The Legal Bits

It’s not fun, but sadly, it’s a part of life. In order to buy hosting or domain services from me, you’ll have to agree to the following stuff:

Privacy Policy Notice

This privacy policy (“Policy”) describes how James Burns, trading as James Burns Hosting, James Burns Creative or BIAS (“James Burns Hosting”, “James Burns”, “we”, “us” or “our”) collects, protects and uses the personally identifiable information (“Personal Information”) you (“User”, “you” or “your”) may provide on the jamesburnshosting.co.uk, jamesburnscreative.co.uk, biasmusic.co.uk websites and any of its products or services (collectively, “Website” or “Services”).

It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

Automatic collection of information

When you visit the Website our servers automatically record information that your browser sends. This data may include information such as your device’s IP address, browser type and version, operating system type and version, language preferences or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates, and other statistics.

Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding Website usage. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

Collection of personal information

You can visit the Website without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the Website’s features, you will be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you knowingly provide to us when you create an account, publish content, make a purchase, or fill any online forms on the Website. When required, this information may include the following:

– Personal details such as name, country of residence, etc.
– Contact information such as email address, address, etc.
– Account details such as user name, unique user ID, password, etc.
– Proof of identity such as photocopy of a government ID.
– Payment information such as credit card details, bank details, etc.
– Information about other individuals such as your family members, friends, etc.
– Any other materials you willingly submit to us such as articles, images, feedback, etc.

You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the Website’s features. Users who are uncertain about what information is mandatory are welcome to contact us.

Managing personal information

You are able to delete certain Personal Information we have about you. The Personal Information you can delete may change as the Website or Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for the purposes described below. If you would like to delete your Personal Information or permanently delete your account, you can do so by contacting us.

Storing personal information

We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.

Use and processing of collected information

In order to make our Website and Services available to you, or to meet a legal obligation, we need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Some of the information we collect is directly from you via our Website. However, we may also collect Personal Information about you from other sources such as social media, emails, etc. Any of the information we collect from you may be used for the following purposes:

– Create and manage user accounts
– Fulfill and manage orders
– Deliver products or services
– Improve products and services
– Send administrative information
– Send marketing and promotional communications
– Respond to inquiries and offer support
– Request user feedback
– Improve user experience
– Post customer testimonials
– Deliver targeted advertising
– Administer prize draws and competitions
– Enforce terms and conditions and policies
– Protect from abuse and malicious users
– Respond to legal requests and prevent harm
– Run and operate our Website and Services

Processing your Personal Information depends on how you interact with our Website, where you are located in the world and if one of the following applies: (i) You have given your consent for one or more specific purposes. This, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) Provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) Processing is necessary for compliance with a legal obligation to which you are subject; (iv) Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

Note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Information transfer and storage

Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this document or inquire with us using the information provided in the contact section.

The rights of users

You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following: (i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.

The right to object to processing

Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection. You must know that, however, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn, whether we are processing Personal Information for direct marketing purposes, you may refer to the relevant sections of this document.

How to exercise these rights

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible.

Billing and payments

We use third-party payment processors to assist us in processing your payment information securely. Such third-party processors’ use of your Personal Information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this Privacy Policy. We suggest that you review their respective privacy policies.

Product and service providers

We may contract with other companies to provide certain products and services. These service providers are not authorized to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We may share Personal Information for these purposes only with third-parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes.

Privacy of children

We do not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through our Website or Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through our Website or Service without their permission.

If you have reason to believe that a child under the age of 13 has provided Personal Information to us through our Website or Service, please contact us. You must also be at least 16 years of age to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).

Newsletters

We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.

In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.

Cookies

The Website uses “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical purposes to operate our Website and Services. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the features of the Website and Services. To learn more about cookies and how to manage them, visit internetcookies.org

In addition to using cookies and related technologies as described above, we also may permit certain third-party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities on the Website. These companies may deliver ads that might also place cookies and otherwise track user behavior.

Cookies that we use are;

Where you see a hash (#) symbol, it’s where we assign you a unique number, which helps us track your navigation around our properties, or to remember things like if you’ve clicked the cookie consent banner – this number cannot be used to identify you, unless you give us personal information whilst being tracked.

__cfduid: This is used by the content network Cloudflare, to identify trusted web traffic.

analytics.js: We use Google Analytics to help our understanding of how people use our properties. We take extra steps to prevent the collection of, and remove any personally identifiable information from Google’s platform when we are aware of its collection.

cookies.js: Determines whether the visitor has accepted the cookie consent box. This ensures that the cookie consent box will not be presented again upon re-entry.

crisp-client%2Fsession%2F#GUID#: This helps us remember you if you use our live chat service.

crisp-client/domain-detect/#: This helps us identify where you’re from when you use our live chat service.

WHMCS#: This keeps you logged in whilst using our hosting service.

Do Not Track signals

Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, this Website is not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your personal information.

Affiliates

We may disclose information about you to our affiliates for the purpose of being able to offer you related or additional products and services. Any information relating to you that we provide to our affiliates will be treated by those affiliates in accordance with the terms of this Privacy Policy.

Links to other websites

Our Website contains links to other websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other websites or third-parties. We encourage you to be aware when you leave our Website and to read the privacy statements of each and every website that may collect Personal Information.

Information security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Website cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.

Data breach

In the event we become aware that the security of the Website has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on the Website, send you an email.

Legal disclosure

We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and Personal Information will likely be among the assets transferred.

Changes and amendments

We may update this Privacy Policy from time to time in our discretion and will notify you of any material changes to the way in which we treat Personal Information. When changes are made, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any updated version of this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the Website or Services after the effective date of the revised Privacy Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Data in a manner materially different than what was stated at the time your Personal Data was collected.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may do so via the contact form on our websites.

This document was last updated on April 8, 2020

James Burns, trading as James Burns Creative/James Burns Hosting (hereinafter referred to as “Host”) AND you (hereinafter referred to as “Client”)

HAVE

entered into a Customer Master Agreement effective from the day you pay for any web hosting services of which this “Customer Hosting Product Agreement” is a part.

The Acceptance

By accepting the agreement and using the managed hosting services provided by the Host, the client agrees to be bound they the terms and conditions contained in the agreement.

The Services

The Host agrees to provide the Client with hosting services being ordered by the Client. The Host reserves the right to change or modify the service plan with 30 days written notice via email or postal service. Continued user of the Host’s services after receiving a notice indicates the Client’s acceptance of the modification, and the Client will be bound by the agreement.

The Agreement Term

The agreement will begin on the date of ordering services from The Host, and will continue through the end of the month indicated by the initial term. The agreement will be automatically renewed at the end of the initial agreement, or until terminated by the Host or the Client.

Termination without Cause

The Client can terminate the agreement at any time and for any reason, so long as they contact the Host through email or over the phone and request cancellation. When cancelled, the Host will not refund amounts already billed for the current service period. Amounts paid in advance will be refunded.

The Host can terminate the agreement at any time and for any reasons as well by providing email or postal mail notice of termination to the Client. The Host will provide 14 days notice before the termination takes effect.

Termination with Cause

The Client agrees to follow the terms of the agreement and the general use policies of the Host. The Host can change its policies with 30 days written notice to the Client. Violation by the Client of the terms of the agreement and the general use polices can result in immediate termination of the Client’s account. If the Host terminates the account because of policy violations, they will not refund any money billed during the billing period.

Payment Terms

The Client agrees to pay the Host for the monthly use of the managed hosting service. The Host has the right to modify or change the charges for the plan with 30 days written notice. The Client agrees to pay the Host’s invoices by their due date. Each invoice is sent within a reasonable timeframe of its due date. If the Client doesn’t pay within 5 days of the due date, the hosting service will be automatically suspended, and late fees at 10% of the invoice total per day unpaid, with a minimum of £10, unless otherwise agreed in writing.

Taxes

The Host is not liable for taxes and governmental fees in regards to purchases made by the Client or from the Host’s server. The Client agrees to be fully responsible for fees and taxes with products or services sold when using the managed hosting plan.

Harassment and Abuse via Email

The Host prohibits harassment through email. This can include but is not limited to size of email messages, frequency of messages, and abusive language. The Client is not allowed to send email to those who do not want to receive it. Clients are not allowed to send unsolicited junk mail messages or spam.

Security Violations

The Client is not allowed to violate, or to attempt to violate, the security of the network. Violations could result in criminal or civil liability, as well as termination of the Client’s agreement. The Host will investigate any such incidents and will work with law enforcement to prosecute the Clients who violate the network security.

Examples of violations include:

(1) Accessing data not intended for the Client, 

(2) Logging into a service or account where the Client should not have access, 

(3) Testing the vulnerability of the network,

(4) Taking action to use services the Client should not have access to,

(5) Interfering with the service network or the service of another Client.

Unlawful Use

The Client agrees that the managed hosting services will only be used for lawful purposes in accordance with local, state, and federal laws. Failure to abide by this rule will result in termination of the Client’s account.

Liability and Limitation of Damaged

The Client agrees that they are using the services provided by the Host at their own risk. The Host guarantees a 99% uptime for the Client. If the percentage falls below 99%, the Host will Credit the Client for 10% of the monthly service charge paid by the Client for every half hour that the service was down. The credit will be the Client’s only compensation for any downtime suffered. The Host will have no liability for any damages resulting from the downtime.

Lawyer’s Fees

If there are any legal actions that take place regarding the enforcement of the agreement, the prevailing party will be able to receive lawyer’s fees along with any other damages or money to which that party is entitled.

Acknowledgement of the Agreement Terms

The agreement here constitutes the relationship between the Host and the Client, and no other agreement or promise on the matter is enforceable. Only written changes with prior notification, as noted in this agreement, will make binding modifications. No oral agreements between Host representatives or Clients are binding.

A. General Use Policy

Acceptable use policy

These acceptable use policy (“Acceptable Use Policy”, “AUP”, “Policy”) is an agreement between James Burns Hosting (“James Burns Hosting”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Policy sets forth the general guidelines and acceptable and prohibited uses of the jamesburnshosting.co.uk website and any of its products or services (collectively, “Website” or “Services”).

Prohibited activities and uses

You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:

  • Distributing malware or other malicious code.
  • Disclosing sensitive personal information about others.
  • Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
  • Distributing pornography or adult related content.
  • Promoting or facilitating prostitution or any escort services.
  • Hosting, distributing or linking to child pornography or content that is harmful to minors.
  • Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.
  • Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.
  • Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
  • Facilitating pyramid schemes or other models intended to seek payments from public actors.
  • Threatening harm to persons or property or otherwise harassing behavior.
  • Purchasing any of the offered Services on someone else’s behalf.
  • Misrepresenting or fraudulently representing products or services.
  • Infringing the intellectual property or other proprietary rights of others.
  • Facilitating, aiding, or encouraging any of the above activities through our Services.

System abuse

Any User in violation of our Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

  • Use or distribution of tools designed for compromising security of the Services.
  • Intentionally or negligently transmitting files containing a computer virus or corrupted data.
  • Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
  • Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.

Service resources

You may not consume excessive amounts of the Services or use the Services in any way which results in performance issues or which interrupts the services for other Users. Prohibited activities that contribute to excessive use, include without limitation:

  • Deliberate attempts to overload the Services and broadcast attacks (i.e. denial of service attacks).
  • Engaging in any other activities that degrade the usability and performance of our Services.
  • Hosting or running malicious code or other scripts or processes that adversely impact our Services.
  • Operating a file sharing site or scripts for BitTorrent or similar, which includes sending or receiving files containing these mechanisms.
  • Web proxy scripts, such as those that allow anyone to browse to a third-party website anonymously, are prohibited.

No spam policy

You may not use our Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of our Services in any manner associated with the transmission, distribution or delivery of unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).

Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with our Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.

Sending emails through our Services to purchased email lists (“safe lists”) will be treated as SPAM. We may terminate the Service of any User who sends out SPAM with or without notice.

Defamation and objectionable content

We value the freedom of expression and encourage Users to be respectful with the content they post. We are not a publisher of User content and are not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. However, we reserve the right to moderate, disable or remove any content to prevent harm to others or to us or our Services, as determined in our sole discretion.

Copyrighted content

Copyrighted material must not be published via our Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. We may terminate the Service of Users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any User of the Services for the removal of any such material.

If you believe your copyright is being infringed by a person or persons using our Services, please send a report of the copyright infringement to the contact details listed at the end of this Policy. Your notice must include the following:

  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law.
  • A statement that the information in the notification 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 infringed.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Security

You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for our Services. You must protect the confidentiality of your login details, and you should change your password periodically. You are responsible for ensuring all User provided software installed by you on our Services is updated and patched following industry best practice. We make no warranty express or implied for the security and operability of 3rd party software or scripts installed or run by you on our Services.

Enforcement

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:

  • Suspending or terminating your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your account.
  • Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or our Services, as determined by us in our sole discretion.
  • Reporting violations to law enforcement as determined by us in our sole discretion.
  • A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.

Suspended and terminated User accounts due to violations will not be re-activated.

Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from our Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

Reporting violations

If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.

Changes and amendments

We reserve the right to modify this Policy or its terms relating to the Website or Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to it, you may do so via the contact form

This document was last updated on April 8, 2020

C. Additional Terms

a. WordPress Hosting:
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 Hosting accounts:

(1) WordPress Hosting is intended only for use with the WordPress software platform. The use of WordPress Hosting with any non-WordPress related software is unsupported and such use may not operate in accordance with the description of the service.

(2) Some WordPress add-on software is designed to function only on specific server configurations. Before installing any such software, customers are advised to contact Technical Support to ensure the desired add-on software will function in the WordPress Hosting environment. James Burns Hosting will not be responsible for losses of any kind or downtime resulting from the installation of incompatible add-on software.

(3) Domain names hosted on WordPress Hosting servers must use James Burns Hosting name servers for DNS resolution.

(4) We reserve the right to deny customer requests for changes to the standard WordPress Hosting configuration when we believe, in our sole discretion, that such changes to the configuration will severely inhibit the performance of the server.

(5) By installing WordPress, Subscriber acknowledges and agrees to (1) the Automattic Terms of Service located at (https://en.wordpress.com/tos/) with respect to Subscriber’s use of all Automattic products and services; and (2) the Automattic Privacy Policy located at (http://automattic.com/privacy/), including without limitation, Automattic’s collection of Subscriber’s data in accordance with the terms of its Privacy Policy.

James Burns, trading as James Burns Creative/James Burns Hosting (hereinafter referred to as “Host”) AND you (hereinafter referred to as “Client”)

HAVE

entered into a Customer Master Agreement effective from the day you pay for any web hosting services of which this “Customer Hosting Product Agreement” is a part.

The Acceptance

By accepting the agreement and using the managed hosting services provided by the Host, the client agrees to be bound they the terms and conditions contained in the agreement.

The Services

The Host agrees to provide the Client with hosting services being ordered by the Client. The Host reserves the right to change or modify the service plan with 30 days written notice via email or postal service. Continued user of the Host’s services after receiving a notice indicates the Client’s acceptance of the modification, and the Client will be bound by the agreement.

The Agreement Term

The agreement will begin on the date of ordering services from The Host, and will continue through the end of the month indicated by the initial term. The agreement will be automatically renewed at the end of the initial agreement, or until terminated by the Host or the Client.

Termination without Cause

The Client can terminate the agreement at any time and for any reason, so long as they contact the Host through email or over the phone and request cancellation. When cancelled, the Host will not refund amounts already billed for the current service period. Amounts paid in advance will be refunded.

The Host can terminate the agreement at any time and for any reasons as well by providing email or postal mail notice of termination to the Client. The Host will provide 14 days notice before the termination takes effect.

Termination with Cause

The Client agrees to follow the terms of the agreement and the general use policies of the Host. The Host can change its policies with 30 days written notice to the Client. Violation by the Client of the terms of the agreement and the general use polices can result in immediate termination of the Client’s account. If the Host terminates the account because of policy violations, they will not refund any money billed during the billing period.

Payment Terms

The Client agrees to pay the Host for the monthly use of the managed hosting service. The Host has the right to modify or change the charges for the plan with 30 days written notice. The Client agrees to pay the Host’s invoices by their due date. Each invoice is sent within a reasonable timeframe of its due date. If the Client doesn’t pay within 5 days of the due date, the hosting service will be automatically suspended, and late fees at 10% of the invoice total per day unpaid, with a minimum of £10, unless otherwise agreed in writing.

Taxes

The Host is not liable for taxes and governmental fees in regards to purchases made by the Client or from the Host’s server. The Client agrees to be fully responsible for fees and taxes with products or services sold when using the managed hosting plan.

Harassment and Abuse via Email

The Host prohibits harassment through email. This can include but is not limited to size of email messages, frequency of messages, and abusive language. The Client is not allowed to send email to those who do not want to receive it. Clients are not allowed to send unsolicited junk mail messages or spam.

Security Violations

The Client is not allowed to violate, or to attempt to violate, the security of the network. Violations could result in criminal or civil liability, as well as termination of the Client’s agreement. The Host will investigate any such incidents and will work with law enforcement to prosecute the Clients who violate the network security.

Examples of violations include:

(1) Accessing data not intended for the Client, 

(2) Logging into a service or account where the Client should not have access, 

(3) Testing the vulnerability of the network,

(4) Taking action to use services the Client should not have access to,

(5) Interfering with the service network or the service of another Client.

Unlawful Use

The Client agrees that the managed hosting services will only be used for lawful purposes in accordance with local, state, and federal laws. Failure to abide by this rule will result in termination of the Client’s account.

Liability and Limitation of Damaged

The Client agrees that they are using the services provided by the Host at their own risk. The Host guarantees a 99% uptime for the Client. If the percentage falls below 99%, the Host will Credit the Client for 10% of the monthly service charge paid by the Client for every half hour that the service was down. The credit will be the Client’s only compensation for any downtime suffered. The Host will have no liability for any damages resulting from the downtime.

Lawyer’s Fees

If there are any legal actions that take place regarding the enforcement of the agreement, the prevailing party will be able to receive lawyer’s fees along with any other damages or money to which that party is entitled.

Acknowledgement of the Agreement Terms

The agreement here constitutes the relationship between the Host and the Client, and no other agreement or promise on the matter is enforceable. Only written changes with prior notification, as noted in this agreement, will make binding modifications. No oral agreements between Host representatives or Clients are binding.

A. Acceptable Use Policy

These acceptable use policy (“Acceptable Use Policy”, “AUP”, “Policy”) is an agreement between James Burns Hosting (“James Burns Hosting”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Policy sets forth the general guidelines and acceptable and prohibited uses of the jamesburnshosting.co.uk website and any of its products or services (collectively, “Website” or “Services”).

Prohibited activities and uses

You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:

  • Distributing malware or other malicious code.
  • Disclosing sensitive personal information about others.
  • Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
  • Distributing pornography or adult related content.
  • Promoting or facilitating prostitution or any escort services.
  • Hosting, distributing or linking to child pornography or content that is harmful to minors.
  • Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.
  • Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.
  • Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
  • Facilitating pyramid schemes or other models intended to seek payments from public actors.
  • Threatening harm to persons or property or otherwise harassing behavior.
  • Purchasing any of the offered Services on someone else’s behalf.
  • Misrepresenting or fraudulently representing products or services.
  • Infringing the intellectual property or other proprietary rights of others.
  • Facilitating, aiding, or encouraging any of the above activities through our Services.

System abuse

Any User in violation of our Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

  • Use or distribution of tools designed for compromising security of the Services.
  • Intentionally or negligently transmitting files containing a computer virus or corrupted data.
  • Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
  • Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.

Service resources

You may not consume excessive amounts of the Services or use the Services in any way which results in performance issues or which interrupts the services for other Users. Prohibited activities that contribute to excessive use, include without limitation:

  • Deliberate attempts to overload the Services and broadcast attacks (i.e. denial of service attacks).
  • Engaging in any other activities that degrade the usability and performance of our Services.
  • Hosting or running malicious code or other scripts or processes that adversely impact our Services.
  • Operating a file sharing site or scripts for BitTorrent or similar, which includes sending or receiving files containing these mechanisms.
  • Web proxy scripts, such as those that allow anyone to browse to a third-party website anonymously, are prohibited.

No spam policy

You may not use our Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of our Services in any manner associated with the transmission, distribution or delivery of unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).

Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with our Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.

Sending emails through our Services to purchased email lists (“safe lists”) will be treated as SPAM. We may terminate the Service of any User who sends out SPAM with or without notice.

Defamation and objectionable content

We value the freedom of expression and encourage Users to be respectful with the content they post. We are not a publisher of User content and are not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. However, we reserve the right to moderate, disable or remove any content to prevent harm to others or to us or our Services, as determined in our sole discretion.

Copyrighted content

Copyrighted material must not be published via our Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. We may terminate the Service of Users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any User of the Services for the removal of any such material.

If you believe your copyright is being infringed by a person or persons using our Services, please send a report of the copyright infringement to the contact details listed at the end of this Policy. Your notice must include the following:

  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law.
  • A statement that the information in the notification 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 infringed.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Security

You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for our Services. You must protect the confidentiality of your login details, and you should change your password periodically. You are responsible for ensuring all User provided software installed by you on our Services is updated and patched following industry best practice. We make no warranty express or implied for the security and operability of 3rd party software or scripts installed or run by you on our Services.

Enforcement

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:

  • Suspending or terminating your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your account.
  • Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or our Services, as determined by us in our sole discretion.
  • Reporting violations to law enforcement as determined by us in our sole discretion.
  • A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.

Suspended and terminated User accounts due to violations will not be re-activated.

Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from our Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

Reporting violations

If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.

Changes and amendments

We reserve the right to modify this Policy or its terms relating to the Website or Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to it, you may do so via the contact form

This document was last updated on April 8, 2020

C. Additional Terms

a. WordPress Hosting:
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 Hosting accounts:

(1) WordPress Hosting is intended only for use with the WordPress software platform. The use of WordPress Hosting with any non-WordPress related software is unsupported and such use may not operate in accordance with the description of the service.

(2) Some WordPress add-on software is designed to function only on specific server configurations. Before installing any such software, customers are advised to contact Technical Support to ensure the desired add-on software will function in the WordPress Hosting environment. James Burns Hosting will not be responsible for losses of any kind or downtime resulting from the installation of incompatible add-on software.

(3) Domain names hosted on WordPress Hosting servers must use James Burns Hosting name servers for DNS resolution.

(4) We reserve the right to deny customer requests for changes to the standard WordPress Hosting configuration when we believe, in our sole discretion, that such changes to the configuration will severely inhibit the performance of the server.

(5) By installing WordPress, Subscriber acknowledges and agrees to (1) the Automattic Terms of Service located at (https://en.wordpress.com/tos/) with respect to Subscriber’s use of all Automattic products and services; and (2) the Automattic Privacy Policy located at (http://automattic.com/privacy/), including without limitation, Automattic’s collection of Subscriber’s data in accordance with the terms of its Privacy Policy.

This Domain Registration Agreement (“Registration Agreement”) is between you, the person or entity registering a domain or domains, and the Company (James Burns, trading as James Burns Hosting & James Burns Creative), as the sponsoring registrar, or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here. For all customers outside of India, “Company”, ”we”, “us” or “our” shall refer to P.D.R Solutions (U.S.) LLC, and for all customers in India, the same shall refer to Directi Web Technology Private Limited. By using the Company’s domain registration services (the “Services”), you agree to be bound by this Registration Agreement. Please read this agreement carefully.

We may modify, add, or delete portions of this Registration Agreement at any time. In such event, we will post a notice that we have made significant changes to this Registration Agreement on our website for at least 30 days after the changes are posted and will indicate at the bottom of this Registration Agreement the date these terms were last revised. Any revisions to this Registration Agreement will become effective (i) 30 -days after the notice for modification, addition or deletion has been posted or (ii) the first time you access or use the Services after such changes. If you do not agree to abide by this Registration Agreement, you are not authorized to use or access the Services.

You acknowledge and agree that the Company may modify this Registration Agreement with or without notice in order to comply with any terms and conditions set forth by Internet Corporation for Assigned Names and Numbers (“ICANN”) and/or the applicable registry administrators (“Registry Administrators”) for the top level domains (“TLD”) or country code top level domains (“ccTLD”).

Our Services

Your domain registration will be effective upon occurrence of all of the following:

You accept all terms and conditions of this Registration Agreement and the the Company’s Terms of Service and its ancillary documents;
The Company accepts (in its sole discretion) your domain registration application;
The Company receives payment of the registration, renewal and reinstatement fees, as applicable; and
The Company delivers the domain registration information you provide to the registry administrator for the applicable TLDs and the Registry Administrator puts into effect your domain registration application.

Limitation of Liability

You understand that the Company does not control all aspects of the domain registration process. For example, once you submit a domain registration, the Company forwards the information contained in the registration to the appropriate Registry Administrator for processing and actual registration of the name. The Company disclaims, and you agree, that the Company is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrator. The Company will not be held liable, nor refund a domain name registration due to spelling errors/typos.

Multiple Domain Registrations

The Company, in accordance with ICANN policies, reserves the rights to refuse to register multiple domain registrations.

Fees

Payment of fees as a condition to domain registration. As consideration for the domain registration service provided by the Company, you agree to pay the Company, prior to the effectiveness of the desired domain registration, all registration and other applicable fees as indicated via the payment method selected at the time of registration. All fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled or transferred prior to the end of your then-current registration term. It is the responsibility of the listed registrant for the domain name to maintain records appropriate to document and prove the initial domain name registration date.

Reservation of right to modify fees.

The Company reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time with 30 days’ notice, for any reason, at its sole discretion.
Credit card charge-backs for domain registrations. In the event of a charge-back to the Company by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to the Company, as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. the Company also reserves the right to lock your account and the remainder of your domains until we receive your payment of any administrative fees and/or chargeback fees. In the Company’s sole discretion, we may reinstate your domain registration, subject to the Company’s receipt of the registration fee and any administrative and/or chargeback fees described above.
Credit card charge-backs for non-domain registration services. In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until we receive your payment of any administrative fees and/or chargeback fees. In the Company’s sole discretion, we may reinstate your services, subject to the Company’s receipt of the non-domain registration fee and any administrative and/or chargeback fees described above.
Required Domain Registration Information
Registration information. As part of the domain registration process and in accordance with ICANN policies, a Registered Name Holder is required to submit, and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the “Registration Information”):
The domain registrant’s name and postal address;
The domain being requested;
Administrative contact information, including the name, postal address, email address, telephone number, and where available, fax number of the administrative contact for the domain; and
Technical contact information, including the name, postal address, email address, telephone number, and where available, fax number of the technical contact for the domain; and
Billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain.
Additional registration information. In addition, in accordance with ICANN policies, the Company is obligated to submit and keep current, complete and accurate additional information relating to a domain registration, which may include the following (collectively, “Additional Registration Information”):
The original creation date of the domain registration;
The submission date and time of the registration to us and by us to the proper registry;
Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
Account records for your domain registration, including dates and amounts of all payments and refunds;
The IP addresses of the primary nameserver and any secondary nameservers for the domain;
The corresponding names of those nameservers;
The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain;
The name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain;
The expiration date of the registration; and
Information regarding all other activity between you and us regarding your domain registration and related services.

Use of Registration Information and Additional Registration Information.

You agree and acknowledge that the Company will make available the Registration Information and the Additional Registration Information to ICANN; to other third party Registry Administrators such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International; and as applicable laws may require or permit. Additionally, you acknowledge and agree that ICANN and the Registry Administrators may establish guidelines, limits and/or requirements that relate to the amount and type of information that the Company may or must make available to the public or to private entities, and the manner in which such information is made available. Further, you hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your registration of the domain. Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise or have arose from such disclosure or use of your Registration Information and the Additional Registration Information.
Information updating and accuracy obligations. As a condition to continued registration of your domain, you must provide us with updated Registration Information within seven (7) days of any changes to such information. You may review, modify or update your Registration Information by accessing the Company’s domain manager service, domain management console or similar service, made available at our website. In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information within seven (7) days of any change, then you will be in material breach of this Registration Agreement and we may in our sole discretion cancel your domain registration. You further agree that your failure to respond within ten (10) days to any inquiry by the Company concerning the accuracy of the Registration Information or to contact the Company immediately upon discovery of any willful inaccuracy (including, e.g., phone number listed as 000-0000) associated with your domain registration shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of your domain registration. You further represent that you have obtained consent from any third-party individuals whose personal data you have provided as Registration Information.
Information requirements for renewals. Upon renewal of your domain registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your domain registration may not be renewed.

Ownership of data.

You agree and acknowledge that the Company owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database (“Domain Database”), and all information and derivative works generated from such Domain Database, which contains Registration Information and Additional Registration Information. You further agree and acknowledge that the Company may use the following information for those domain registrations for which we are the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (d) any remarks concerning the registered domain that appear or should appear in the WHOIS or similar database; and (e) any other information the Company generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. The Company does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database. The Company agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration or destruction.
Registrant Verification. You understand and agree that Registrar is required to verify the Registered Name Holder’s email address within 15 days of any registration, transfer, or change to the Registered Name Holder’s contact information. The Domain Name Holder’s failure to verify the contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).
In addition, you understand and agree that Registrar is required to verify any changes to any WHOIS contact information within 15 days of any change. The Domain Name Holder’s failure to verify such changes within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

Domain Privacy Service
If you purchased domain privacy services (“Domain Privacy”), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by the Company as determined in its sole discretion (the “Private WHOIS Contact Information”).
Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.
The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. The Company may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.
Notwithstanding anything to the contrary, you agree that the Company may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize the Company to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that the Company is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first class U.S. postal mail; however, the Company will NOT forward “junk” mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize the Company to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded or referred to you by the Company.
If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.
Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search. Domain Privacy renewals after initial purchase will be at the standard list price, which is available by logging in to your account.
The Company expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you:
To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;
To comply with ICANN’s Uniform Domain Name Dispute Resolution Policy;
To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party’s trademark, trade name, or other legal rights;
In the event you breach any provision of this Registration Agreement or any other agreement you’ve entered into with the Company, including, but not limited to, the Terms of Service;
To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;
To avoid any financial loss or legal liability (civil or criminal) on the part of the Company, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;
To prevent inappropriate activity that comes to the Company’s attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.
Pursuant to paragraph 3.7.7.3 of ICANN’s Registrar Accreditation Agreement (“RAA”), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing the full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for any harm caused by wrongful use of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder reasonable evidence of actionable harm.

Domain Parking
Upon registration, the domain will be automatically placed on name servers provided by the Company, and Internet users that type in the domain will be redirected to a “coming soon” page (collectively, “parking a domain” or a “parked domain”). There is no charge for parking a domain. You hereby consent to and authorize the Company’s placement of a “coming soon” page, and its associated contents, on your parked domain. You may change the name server configuration (or “un-park” the domain) after the registration is complete. If you need to register name servers using the domains that you are currently registering, the names will initially be parked with the Company until you modify the name servers after the domain registration is complete, using your account manager.
In the event your domain registration expires, your registration is no longer valid. If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an “expired” page (collectively, “parking a domain” or a “parked domain”). There is no charge for the parked domain. By not renewing the domain, the Company may place an “expired” page, and its associated contents, on the parked domain. You may change the name server configuration (or “un-park” the domain) after the renewal is complete. If you need to register name servers using the domains that you are currently renewing, the names will initially be parked with the Company until you modify the name servers after the domain renewal is complete, using your account manager.

The “coming soon” and/or “expired” pages may contain advertisements and other materials selected by the Company, in the Company’s sole discretion. This may include, but is not limited to third-party websites, third-party product and service offerings, and/or Internet search engines. The Company reserves the right to collect and retain all revenue obtained from such advertising and other materials.
DNS Wildcard. In the event you utilize the Company’s DNS management services and fail to configure a wildcard DNS for your domain, the Company may insert wildcard DNS records to resolve subdomains of your domain that would not otherwise resolve. The Company may point those subdomains to a web page that may contain advertisements and other materials selected by the Company in the Company’s sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines.

Registration Renewal
Renewal obligations. You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. the Company shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.
You may be notified at the Company’s sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by such other method as we indicate in the renewal form. If your billing information is not accurate, you are solely responsible for the failure to renew.

Autorenewal.

You agree that if you paid for any services provided hereunder by credit card or other payment service (such as PayPal), you hereby authorize but do NOT obligate, the Company to automatically charge your credit card or payment service account and renew the applicable service(s) on or before their renewal date using the credit card or other acceptable payment information you have provided to the Company, unless you notify the Company that you do not wish to participate in the Company’s automatic renewal process. The Company must receive notification of your intent to not renew (opt-out) no later than sixteen (16) days prior to the renewal date. In the absence of such notification from you, the Company will automatically renew, for a period of one (1) or two (2) years, as set forth by the applicable registry depending on the TLD or ccTLD of your domain name, any domain that is up for renewal and will charge the credit card or payment service account you have on file with the Company, at the Company’s then current rates. You are solely responsible for the credit card or other payment information you provide to the Company and must promptly inform the Company of any changes thereto (e.g., change of expiration date or account number). If the credit card or payment service account has expired or is otherwise invalid, you are solely responsible for a failure to renew and the Company shall not be liable for your failure.
Expired domain names. You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer (“ED Transfer”).

New customers through domain auction or brokerage partners and/or ED Transfers. If you are registering a domain name that was registered with, and not yet deleted by, the Company at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of an ED Transfer (defined above). You will not be compensated for the inability to use the domain from the time it was expired until the time you are able to use the domain in your account. NOTE: You may not transfer your domain name to another Registrar for sixty (60) days from the date of any previous transfer.

Domain Dispute Resolution Policy

You agree to be bound by the appropriate domain dispute resolution policy (“Dispute Policy”) applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which can be found here. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Registration Agreement. Certain disputes are subject to the applicable Dispute Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold the Company harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. The Dispute Policy may be modified at any time by ICANN or the applicable Registry Administrator, and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the second level domain (“SLD”) name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder’s domicile and (2) where registrar is located. In addition, you agree to the rules of ICANN’s Uniform Rapid Suspension (“URS”) and to submit to any proceedings commenced pursuant to the URS, if applicable.

Change of Registrant Of Domains
Change of Registrant. Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant’s name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN’s Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
We are required to deny a change of registrant for any of the following reasons:
the domain name registration agreement has expired and the registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar;
the change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or
the domain name is subject to a domain name dispute proceeding, including, but not limited to, the following:
Uniform Domain-Name Dispute-Resolution Policy (UDRP) (https://www.icann.org/resources/pages/help/dndr/udrp-en);
Uniform Rapid Suspension (URS) (https://www.icann.org/resources/pages/urs-2014-01-09-en);
Registrar Transfer Dispute Resolution Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en);or
a court order.
Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request.
Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant.
Designated Agent. You hereby explicitly authorize us to act as “Designated Agent” to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with and pursuant to the requirements of ICANN’s Transfer Policy.
Transfer of registration to another registrant. The entity or person named as the “registrant” at the time the controlling user name and password are secured shall be the registrant of the domain. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, the Company reserves the right to enforce any amount published for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of ownership of the domain, the party to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Registration Agreement. Your domain will not be transferred until we receive such written assurances (or reasonable assurance as determined by the Company in its sole discretion) and actual payment of the transfer fee, if any is imposed. You acknowledge and agree that if you attempt to transfer your domain registration without paying the Company the amount published for the transfer of ownership of a domain, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain.
When changing the name of registrant within the Company, you agree that at the Company’s discretion, the domain name may be changed back to the registrant listed immediately prior to the change upon written (email is acceptable) request within five (5) days (or such reasonable time as determined at the Company’s discretion) by registrant that was listed immediately prior to change or in the event of suspected fraud in connection with the change of the registrant name as determined by the Company in its sole discretion.

Transfer of registration to or from another registrar.

When transferring a domain name into the Company as the new registrar of record and simultaneously changing the name of registrant or subsequently changing the name of registrant, you agree that the domain name may be re-transferred back to the losing registrar upon written (email is acceptable) request by registrant that was listed immediately prior to transfer or upon request by losing registrar or in the event of suspected fraud in connection with the transfer as determined by the Company in its sole discretion. At the time of transfer into the Company, you must complete all required information requested through the online transfer application, i.e., contact information, nameserver information, etc. the Company may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar.
RESTRICTIONS ON REGISTRAR TRANSFERS. For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into the Company. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to the Company for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by the Company to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Transfer Policy (available here).
For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Transfer Policy (available here).

Agents and Licensing

You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Registration Agreement, including the applicable Dispute Policy. The name listed as registrant of the domain or the appropriate officer of a listed Organization (at the Company’s discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing). Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Registration Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you accept liability for any actions of the licensee using the domain unless you promptly disclose the current contact information provided to you by the licensee and the identity of the licensee to any party providing reasonable evidence of actual harm.

Representations and Warranties

In the event that, in registering the domain, you are providing information related to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Registration Agreement, and (b) that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.

Indemnification

Indemnification of the Company. You will indemnify, hold harmless, and defend the Company and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, the Registry Administrators, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the “Indemnified Parties”) from any and all Claims. “Claim” means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and costs)), which arises out of: (a) your breach of this Registration Agreement or any of the Company’s policies applicable to this domain registration or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). “Reasonable attorneys’ fees and costs” as used in this Section 13 includes without limitation fees and costs incurred to interpret or enforce this Section 13. the Company may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. The Company will provide you with reasonably prompt notice of any Claim.
Indemnification of ICANN and Registry Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs and any other expenses arising out of or related to your domain registration and any disputes regarding same. Some Registry Operators may not allow this indemnification provision to apply, as contained herein; in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.

These indemnification obligations shall survive the termination or expiration of this Registration Agreement.
Warranty Disclaimer; Limitation of Liability
Disclaimer of warranty. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.
Limitation of liability. YOU AGREE THAT THE COMPANY AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ REASONABLE CONTROL; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. THE COMPANY AND THE INDEMNIFIED PARTIES ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION.

Term and Termination

Term. The term of this Registration Agreement commences on the day you accept this Registration Agreement to the day until the occurrence of any of the following: (a) your domain registration is cancelled; (b) your domain is transferred to a third party; or (c) your domain expires or is terminated (in accordance with Section 15.c, below) (collectively, “Termination”). Your obligation to pay any fees or other amounts under this Agreement which arose prior to expiration or other termination of this Registration Agreement shall survive any such expiration or termination.
Domain suspension, cancellation or transfer. You acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, “Cancellation”) (a) to correct mistakes by the Company, another registrar, or a Registry Administrator in administering the domain name or (b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure. It is your responsibility to verify if any domain is infringing anyone else’s rights, prior to registration. If the domain name you have registered is found to be infringing on another person’s rights, determined in the Company’s discretion, the Company has the right to cancel your registration immediately. If you are in willful violation of our agreement, you will not be entitled to any refund. You also agree that the Company shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain registration upon up to seven (7) calendar days prior notice or after such time as the Company receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain registration.

Termination.

The Company reserves the right to suspend, cancel, transfer or modify your domain registration if: (a) you materially breach this Registration Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by the Company; (b) you use the domain to send unsolicited email, in violation of this Registration Agreement or applicable laws; (c) you use your domain in connection with unlawful activity; or (d) you otherwise violate this Registration Agreement as determined by the Company in its sole discretion. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.
Survival. The following provisions will survive Termination or Cancellation of this Registration Agreement: Sections 2, 9, 12, 13, 14, 15 and 16.
Additional Terms

Personal Data.

The Company incorporates its Privacy Policy by reference. Please read our Privacy Policy by clicking here. In addition, you hereby represent that you have provided the Company’s Privacy Policy to any person whose personal data you disclose to the Company and that you have obtained their consent to the foregoing.
Governing law; jurisdiction. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Registration Agreement, your rights and obligations and all actions contemplated by this Registration Agreement shall be governed by as follows. 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 upon 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 upon 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.

Arbitration.

Your use of the Services is also governed by the following:
Unless you are in India, you also hereby agree to the Company’s Arbitration Agreement, which is incorporated into this Agreement by reference and can be found here.

Alternatively, 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 Mumbai, 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 first recommendation for an arbitrator in written form for a party to the other. If the parties fail to agree on 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 are 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.

Notices.

You agree that any notices required to be given under this Registration Agreement by the Company to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

Relationship.

The Company and you are independent contractors and nothing contained in this Registration Agreement places the Company and you in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Waiver.

No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Registration Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

Severability.

If any provision or portion of any provision of this Registration Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Assignment.

You may not assign or transfer this Registration Agreement or any of your rights or obligations hereunder, without the prior written consent of the Company and/or without using the Company’s domain transfer process in compliance with ICANN’s policies. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. The Company may assign its rights and obligations under this Registration Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Registration Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. You agree that the Company may transfer your domain name from one accredited registrar to another accredited registrar without requiring your consent, to the extent not prohibited by ICANN or applicable registry rules or by applicable law.

Intellectual property.

Except for your Content (as defined above), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Company Content”), are the proprietary property of the Company. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purposes in any form or by any means, in whole or in part, other than as expressly permitted in this Registration Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of the Company Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the services and the Company Content granted herein. All rights of the Company or its licensors that are not expressly granted in this Registration Agreement are reserved to the Company and its licensors.

Entire agreement.

This Registration Agreement, and the attachments and documents referenced herein, including but not limited to the applicable Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and the Company, and supersede and govern all prior proposals, agreements, or other communications with respect to the subject matter hereof.

Here are our supplemental polices for services not exclusively related to hosting:

Platitudes are cheap. We’ve all heard services say they’re committed to “diversity” and “tolerance” without ever getting specific, so here’s our stance on it:

You are welcome here. We believe in being inclusive, welcoming, and supportive of anyone who comes to us with good faith and the desire to build something awesome together.

We welcome people of any gender identity or expression, race, ethnicity, size, nationality, sexual orientation, ability level, neurotype, religion, elder status, family structure, culture, subculture, political opinion, identity, and self-identification. We welcome activists, artists, bloggers, crafters, dilettantes, musicians, photographers, readers, writers, ordinary people, extraordinary people, and everyone in between. We welcome people who want to change the world, people who want to keep in touch with friends, people who want to make great art, and people who just need a break after work. We welcome fans, geeks, nerds, and pixel-stained technopeasant wretches. (We welcome Internet beginners who aren’t sure what any of those terms refer to.) We welcome you no matter if the Internet was a household word by the time you started secondary school or whether you were already retired by the time the World Wide Web was invented.

We welcome you. You may wear a baby sling, hijab, a kippah, leather, piercings, a pentacle, a political badge, a rainbow, a rosary, tattoos, or something we can only dream of. You may carry a guitar or knitting needles or a sketchbook. Conservative or liberal, libertarian or socialist — we believe it’s possible for people of all viewpoints and persuasions to come together and learn from each other. We believe in the broad spectrum of individual and collective experience and in the inherent dignity of all people. We believe that amazing things come when people from different worlds and world-views approach each other to create a conversation.

We get excited about creativity — from pro to amateur, from novels to haiku, from the photographer who’s been doing this for decades to the person who just picked up a sketchbook last week. We support maximum freedom of creative expression, within the few restrictions we need to keep the service viable for other users. With servers in the UK we’re obliged to follow UK laws, but we’re serious about knowing and protecting your rights when it comes to free expression and privacy. We will never put a limit on your creativity just because it makes someone uncomfortable — even if that someone is us.

We think accessibility for people with disabilities is a priority, not an afterthought. 

We have enough experience to know that we won’t get any of this perfect on the first try. But we have enough hope, energy, and idealism to want to learn things we don’t know now. We may not be able to satisfy everyone, but we can certainly work to avoid offending anyone. And we promise that if we get it wrong, we’ll listen carefully and respectfully to you when you point it out to us, and we’ll do our best to make good on our mistakes.

We think our technical and business experience is important, but we think our community experience is more important. We know what goes wrong when companies say one thing and do another, or when they refuse to say anything at all. We believe that keeping our operations transparent is just as important as keeping our servers stable.

We use the service we’re selling, and we built it because we wanted it ourselves. We won’t treat people as second-class undesirables because they’re non-mainstream or might frighten advertisers. You’re people. And that will never change.

This diversity statement is an adapted version of Dream Width’s statement.

We offer unlimited website support for a low monthly subscription fee. This is in addition to services such as backups and monitoring, variations of which are offered for free or as part of a paid plan. Website support subscriptions are on a per-site basis.

Our Commitment

We see ourselves as your in-house support team. We can do updates, tasks, changes and fixes on your website, hosting, domain or associated service. This may be a problem you want to solve, a new feature you want to add, a specific tasks such as a migration, or some other website task that does not extend to full website design or development.

A single task is something we think that can completed in approximately two hours or less. We have found that this estimation means we can cover the vast majority of requested tasks, including migrations, updates, bug fixes, malware cleanups and more.

We will do our best to provide a solution with the access you give us. Our solution may involve a direct fix, a workaround, advice, or a combination. We will explain our actions and why.

We will ensure that backups are taken before any work we do commences, or that you understand the risks if they are not taken.

If you are unhappy for whatever reason: for instance, if we fail to fix an issue, if we refuse to do a job you think should be included, or if we take too long; we will refund your monthly fee directly to your payment source.

Maintenance agreements are a best effort service. Ultimately, there are problems that may be unfixable. We will do our best to suggest workarounds and give advice, but even we cannot solve unsolvable problems. We promise to try our best.