, the following terms and conditions will apply:
- "Nominet UK" means the entity granted the exclusive right to administer the registry for .uk domain name registrations.
- Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to us
from another registrar, you agree to be bound by the Dispute Policy
which is incorporated herein and made a part of this Agreement by
reference. The current version of the Dispute Policy may be found at: http://www.nic.uk/DisputeResolution/DrsPolicy/. Please take the time to familiarize yourself with this policy.
- Nominet UK Policy. You agree that your registration
of the domain name shall be subject to suspension, cancellation, or
transfer pursuant to any Nominet UK-adopted policy, term or condition,
or pursuant to any registrar or registry procedure not inconsistent with
an Nominet UK-adopted policy, (1) to correct mistakes by a registrar or
the registry in registering the name, or (2) for the resolution of
disputes concerning the domain name. The current Nominet UK terms and
conditions can be found at: http://www.nominet.org.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
When you submit a request for a domain name
registration with Ascensia Management and/or Reseller, you will be entering into two
contracts - one contract with Ascensia Management and/or Reseller and one contract
with Nominet UK.
Ascensia Management and your Reseller will act as agents on
your behalf by submitting your application to Nominet for you, however,
you will still be entering into a direct contract between you and
Nominet UK. This is a separate contract from this agreement; may be
found at http://resellers.Ascensia Management.com/contracts/uk/ukterms. Ascensia Management and Reseller must also make you aware that by accepting
Nominet's terms and conditions you are consenting to Nominet using your
personal data for a variety of reasons. In particular, your name and
address may be published as part of Nominet's WHOIS look-up service.
- Transfer of Ownership. Any transfer of ownership in
and to a domain name registration shall be affected in accordance with
Nominet UK policies and procedures.
- .us domains. In the case of a ".us" registration, the following terms and conditions will apply:
- "DOC" means the United States of America Department of Commerce.
- us Nexus Requirement. Only those individuals or
organizations that have a substantive lawful connection in the United
States are permitted to register for .usTLD domain names. Registrants in
the .usTLD must satisfy the nexus requirement ("Nexus" or "Nexus
Requirements") set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
- Selection of a Domain Name. You certify and represent that:
- You have and shall continue to have, a bona
fide presence in the United States on the basis of real and substantial
lawful contacts with, or lawful activities in, the United States as
defined in Section (ii) hereinabove;
- The listed name servers are located within the United States;
- The data provided in the domain name
registration application is true, correct, up to date and complete, and
that you will continue to keep all of the information provided correct,
up-to-date and complete;
- To the best of the your knowledge and
belief, neither this registration of a domain name nor the manner in
which it is directly or indirectly to be used infringes upon the legal
rights of a third party;
- That the domain name is not being registered
for nor shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
- You have the authority to enter into this Registration Agreement.
- Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to us
from another registrar, you agree to be bound by the Dispute Policy and
the usDRP, as defined below, that is incorporated herein and made a part
of this Agreement by reference. Please take the time to familiarize
yourself with these policies.
- Domain Name Disputes. You acknowledge having
read and understood and agree to be bound by the terms and conditions
of the following documents, as they may be amended from time to time,
which are hereby incorporated and made an integral part of this
Agreement:
- The Nexus Dispute Policy ("Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an opportunity
to challenge a registration not complying with the Nexus Requirements.
- The usTLD Dispute Resolution Policy ("usDRP") available at: http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested parties with an opportunity
to challenge a registration based on alleged trademark infringement.
In addition to the foregoing, you agree that, for
the adjudication of disputes concerning or arising from use of the
Registered Name, you shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts
(i) of your domicile, (ii) where Ascensia Management is located, and (iii) the United
States.
- Policy. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or transfer
pursuant to any Ascensia Management, Registry Operator, the DOC or government-adopted
policy, or pursuant to any registrar or registry procedure not
inconsistent with a DOC or government-adopted policy, (1) to correct
mistakes by us or the applicable Registry in registering the name or (2)
for the resolution of disputes concerning the domain name. The Registry
Operator's policies can be found at http://www.neustar.us/policies.
- Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove.
- Information. As part of the registration process,
you are required to provide us certain information and to update us
promptly as such information changes such that our records are current,
complete and accurate. You are obliged to provide us the following
information:
- Your full name, postal address, e-mail
address and telephone number and fax number (if available) (or, if
different, that of the domain name holder);
- The domain name being registered;
- The name, postal address, e-mail address,
and telephone number and fax number (if available) telephone numbers of
the administrative contact, the technical contact and the billing
contact for the domain name;
- The IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name;
- In addition to the foregoing, you will be
required to provide additional Nexus Information. The Nexus Information
requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
Any other information, which we request from you
at registration, is voluntary. Any voluntary information we request is
collected for the purpose of improving the products and services offered
to you through your Reseller.
- Disclosure and Use of the Registration Information.
You agree and acknowledge that we will make domain name registration
information you provide available to the DOC, to the Registry Operator,
and to other third parties as applicable. You further agree and
acknowledge that we may make publicly available, or directly available
to third party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as through our
WHOIS service) or other purposes as required or permitted by the DOC
and applicable laws.
You hereby consent to any and all such disclosures and
use of information provided by you in connection with the registration
of a domain name (including any updates to such information), whether
during or after the term of your registration of the domain name. You
hereby irrevocably waive any and all claims and causes of action you may
have arising from such disclosure or use of your domain name
registration information by us.
You may access your domain name registration information
in our possession to review, modify or update such information, by
accessing our domain manager service, or similar service, made available
by us through your Reseller.
We will not process data about any identified or
identifiable natural person that we obtain from you in a way
incompatible with the purposes and other limitations which we describe
in this Agreement.
We will take reasonable precautions to protect the
information we obtain from you from our loss, misuse, unauthorized
accessor disclosure, alteration or destruction of that information.
- ACCEPTANCE OF AGREEMENT. YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF
THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Revised: May 1, 2013
Civil Subpoena Policy
Ascensia Management Inc., INC.'s (the “Company”) Privacy Policy
prohibits the release of customer or account information without express
permission from the customer, except when required by law, to conform
to the edicts of the law, or to comply with legal process properly
served on the Company or one of its affiliates.
If you seek the identity or account information of a the
Company customer in connection with a civil legal matter, you must fax,
mail, or serve the Company, INC. with a valid subpoena.
Submission of Subpoenas
The Company is located in Mississauga, Canada and all civil subpoenas should be served at that location or mailed to:
Ascensia Management Inc.
Attn: Emad Ali, General Counsel
3248 Cabano Crescent
Mississauga, ON L5M 0B9
Upon the receipt of a validly issued civil subpoena, the
Company will promptly notify the customer whose information is sought
via e-mail or U.S. mail. If the circumstances do not amount to an
emergency, the Company will not immediately produce the customer
information sought by the subpoena and will provide the customer an
opportunity to move to quash the subpoena in court.
Fees for Subpoena Compliance
The Company will charge the person or entity submitting the
civil subpoena for costs associated with subpoena compliance. Payment
must be made within thirty (30) days from the date of receipt of the
Company invoice. Checks should be made out to the Company, INC.
The Company's subpoena compliance costs are as follows:
Research - $75.00/hour
Federal Express - Cost as Billed
Copies - $.50/page
Compact Discs - $10.00/per CD
Policies Regarding E-mail
the Company will not produce the content of e-mail, as the
Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq.,
prohibits an electronic communications service provider from producing
the contents of electronic communications, even pursuant to subpoena or
court order, except in limited circumstances. The Company's e-mail
servers do not retain deleted or sent e-mail. However, deleted e-mail
may be recoverable from back-up servers for a limited time.
The Company reserves the right to request a copy of the
complaint and any supporting documentation that demonstrates how the
Company e-mail address is related to the pending litigation and the
underlying subpoena.
Revised: May 1, 2013
Anti-Spam Policy
- Ascensia Management Inc., INC., (“the Company”) maintains a zero tolerance policy for
use of its network in any manner associated with the transmission,
distribution or delivery of any bulk e-mail, including unsolicited bulk
or unsolicited commercial e-mail (“SPAM”). You may not use any our
services or network to send SPAM. In addition, e-mail sent, or caused to
be sent, to or through our network may not:
- Use or contain invalid or forged headers;
- Use or contain invalid or non-existent domain names;
- Employ any technique to otherwise misrepresent, hide or
obscure any information in identifying the point of origin or the
transmission path;
- Use other means of deceptive addressing;
- Use a third party’s internet domain name, or be relayed from
or through a third party’s equipment, without permission of the third
party;
- Contain false or misleading information in the subject line or otherwise contain false or misleading content;
- Fail to comply with additional technical standards described below;
- Otherwise violate the Company’s terms and conditions.
- The Company does not authorize the harvesting, mining or
collection of e-mail addresses or other information from or through its
network. the Company does not permit or authorize others to use its
network to collect, compile or obtain any information about its
customers or subscribers, including but not limited to subscriber e-mail
addresses, which are the Company’s confidential and proprietary
information. Use of our network is also subject to our Acceptable Use
Policy, Policy Statement and Terms of Use and Notices.
- The Company does not permit or authorize any attempt to use
its network in a manner that could damage, disable, overburden or impair
any aspect of any of our services, or that could interfere with any
other party’s use and enjoyment of any the Company product or service.
- We monitor all traffic to and from our servers. Customers
suspected of using the Company’s products and services for the purpose
of sending SPAM will be investigated. It is the Company’s policy to
immediately remove and deactivate any offending web site sending SPAM.
Customers may be asked to produce records that verify
that explicit affirmative permission was obtained from a recipient
before a mailing was sent. The Company may consider the lack of such
proof of explicit affirmative permission of a questionable mailing.
- Customers are prohibited from maintaining open mail relays
on their servers. Ignorance of the presence or operation of an open mail
relay is not and will not be considered an acceptable excuse for its
(the open mail relay) operation.
- Customers are prohibited from providing hosting services for
websites that have been included in SPAM. Hosting includes, but is not
limited to, hosting website(s), providing DNS services as well as
website redirect services.
- If the Company believes that unauthorized or improper use is
being made of any product or service, it may, without notice, take such
action as it, in its sole discretion, deems appropriate, including
blocking messages from a particular internet domain, mail server or IP
address. The Company may immediately terminate any account on any
product or service which it determines, in its sole discretion, is
transmitting or is otherwise connected with any e-mail that violates
this policy.
- The Company reserves the right to suspend and/or cancel
permanently any and all services provided to a User without any
notification. If a Customer is in violation of any term or condition of
this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of
our services to disrupt or, in the Company's sole judgment, could
disrupt the Company's business operations, the Company reserves the
right to charge such Customer an administrative fee equal to $10000 per
each piece of SPAM sent.
- To report an incidence of SPAM, please send an email to admin@webhanced.com.
- Nothing in this policy is intended to grant any right to
transmit or send e-mail to, or through, our network. Failure to enforce
this policy in every instance does not amount to a waiver of the
Company’s rights.
Unauthorized use of the Company’s network in connection
with the transmission of unsolicited e-mail, including the transmission
of e-mail in violation of this policy, may result in civil and criminal
penalties against the sender and those assisting the sender, including
those provided by provincial and federal laws.
Revised: April 2, 2014
Domain Name Dispute & Claims Policy
Ascensia Management Inc., INC. ("Ascensia Management Inc.") supports the protection
of intellectual property. Therefore, we have established the following
policies regarding copyright infringement claims.
Domain Name Dispute Claims
Please refer to the Uniform Domain Name Dispute Resolution
Policy (the "UDRP") if you have a concern or dispute concerning a domain
name. The UDRP covers domain names disputes; this Policy specifically
excludes domain name disputes. Please see
http://www.icann.org/udrp/udrp.htm.
Domain Name Dispute Claims
Copyright Infringement Claims
- To notify Ascensia Management Inc. that there has been a copyright
violation, please follow the specific instructions below for filing a
copyright complaint.
- If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy below.
Domain Name Dispute Claims NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
All
notifications of claimed copyright infringement on the Ascensia
Management Inc., system or Web site should be sent
ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY
FOR NOTIFYING THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN
INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY
MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO
HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND
ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY
COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING
UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL
PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT
(E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS
OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE
A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
Ascensia Management Inc.
Emad Ali
3248 Cabano Crescent
Mississauga, ON L5M 0B9
CAnada
The Notification of Claimed Infringement must include ALL of the following:
- Physical or electronic signature of a person authorized to
act on behalf of the copyright owner (i.e., merging a scanned
handwritten signature into the electronic text or using public-key
encryption technology).
- Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
- Identification of the material that is claimed to be
infringing that should be removed or access to disabled and information
reasonably sufficient to enable the online service provider to locate
the material (usually a URL to the relevant page).
- Information reasonably sufficient to allow the online
service provider to contact the complaining party (address, phone
number, e-mail address).
- Statement that the complaining party has "a good faith
belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law."
- Statement that the information in the notice is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the copyright owner.
Upon receipt of notification of a
claimed infringement, Ascensia Management Inc. will respond
expeditiously to remove, or disable access to, the material that is
claimed to be infringing or to be the subject of infringing activity,
regardless of whether the material or activity is ultimately determined
to be infringing; if selective action is not possible, Ascensia
Management Inc. will terminate the alleged infringer’s Internet access.
Ascensia Management Inc. will also take reasonable steps to promptly notify
the alleged infringer in writing of the claim against him or her, and
that it has removed or disabled access to the material or terminated
Internet access.
COUNTER NOTIFICATION
Upon receipt of notice from Ascensia Management Inc. that a claim of
infringement has been made and/or that the material has been removed or
that access to it has been disabled, the Subscriber may provide a
Counter Notification.
To be effective, a Counter Notification must meet ALL of the following requirements:
- It must be a written communication;
- It must be sent to the Service Provider's Designated Agent;
- It must include the following:
- A physical or electronic signature of the Subscriber;
- 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 the Subscriber
has a good faith belief that the material was removed or disabled as a
result of mistake or misidentification of the material to be removed or
disabled;
- The
Subscriber's name, address, and telephone number, and a statement that
the Subscriber consents to the jurisdiction of Federal District Court
for the judicial district in which the Subscriber’s address is located,
or if the Subscriber's address is outside of the Canada, for any
judicial district in which the Service Provider may be found, and that
the Subscriber will accept service of process from the person who
provided notification or an agent of such person.
Upon receipt of a Counter Notification
from the Subscriber containing the information as outlined above,
Ascensia Management Inc. will:
- Promptly provide the Complaining Party with a copy of the Counter Notification;
- Inform the Complaining Party that it will replace the
removed material or cease disabling access to it within ten (10)
business days following receipt of the Counter Notice;
- Replace the removed material or cease disabling access to
the material in not less than ten (10), nor more than fourteen (14),
business days following receipt of the Counter Notice, provided Service
Provider's Designated Agent has not received notice from the Complaining
Party that an action has been filed seeking a court order to restrain
Subscriber from engaging in infringing activity relating to the material
on Service Provider's network or system.
Repeat Infringers
It is Ascensia Management Inc.’s policy to provide for the termination, in
appropriate circumstances, of Ascensia Management Inc. customers and account holders who
repeatedly violate this policy or are repeat infringers of copyrighted
works, trademarks or any other intellectual property.
Revised: April 2, 2014
Copyright Infringement Claims
- To notify Ascensia Management Inc. that there has been a copyright or
trademark violation, download and review our procedures for filing a
complaint under the Digital Millennium Copyright Act (Click here) and follow the instructions regarding Notice and Procedure for Making Claims of Copyright Infringement.
- If you are responding to a complaint of infringement, download and review our procedures for filing a Counter Notification. (Click here) and follow the instructions regarding Counter Notification.
Please note that our Legal Department (and not our Abuse
Department) handles all complaints regarding potential violations of
trademarks, copyrights and other intellectual property rights - please
do NOT direct these complaints to our Abuse Department - doing so may
delay or prevent our response to your complaint.
Unlimited Disk Space & Bandwidth
While Ascensia Management Inc. does not meter disk space & bandwidth, the
purpose of an Ascensia Management Inc. hosting account is to host web sites. Using a hosting
account primarily for online file storage or archiving electronic files
is prohibited.
Ascensia Management Inc. Personal & Business Class hosting are
shared hosting environments, so to ensure fast & reliable service to
all of our clients, accounts that adversely affect server or network
performance must correct these issues or will be asked to upgrade to a
virtual or dedicated server.
Free Domain Name
Your web hosting account may include a free domain registration
or transfer for the first year of service. When your web hosting account
renews, the applicable then-current pricing will be applied to your
account ($15 Maximum payable for the free domain or transfer).
Student Web Hosting
Discounts for students, educators and school administration
are available for new customers only. Any customer who purchases through
our Education Program is eligible to renew their hosting for one
additional term at the same price. After that, renewals will occur at
the standard fee for that package. Domain names are not included with
any Education Program package but may be purchased separately.
Proof
of enrollment or employment at an educational institution is required
in order to purchase through Ascensia Management Inc.'s Education Program. An
educational institution is defined as a primary school, middle school,
high school, junior college, college or university. For profit
educational institutions and tutoring services are not included in this
offer. A complimentary shared (Power package) web hosting account may be
provided to teachers, professors or administrators on an as needed
basis for evaluation. We reserve the right to revoke or cancel
complimentary accounts at any time.
Network Security
Customers may not use Ascensia Management Inc.'s network as to attempt to
circumvent user authentication or security of any host, network, or
account. This includes, but is not limited to, accessing data not
intended for the Customer, logging into a server or account the Customer
is not expressly authorized to access, password cracking, probing the
security of other networks in search of weakness, or violation of any
other organization's security policy.
Customers may not attempt to
interfere or deny service to any user, host, or network. This includes,
but is not limited to, flooding, mailbombing, or other deliberate
attempts to overload or crash a host or network.
Customers will be held liable for incorrect setting of netmasks,
routes, or any other network configuration or programming issue which
causes unnecessary broadcast or multicast traffic on our network, or
denial of service, deliberate or not, caused by forging ARP queries or
replies or by configuring IPs into their machine which were not
assigned to their server. Any of these actions may result in
disconnection of the server at fault from the network and/or correction
of the fault at the customer's risk and expense. Any loss of
functionality caused by the attempted correction of the problem will be
the customer's responsibility to solve. If the malignity of the problem
is deemed by Ascensia Management Inc. to not warrant such drastic
action, the customer will be contacted via the ticketing system to
correct the problem himself. Customers are responsible for maintaining
their contact information in the ticketing system such that the email
address is always reachable even in the event of their Ascensia
Management Inc. servers being shut down.
If
your server is the initiator or target of a denial of service attack
that adversely affects our/somebody else network, we will terminate your
account without warning and you will be held responsible for any
charges that may result from this action.
Activities that attract
denial of service attacks are expressly prohibited. Customers involved
in these activities will be terminated as soon as we are aware of them.
These activities include, but are not limited to: selling shell
accounts, and involvement with IRC of any kind. This prohibition is for
the protection of our customer base as a whole; these kinds of services
tend to attract attacks that have the potential to degrade service for
all of our customers.
Ascensia Management Inc. will cooperate fully with investigations
of violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation of
suspected criminal violations. Users who violate systems or network
security may incur criminal or civil liability. Ascensia Management Inc.
reserves the right to charge up to $500 per complaint to investigate.
Mandatory Security Updates
From time-to-time, we notify our clients of any exploit we
deem potentially catastrophic. For an exploit to be considered
catastrophic, it must be attacking widely deployed applications that are
in use on a majority of servers. For example, but not limited to,
software related to DNS, APACHE, and SENDMAIL.
The security
notification will be sent via our customer subscribed mailing list, with
a subject line of "Mandatory Security Update". It will provide a
synopsis of the exploit, what is effected, and probable repercussions
associated with failure to update. In addition, the email will provide a
link for customers to download updated software or fixes, or patches,
and directions on installing it. Customers are responsible for following
the instructions in all " Mandatory Security Update" within 24 hours
from their release.
To ensure the security of the clients' servers
and to maintain our network integrity, if 24 hours past notification
the software at issue has not been updated or patched, Ascensia Management Inc.
reserves the right to apply all necessary updates, fix any other obvious
security holes we may find, and bill the customer's account at the
applicable hourly support rate without further notice or customer
approval.
Server Interface
The Ascensia Management Inc. Web Interface and Control Panel are
proprietary software, a single Perl script at /usr/local/sbin/interface.
Although we do not protect the software with compilation nor with
encryption, it is protected under copyright and trade secret laws and is
not to be modified nor distributed in any fashion unless authorized in
writing by Ascensia Management Inc.. Under no circumstances will we allow
changes to the Copyright notice and/or disclaimers on version 2 of the
interface (revisions 1.110 and above), since the "Server Interface"
Trade Name and logo are already protecting resellers from references to Ascensia Management Inc..
Requests for modification, including
translating into other languages, addition of links or advertising,
changes to menus, or customer-specific options, must be sent to
admin@webhanced.com and are subject to an approval process by all
departments. In general, the only changes approved are those of a
general nature, representing an increase in functionality for all
customers. Changes for a single customer which would cause more than
one concurrent version of the software will not be considered.
Changes which are approved will
be done on a prioritized basis by Ascensia Management Inc. technical staff.
Expedited processing of a change order can be paid for by a customer,
but the changes remain property of Ascensia Management Inc. and may be given to
other customers.
Data Backup
Ascensia Management Inc. maintains, as a convenience to its clients,
regular automated data backups on accounts equal to or less than 10
gigabytes in total size. This service is included only with Business
Class or Virtual Private Server hosting accounts and is provided at no
additional charge. Hosting accounts greater than 10 gigabytes in size
will not be included in regular data backups; this service is, however,
available for an additional service charge for accounts exceeding the 10
gigabyte size limit.
While Ascensia Management Inc. maintains the
previously stated backups, this service is provided as a convenience
only and Ascensia Management Inc. assumes no liability as to the availability or
completeness of client data backups. Each client is expected and
encouraged to maintain backup copies of their own data. Ascensia Management Inc.
will provide, upon request, one (1) data restore per four (4) calendar
months free of charge. Additional data restores may be provided but are
subject to additional service fees.
Bandwidth Charges
Higher levels of traffic will incur overcharges on a monthly
basis. However, the rates for bandwidth usage are lower for Ascensia Management Inc. than for
any other services we offer. Ascensia Management Inc. provides full access to web reports
for network traffic monitoring and reporting. Ascensia Management Inc. also provides graphs
that show customers' monthly usage, which is the average rate, and
reflects the amount of bandwidth transferred during the month. The
bandwidth charges reflects the average monthly bandwidth in Kilobits per
second (Kbps) and in Gb/month. These charges reflect our expenses in
network maintenance, upgrades, backbone port charges, leased line loops,
and equipment.
IP Policy
Any IP numbers which remain unused after a 30-day period, according
to our periodic 'ping' testing, will be subject to reassignment by
Ascensia Management Inc.. No prior notice will be given, but we will
email you at your current contact address to inform you that we have
taken back the IP numbers. You can of course request more when you are
ready to use them. And, as stipulated elsewhere, any work incurred in
reclaiming unused IP numbers which have been registered as nameservers
will be billed at our current administrative services rates.
While we will allocate our
customers an "unlimited" number of IP addresses, our allocation of IP
addresses is limited by ARIN's new policies. These new policies state
that use of IP addresses for IP based virtual hosts will not be accepted
as justification for new IP addresses. What this means to you is that
you MUST use name-based hosting where possible. We will periodically
review IP address usage, and if we find that clients are using IP
addresses where name-based hosting could be used, we will revoke
authorization to use those IP addresses that could be used with
name-based hosting."
Ascensia Management Inc. may assign its customers IP (Internet
Protocol) addresses on a temporary basis or for the life of the
contract. Customer agrees that IP addresses are not portable, and
acknowledges that IP addresses are the sole property of Ascensia Management Inc.
and are assigned as part of the services. Furthermore, client
acknowledges that use of IP addresses not allocated by Ascensia Management Inc.
to customer or users is expressively prohibited and will incur a penalty
fee.
This fee would be calculated on a standard engineers hourly
rate fee of $150 separate from any other service or incident fees
prepaid by customer. At the conclusion of Customer's contract, Customer
is required to provide a copy of an Authorized domain registrar (i.e.
Network Solutions) records, showing that Customer's hostname servers no
longer claim the use of our IP addressed we have provided to customer.
This document must be delivered to Ascensia Management Inc. within 10 days after
the effective contract termination date.
General Conduct
Customers are prohibited from transmitting on or through any
of Ascensia Management Inc.'s services, any material that is, in Ascensia Management Inc.'s sole discretion,
unlawful, obscene, threatening, abusive, libelous, or encourages conduct
that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, provincial, state, national or international law.
Ascensia Management Inc.'s services may only be used for lawful purposes.
Transmission, distribution, or storage of any information, data or
material in violation of Canadian law, is prohibited. This includes, but is not limited to,
material protected by copyright, trademark, trade secret, or any other
statute. Ascensia Management Inc.'s reserves the right to remove such illegal material from
its servers.
The customer is responsible for keeping
his billing data with Ascensia Management Inc. up-to-date and accurate.
Furnishing false data on any contract or application, including
fraudulent use of credit card numbers, is grounds for immediate
termination, and may subject the offender to civil or criminal
liability.
The resale of Ascensia Management
Inc.'s products and services is not permitted, unless specifically
permitted and documented in a written agreement.
Important IP Disclosure: Ascensia Management Inc. may assign customer
a reasonable amount of IP addresses (Internet Protocol) on a temporary
basis or for the life of the contract. Client agrees that IP addresses
are not portable and acknowledges that IP addresses are the sole
property of Ascensia Management Inc. and are assigned as part of the services.
Furthermore, client acknowledges that use of IP addresses not allocated
by Ascensia Management Inc. to customer or users is expressively prohibited and
will incur a penalty fee. This fee would be calculated on a standard
engineers hourly rate fee of $150 separate from any other service or
incident fees prepaid by customer.
Facilitating a violation of this AUP: Software, services,
programs, activities, and advertisements that promote, enable, or
facilitate any activity that is prohibited within this document,
including spam, denial of service attacks, compromise of other systems
or attempts to compromise other systems are ALL considered to be
violations of this AUP.
To insure the quality of service of our shared hosting
clients, Ascensia Management Inc. reserves the right to migrate high resource
utilizing clients to servers which may, or may not, incorporate stated
'business class hardware'.
Payment
The initial term of this Agreement shall be as set forth in
the Order Form (the "Initial Term"). The Initial Term shall begin upon
commencement of the Services to Customer. After the Initial Term, this
Agreement shall automatically renew.
ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE
AND AUTHORIZE Ascensia Management Inc., INC TO AUTOMATICALLY BILL AND/OR CHARGE
ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL
TERM, UNLESS TERMINATED OR CANCELED BY EITHER PARTY AS PROVIDED IN THIS
SECTION. The Initial Term and all successive renewal periods shall be
referred to, collectively, as the "Term".
This Agreement may be terminated:
- by giving Ascensia Management Inc., INC. thirty (30) days prior written notice,
- by Ascensia Management Inc., INC. in the event of nonpayment by Customer,
- by Ascensia Management Inc., INC., at any time, without notice,
if, in Ascensia Management Inc., INC.'s sole and absolute discretion and/or
judgment, Customer is in violation of any term or condition of this
Agreement and related agreements, AUP, or Customer's use of the Services
disrupts or, in Ascensia Management Inc., INC.'s sole and absolute discretion
and/or judgment, could disrupt, Ascensia Management Inc., INC.'s business
operations.
Cancellation
Ascensia Management Inc. reserves the
right to cancel service(s) at any time. All fees paid in advance of
cancellation will be pro-rated and refunded by Ascensia Management Inc.
to customer if Ascensia Management Inc. initiates its right of
cancellation and customer is NOT in violation of these Terms and
Conditions. If cancellation is caused by customers and/or its client's
breach of the Terms and conditions, then customer agrees that no refund
is due. Customer understands that service(s) can be canceled at any
time effective the end of the contract.
Due to protection concerns, all account cancellations must be done
via our official electronic cancellation form. Notifications of
cancellation must be made 30 days prior to successive rebill period.
Ascensia Management Inc. reserves the right to deny, forfeit, or refuse
refunds at any time if necessary. Third party cancellations are not
accepted.
Upon termination, either by Ascensia Management Inc. or Customer,
for any reason, Customer is responsible for deleting his/her host
registrations from domain registrar(s) immediately. Customer further
agrees to pay Ascensia Management Inc. all reasonable administrative
costs if Ascensia Management Inc. must intervene in deregistering the
hosts.
Disclaimer
- Ascensia Management Inc. is not responsible for any damages your business may suffer.
- Ascensia Management Inc. does not make implied or written warranties for any of our services.
- Ascensia Management Inc. denies any warranty or merchantability for a
specific purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions
caused by Ascensia Management Inc..
- The
Customer will not use its network nor space provided by Ascensia
Management Inc. to violate any law. In the event Customer violates
existing law, Ascensia Management Inc. shall have the right to
terminate all service set forth in this Agreement. In the event
Ascensia Management Inc. is informed by government authorities of
inappropriate or illegal use of Ascensia Management Inc. facilities or
other networks accessed through Ascensia Management Inc., Ascensia
Management Inc. may terminate customer's service.
- Ascensia Management Inc. will cooperate fully with investigations of violation of systems or network security at other sites.
- Ascensia Management Inc. will cooperate with law enforcement authorities in the investigation of possible criminal violations.
- Customers who violate systems and/or network security, may incur in criminal or civil liability.
- Ascensia Management Inc. reserves the right to amend its policies at any
time. You will be held responsible for the actions of your clients in
the matter described on these Terms and conditions. Therefore, it is in
your best interest to implement a similar or stricter Terms and
conditions or otherwise called Acceptable Terms of use policy.
If you have any questions concerning the above stated terms and conditions then please email us at admin@webhanced.com.