Via Hosting Services ("ViaHostingServices.com"), is a provider of web hosting, electronic commerce, and e-mail solutions and other related services (collectively, the "Services"). The Services are provided through the servers, telecommunication connections and all related hardware, software, data storage and network interface connections and other such items, owned, operated or leased by Via Hosting Services and used in connection with the provision of the Services (the "System"). In these terms and conditions, "we", "us" or "our" means Via Hosting Services.
By accessing the System or using any of the Services, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Service or website, as all of the same may be modified by Via Hosting Services from time to time (collectively the "Terms and Conditions"). Please note that the Terms and Conditions may be updated from time to time without notice to you, so please check back periodically.
DDOMAIN NAME PARKING AND REGISTRATION
1. Your credit card will be billed by Via Hosting Services.
2. There is no charge for indefinite parking of domains on Via Hosting Services servers or to transfer to another service provider.
3. Domain parking does NOT include web space or hosting services. You are not provided with the option to submit your own DNS entries as we are NOT a Registrar and therefore assume that you wish to obtain your hosting services directly from Via Hosting Services.
4. If you have registered a domain name in accordance with these Terms and Conditions, hosting services will be available 24 hours after the initialization process begins. This includes DNS Support and web hosting support.
5. Domain name payments are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment will NOT be credited back.
6. In the event there is a misspelling of a domain name, while being registered online, you as the customer must register the correct spelling of that name. There are NO refunds issued for misspelled domain names.
DOMAIN NAME DISPUTES
1. You agree to be bound by the dispute policy which is incorporated herein and made a part of this Agreement ("Dispute Policy"). The current version of the Dispute Policy may be found here. Please take the time to familiarize yourself with this policy.
2. 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 used infringes the legal rights of a third party and that the domain name is not being registered for any unlawful purpose.
3. You acknowledge and agree that any third party may, for whatever reason, challenge the use of a domain name before an Administrative Domain Name Challenge Panel ("ACP") in accordance with the World Intellectual Property Organization ("WIPO") ACP rules. You further acknowledge and agree that the decisions of an ACP may determine your rights or other party's rights with respect to the use of a particular domain name and you agree to be bound by ACP decisions.
4. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of The Province of Ontario.
5. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the domain name.
6. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm. You also represent that you have provided notice of the Terms and Conditions to the third party and that the third party agrees to them.
7. The person named as administrative contact at the time the controlling user name and Password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of the Terms and Conditions. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the Terms and Condition, any such transfer will be null and void.
1. Microsoft Access is not designed for, nor recommended for use on busy websites. We can not guarantee performance for websites which make use of Microsoft Access databases. We recommend using MySQL or MS-SQL for increased performance and reliability.
1. EasyMail e-Mail Accounts are restricted to a maximum size of either 5MB or 50MBytes of space (depending on package type) on the EasyMail e-mail server. If this space is exceeded, this may result in e-mail being lost or your account being suspended or terminated.
2. EasyMail E-Mail Accounts are restricted to a maximum e-mail transfer of 20MB per Mail Server request. This is restricted by the Mail Server.
3. EasyMail Accounts are deleted in real time.
HEAVY USER SERVER
1. This server is available only upon approval by a senior Via Hosting Services officer.
1. Via Hosting Services claims no control whatsoever over the content of the information passing through the Via Hosting Services System. Via Hosting Services makes no warranties of any kind, whether expressed or implied, with respect to the System or the Services including without limitation the warranties of merchantability or fitness for a particular purpose.
2. Via Hosting Services will not be responsible for any damage you suffer. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by our own negligence or your errors or omissions.
3. Via Hosting Services’ System may only be used for lawful purposes. Transmission of any material in violation of any Federal, Provincial or local laws or regulations are prohibited. This includes, but is not limited to copyrighted material, material or material protected by trade secret.
4. Via Hosting Services has the right to refuse to host adult content and to remove it from its System at any time. Further, you are not permitted to distribute material promoting hatred against individuals or groups or any content, which may be deemed to be illegal according to the laws of your country of residence. We reserve the right to decline requests for web space rentals and to cancel any account at our discretion. You are also not permitted to distribute material promoting any form of network abuse (such as bulk spam mailers, sniffers, or hacking tools).
5. At Via Hosting Services' officer's discretion, access to Via Hosting Services System may be terminated or suspended at any time for breach of the Terms and Conditions or for abusive conduct on the system and/or the Internet and its resources as a whole. Sending spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account. Via Hosting Services and its officers are deemed as authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones.
6. You may not compile or install binary files other than the ones provided on the system. We do not make C compilers available for our web clients, and the PERL binaries provided will *not* have networking support (for example, socket.ph, ftp.pl, etc.).
7. You agree that our entire liability, and your exclusive remedy, with respect to any Services and any breach of the Terms and Conditions is solely limited to the amount you paid for such Services. We and our agents and contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services provided; (6) loss or liability resulting from the interruption of the Services. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.
8. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including lawyers fees, relating to or arising under the Terms and Conditions, the Services or your use of the Services, including without limitation infringement by you, or someone else using the Services with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Services. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, 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 the Terms and Conditions and may result in deactivation of your domain name.
9. Use of any information obtained via Via Hosting Services' System is at your own risk. Via Hosting Services specifically denies any responsibility for the accuracy or quality of information obtained through its Services.
10. Telnet and Shell Access is strictly prohibited.
11. You may use FTP to access your home directory for the purpose of installing and editing your web pages as often as necessary.
12. These Terms and Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted.
13. If the disk usage, transfer limit or number of email accounts of a hosted package is exceeded, the user's account will be charged for extra bandwidth, disk space and/or email accounts according to our present pricing policy. Warning messages will be emailed to users as they exceed 80% and 90% of their packages respective bandwidth and disk space limits. Annual accounts that incur extra usage charges will be invoiced separately. If payment for extra usage is not received within two weeks of the invoice date, the expiry date of the account will be adjusted according to the amount outstanding.
14. Without prior notification, Via Hosting Services reserves the right to suspend or terminate accounts, remove or modify any files which are deemed to be a threat to the functionality or existence of Via Hosting Services' System.
15. Cancellations will NOT generate ANY refund.
16. If your account generates unusually high web traffic, we may require the site to be placed on a designated server resulting in additional cost to you. We reserve the right to make this determination at our sole discretion.
1. INFORMATION COLLECTED
We only collect personal information about you when you specifically and knowingly provide it on our website or to our customer service representatives via telephone. If you request information or purchase domain name, email webhosting or other services (the "Services") you will be asked to provide personal information. This information may include your:
• telephone and fax numbers
• email address
• password, and
• credit card information
2. USE OF YOUR INFORMATION
ViaHosting only collects and uses your information for the following purposes:
• To establish and maintain a responsible commercial relationship with you and to provide ongoing service. For example, when you purchase Services, we collect information that allows us to confirm your identity and credit history so that we can accurately bill and collect payment for the Services
• To understand your needs and preferences. For example, we maintain a record of the products and services you receive from us, and we may ask for additional information so that we can serve you better
• To develop, enhance, market or provide products and services. For example, we analyze how our customers use our products and services, so that we can understand how to improve them. From time to time, we may review and analyze your use of our products and services to help us provide better product recommendations and special offers that we think will interest you
• To manage and develop our business and operations. For example, we analyze customer usage of our networks and facilities to help us manage them efficiently and plan for future growth
• To meet legal and regulatory requirements. For example, we may collect information in response to a court order
3. DISCLOSURE OF YOUR INFORMATION
There are a variety of circumstances where we may need to disclose some personal information about you. Here are some examples: We may disclose your personal information to:
• a person who, in the reasonable judgment of ViaHosting, is seeking the information as your agent. For example, we may provide information about your account to your legal representative if we are satisfied that that individual is requesting the information on your behalf
• ViaHosting's parent companies or subsidiaries to help us serve you better and provide you with services
• a company involved in supplying or selling services to you
• a company or individual employed by ViaHosting to perform functions on our behalf, such as research or data processing
• an agent used by ViaHosting to evaluate your credit worthiness or to collect your account
• a credit reporting agency
• a public authority, agent of a public authority or law enforcement agency
ANY DISCLOSURE OF YOUR PERSONAL INFORMATION TO A THIRD PARTY IS CONFIDENTIAL AND THE INFORMATION SHALL BE USED ONLY FOR THE PURPOSE FOR WHICH IT WAS DISCLOSED.
4. RETENTION OF YOUR INFORMATION
The account or membership information you provide when registering with us is stored in our secure databases as long as you are a customer of ViaHosting. You must notify ViaHosting if you no longer want your information to be retained by us. If you contact us with a question or comment, any information identifying you is only kept long enough for us to provide you with a response, unless we are required to keep it for a longer period of time.
Please note that it may be impossible to delete your information completely without some residual information remaining in our databases.
5. PROTECTION OF YOUR INFORMATION
In order to protect your personal information and your right to privacy, ViaHosting:
• a uses a Secure Socket Layer (SSL) Server Certificate
• uses servers that are protected by firewalls, which are frequently updated to enhance security
• protects the confidentiality of your personal information when dealing with other companies
• strives to keep your personal information as accurate and up-to-date as is necessary for the purposes identified above
• uses other appropriate security safeguards with respect to its databases, computer networks and systems, and
• will honour any request you may make for access to your personal information
6. ACCURACY OF THE INFORMATION AND YOUR ACCESS TO IT
ViaHosting relies on the accuracy of the information provided by you, but accepts responsibility for the management and confidentiality of the personal information it collects. Please contact our Information Administrator at email@example.com to:
• change or confirm your personal information
• have your information removed from our databases, or
• speak to someone about ViaHosting's information-handling practices
At ViaHostingServices and its officer's discretion we reserve the right to revoked web hosting services at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Sending spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account.
ViaHostingServices and its officers are deemed as authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones.
It is well known that spamming (sending junk email) generates a very negative response from most of its recipients. Since it is in everyone's best interest to avoid this, we enforce a strict Anti-Spamming Policy. Sending spam from your domain will result in the termination of your account. Our policy also includes unsolicited email that directly relates to your domain but is sent from another source.
If you are intending to use these tactics for your domain, don't waste your time here, go somewhere else. If you are experiencing abuse regarding a domain that appears to be hosted here, please email firstname.lastname@example.org. We are unable to personally answer each complaint, however we investigate all of them and shut down offenders immediately.
Acceptable Use Policy
PLEASE READ CAREFULLY BEFORE USING OUR SERVICES. THIS ACCEPTABLE USE POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND ViaHostingWebServices. ("ViaHosting", "WE" OR "US") a provider of retail web hosting, e-mail, electronic commerce, and domain name services (“Services”).
1. YOU AGREE TO REFRAIN FROM THE FOLLOWING EXAMPLES OF PROHIBITED CONDUCT;
2. IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO ViaHosting THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND
3. IF YOU DO NOT AGREE TO ABIDE BY THIS POLICY PLEASE DO NOT USE OUR SERVICES.
B. PROHIBITED CONDUCT
You will violate this Policy if you engage in the following examples of prohibited activities while using our Services:
I. Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”)
II. Maintaining an open SMTP relay
2. Facilitating a Violation of this Policy
I. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software
3. Infringing Intellectual Property Rights
I. Engaging in any activity that:
I. infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities
II. violates privacy, publicity, or other personal rights of others
4. Obscene Speech or Materials
• Using ViaHosting to advertise, transmit, store, post, display, or otherwise make available child pornography or other forms of pornography or obscene speech or material. ViaHosting shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through ViaHosting
5. Promoting Violence or Injury
• Advocating, promoting or providing assistance in carrying out violence or any other unlawful activity against any persons, animals or any governments, businesses or other entities
I. Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances II. Promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property
6. Defamatory or Abusive Language
• Using ViaHosting’ Services as a means to transmit or post defamatory, harassing, abusive, or threatening language
7. Forging of Headers
• Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message
8. Illegal or Unauthorized Access to Other Computers or Networks
• Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking")
I. Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity)
9. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
• Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks
I. Engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment
10. Export Control Violations
• Exporting encryption software over the Internet or otherwise, to points outside Canada or the United States
11. Illegal Activities
• Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, phishing scams, fraudulently charging credit cards, and pirating software
• Engaging in or promoting gambling
13. Promoting Intoxicants
• Illegally displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance
14. Instructing others in Prohibited Activities
• Providing instructions with respect to any activities listed in (a) through (n) above
15. Other Activities
• Engaging in any other activity, whether lawful or unlawful, that ViaHosting in its sole discretion determines to be harmful to customers, operations, reputation, goodwill, or customer relations.
C. FAILURE TO ABIDE BY THIS ACCEPTABLE USE POLICY
ViaHosting reserves the right in its sole and absolute discretion to restrict or remove from its servers any content that it deems to be in violation of this Acceptable Use Policy or any laws. ViaHosting may immediately take action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service(s), (c) restricting or prohibiting any and all uses of content hosted on ViaHosting' systems, and/or (d) disabling or removing: any hypertext links to third-party web sites, any of your content distributed or made available for distribution via the Services, or (iii) other content not supplied by ViaHosting. It is ViaHosting' policy to terminate Services to infringers. The above stated rights of action, however, do not obligate ViaHosting to monitor or exert editorial control over the information made available for distribution via the Services and you acknowledge that ViaHosting has no obligation to censor or monitor use of the Services by you, or any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. In the event ViaHosting takes action due to such possible violation, ViaHosting shall not be obligated to refund to you any fees paid in advance of such action.
Service Level Agreement
1. SERVICE UPTIME.
ViaHostingServices target uptime for the Service is 99.9% of the time in every calendar month and ViaHostingServices provides you with a 99.7% Critical Services Uptime Guarantee as defined below. If ViaHostingServices fails to meet the 99.7% Critical Services Uptime Guarantee you will be entitled to receive a credit in accordance with the Credit Table below if: (a) you apply for the credit within sixty (60) days of the last day of the month in which the 99.7% Critical Services Uptime Guarantee was not met, and (b) more than 20% of ViaHostingServices customers are affected. Such credits may be deducted from amounts otherwise payable by you to ViaHostingServices hereunder. In the event there is a dispute regarding credits, ViaHostingServices reserves the right to make the final decision about whether credits will be provided to you. If the availability for any three (3) month period is less than 98.00%, you will have the right to terminate your Services Agreement with ViaHostingServices.
1. “99.7% Critical Services Uptime Guarantee” means that ViaHostingServices guarantees that Down Time with respect to the Critical Services shall not exceed 0.3% of the time during a rolling two (2) month period (computed by reference to a 31 day month)
2. “Critical Services” means the email services, web hosting services, DNS services, and the ViaHostingServices network to the extent that such services do not include Closed Source Applications, as defined in Section 4.
3. “Down Time” means periods of time that the Critical Services are not functional and available to ViaHostingServices customers and does not include any period of time during which services are not functional or available as a result of:
1. maintenance, scheduled or otherwise, performed by ViaHostingServices;
2. third party intrusions, including without limitation denial of service or similar attacks;
4. errors or non-performance of third-party software, including without limitation, Microsoft Access, .asp, .jsp, Cold Fusion or Miva Merchant; or
5. any event that is not within ViaHostingServices’ control.
|Availability||% Monthly Service Credit|
|99.40 - 99.70||10%|
|99.00 - 99.40||20%|
|98.00 - 99.00||30%|
|97.00 - 98.00||40%|
|96.00 - 97.00||50%|
|95.00 - 96.00||60%|
2. WEB HOSTING.
ViaHostingServices will use commercially reasonable efforts to ensure that your web site is available online, twenty-four (24) hours following receipt of payment from you for services.
3. MAINTENANCE SERVICES.
ViaHostingServices will provide system maintenance as long as this SLA has not been terminated or amended. Maintenance is performed at times which least impact ViaHostingServices’ customers based on minimal overall activity on the ViaHostingServices systems. Notwithstanding the foregoing, ViaHostingServices reserves the right, in its reasonable discretion, to perform any emergency work at any time.
4. CLOSED SOURCE PLATFORM APPLICATIONS.
ColdFusion, ColdFusion MX, ASP, ASP.NET, JSP, and Miva Merchant applications are hosted on a closed source platform (“Closed Source Applications”).
5. PRIVATE LABEL DNS.
Private label DNS (domain name servers) require 3 DNS entries, the third of which is ViaHostingServices' generic DNS.
6. ACCESS DATABASES.
Microsoft Access databases are not designed for, nor recommended for use on web sites which receive high volumes of Internet traffic. ViaHostingServices does not guarantee the performance of web sites which make use of Microsoft Access databases.
7. EASYMALL/MAIING LISTS
1. EasyMail E-Mail Accounts are restricted to a maximum size of 50MB. If you exceed this limit we may suspend or terminate your account and your email messages may be lost.
2. EasyMail E-Mail Accounts’ e-mail transfer limit is a maximum of 20MB for each separate request by the mail server.
1. Your credit card will be billed by ViaHostingServices.com.
2. There is no charge for indefinite parking of domains on ViaHostingServices.com servers or to transfer to another service provider.
3. Domain Parking does NOT include Web Space or Virtual Hosting. You are not provided with the option to submit your own DNS entries, as we are NOT a Registrar.
4. Domain name payments are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment will NOT be credited back.
5. In the event there is a misspelling of a domain name, while being registered online, you as the customer must register the correct spelling of that name. There are NO refunds issued for misspelled domain names.
1. ViaHostingServices.com claims no control whatsoever over the content of the information passing through the ViaHostingServices.com WEB SYSTEM. ViaHostingServices.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. ViaHostingServices.com also disclaims any warranty of merchantability or fitness for a particular purpose.
2. At ViaHostingServices.com and its officers' discretion, access to ViaHostingServices.com's services may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Sending spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account. ViaHostingServices.com and its officers are deemed as sufficient authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones.
3. You agree to indemnify and hold harmless ViaHostingServices.com from any claims resulting from your use of the service which damages you or another party.
4. Use of any information obtained via ViaHostingServices.com's WEB HOSTING SYSTEM is at your own risk. ViaHostingServices.com specifically denies any responsibility for the accuracy or quality of information obtained through its services.
5. These Terms and Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted.
6. ViaHostingServices.com reserves the right to suspend without prior notification, accounts which are deemed to be a threat to the functionality or existence of ViaHostingServices.com's WEB HOSTING SYSTEM.
7. Cancellations will NOT generate ANY refund.
8. Use of ViaHostingServices.com's WEB SYSTEM constitutes acceptance of these Terms and Conditions.
TERMS - DOMAIN NAME REGISTRATION, ADMINISTRATION SERVICES AGREEMENT
1. Generic Top Level Domain Registrations
HTML and its officers are deemed as authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones. Registrar is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for various generic top-level domain names including .com, .net, .org, .biz, .info, .pro, and .name ("gTLDs"). You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all gTLD domain name registrations or renewals. (Click here for a current copy of the UDRP.) Additional terms and conditions apply to the registration, administration and renewal of certain gTLDs and such terms and conditions can be accessed by clicking here.
2. Country Code Top Level Domain Registration and Administration
In addition to registering and renewing gTLD domain name registratons, Registrar also registers and renews various country code top level domains ("ccTLDs"). The registry administrator for each ccTLD varies by individual country code. 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 these registry administrators for their respective registries only. (Click here for the terms and conditions of each available ccTLD.) Registrar may, in its sole discretion, elect to discontinue offering registrations or renewals of some or all ccTLDs.
3. No Guarantee of Registration or Renewal
As a domain name registrar, Registrar is, upon accepting your application to register or renew a domain name, your sponsor for that application. No domain name registrations shall be deemed effective unless and until we deliver the domain name registration or renewal application you provide us to the appropriate registry administrator, as applicable, and that registry administrator accepts your application and activates your domain name registration or renewal. You will be entitled to a refund only if your registration is unsuccessful.
4. You acknowledge and agree that Registrar does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available, or you are able to complete an order with respect to such name. You also understand that Registrar cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that Registrar is not responsible for any inaccuracies or errors in the domain name registration or renewal process. You are solely responsible for making sure that your registration or renewal has been properly processed. You further acknowledge and agree that Registrar may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that Registrar is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.
5. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate, and your contact information will be kept current; (b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not use the domain name in violation of any applicable laws or regulations or Registrar's rules or policies. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights.
6. Domain Name Registrant
Registrar considers the entity named as the registrant contact for the domain name to be the registrant of that domain name and the entity authorized to transfer the domain name. Further, the billing contact is your agent with authority to act on your behalf with respect to the domain name registration or any other services obtained from Registrar, including (but not limited to) the authority to terminate, renew, or modify such services, or obtain additional services. IF A REGISTRANT TRANSFERS A DOMAIN NAME TO ANOTHER REGISTRAR OR TO A NEW REGISTRANT, THE SERVICES ASSOCIATED WITH THAT DOMAIN NAME MAY TERMINATE FOLLOWING THE TRANSFER.
7. Transfer of Registrar
Your domain name may be automatically set to prevent a transfer to another Registrar by means of a registrar lock on your domain. By having a lock status on your domain, you are providing express objection to any and all transfer requests issued from another Registrar. Should you choose to transfer to another Registrar, you must contact your Service Provider and remove the lock prior to our receipt of the transfer request from the gaining Registrar. If you are not sure whether your domain name is on lock status or if you need assistance in un-locking the domain, click here for customer support.
8. Parking Page
Certain domain names registered through Registrar are pointed to a parking page. The parking page may be modified at any time by Registrar or your Service Provider without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by Registrar or its resellers, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. If for any reason you do not wish to have the domain name you have registered pointed to a parking page, please email dns@ViaHostingServices.com.
TERMS - TRANSFER AGREEMENT
This Transfer Agreement ("Agreement") sets forth the terms and conditions under which you, the domain name holder, may transfer your domain name registration to ViaHostingServices.com ("Registrar") You acknowledge and agree that you have read and agree to the terms and conditions of this Agreement, Registrar's Services Agreement, the accompanying dispute policy, and any rules or policies that are or may be published by Registrar from time to time. Please note that this Agreement will become effective when accepted by Registrar. Registrar may elect to accept or reject your application for any reason at its sole discretion. If your transfer request is accepted, and your domain name registration is transferred to Registrar, the Services Agreement and Dispute Policy will apply to your domain name registration.
1. Terms of Transfer
When you transfer your domain name registration to Registrar you will be required to extend your existing registration for one year from the date your existing registration is set to expire, provided that the total unexpired term of a registration does not exceed ten (10) years. This additional year applies regardless of the period remaining on your current registration. You will not lose any of the time remaining on your current registration. Once the transfer has been authorized and processed, Registrar shall immediately become the registrar of record.
2. Initiation of Transfer
Only the authoritative holder of the domain name registration may initiate a request to transfer that domain name registration from another registrar to Registrar. You hereby represent that you have the full and complete authority as the holder of the domain name registration to initiate this transfer. Registrar, at its sole discretion, may require you to provide documentation that proves that you are the authoritative domain name holder and that you have initiated this transfer request. The request to transfer a domain name registration from one registrar to another may be denied (a) during the first 60 days after initial registration of the domain name with the original registrar, (b) in accordance with circumstances described in the Domain Name Dispute Policy, (c) if there is a pending bankruptcy of the domain name holder, (d) if there is a dispute over the identity of the domain name holder, (e) by operation of law or (f) at the discretion of the then current registrar.
As consideration for the transfer of the domain name registered in your name to Registrar, you agree to pay Registrar, upon submission of your registrar transfer application to Registrar, the then-current fees set forth for such services. Registrar reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your registrar transfer request will not be processed unless we receive actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from some other entity (such reasonable assurance as determined by Registrar in its sole discretion). In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registrar transfer fee, you acknowledge and agree that the registration shall be transferred to Registrar as the entity that has paid the registrar transfer fee for that registration to the applicable registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registrar transfer fee and our then-current reinstatement fee.
4. Limitation of LiabilityFees
YOU AGREE THAT REGISTRAR WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) INTERRUPTION OF BUSINESS, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (d) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (e) EVENTS BEYOND REGISTRAR'S REASONABLE CONTROL, OR (f) THE PROCESSING OF THE TRANSFER OF THE DOMAIN NAME REGISTERED IN YOUR NAME TO REGISTRAR. REGISTRAR ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTRAR'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
5. Indemnification of Registrar
You agree to defend, indemnify and hold harmless Registrar for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to breach of your representations and warranties hereunder or the transfer of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Services Agreement or Dispute Policy.
6. Representations and Warranties
You represent and warrant that all information provided by you in connection with the transfer of the domain name you are seeking to transfer is accurate and current. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE TRANSFER OF THE DOMAIN NAME YOU ARE SEEKING TO TRANSFER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
7. Governing Law
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of New York, as if the Agreement was a contract wholly entered into and wholly performed within the State of New York. Any action to enforce this Agreement or any matter relating to your use of the Registrar site shall be brought exclusively in the United States District Court for the Southern District of New York, or if there is no jurisdiction in such court, then in a state court in New York County.
You agree and acknowledge that any acceptance of your application to transfer the domain name registered in your name and the performance thereof will occur at our offices in Fort Lauderdale, Florida, the location of our principal place of business. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
The failure of Registrar to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Registrar of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Registrar will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Registrar as reflected in the original provision.