These Terms of Service (the “Agreement”) are an agreement between you (“User” or
“Customer” or “Client” or “you” or “your”) and eWallHost Web
Services Private Limited, an Indian corporation. For all customers outside of India, “Company”,
”we”, “us” or “our” shall refer to eWallHost Web Services Private
This Agreement sets forth the general terms and conditions of your use of the products and services made
available by us and on our website (collectively, the “Services”).
Use of the Services is also governed by the following policies, which are incorporated into this Agreement by
reference. By using the Services, you also agree to the terms of the following policies.
Eligibility, Registration and Account Security
By registering for or using the Services, you represent and warrant that:
It is your responsibility to provide accurate, current, and complete information on the registration forms,
including an email address that is different from the domain you are signing up under. If there is ever an
abuse issue or we need to contact you, we will use the primary email address we have on file. It is your
responsibility to ensure that the contact information for your account, including any domain accounts is
accurate, correct and complete at all times. We are not responsible for any lapse in the Services, including
without limitation, any lapsed domain registrations due to outdated contact information being associated
with the domain. If you need to verify or change your contact information, please contact our sales team via
email or update your contact information through our billing and support system. Providing false contact
information of any kind may result in the termination of your account. For dedicated server purchases or in
certain other cases, you may be required to provide government issued identification and possibly a scan of
the credit card used for verification purposes. Failure to provide the information requested may result in
your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through
your account. It is your responsibility to maintain the confidentiality of your password and other
information related to the security of your account.
Except for User
Content (as defined below), all content available through the Services, including designs, text, graphics,
images, video, information, software, audio and other files, and their selection and arrangement, and all
software used to provide the Services (collectively, “Company Content”), are the proprietary
property of the Company or the Company’s licensors. Company Content may not be modified, copied,
distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or
exploited for any purpose in any form or by any means, in whole or in part, other than as expressly
permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble
or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of
Company Content, other than as specifically authorized herein, is prohibited and will automatically
terminate your rights to use the Services and any Company Content. All rights to use Company Contents that
are not expressly granted in this Agreement are reserved by the Company and the Company’s licensors.
You may upload,
store, publish, display, and distribute information, text, photos, videos and other content for your website
on or through the Services (collectively, “User/Customer Content”). User/Customer Content
includes any content posted by you or by users of any of your websites hosted through the Services
(“User/Customer Websites”). You are solely responsible for any and all User Content and any
transactions or other activities conducted on or through User Websites. By posting or distributing User
Content on or through the Services, you represent and warrant to us that
Solely for purposes of providing the Services, you hereby grant to the Company a non-exclusive, royalty-free,
worldwide right and license to:
We exercise no control over, and accept no responsibility for, User Content or the content of any information
passing through our computers, network hubs and points of presence or the internet. We do not monitor User
Content. However, you acknowledge and agree that we may, but are not obligated to, immediately take any
corrective action in our sole discretion, including without limitation removal of all or a portion of the
User Content or User Websites, and suspend or terminate any and all Services without refund if you violate
the terms of this agreement. You hereby agree that the Company shall have no liability due to any corrective
action that we may take.
PCI (Payment Card Industry Security) Standard Disclaimer
We comply with the
Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and
processing of your data and billing information. However, you are solely responsible for the security
of the data and billing information you collect on your User Website. We do not monitor User Websites
for compliance and therefore we are not able to verify whether any User Website complies with the PCI
Certain Services; 4xx/5xx Error Pages
4xx – All
the http error pages, http error code starting with “4”
5xx – All
the http error pages, http error code starting with “5”
In the event you
fail to configure an error page, a default error page will be configured by the Company to appear in the
event an Internet user enters a URL related to your domain but for which no file is associated. By not
configuring an error page, you hereby consent to and authorize the Company’s placement of a default
error page and its associated content on your website. The Company’s error page may contain
advertisements and other materials selected by the Company in the Company’s sole discretion. This may
include, but is not limited to, third-party websites, third-party product and service offerings, and/or
Internet search engines. You may change the error page configuration at any time. The Company reserves the
right to collect and retain all revenue obtained from such advertising and other materials.
3rd Products and Services
3rd Party Providers
We may offer certain third party products and
services. Such products and services may be subject to the terms and conditions of the third party provider.
Discounts, promotions and special third party offers may be subject to additional restrictions and
limitations by the third party provider. You should confirm the terms of any purchase and the use of goods
or services with the specific third party provider with whom you are dealing. Please refer to Appendix A to
obtain links to the terms and conditions of certain third party providers.
The Company does not make any representations or warranties regarding, and is not liable for, the quality,
availability, or timeliness of goods or services provided by a third party provider. You undertake all
transactions with these third party providers at your own risk. We do not warrant the accuracy or
completeness of any information regarding third party providers. The Company is not an agent,
representative, trustee or fiduciary of you or the third party provider in any transaction.
The Company as Reseller or Sub-Licensor
The Company as Reseller or Sub-Licensor We may act as
a reseller or Sub-Licensor of certain third party services, hardware, software and equipment used in
connection with the Services (“Resold Products”). We shall not be responsible for any changes in
the Services that cause any Resold Products to become obsolete, require modification or alteration, or
otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Resold
Products, either sold, sublicensed or provided by us to you will not be deemed a breach of the
Company’s obligations under this Agreement. Any rights or remedies you may have regarding the
ownership, licensing, performance or compliance of any Resold Products are limited to those rights extended
to you by the manufacturer of such Resold Product. You are entitled to use any Resold Product supplied
by us only in connection with your use of the Services as permitted under this Agreement. You shall make no
attempt to copy, alter, reverse engineer, or tamper with such Resold Product or to use it other than in
connection with the Services. You shall not resell, transfer, export or re-export any Resold Product, or any
technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party/External Websites
The Services may contain links to other websites that
are not owned or controlled by us (“Third Party Sites”), as well as articles, photographs, text,
graphics, pictures, designs, sound, video, information, and other content or items belonging to or
originating from third parties (“Third Party Content”). We are not responsible for any Third
Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content
are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you
decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk
and you should be aware that our terms and policies no longer govern. You should review the applicable third
party’s terms and policies, including privacy and data gathering practices of any website to which you
Account Security and Company Systems
It is your
responsibility to ensure that scripts/programs installed under your account are secure and permissions of
directories are set properly, regardless of the installation method. When at all possible, set permissions
on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions
taken under their account. This includes the compromise of credentials such as username and password. You
are required to use a secure password. If a weak password is used, your account may be suspended until you
agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an
audit is performed, and your password is found to be weak, we will notify you and allow time for you to
change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized
customer use. We may, but is not obligated to, monitor our systems, including without limitation, to ensure
that use is authorized, to facilitate protection against unauthorized access, and to verify security
procedures, survivability, and operational security. During monitoring, information may be scanned,
examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitor
for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is
subject to suspension. Access to networks or systems outside of your direct control requires the express
written consent of the third party. We may, at our discretion, request documentation to prove that your
access to a third party network or system is authorized.
Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your
account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled.
Upon your request, we may clean-up your account for an additional fee.
We reserve the right to migrate your account from one data-center to another in order to comply with
applicable data center policies, local law or for technical or other reasons without notice.
Compatibility with the Services
You agree to
cooperate fully with us in connection with our provision of the Services. It is solely your responsibility
to provide any equipment or software that may be necessary for your use of the Services. To the extent that
the performance of any of our obligations under this Agreement may depend upon your performance of your
obligations, the Company is not responsible for any delays due to your failure to timely perform your
You are solely responsible for ensuring that all User Content and User Websites are compatible with the
hardware and software used by us to provide the Services, which may be changed by us from time to time in
our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites.
The Company does not warrant that we back-up any User Content, and you agree to accept the risk of loss of
any and all User Content.
Billing and Payment Information
Prepayment - It is
your responsibility to ensure that your payment information is up to date, and that all invoices are paid on
time. You agree to pay for the Services in advance of the time period during which such Services are
provided. Subject to applicable laws, rules, and regulations, at our sole discretion, payments may be
applied to outstanding invoices in your billing account.
Auto renewal - Unless otherwise provided, you agree that until and unless you notify us of your desire to
cancel the Services, you may be billed, but we are not obligated to bill you, on an automatically recurring
basis to prevent any disruption to your Services, using your credit card or other billing information on
file with us.
Advance Account - If you maintain a credit balance, we will deduct from the credit balance when you purchase
products or services from us. If the credit balance is insufficient for processing the order the order
may not be processed. Any negative balance in the Advance Account will become immediately payable. If you do
not correct a negative balance in your account within 24 hours, we reserve the right to terminate the
Services with immediate effect and without any notice.
Taxes - Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes
imposed by any taxing authority, unless otherwise provided. Any applicable taxes will be added to your
invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise
Late Payment or Non-Payment - Any invoice that is outstanding may result in the suspension or termination of
Services. Access to the account will not be restored until payment has been received. If you fail to pay the
fees as specified herein, we may suspend or terminate your account and pursue the collection costs incurred
by the Company, including without limitation, any arbitration and legal fees, and reasonable
attorneys’ fees. We will not activate new orders or activate new packages for customers who have an
outstanding balance on their account.
Dedicated servers/VPS are subject to being reclaimed and all content deleted if you fail to make a timely
payment. You have 3 days from the expiry date to pay the outstanding amount due for a dedicated
server/VPS. After 3 days, the data on the dedicated server/VPS will be permanently deleted and cannot be
Web Hosting is subject to being reclaimed and all content deleted if you fail to make a timely payment.
You have 3 days from the expiry date to pay the outstanding amount due for a web hosting. After 3 days,
the hosting will be suspended. After 7 days the data on the web hosting will be permanently deleted and
can be restored within 30 days from the expiry date, if the backup available on company server.
Domain registrations - No refunds will be given once a domain is registered.
Domain Renewals - You can manage domain renewals in your control panel. Domain renewal notices are provided
as a courtesy reminder and we are not responsible for any failure to renew a domain or failure to notify
about a domain renewal. No refunds will be given once a domain is renewed.
Fraud - It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards,
electronic funds transfers, electronic checks, or any other payment method. We may report any such misuse or
fraudulent use, as determined in our sole discretion, to governmental and law enforcement authorities,
credit reporting services, financial institutions and/or credit card companies.
Invoice Disputes - If you have any questions concerning a charge on your account, please reach out to our
billing department for assistance.
Price Change - The Company reserves the right to change prices, the monthly payment amount, or any other
charges at any time. We will provide you with at least thirty (30) days’ notice before charging you
with any price change. It is your sole responsibility to periodically review billing information provided by
us through the user billing tool or through other methods of communication, including notices sent or posted
Coupons - Discounts and coupon codes are reserved for first-time accounts or first-time customers only and
may not be used towards the purchase of a domain registration unless otherwise specified. If you have
previously signed up using a particular domain, you may not sign up again for that domain using another
coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales
department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and
may result in the suspension or termination of your account. All coupons and discounts are only valid
towards the initial purchase and do not affect the renewal or recurring price.
Money Back Guarantee
- There are no refunds on dedicated servers. The thirty days  money- back guarantee does not apply to
VPS - There are no
refunds on VPS. The thirty  days money- back guarantee does not apply to VPS.
Order - There are no refunds on Combo Hosting Order. The thirty  days money- back guarantee does not
apply to Combo Hosting Order.
Managed shared, Reseller Services - The Company offers a thirty  days money- back guarantee for shared,
and reseller hosting services only. If you are not completely satisfied with these hosting services and you
terminate your account within thirty  days of signing up for the Services, you will be given a full
refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting
services and does not apply to any fees for any additional products or services. For more information about
our refund policy on additional products or services please refer to the section Non-refundable Products and
Cancellations and Refunds
Refunds. - Only first-time accounts are eligible for a refund. For example, if you’ve had an
account with us before, canceled and signed up again, or if you have opened a second account with us, you
will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund
Non Refundable Products and Services - Notwithstanding anything to the contrary contained in this Agreement,
there are no refunds of any fee (including without limitation, administrative fee and/or tax) on dedicated
servers, or additional products or services such as Codeguard, Digital Certificates, shared VPS hosting,
Combo Hosting, SiteLock install fees for custom software, and/or any other products or services of the
Cancellation Process - You may terminate or cancel the Services from the control panel. If you cancel the
Services, you are obligated to pay all fees and charges accrued prior to the effectiveness of such
cancellation. If you request to suspend or cancel your customer account, your access to the control panel
will be suspended and you will not be able to access the billing system to renew products or services or to
update your account information. However, you will continue to have access to use the Services
purchased until the end of your prepaid term.
Please note that if you have pending orders outstanding on your account at the time you cancel your
account, we will continue to process those orders so long as your Advance Account has sufficient funds
to cover the charges. If we are unable to fulfill any orders, the charges for such orders will be
reversed and we reserve the right to cancel such orders.
We reserve the right to deny or cancel any order within thirty (30) days of processing such order. In
such case we will refund the fees charged for the order.
We may terminate your access to the Services, in whole or in part, without notice
in the event that:
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA MAY BE
CPU, Bandwidth and Disk Usage
Permitted CPU and
Disk Usage - Shared hosting space may only be used for web files, active email and content of User Websites.
Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as
offsite storage of electronic files, email or FTP hosts. We expressly reserve the right to review every
shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation
of this Agreement or the Acceptable Use
Policy. We may, in our sole discretion, terminate access to the Services or remove or delete User
Content for those accounts that are found to be in violation of these Terms and Conditions and other
policies. Dedicated and VPS usage will be limited by the resources allocated to the specific plan that you
Bandwidth Usage - Bandwidth usage for dedicated, reseller, shared and VPS services are subject to the terms
and limitations of the plan you purchased which are available in your control panel.
Shared, Reseller Hosting Terms
Rights of Company - While certain attributes of
the Hosting Order may consist of unlimited resources, Customer recognizes that the Hosting Order is a shared
hosting service, and that the Company has the right in its sole discretion to apply any hard limits on any
specific attribute or resource on the Hosting Order at any given time without notice in order to prevent
degradation of its services, or in case of any breach or violation or threatened breach or violation of this
Agreement, or incase company learns of a possibility of breach or violation of this Agreement which company
in its sole discretion determines to be appropriate, or to protect the integrity and stability of the
Company Products and the OrderBox, or to avoid any liability, civil or criminal, on the part of Company
and/or Service Providers, or for any other appropriate reason. The Customer agrees that Company and Service
Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of
Parent and Service Providers, are not liable for loss or damages that may result from any of the above.
Terms of Usage -
Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and
Company Product, OrderBox Users, either directly or indirectly, shall not use or permit use of the Hosting
Order, in violation of this Agreement, and for any of the activities described below
Web, Email Hosting Specific terms
Wordpress Hosting uses a specialized server configuration to deliver an optimized WordPress hosting
experience. Due to this custom configuration, the following additional terms apply to Managed Wordpress
VPS/Dedicated Server Terms
Prohibited Uses - In addition to any Prohibited Uses outlined in the
Acceptable Use Policy, customers may not:
The Company can take any action to enforce its rights under this Server Addendum or the Company Terms of
Service, which includes but is not limited to, accessing the our server by any means, and if required:
Company shall offer support to the User, only if there is a failure with:
User is advised to and shall be solely responsible for:
The Company does not provide any backups for VPS/Dedicated servers. Your use of the VPS/Dedicated service is
solely at your own risk. The Company is not responsible for files and/or data residing on your account. You
agree to take full responsibility for files and data transferred and to maintain all appropriate backup of
files and data stored on Company’ servers.
Domain Related Service Terms
Your domain registration will be effective upon the occurrence of all of the following:
You accept all terms and conditions of this Registration Agreement and the Company’s Terms of Service
and its ancillary documents;
The Company accepts (in its sole discretion) your domain registration application;
The Company receives payment of the registration, renewal and reinstatement fees, as applicable; and the
Company delivers the domain registration information you provide to the registry administrator for the
applicable TLDs and the Registry Administrator puts into effect your domain registration application.
Limitation of Liability
You understand that the Company does not control all aspects of the domain registration process. For example,
once you submit a domain registration, the Company forwards the information contained in the registration to
the appropriate Registry Administrator for processing and actual registration of the name. The Company
disclaims, and you agree, that the Company is not liable for any inaccuracies regarding the registration
information relating to
Multiple Domain Registrations
The Company, in accordance with ICANN policies, reserves the rights to refuse to register multiple domain
Payment of fees as a condition of domain registration. As consideration for the domain registration service
provided by the Company, you agree to pay the Company, prior to the effectiveness of the desired domain
registration, all registration and other applicable fees as indicated via the payment method selected at the
time of registration. All fees are non-refundable, in whole or in part, even if your domain registration is
suspended, canceled or transferred prior to the end of your then-current registration term. It is the
responsibility of the listed registrant for the domain name to maintain records appropriate to document and
prove the initial domain name registration date.
Reservation of right to modify fees. The Company reserves the right to modify fees, surcharges, and renewal
fees or to institute new fees at any time with 30 days’ notice, for any reason, at its sole
Credit card charge-backs for domain registrations.
In the event of a charge-back to the Company by the credit card company (or similar action by another payment
provider used by us) for the credit card used in connection with the payment of the registration or other
fee, you agree and acknowledge that the domain registration shall be transferred to the Company, as the
paying entity for that registration to the registry(ies) and that we reserve all rights regarding such
domain including, without limitation, the right to make the domain available to other parties for purchase.
The Company also reserves the right to lock your account and the remainder of your domains until we receive
your payment of any administrative fees and/or chargeback fees. In the Company’s sole discretion, we
may reinstate your domain registration, subject to the Company’s receipt of the registration fee and
any administrative and/or chargeback fees described above.
Credit card charge-backs for non-domain registration services.
In the event of a charge-back by the credit card company (or similar action by another payment
provider) for the credit card used in connection with the payment of a non-domain registration fee, you
agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any
information maintained by the service may be deleted along with your account and the remainder of your
services being locked until we receive your payment of any administrative fees and/or chargeback fees. In
the Company’s sole discretion, we may reinstate your services, subject to the Company’s receipt
of the non-domain registration fee and any administrative and/or chargeback fees described above.
Required Domain Registration Information
Registration information. As part of the domain registration process and in accordance with ICANN policies, a
Registered Name Holder is required to submit, and update within seven (7) days of any change, complete and
accurate information, including the following (collectively, the “Registration Information”):
Administrative contact information, including the name, postal address, email address, telephone number, and
where available, fax number of the administrative contact for the domain.
Technical contact information, including the name, postal address, email address, telephone number, and where
available, fax number of the technical contact for the domain.
Billing contact information, including the name, postal address, email address, voice telephone number, and
where available, fax number of the billing contact for the domain.
Additional registration information. In addition, in accordance with ICANN policies, the Company is obligated
to submit and keep current, complete and accurate additional information relating to a domain registration,
which may include the following (collectively, “Additional Registration Information”):
Communications (electronic or paper form) constituting registration orders, modifications, or terminations
and related correspondence between you and us;
Account records for your domain registration, including dates and amounts of all payments and refunds;
The IP addresses of the primary nameserver and any secondary nameservers for the domain;
The corresponding names of those nameservers;
The name, postal address, email address, voice telephone number, and where available, fax number of the
technical contact for the domain;
The name, postal address, email address, voice telephone number, and where available, fax number of the
administrative contact for the domain;
The expiration date of the registration; and
Information regarding all other activity between you and us regarding your domain registration and related
Use of Registration Information and Additional Registration Information. You agree and acknowledge that the
Company will make available the Registration Information and the Additional Registration Information to
ICANN; to other third party Registry Administrators such as VeriSign, Inc., Global Names Registry Ltd.,
Neustar, Inc., Afilias USA, Inc., Global Domains International; and as applicable laws may require or
permit. Additionally, you acknowledge and agree that ICANN and the Registry Administrators may establish
guidelines, limits and/or requirements that relate to the amount and type of information that the Company
may or must make available to the public or to private entities, and the manner in which such information is
made available. Further, you hereby consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or use of, information provided by you in connection with the
registration of a domain (including any updates to such information), whether during or after the term of
your registration of the domain. Moreover, you hereby irrevocably waive any and all claims and causes of
action that may arise or have arisen from such disclosure or use of your Registration Information and the
Additional Registration Information.
Information updating and accuracy obligations. As a condition to continued registration of your domain, you
must provide us with updated Registration Information within seven (7) days of any changes to such
information. You may review, modify or update your Registration Information by accessing the Company’s
domain manager service, domain management console or similar service, made available at our website. In
accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate
information or fail to update your Registration Information within seven (7) days of any change, then you
will be in material breach of this Registration Agreement and we may in our sole discretion cancel your
domain registration. You further agree that your failure to respond within ten (10) days to any inquiry by
the Company concerning the accuracy of the Registration Information or to contact the Company immediately
upon discovery of any willful inaccuracy (including, e.g., phone number listed as 000-0000) associated with
your domain registration shall constitute a material breach of this Registration Agreement and will be
sufficient basis for cancellation of your domain registration. You further represent that you have obtained
consent from any third-party individuals whose personal data you have provided as Registration Information.
Information requirements for renewals. Upon renewal of your domain registration, the type of information you
are required to provide may have changed. If you do not wish to provide the newly required information, your
domain registration may not be renewed.
Ownership of data. You agree and acknowledge that the Company owns all database, compilation, collective and
similar rights, title and interests worldwide in our domain database (“Domain Database”), and
all information and derivative works generated from such Domain Database, which contains Registration
Information and Additional Registration Information.
You further agree and acknowledge that the Company may use the following information for those domain
registrations for which we are the registrar:
(a) the original creation date of the registration;
(b) the expiration date of the registration;
(c) the name, postal address, email address, voice telephone number, and where available fax number of the
technical contact, authorized contact, zone contact and billing contact for the domain registration;
(d) any remarks concerning the registered domain that appear or should appear in the WHOIS or similar
(e) any other information the Company generates or obtains in connection with the provision of domain
registration services, other than the domain being registered, the Internet protocol (IP) addresses of the
primary nameserver and any secondary nameservers for the domain, and the corresponding names of those
nameservers. The Company does not have any ownership interest in your specific personal registration
information outside of its rights in its Domain Database. The Company agrees to take reasonable precautions
to protect your specific personal registration information from loss, misuse, unauthorized access or
disclosure, alteration or destruction.
Registrant Verification. You understand and agree that Registrar is required to verify the Registered Name
Holder’s email address within 15 days of any registration, transfer, or change to the Registered Name
Holder’s contact information. The Domain Name Holder’s failure to verify the contact information
within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate
suspension of the domain name(s) and associated service(s).
In addition, you understand and agree that Registrar is required to verify any changes to any WHOIS contact
information within 15 days of any change. The Domain Name Holder’s failure to verify such changes
within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate
suspension of the domain name(s) and associated service(s).
Domain Privacy Service
If you purchased domain privacy services (“Domain Privacy”), you agree that your Registration
Information will be replaced in any public WHOIS search with information provided by the Company as
determined in its sole discretion (the “Private WHOIS Contact Information”).
Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely
responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a
legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way
alleviates your obligation to provide valid and accurate Registration Information and to update and correct
such information pursuant to the terms of this Registration Agreement.
The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any
third party with the Private WHOIS Contact Information for the purpose of having such third party transmit
communications to you. The Company may immediately terminate the Domain Privacy service and, at its sole
option, disclose the Registration Information in the event that you breach this Agreement.
Notwithstanding anything to the contrary, you agree that the Company may, but is not obligated to, review and
forward communications in connection with your domain name that it receives. You hereby authorize the
Company to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole
discretion. You specifically acknowledge that the Company is not obligated but may forward to you certified
or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first class U.S.
postal mail; however, the Company will NOT forward “junk” mail or other unsolicited
communications (whether delivered through fax, postal mail, or telephone), and you further authorize the
Company to either discard all such communications or return all such communications to the sender. You agree
that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to
the email address listed in the Registration Information; (ii) emails will be forwarded to the email address
listed in the Registration Information; and (iii) callers will be directed to use the mailing or email
address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to
the terms of this section; we will not relay phone messages to you. You agree to waive any and all claims
arising from your failure to receive communications directed to your domain name but not forwarded or
referred to you by the Company.
If any domain name for which you are using the Domain Privacy service is transferred to another registrar,
Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.
Failure to renew the Domain Privacy service while your domain name registration is still valid will result in
the Domain Privacy being suspended, terminated or canceled and your Registration Information will be
displayed in any public WHOIS search. Domain Privacy renewals after initial purchase will be at the standard
list price, which is available by logging in to your account.
The Company expressly reserves the right, in its sole discretion and without any liability to you whatsoever,
to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS
search or to any third party at any time without notice to you:
To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders,
official government inquiries or requests of law enforcement;
To comply with ICANN’s Uniform Domain Name Dispute Resolution Policy;
To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain
Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain
name violates or infringes a third party’s trademark, trade name, or other legal rights;
In the event you breach any provision of this Registration Agreement or any other agreement you’ve
entered into with the Company, including, but not limited to, the Terms of Service;
To comply with the rules, procedures, or practices of the registry that governs the domain name extension
receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain
To avoid any financial loss or legal liability (civil or criminal) on the part of the Company, its parent
companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;
To prevent inappropriate activity that comes to the Company’s attention, including without limitation
if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities,
including without limitation, activities that are intended to or otherwise:
Pursuant to paragraph 220.127.116.11 of ICANN’s
Registrar Accreditation Agreement (“RAA”), you agree that if you license use of
a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered
Name Holder of record (as that term is defined in the RAA) and are responsible for providing the full
contact information and for providing and updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name.
A Registered Name Holder licensing use of a Registered Name according to this provision shall accept
liability for any harm caused by wrongful use of the Registered Name, unless the Registered Name Holder
discloses the current contact information provided by the licensee and the identity of the licensee within
seven (7) days to a party that provides the Registered Name Holder reasonable evidence of actionable harm.
Upon registration, the domain will be automatically placed on name servers provided by the Company, and
Internet users that type in the domain will be redirected to a “coming soon” page (collectively,
“parking a domain” or a “parked domain”). There is no charge for parking a domain.
You hereby consent to and authorize the Company’s placement of a “coming soon” page, and
its associated contents, on your parked domain. You may change the name server configuration (or
“un-park” the domain) after the registration is complete. If you need to register name servers
using the domains that you are currently registering, the names will initially be parked with the Company
until you modify the name servers after the domain registration is complete, using your account manager.
In the event your domain registration expires, your registration is no longer valid. If you are able to renew
the domain name, you may update the domain to its original settings. After expiration, but prior to renewal,
the domain may be pointed to an “expired” page (collectively, “parking a domain” or
a “parked domain”). There is no charge for the parked domain. By not renewing the domain, the
Company may place an “expired” page, and its associated contents, on the parked domain. You may
change the name server configuration (or “un-park” the domain) after the renewal is complete. If
you need to register name servers using the domains that you are currently renewing, the names will
initially be parked with the Company until you modify the name servers after the domain renewal is complete,
using your account manager.
The “coming soon” and/or “expired” pages may contain advertisements and other
materials selected by the Company, in the Company’s sole discretion. This may include, but is not
limited to third-party websites, third-party product and service offerings, and/or Internet search engines.
The Company reserves the right to collect and retain all revenue obtained from such advertising and other
DNS Wildcard. In the event you utilize the Company’s DNS management services and fail to configure a
wildcard DNS for your domain, the Company may insert wildcard DNS records to resolve subdomains of your
domain that would not otherwise resolve. The Company may point those subdomains to a web page that may
contain advertisements and other materials selected by the Company in the Company’s sole discretion.
This may include, but is not limited to, third-party websites, third-party product and service offerings,
and/or Internet search engines.
Renewal obligations. You are solely responsible for ensuring that any and all domains and additional services
are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any
time before the expiration date. The Company shall have no liability to you or any third party in connection
with the renewal, including, but not limited to, any failure or errors in renewing the services.
You may be notified at the Company’s sole discretion when renewal fees are due. Should these fees go
unpaid within the time specified in a notice or reminder regarding renewal, your registration will be
canceled. Payment must be made by such other method as we indicate in the renewal form. If your billing
information is not accurate, you are solely responsible for the failure to renew.
You agree that if you paid for any services provided hereunder by credit card or other payment services
(such as PayPal), you hereby authorize but do NOT obligate, the Company to automatically charge your credit
card or payment service account and renew the applicable service(s) on or before their renewal date using
the credit card or other acceptable payment information you have provided to the Company, unless you notify
the Company that you do not wish to participate in the Company’s automatic renewal process. The
Company must receive notification of your intent to not renew (opt-out) no later than sixteen (16) days
prior to the renewal date. In the absence of such notification from you, the Company will automatically
renew, for a period of one (1) or two (2) years, as set forth by the applicable registry depending on the
TLD or ccTLD of your domain name, any domain that is up for renewal and will charge the credit card or
payment service account you have on file with the Company, at the Company’s then current rates. You
are solely responsible for the credit card or other payment information you provide to the Company and must
promptly inform the Company of any changes thereto (e.g., change of expiration date or account number). If
the credit card or payment service account has expired or is otherwise invalid, you are solely responsible
for a failure to renew and the Company shall not be liable for your failure.
Expired domain names.
You agree that we may place our contact information in the WHOIS output for any expired domain name, as the
failure to renew results in the immediate cancellation of registration and loss of all rights to the domain
name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew
and transfer the domain name to a third party on your behalf as an Expired Domain Transfer (“ED
New customers through domain auction or brokerage partners and/or ED Transfers.
If you are registering a domain name that was registered with, and not yet deleted by, the Company at the
time of your purchase, you acknowledge and agree that the term of your registration will be for a period of
one year from the original expiration date for the domain name immediately prior to your purchase, as the
registration is the result of an ED Transfer (defined above). You will not be compensated for the inability
to use the domain from the time it was expired until the time you are able to use the domain in your
account. NOTE: You may not transfer your domain name to another Registrar for sixty (60) days from the date
of any previous transfer.
Domain Dispute Resolution Policy
You agree to be bound by the appropriate domain dispute resolution policy (“Dispute Policy”)
applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution
Policy, which can be found here. The Dispute Policy has been developed by ICANN and/or the specific
Registration Administrator(s) and is incorporated by reference in this Registration Agreement. Certain
disputes are subject to the applicable Dispute Policy. In the event such dispute arises, you agree that you
will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your
domain registration is disputed by a third party. You further agree that, in the event a domain dispute
arises with any third party, you will indemnify and hold the Company harmless pursuant to the terms and
conditions contained in the applicable Dispute Policy. The Dispute Policy may be modified at any time by
ICANN or the applicable Registry Administrator, and your continued use of the domain registered to you after
any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and
this Registration Agreement. If you do not agree to any of such changes, you may request that your domain
registration is canceled or transferred to a different domain registrar. For the adjudication of disputes
concerning or arising from the use of the second level domain (“SLD”) name, the SLD holder shall
submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts
(1) of the SLD holder’s domicile and (2) where Registrar is located. In addition, you agree to the
rules of ICANN’s Uniform Rapid Suspension (“URS”) and to submit to any proceedings
commenced pursuant to the URS, if applicable.
Change of Registrant Of Domains
Change of Registrant. Effective December 1, 2016, for all gTLDs, any material changes to a domain name
registrant’s name, company, email address, or to the administrative contact email address (if there is
no registrant email address) are subject to ICANN’s Transfer Policy (available at
We are required to deny a change of registrant for any of the following reasons:
the domain name registration agreement has expired and the registrant no longer has the right to renew the
domain name or to transfer the domain name to another registrar;
the change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or
the domain name is subject to a domain name dispute proceeding, including, but not limited to, the following:
Uniform Domain-Name Dispute-Resolution Policy (UDRP)
Uniform Rapid Suspension (URS) (https://www.icann.org/resources/pages/urs-2014-01-09-en);
Registrar Transfer Dispute Resolution Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en);or
a court order.
Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their
Designated Agents, must confirm the change of registrant within 60 days of the request.
Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your
domain registration to another domain registrar for sixty (60) days following the change of registrant.
You hereby explicitly authorize us to act as “Designated Agent” to approve a change of registrant
on behalf of the Prior Registrant and the New Registrant, consistent with and pursuant to the requirements
of ICANN’s Transfer Policy.
Transfer of registration to another registrant.
The entity or person named as the “registrant” at the time the controlling user name and password
are secured shall be the registrant of the domain. You agree that prior to the effectiveness of any transfer
of ownership of your domain to another entity, the Company reserves the right to enforce any amount
published for the transfer of ownership of a domain. You further agree that, as a condition of any such
transfer of ownership of the domain, the party to which you seek to transfer your domain shall agree in
writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Registration
Agreement. Your domain will not be transferred until we receive such written assurances (or reasonable
assurance as determined by the Company in its sole discretion) and actual payment of the transfer fee, if
any is imposed. You acknowledge and agree that if you attempt to transfer your domain registration without
paying the Company the amount published for the transfer of ownership of a domain, or if the entity to which
you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this
Registration Agreement, any such transfer will be null and void, and will result in your domain registration
being revoked without a refund of any charges you have incurred in attempting to register or transfer that
When changing the name of registrant within the Company, you agree that at the Company’s discretion,
the domain name may be changed back to the registrant listed immediately prior to the change upon written
(email is acceptable) request within five (5) days (or such reasonable time as determined at the
Company’s discretion) by registrant that was listed immediately prior to change or in the event of
suspected fraud in connection with the change of the registrant name as determined by the Company in its
Transfer of registration to or from another registrar.
When transferring a domain name into the Company as the new registrar of record and simultaneously changing
the name of registrant or subsequently changing the name of registrant, you agree that the domain name may
be re-transferred back to the losing registrar upon written (email is acceptable) request by registrant that
was listed immediately prior to transfer or upon request by losing registrar or in the event of suspected
fraud in connection with the transfer as determined by the Company in its sole discretion. At the time of
transfer into the Company, you must complete all required information requested through the online transfer
application, i.e., contact information, nameserver information, etc. the Company may elect to accept or
reject your domain name transfer application for any reason at its sole discretion. You are not entitled to
any refund in relation to the domain name transferred to another registrar.
RESTRICTIONS ON REGISTRAR TRANSFERS.
For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration
to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial
domain registration or
(2) completion of a domain transfer into the Company.
If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic
acceptance is acceptable) to the Company for the transfer of the domain to another registrar and agree to
pay any and all fees that may be charged by the Company to effect the transfer. You agree your request to
transfer your domain to another registrar may be denied pursuant to the Transfer Policy (available here).
For country-code top-level domains, as established by each registry, you agree that you may not transfer a
domain to another registrar during the first sixty (60) days of the initial registration or after the
expiration of the domain. You agree your request to transfer your domain to another registrar may be denied
pursuant to the Transfer Policy (available here).
Agents and Licensing
You agree that, if you are registering a domain and listing someone other than yourself as the registrant,
you represent and warrant that you have the authority to bind the person or entity listed as registrant as a
principal to this Registration Agreement, including the applicable Dispute Policy. The name listed as
registrant of the domain or the appropriate officer of a listed Organization (at the Company’s
discretion) may individually choose to move the domain into another account for full access to the domain,
irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin,
billing). Further, you agree that if you license the use of the domain registered to you to a third party,
you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this
Registration Agreement, including but not limited to payment obligations, and providing (and updating, as
necessary) accurate Registration Information and Additional Registration Information. Further, you accept
liability for any actions of the licensee using the domain unless you promptly disclose the current contact
information provided to you by the licensee and the identity of the licensee to any party providing
reasonable evidence of actual harm.
Representations and Warranties
In the event that, in registering the domain, you are providing information related to a third party, you
hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use
of that party’s information as set forth in this Registration Agreement, and (b) that you have
obtained that third party’s express consent to the disclosure and use of that party’s
information as set forth in this Registration Agreement. You further represent that, to the best of your
knowledge and belief, neither the registration of the domain nor the manner in which it is directly or
indirectly used infringes the legal rights of a third party. You further represent and warrant that all
information provided by you in connection with your domain registration is accurate.
Indemnification of the Company. You will indemnify, hold harmless, and defend the Company and its subsidiary
and parent entities, predecessors, successors, affiliates, and assigns, the Registry Administrators, and all
of their respective current and former officers, directors, members, shareholders, agents, and employees
(the “Indemnified Parties”) from any and all Claims. “Claim” means any action, cause
of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide
settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation
reasonable attorneys’ fees and costs)), which arises out of: (a) your breach of this Registration
Agreement or any of the Company’s policies applicable to this domain registration or related services,
(b) the operation of your domain, (c) any negligent act or omission by you, or (d) any third party claim,
action, or demand related to the registration or use of the domain registered in your name (and this
indemnification is in addition to any indemnification required under the Dispute Policy). “Reasonable
attorneys’ fees and costs” as used in this Section 13 includes without limitation fees and costs
incurred to interpret or enforce this Section 13. The Company may, at its expense, employ separate counsel
to monitor and participate in the defense of any Claim. The Company will provide you with reasonably prompt
notice of any Claim.
Indemnification of ICANN and Registry Operators.
You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to
VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.) and
their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from
and against any and all claims, damages, liabilities, costs and expenses, including reasonable
attorneys’ fees and costs and any other expenses arising out of or related to your domain registration
and any disputes regarding same. Some Registry Operators may not allow this indemnification provision to
apply, as contained herein; in such cases, this provision is in effect to the full extent permitted by law
as applicable to such Registry Operator.
These indemnification obligations shall survive the termination or expiration of this Registration Agreement.
Disclaimer of warranty: THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT
WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY
DOMAIN REGISTERED TO YOU.
Limitation of liability: YOU AGREE THAT THE COMPANY AND THE INDEMNIFIED PARTIES, AS
DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A)
SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR
OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS,
DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS BY THE
DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION; (F) EVENTS BEYOND THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ REASONABLE
CONTROL; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES
PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. THE COMPANY AND THE INDEMNIFIED PARTIES ALSO WILL NOT BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE
COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ MAXIMUM AGGREGATE LIABILITY EXCEED THE
TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF
Term and Termination
Term. The term of this Registration Agreement commences on the day you accept this Registration Agreement to
the day until the occurrence of any of the following: (a) your domain registration is canceled; (b) your
domain is transferred to a third party; or (c) your domain expires or is terminated (in accordance with
Section 15.c, below) (collectively, “Termination”). Your obligation to pay any fees or other
amounts under this Agreement which arose prior to expiration or other termination of this Registration
Agreement shall survive any such expiration or termination.
Domain suspension, cancellation or transfer. You acknowledge and agree that your domain registration is
subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as,
“Cancellation”) (a) to correct mistakes by the Company, another registrar, or a Registry
Administrator in administering the domain name or (b) for the resolution of disputes concerning the domain
pursuant to an ICANN policy or procedure. It is your responsibility to verify if any domain is infringing
anyone else’s rights, prior to registration. If the domain name you have registered is found to be
infringing on another person’s rights, determined in the Company’s discretion, the Company has
the right to cancel your registration immediately. If you are in willful violation of our agreement, you
will not be entitled to any refund. You also agree that the Company shall have the right in its sole
discretion to suspend, cancel, transfer or otherwise modify a domain registration upon up to seven (7)
calendar days prior notice or after such time as the Company receives a properly authenticated order from a
court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or
modification of the domain registration.
Termination. The Company reserves the right to suspend, cancel, transfer or modify your domain registration
(a) you materially breach this Registration Agreement (including the Dispute Policy) and do not cure such
breach within ten (10) days of notice by the Company;
(b) you use the domain to send unsolicited email, in violation of this Registration Agreement or applicable
(c) you use your domain in connection with unlawful activity; or
(d) you otherwise violate this Registration Agreement as determined by the Company in its sole discretion. WE
WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN
Reseller Terms and Client Responsibility
may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller
Resellers shall ensure that each of its clients, customers or users (“Reseller Users”) complies
with this Agreement, including for the sake of clarity, Appendix A.
Resellers are responsible for supporting Reseller Users, including but not limited to providing customer
service, billing support and technical support. The Company does not provide support to Reseller Users. If a
Reseller User contacts us, we reserve the right to place a reseller client account on hold until the
reseller can assume responsibility for the Reseller User. All support requests must be made by the reseller
on Reseller User’s behalf for security purposes.
Resellers are also responsible for all content stored or transmitted under their reseller account and the
actions of Reseller Users. The Company may hold any reseller responsible for any of their client’s
actions that violate the law or this Agreement.
The Company is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to
indemnify the Company from and against any and all claims made by any User arising from the reseller’s
acts or omissions.
The Company reserves the right to revise our Reseller Program at any time. Changes shall take effect when
posted online or on any subsequent date as may be set forth by the Company.
Resellers in the Company’s Reseller Program assume all responsibility for billing and technical support
for each of the Users signed up by the reseller.
IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS
OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS
ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU, OR ANY PARTY
CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL
ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER
WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless the Company, our affiliates, and their respective officers,
directors, employees and agents (each an “Indemnified Party” and, collectively, the
“Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits,
actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited
to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the
Indemnified Parties arising out of or relating to
The terms of this section shall survive any termination of this Agreement.
If you are in India, the following provision applies to you:
All disputes, controversies, and differences arising out of or relating to this Agreement, including a
dispute relating to the validity or existence of this Agreement
(“Dispute”) shall be referred to and resolved by arbitration in Chennai, India under the
provisions of the Arbitration and Conciliation Act, 1996; provided that, to the extent a party may suffer
immediate and irreparable harm for which monetary damages would not be an adequate remedy as a result of the
other party’s breach or threatened breach of any obligation hereunder, such party may seek equitable
relief, including an injunction, from a court of competent jurisdiction, which shall not be subject to this
Section. The arbitration tribunal shall consist of one (1) arbitrator jointly appointed by the parties
within fifteen (15) days from the date of the first recommendation for an arbitrator in written form for a
party to the other. If the parties fail to agree on the appointment of such arbitrator, then the arbitrator
shall be appointed as per the provisions of Arbitration and Conciliation Act, 1996. The language of the
arbitration shall be English. As part of the terms of the appointment of the arbitrator(s), the
arbitrator(s) shall be required to produce a final and binding award or awards within six (6) months of the
appointment of the sole arbitrator (jointly appointed by the parties). Parties shall use their best efforts
to assist the arbitrator(s) to achieve this objective, and the parties agree that this six (6) month period
shall only be extended in exceptional circumstances, which is to be determined by the arbitrator(s) in its
absolute discretion. The arbitral award passed by the arbitrator shall be final and binding on the parties
and shall be enforceable in accordance with its terms. The arbitrator shall state reasons for its findings
in writing. The parties agree to be bound thereby and to act accordingly. All costs of the arbitration shall
be borne equally by the parties.
A data request is a request for information or documents relating to customer accounts in
connection with official criminal investigations or other official legal proceedings. Except in limited
emergency situations (see below), we respond to such requests as required by law. Examples of data requests
• Court Orders
• Search Warrants
• Other forms of legal process such as Civil Investigative Demands
Preservation Requests - A preservation request asks Company to preserve customer account records in
connection with official criminal investigations or other official legal proceedings. Preservation requests
must include the following information:
• Identification of the account(s) at issue (as further described in Section 4 below);
• Identification of the investigating agency and/or specific pending official
proceedings (requests must be signed on law enforcement letterhead);
• Assurances that the requesting agency or individual is taking steps to obtain
appropriate legal process for access to the data that we are being asked to retain; and
• A valid return email address and phone number.
Emergency Requests - An emergency request is only appropriate in cases involving imminent serious bodily harm
or death. We respond to emergency requests when we believe in good faith that such harm may occur if we do
not respond without delay.
Notice to Customers. Our policy is to notify customers of requests for their data unless we are prohibited
from doing so by statute or court order.
Information to Include in a Request. The following information must be included in a request for customer
• First and last name of the customer and email address associated with the account;
• Domain name and/or IP address associated with the account.
• We may not be able to respond to a request without this information.
Additionally, we reserve the right to request a copy of the complaint and any supporting documentation that
demonstrates how the information requested is related to the pending litigation and the underlying subpoena.
Submitting a Request. All requests should be mailed or emailed to the following:
Attn: eWallHost Web Services Pvt Ltd
767 A, 2nd Floor Velachery Main Road,
Chennai – 600 073, TamilNadu .
OR email to: [email protected]
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM
US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER. DUE TO THE VAGARIES OF THE INTERNET AND EMAIL COMMUNICATION IN
PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL UNINTENDED EFFECTS OF SPAM
FILTERS, SENDING AN ALTERNATE FORM OF NOTICE, WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY US AND ACTED
ON IN A TIMELY MANNER.
We may seek reimbursement for costs in responding to requests as provided by law and may charge additional
fees for costs in responding to unusual or burdensome requests.
Available Information. Depending on the type of formal legal process provided, we may be able to respond with
one or more of the following types of data:
Non-Content - We will produce non-content information such as basic subscriber information which may include
the following subject to a valid request:
• Email addresses
• Date and time of account creation
• Billing information
• IP Logs
Content - We will only produce customer content (such as website files and email content) pursuant to a valid
search warrant from an entity with proper jurisdiction.
To file a notice of alleged infringement with us, a complainant must provide a written
notice that includes the complainant’s full contact information and sets forth the items specified
• Name, address, phone number, email address (if available) and physical or electronic
signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;
• Identification of the copyrighted work(s);
• Identification of the infringing material you are asking us to remove or disable,
and the Internet location of the infringing material;
• Any additional information required to be included in a copyright infringement
complaint under applicable law (as we may request from you as necessary)
• A statement that you have a good faith belief that use of the disputed material is
not authorized by the copyright owner, its agent or the law;
• A statement that the information in the complaint is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly
• Your signature.
Please submit your complaint to [email protected]
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially
misrepresent that material is infringing your copyright. Accordingly, if you are not sure whether material
available online infringes your copyright, we suggest that you first contact an attorney.
Company may respond to take-down notices by removing or disabling access to the allegedly infringing material
and/or by terminating services. If we remove or disable access in response to such a notice, we will make a
good-faith attempt to contact you and/or administrator of the affected site or content.
Company may document notices of alleged infringement it receives and/or on which we action is taken. As with
all legal notices, a copy of the notice may be made available to the public and sent to one or more third
parties who may make it available to the public.
Upon receipt of notice from Company that a claim of infringement has been made and/or that the material has
been removed or that access to it has been disabled, you may provide a counter notice pursuant to applicable
To be effective, a counter-notice must include ALL of the following information:
• A physical or electronic signature;
• Identification of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the
material was removed or disabled as a result of mistake or misidentification of the material to be removed
or disabled; and
• Your name, address, and telephone number, and a statement that the customer consents
to the jurisdiction of Federal District Court for the judicial district in which you are located, or if your
address is outside of the United States, the jurisdiction of the U.S. District Court for the District of
Massachusetts, and that you will accept service of process from the complainant or the complainant’s
Upon receiving a proper counter-notice pursuant to applicable law, Company will take reasonable steps to
restore the material in 10 - 30 business days unless the copyright owner commences court proceedings to
prevent the restoration of the material and Company is informed of such proceedings.
The Company and User are independent contractors and nothing contained in this Agreement places the Company
and User in the relationship of principal and agent, partners or joint ventures. 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
Governing Law & Jurisdiction
Unless you are in India, 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 on an alleged tort, shall be
governed by the substantive laws of the Commonwealth of Massachusetts.
If you are in India, 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 on an alleged tort, shall be
governed by the substantive laws of the Republic of India.
Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods
does not apply to this Agreement.
Backups and Data Loss
Your use of the Services is at your sole risk. The Company does not maintain backups of dedicated accounts or
the Services purchased by you. You should not rely on the Company for backup. It is solely your
responsibility to maintain backups. The Company is not responsible for files and/or data residing on
your account. You agree to take full responsibility for all files and data transferred and to maintain all
appropriate backup of files and data stored on the Company’s servers.
Limited Disclaimer and Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE
BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE COMPANY AND OUR AFFILIATES, EMPLOYEES,
AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY AND OUR
AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE
SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION
PROVIDED THROUGH THE SERVICES. THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS
ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR
FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY
TERMINATION OF THIS AGREEMENT.
This Agreement, including policies and documents incorporated 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
The headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the Services
We may change or modify this Agreement at any time. We will post a notice of any significant changes to this
Agreement on our website for at least thirty (30) days after the changes are posted and will indicate at the
bottom of this Agreement with the date, when these terms were last revised. Any changes or modifications to
this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this
page. If no date is specified, your use of the Services after such changes or modifications shall constitute
your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not
authorized to use or access the Services...
If any provision or a portion of any provision of this Agreement is found to be illegal, invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise
specified) thereof shall remain in full force and effect.
No failure or delay by you or the Company to exercise any right or remedy hereunder shall operate as a waiver
thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further
exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or
condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any
succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the
prior written consent of the Company. Any attempted assignment in violation of this Agreement shall be null
and void and of no force or effect whatsoever. We may assign our rights and obligations under this Agreement
and may engage subcontractors or agents in performing our duties and exercising our rights hereunder,
without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the
parties hereto and their respective successors and permitted assigns.
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
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall
anything herein be construed to confer any rights upon any person other than the parties hereto and their
respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees
that any supplier of a third-party product or service that is identified as a third-party beneficiary in the
service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as
they relate specifically to its products or services and shall have the right to enforce directly the terms
and conditions of this Agreement with respect to its products or services against user as if it were a party
to this Agreement.
If you purchase a third party product or service from the Company, you agree to this Agreements AND the
following terms and conditions of the third party product or service, which is incorporated herein and made
a part of this Agreement by reference:
Comodo SSL: https://ssl.comodo.com/terms.php
Google Apps Core Services: http://www.google.com/apps/intl/en/terms/userfeatures.html
WordPress: https://en.wordpress.com/tos/ and http://automattic.com/privacy/