This Web and Email Hosting agreement is between Host Reseller Group LLC a company organized under the laws of the United States of America and having its principal place of business at 33 Howard Street, Ste. 50 New York, NY 10013, ("Host Reseller Group"), which owns and operates GotoNames.com and each customer, its heirs, agents, successors and assigns (collectively termed as "Customer", "You" or "Your"). This Agreement contains the terms governing Your use of Host Reseller Group’ services and explains Host Reseller Group' obligations to You and Your obligations to Host Reseller Group in connection with Your use of GotoNames.com Web and Email hosting services. By completing the registration process you are acknowledging that You have read, understood and agree to be bound by the terms and conditions contained herein, along with modifications and additions thereto or any new or additional policies, including Host Reseller Group' Universal Customer Agreement., which is incorporated herein and made a part of this Agreement by this reference (this Web and Email Hosting agreement and the Universal Customer Agreement are collectively referred to herein as the "Agreement").
Additionally, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You have established with Host Reseller Group, whether or not the transactions were entered into on Your behalf.
“Registrant" includes the person applying for a domain name or any party acting on their behalf.
"Registry" means the relevant domain names Registry.
"Service" or "Services" means domain name registration, website hosting, email and any other service or facility provided by Host Reseller Group to the Customer.
"Server" means the computer server equipment operated by Host Reseller Group in connection with the provision of the Services.
"Website" means the area on the Server allocated by Host Reseller Group to the Customer for use by the Customer as a site on the Internet.
"Fees" or "Charges" means the charges as agreed to on the Order Form (where completed) and Host Reseller Group latest published prices for products and services requested or incurred by you.
“Bandwidth" means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract.
"Data Transfer" means all traffic that passes through the Website including specifically but not exclusively web traffic, email, FTP transfers and any shell session data.
You represent and warrant that you will use the Website only for lawful purposes. Further, You represent and warrant that you will not (i) use any Website for the storage and/or display of the following materials, including but not limited to uploading to web sites, or transmitting by any material (by email, uploading, posting or otherwise), and/or (ii) post, link to or transmit the following materials:
Adult Content: We prohibit any and all pornographic web sites and/or content from residing on our servers as well as linking sites residing on our servers to pornographic sites and the advertising of pornographic advertisements on any sites residing on our servers.
Illegal and/or Indecent use: Services may not be used for illegal purposes, or in support of illegal activities, including but not limited to storing, displaying, posting, linking to or transmitting material that is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
Copyright or trademark infringement: Use of the Services to transmit any material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Distribution of Viruses, Spyware, and Malware: Distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Distribution of software that monitors computer or computer user activity without the computer user's knowledge and consent is prohibited.
You understand and agree that Host Reseller Group may cancel, modify, suspend or transfer Your Website, Web and/or Email Hosting in the event (i) You violate the terms of this Agreement; (ii) Host Reseller Group, in its sole discretion, believes You are in breach of any of Your representations and/or warranties; or, (iii) Host Reseller Group believes, in its sole discretion, that cancellation, modifications, suspension and/or transfer of Your Website, Web and/or Email Hosting is necessary to comport with any law.
The Customer assumes sole responsibility for obtaining any and all necessary licenses, consents, authorizations and approvals (collectively “Authorization(s)”) to enable it to lawfully use any and all content that is stored, displayed, posted, linked to or transmitted on or from any Website, including without limitation, Authorization for any domain name or other material stored, displayed, posted, linked to or transmitted on or from any Website.
All information and data stored on any server by the Customer or its agents is the property of the Customer. Host Reseller Group claims no ownership and assumes no responsibility whatsoever over, in or in respect of, any Customer information or data.
The Customer agrees that Host Reseller Group may inspect Customer information and data at any time and for any reason.
Host Reseller Group makes no representations or warranties as to the accuracy or quality of information received by any person via the Server and disclaims any liability for any loss of or damage to any data stored on the Server. We may provide a backup service for your Website, however, we do not accept responsibility for any failure of our backup mechanism. We may agree to restore a backup of your site that you or we have made, however we may charge a fee for doing so. We may at our sole discretion waive this fee. You understand and agree that You are solely responsible for maintaining adequate backups of your content.
It is Your sole responsibility to safeguard against any loss of or damage to data stored on the Server and/or any loss or damage to You as a result of Your failure to undertake such safeguards.
You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
You will not employ programs that consume excessive system resources, including but not limited to processor cycles and memory. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run, etc) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients, proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run on any Host Reseller Group Web Hosting server. If your processes are adversely affecting server performance disproportionately Host Reseller Group reserves the right to negotiate additional charges with You and/or discontinue the offending processes.
We reserve the right to remove any material that we deem inappropriate from your Website without notice.
You represent and warrant that all electronic mail sent using \Host Reseller Group Web and/or Email Hosting will comply with applicable rules and regulations pertaining to the sending of electronic mail.
You agree to observe the procedures that Host Reseller Group may from time to time prescribe and shall not use the Website in any way that harms other Host Reseller Group customers or members of the public generally.
In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
Any access to other networks connected to Host Reseller Group must comply with the rules appropriate for those other networks.
Host Reseller Group uses its best efforts to ensure the integrity and security of the Server, however, we do not guarantee that the Server will be free from unauthorized users or hackers or from corruption by virus and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or damage to date or operations.
You are restricted to the data storage, number of domain names, and bandwidth quota applicable to the web hosting package you have registered for. Additional storage and bandwidth usage will be charged at current published prices.
Host Reseller Group reserves the right to restrict the numbers of electronic mails You can send from your account without notice.
You acknowledge and agree that, in addition to other events set forth in this Agreement, the Services extended to you by Host Reseller Group are subject to cancellation, modification, suspension or transfer of ownership (a) to correct mistakes by Host Reseller Group in administering the Services; (b) in the event of any breach of this Agreement and/or in case Host Reseller Group learns of a possibility of breach or violation of this Agreement which Host Reseller Group in its sole discretion determines; (c) for the resolution of disputes concerning the Services; (d) in order to recovery any payment from Your for any service rendered by Host Reseller Group including service rendered outside the scope of this Agreement; (e) or incase of termination of this agreement; (f) if Host Reseller Group learns of any event which it reasonably determines would lead to termination of this Agreement or would constitute as breach thereof; (g) to protect the integrity and stability of Host Reseller Group Services; (f) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process; (h) in accordance/compliance with any agreements executed by Host Reseller Group; (i) to avoid any liability, civil or criminal, on the part of Host Reseller Group, as well as its affiliates, subsidiaries, officers, directors and employees; (j) if You and/or Your agents or any other authorized representatives violate any applicable laws/government rules, including but not limited to, intellectual property, copyright, patent, anti-spam; (k) Host Reseller Group learns of the possibility of any such violation or upon appropriate authorization (what constitutes appropriate authorization is at the sole discretion of Host Reseller Group) from You or Your authorized representatives: (l) if Host Reseller Group, in its sole discretion determines that Your use of the Services do not comply with any applicable terms and conditions, standards, policies, procedures, and practices imposed by Host Reseller Group or for any appropriate reason. Host Reseller Group also reserve the right to freeze Your Services during resolution of a dispute. You agree that Host Reseller Group, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Host Reseller Group are not liable for loss or damages that may result from any of the above.
You agree that you will not sell, transfer, license, assign or otherwise create any legal or equitable rights or interests in your Host Reseller Group account to any third party.
Upon breach of this Service and/or Service Availability clause, Host Reseller Group shall have the right to cancel the account, terminate the Services and/or this Agreement immediately without further notice to the Customer. Upon such an event, all monies owed by the Customer to Host Reseller Group shall immediately become due and owing.
Host Reseller Group will use its best efforts to provide reliable Service; however, Host Reseller Group makes no guarantees as to the quality of any Service. In the event of a fault in Service, you must report the fault by email to Host Reseller Group Customer/Technical Support at the addresses or other such numbers or addresses that Host Reseller Group may from time to time provide. Upon receipt of the fault report, Host Reseller Group will take all proper steps without undue delay to correct the fault. Host Reseller Group shall not, in any event, be liable for interruptions of Service or downtime of a Server.
Host Reseller Group will use its best efforts to adhere to any dates proposed by either Host Reseller Group or you for the provision of Service; however any such date is to be treated as an estimate only and Host Reseller Group accepts no liability for failure to meet any such dates or deadlines.
YOU AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, LIME LABS MAY:
This Fees and Payments clause will be in force for the duration of the service and includes as incorporated by this reference, clauses set forth in the Universal Customer Agreement under section 3, "Fees and Payments"
By default, Host Reseller Group will automatically renew, for a period of one year, any web and/or email hosting service purchased by You and that is up for renewal and will charge Your account at Host Reseller Group' then current rates. The amount paid for renewal will be non-refundable. If You do not want Your web and/or email hosting to be automatically renewed, you must affirmatively opt-out in your My Accounts section. If you opt-out, you are solely responsible for ensuring the renewal of Your domain name. Notwithstanding the automatic renewal policy, Host Reseller Group shall have no liability to you or to any third party in connection with the renewal including, but not limited to, any failure or errors in renewing the web and/or email hosting. Further, Host Reseller Group will not be responsible for cancelled or expired services that You fail to renew, either automatically or manually. It is Your responsibility to log into Your account manager and manually implement and/or ensure the renewal on or before the expiration date. In this case, if You fail to manually implement and/or ensure the renewal on or before the expiration date the web and/or email hosting will be cancelled and You will no longer have the right to use that domain name.
If you choose to opt-out of the automatic renewal, payment must be made by You and is due each anniversary month, quarter, half-year or year following the date the Services were established until closure notice is given.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
If an account goes unpaid for at least ten days, Host Reseller Group reserves the right to immediately disable public access and to suspend all other work until payment of all outstanding charges and interest is made. Such removal or withholding does not relieve the Client of his or her obligation to pay any outstanding Charges and interest. A $20.00 charge will be applied upon account reactivation to cover administration costs. In addition you will be liable and agree to indemnify, pay and/or reimburse Host Reseller Group for any and all costs and expenses incurred by Host Reseller Group as a result of any steps, actions or proceedings made or brought against you by Host Reseller Group to obtain payment of outstanding Charges and interest.
Once an account has a suspended status, Access to files, databases and other content is explicitly denied. All files, databases and other content including the account itself is permanently deleted after ten days of account suspension.
Should access to files, databases and other content be required before they are deleted, account reactivation will be required.
If the bandwidth or speed of Service and/or disk storage used by you exceeds agreed quotas in a one month minimum period an excess charge will be payable by you at current published prices.
Trial Period for Hosting Services
If you register for a Web Hosting or other Services that provide a free trial period, you will be allowed a limited number of days during which time you can use the Service free of charge with the ability to cancel the service prior to midnight of the last day of the Trial Period without obligation to maintain and/or pay for your subscription (the "Trial Period"). Only one Trial Period is permitted per person or company. Trial Periods are limited to new users to the Service. The Trial Period will begin the day you register for the service and expire at midnight upon the last day of the number of days indicated in the Trial Period offer concerned (the "Expiration Time"). Please refer to the registration information provided on the site and/or during your registration for the Service for the specific duration of your Trial Period. For confirmation of the time remaining before the Expiration Time, please go to your account, located at http://www.gotonames.com/account/general_information. If you terminate your registration with the Service prior to the Expiration Time of the Trial Period, you will not have any further obligation to the Service. If you do not terminate or otherwise take affirmative steps to cancel your subscription to the Service by the Expiration Time of the Trial Period, you will be automatically subscribed to the Service on an automatically renewing month-to-month basis and your Payment Method charge based at the rate for one month of the service level you selected at the time of registration. PLEASE NOTE: In order to verify your credit card, a hold may be placed on the credit card you provided in the amount of the fee applicable to the service you selected during registration. If you do not cancel the applicable Trial Period by the Expiration Time, the amount held will be charged to your credit card and payment will issue to Host Reseller Group. If you elect to terminate your registration to the service prior to the Expiration Time, your credit card will NOT be charged and the hold on your credit card will be removed within 14 days.
"30-Day Money Back Guarantee" offer is only available to shared web hosting products and only if so specified. Dedicated server payments are non-refundable. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. See domain registration Agreement for more information.
Request for cancellation should be sent within 30 days from the date of purchase of the hosting plan, both dates inclusive.
In the event of cancellation of the hosting plan under the "30-Day Money Back Guarantee" the value of any discount given at purchase or registration (e.g., "free domain registration") will be subtracted (at the listed price) before paying out the refund.
You will not be eligible for a refund in case you try to create the same account again or try to host the same domain name after having cancelled once.
Request for cancellation can be made using your Manage Account Section or can be sent via email to GotoNames Support or via creating a support ticket at http://gotonames.com/helpdesk/.
You will receive a confirmation upon the cancellation of your account. Accounts cancelled or terminated by us for violating the usage policy do not qualify for the 30-day money back guarantee.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.