This Web Hosting Agreement (this “Agreement”) is made by and between WEBIRIOUS LLC (“WEBIRIOUS LLC” or “we” or “our” or “us”) formed under the laws of the State of Delaware with its principal office at Wilmington in USA, and you (“Customer” or “user” or “you” or “your”), individual or legal person, who signs WEBIRIOUS LLC’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of Web Hosting Services (“Services”) at HOSTATIQ.HOST which owns and operates by WEBIRIOUS LLC.
If you do not have an intention to completely agree to and bodily follow those Terms of Services, you shall not use our Services or even engage in any ordering and transaction process.
If you are a current WEBIRIOUS LLC Customer and do not agree with the Terms of Services, partially or in its entirety, you must immediately cancel your Services by following valid cancellation protocol or contact WEBIRIOUS LLC support.
Table of Contents
- Customer Information
- Disclaimer of Warranties
- Limitation of Damages
- Suspension/Termination of Services
- Refusal of Services
- Fraud Protection
- Request for Customer Information
- Back Up
- Modification of Services
- Disk Space and Data Transfer (Bandwidth)
- Domain Names
- Changes to WEBIRIOUS LLC’s Network
- Force Majeure
- Governing Law/Disputes and Arbitration
- Emsisoft® Added Value
- Upgrade/Downgrade of Services
Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of WEBIRIOUS LLC’s approval requirements, WEBIRIOUS LLC agrees to provide the web hosting Services described in the Order for the fees stated in the Order.
(a) Effective Date
This Agreement becomes effective at the same moment during the order process that you click on, “I have read and agree to the Terms of Service” (“Effective Date“), regardless if the initial order invoice has been paid or not. The same is valid if you register a user account without ordering any Services.
(b) Service Commencement Date
The initial service term of the Agreement shall start on the date that WEBIRIOUS LLC activates Customer account and generates an email message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months or years stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three (3) successive renewal terms of the same length as the Initial Term (each a “Renewal Term”), unless WEBIRIOUS LLC or you specifically express non-renewal (terminate) intention as per procedure stated in this Agreement. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
(c) Modifications of the Term
Only WEBIRIOUS LLC may modify and/or submit changes to this Agreement through either an officially published update at www.hostatiq.host/terms-and-condition, or by written amendment by a WEBIRIOUS LLC certified official or officer.
Agreement stays effective with its full legal force in an ongoing, perpetual manner, until Customer or WEBIRIOUS LLC select to terminate Agreement according to valid termination procedure following the prescribed clause in this Agreement.
Accepted payment methods by WEBIRIOUS LLC are PayPal, 2CO and credit card payments. No other payment method will be accepted whatsoever.
Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable.
Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly, annually, biennially or triennially as indicated on the Order, beginning on the Service Commencement Date. On a new Customer account, for first-time order(s) and for the first billing cycle, WEBIRIOUS LLC require payment in advance, before its Services can be started. If the Order provides for PayPal, 2CO or credit/debit card billing, Customer authorizes WEBIRIOUS LLC to bill subsequent fees to the PayPal, 2CO or credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise WEBIRIOUS LLC will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees are issued 14 days before each billing cycle, and the fees shall be due, at the latest, on the 1th day or earlier than the 1th day of each billing cycle.
Payments must be made in United States dollars. Customer is responsible for providing WEBIRIOUS LLC with changes to billing information, such as credit card expiration, change in billing address or other information crucial for an uninterrupted billing process. WEBIRIOUS LLC may suspend the Services without notice if payment for the Services is overdue. Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. Customer agrees to pay WEBIRIOUS LLC’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay WEBIRIOUS LLC’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
(b) Fee Increases
WEBIRIOUS LLC may increase its fees for Services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least seven (7) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in clause Termination above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms. In the unlikely event that Customer is not given seven (7) days notice prior to the beginning of the Renewal Term regarding increased fees, Customer may give notice of non-renewal effective immediately.
At WEBIRIOUS LLC’s request, Customer shall remit to WEBIRIOUS LLC all sales, VAT or similar tax imposed on the provision of the Services (but not in the nature of an income tax on WEBIRIOUS LLC), regardless of whether WEBIRIOUS LLC fails to collect the tax at the time the related Services are provided.
(d) Early Termination
Customer acknowledges that WEBIRIOUS LLC may terminate this Agreement at any time if Customer violates this Agreement or the Acceptable Use Policy posted at https://www.hostatiq.host/terms-of-services.html#aup (the “AUP”), which is hereby incorporated by reference in this Agreement. In the event WEBIRIOUS LLC terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for WEBIRIOUS LLC’s breach, no refund will be given whatsoever, even for the remaining Initial Term or then-current Renewal Term, as applicable.
(e) Grace Period
All invoices shall be paid in full before or on the 1th day of their invoiced due date, which shall correspond with Services renewal date based on the original Order Initial Term. All accounts invoices will be given a seven (7) days grace period. If after seven (7) days invoice still remains unpaid, Customer Services may be suspended and the Customer may be subject to a $10.00 late fee (“Late fee”), which will automatically be added to past due invoice(s). Services that have fourteen (14) or more days due invoices may be subject for permanent termination.
WEBIRIOUS LLC cannot be held responsible for any negative implication as a result of Customer, account or Service suspension/termination. Customer will need to pay all past due invoices before WEBIRIOUS LLC can restore its Services, or/and before Customer can order new Services.
WEBIRIOUS LLC billing system will automatically generate and send out invoices and payment reminders by email only.
For all web hosting related Services billed annually, biennially or triennially, an invoice will be generated and sent to Customer fourteen (14) days before its due payment date, that is to say, fourteen (14) days before the Services renewal date based on original Order Initial Term.
For all web hosting related Services billed monthly, an invoice will be generated and sent to Customer seven (7) days before its due payment date, that is to say, seven (7) days before the Services renewal date based on original Order Initial Term.
For all domain renewals, system will generate and dispatch email-based reminders as following: First renewal notice by sixty (60) days, second renewal notice by thirty (30) days, third renewal notice by fifteen (15) days, fourth renewal notice seven (7) days and fifth renewal notice one (1) day before the domain’s renewal date.
Despite advanced systems for email delivery, it is always possible that some email messages will not reach their destinations, or get trapped in Customer’s SPAM box. It is in that manner solely Customer’s responsibility to keep track of renewals and invoice due dates, which can be done by logging into Customer’s client area. To invoke a “lost email” from WEBIRIOUS LLC as a reason for late payments, or as reason to demand a suspended account be activated before the full amount for its past due invoice has been cleared will not be accepted.
Depending on your primary payment method online, if you have a credit card on file, WEBIRIOUS LLC will automatically collect the invoiced funds at least fourteen (14) days before the invoiced due date for all invoices with annually, biennially and triennially billing Term, and at least seven (7) days before the invoiced due date for all invoices with monthly billing Term.
The same is valid if a Customer uses a payment subscription model through PayPal or 2CO in order to automate by billing Term set payments to WEBIRIOUS LLC. It is a Customer responsibility to keep the recurring PayPal or 2CO subscription information current and to ensure that it is sending a correct amount to the correct destination. It is a Customer responsibility to cancel such recurring payment subscription in the event of account cancellation, regardless of the reason. WEBIRIOUS LLC do not have an obligation to track down wild-track transactions, nor to refund them.
To avoid misunderstanding and to protect Customer integrity and the safety of the Customer account, cancellation request must exclusively be done by logging into user area and initiating cancellation request. No other methods for cancellation will be accepted whatsoever.
(i) Money Back Guarantee
Customer can claim our 111 Day Money Back Guarantee by, at the latest, cancelling its web hosting account seventy two (72) hours before the elapse of the one hundred and eleventh (111) day counting from the Effective Date starting point.
Our money back policy is valid for web hosting plans only. Money back policy does not apply to domain registrations, domain activations, domain renewals, domain transfers and/or domain restore and setup fees. WEBIRIOUS LLC reserves the right to refuse a refund at any time for any or no reason at all.
If a chargeback claim arises from a bank, PayPal, 2CO, credit card processor or other financial institution toward WEBIRIOUS LLC, Customer account and all its Services will immediately be suspended without prior notice during the chargeback investigation process. Furthermore, we will require a Customer to compensate us with a $65 chargeback fee to cover expenses passed over to us by said financial institution, and for our own investigation and/or other possible outstanding balances resulting from a chargeback claim. Client must compensate WEBIRIOUS LLC with this fee before Customer account and its Services can be restored.
(k) Billing Disputes and Billing Errors
Any billing issues and claims shall be addressed to WEBIRIOUS LLC Billing Department by opening a support ticket from Customer account area at www.hostatiq.host/. All communication in this matter shall be done through our help desk.
We will under no circumstances accept “friendly” chargebacks as an attempt to address any billing issue or as an attempt to utilize our money back guarantee. Such chargeback will be treated as a standard chargeback with all possible business relation and legal consequences described in the Chargebacks clause above. Third party fees, such as transaction cost, exchange rates cost, etc, can never be a part of billing dispute and they are non-refundable.
Customer agrees to use the service in compliance with applicable law and the AUP. Customer agrees that WEBIRIOUS LLC may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on WEBIRIOUS LLC’s earlier notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with WEBIRIOUS LLC’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between WEBIRIOUS LLC and Customer regarding the interpretation of the AUP, WEBIRIOUS LLC’s commercially reasonable interpretation of the AUP shall govern.
5. Customer Information
Customer represents and warrants to WEBIRIOUS LLC that the information he, she or it has provided and will provide to WEBIRIOUS LLC for purposes of establishing and maintaining the Service is accurate. If Customer is an individual, Customer represents and warrants to WEBIRIOUS LLC that he or she is at least 18 years of age. WEBIRIOUS LLC may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to defend, indemnify and hold harmless WEBIRIOUS LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s Services in violation of applicable law or the AUP by Customer or any person using Customer’s logon information, regardless of whether such person has been authorized to use the Services by Customer.
7. Disclaimer of Warranties
WEBIRIOUS LLC DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW. WEBIRIOUS LLC DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
8. Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF WEBIRIOUS LLC AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE (3) MONTHS OF SERVICE.
CUSTOMER ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR INTERACTIONS WITH END USERS OF CUSTOMER’S SITE OR SERVICE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, CUSTOMER HEREBY RELEASES WEBIRIOUS LLC FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF AN END USER, ANY ACTION OR INACTION BY AN END USER, INCLUDING END USER’S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY END USER.
9. Suspension/Termination OF SERVICES
(a) Suspension of Service
Customer agrees that WEBIRIOUS LLC may suspend or terminate Services to Customer without notice and without liability if: (i) WEBIRIOUS LLC reasonably believes that the Services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) WEBIRIOUS LLC reasonably believes that the suspension of service is necessary to protect its network or its other Customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay WEBIRIOUS LLC’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if WEBIRIOUS LLC fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by WEBIRIOUS LLC prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days’ notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within two (2) days’ of a written notice from WEBIRIOUS LLC describing the violation in reasonable detail; (iii) upon one (1) day’s notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) day’s notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days’ advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
10. Refusal of services
WEBIRIOUS LLC accepts Customers and Orders worldwide, with some exceptions.
As a US based registered legal entity, WEBIRIOUS LLC have a legal obligation to comply with OFAC regulations. The Office of Foreign Assets Control administers and enforces economic sanctions against countries and groups of individuals, such as terrorists and narcotics traffickers. That is limiting WEBIRIOUS LLC to accept and process Customers and Orders from the countries, companies or individuals the subject of, but not limited to, a US FOAC regulations. WEBIRIOUS LLC will not, under any circumstances, accept Orders or attempt of any other business transaction from such restricted and prohibited parties.
WEBIRIOUS LLC reserve the right to by its own judgment refuse the Service to any Customer or non-current Customer. WEBIRIOUS LLC reserve the right to, by its own judgment limit, cancel, suspend or terminate access to part of a comprehensive network and/or Services for a Customer with or without any specific reason, with or without notice.
WEBIRIOUS LLC do strictly impose a Netiquette as a norm for all its communication with the surrounding world. That means WEBIRIOUS LLC have absolutely ZERO tolerance about messages containing, but not limited to, threats, harassment, offensive and vulgar language, discriminatory comments, etc. posted to our staff.
Any attempt to use a blackmail method to force WEBIRIOUS LLC to act in specific way or to fulfill specific demands to solve some imaginary or real issue or problem related to or unrelated to Services and Order, including but not limited to, billing disputes, support tickets, chargebacks, etc. will not be accepted.
Any attempt to threaten WEBIRIOUS LLC with, but not limited to, legal actions, with physical or software attack on any part of our leadership, staff force, affiliates, network, installations, office facilities, with threat about publicly post, with chargeback demand, spreading negative connotations rumors and untruth information on publicly or private message boards and social media, with harming our reputation or in other ways harm our business integrity, etc. will not be accepted.
WEBIRIOUS LLC reserve the rights to, after one (1) warning issued by our Legal department, suspend, and/or cancel the Customer account and the Services that violates our Netiquette policy, without issuing any refund.
12. Fraud Protection
WEBIRIOUS LLC use both automatic and manual anti-fraud screening methods to ensure safety and integrity of our network, Customers, Order and Services. Therefore, WEBIRIOUS LLC reserve the right to perform a due-diligence KYC procedure for new Customers, but also current Customers as well. You may be asked to submit a copy of a utility bill, copy of a valid ID, copy of a credit card or similar, before being granted access to your account and before ordered Services can be activated in their full range per terms for Service Commencement Date.
If a fraud screening is necessary for your account, it can delay an activation and provision of your order for up to 48 hours AFTER all necessary documents have been submitted to WEBIRIOUS LLC on your part. It is very important to submit required documents, otherwise your Order will be denied and all submitted account information may automatically be marked as fraudulent through the global anti-fraud network to which we are connected.
No Customer request for an eventual refund per the terms in our money back guarantee or an eventual cancellation request of Customer account and/or its Services will be processed before the anti-fraud screening has been completed.
13. Request for Customer Information
Customer agrees that WEBIRIOUS LLC may, without prior notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that WEBIRIOUS LLC reasonably and in good faith believes violates applicable law, and (ii) provide any information that it has about Customer or any of its Customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
14. Back Up
All content of Customer’s account, as html and php files, scripts, images, etc. is solely Customer’s responsibility.
WEBIRIOUS LLC do perform automatic daily, weekly and monthly backups of all its user accounts to external backup facilities. WEBIRIOUS LLC do not offer any warranty or guarantee that this process is flawless or that it will be possible to restore such backups made by WEBIRIOUS LLC backup software architecture.
Customer agrees to maintain a current copy of all content hosted by WEBIRIOUS LLC notwithstanding any agreement by WEBIRIOUS LLC to provide backup Services. It is solely a Customer’s responsibility to perform and store a working backup copy on its own part.
15. Modification of Services
WEBIRIOUS LLC may without any prior notice, for any or no reason at all, change, alter, modify, add or remove any part of its Services, including, but not limited to, specific features, web hosting plans, domains, pricing structure, web site content and/or offers. The same is valid for all Services provided by WEBIRIOUS LLC sub-providers. WEBIRIOUS LLC cannot guarantee availability of third party applications and/or sub-services in that manner.
16. Disk Space and Data Transfer (Bandwidth)
Web hosting plans as a part of Services are assembled by fixed pre-allocated quota of disk space and data transfer (bandwidth). If some mentioned hosting plan variable contains value ‘Free’ or ‘Gigantic,’ it shall be regulated by AUP Fair Usage Section. Different web hosting plans have different fixed pre-allocated quota of disk space and bandwidth (data transfer). Data transfers are measured on a monthly basis.
In the event that a Customer is near to reaching the fixed pre-allocated quota of disk space and/or data transfer, the monitoring system will automatically send a warning email to web hosting account contact email address.
In the event that a Customer account does reach the fixed pre-allocated quota of monthly data transfer threshold, it will automatically be suspended until the bandwidth counter resets at the end of current calendar month, OR until Customer upgrades its hosting account to a web hosting plan with a higher pre-allocated quota of data transfer, by following the described procedure stated in Section Upgrade/Downgrade of Services.
17. Domain Names
WEBIRIOUS LLC and Service Providers, in their sole discretion, expressly reserve the right to freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain Order, in order to comply with any applicable Dispute policies, requests of law enforcement, or in compliance with any Court Orders, or if WEBIRIOUS LLC or Service Providers in their sole discretion determine that the information associated with the Domain Order is inaccurate, has been tampered with, has been modified without authorization, if WEBIRIOUS LLC or Service Providers in their sole discretion determine that the Domain Order ownership should belong to another entity, or if Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by WEBIRIOUS LLC, Service Providers, ICANN, the Registrar and the Registry Operator. The Customer agrees that WEBIRIOUS LLC and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates of WEBIRIOUS LLC and Service Providers, are not liable for loss or damages that may result from any of the above.
(b) Domain Name Monitoring
WEBIRIOUS LLC is investing all efforts to perform domain name renewals, transfers and/or registrations flawless and on time. However, it is Customer’s sole responsibility to monitor its domain names and make sure that such a process has been executed. In the unlikely event that Customer notices the process of domain renewal, transfer and/or registration hasn’t been processed, Customer shall immediately, within fourteen (14) days, contact WEBIRIOUS LLC Registry Department so that appropriate action can be undertaken in order to solve such issue.
(c) Expired Domains
At the same moment a domain name goes into Expired status, WEBIRIOUS LLC may automatically and without any delay redirect domain name to any or no IP address and name server within or outside the WEBIRIOUS LLC operated network. Such a domain name may be used to display our branded domain parking page and/or a page including, but not limited to, advertisement and commercial messages. WEBIRIOUS LLC may also alter the domain names WHOIS information to fit a domain names current purpose and status. Customer may at any time during the first thirty (30) days after the moment of domain expiration date which corresponds with its initial Order Initial Term, renew such an expired domain by logging into the client area and paying its outstanding invoice amount issued for its renewal.
(d) Domain Name Redemption
Domain names that went into Expired status more than thirty (30) days ago may still be restored if Customer imposes a redemption attempt procedure to revoke such domains from its expired status. WEBIRIOUS LLC will charge Customer a redemption fee to be able to restore such domain(s). The amount of such redemption fee may vary depending on the domain name extension involved and cannot be a subject of negotiation. It may, and it may not, be possible to restore the domain name from such a status.
WEBIRIOUS LLC reserves the right not to offer a possibility for domain restoration or refuse to perform a redemption of expired domain. WEBIRIOUS LLC cannot be held responsible for any damages or business-related consequences such a domain name is causing a Customer.
WEBIRIOUS LLC reserve the right to manage and use the expired domain name at its own discretion, including, but not limited to, displaying our branded domain parking page and/or a page with advertisements and commercial messages, marketing, parking services, rent, auction sales, or to directly sell/transfer it to a third party. Also, such an expired domain may be registered and/or changed by the domain name owner/registrant in WHOIS database. WEBIRIOUS LLC may also alter the domain names WHOIS information to fit a domain names current purpose and status.
(e) ICANN gTLD Domain Name Transfer Limitations
As per ICANN modeled regulations for gTLD, you may freely initiate transfer-in and transfer-out of a domain names between domain registrars with the following exceptions: (i) domain name initial registration is not older than sixty (60) days; (ii) last domain transfer-in process is not older than sixty (60) days; (iii) domain name has domain lock activated; (iv) domain owner or administrator doesn’t have access to domains valid administrative contact email address.
(f) ccTLD Domain Name Transfer Limitations
You may freely transfer-in and transfer-out country code top level domains between domain registrars with the following exceptions: (i) domain name initial registration is not older than sixty (60) days; (ii) domain name has expired; (iii) domain name has domain lock activated; (iv) domain owner or administrator doesn’t have access to domains valid administrative contact email address.
(g) Privacy Protection Service
The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.
Customer acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the WEBIRIOUS LLC, and: (i) any mail received via post at this Address would be rejected; (ii) any telephone call received at this Telephone Number would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name; (iii) the sender of any email to an email address listed in the Whois of this privacy protected domain name will get an automated response email asking them to visit the www.privacyprotect.org to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via www.privacyprotect.org to the actual Registrant, Administrative, Billing or Technical Contact email address in the WEBIRIOUS LLC database.
Customer agrees that we cannot guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, of a privacy protected Domain Order, and that such message may not be delivered in time or at all, for any reason whatsoever. WEBIRIOUS LLC and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.
Customer understands that the Privacy Protection Service (Protect-ID) may only be available for certain TLDs.
Irrespective of whether Privacy Protection is enabled or not, Customers and Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement.
Customer understands and acknowledges that WEBIRIOUS LLC in its sole, unfettered discretion can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:
(i) if WEBIRIOUS LLC receives any abuse complaint for the privacy protected domain name, or (ii) pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or (iii) for the resolution of disputes concerning the domain name, or (iv) any other reason that WEBIRIOUS LLC in its sole discretion deems appropriate to switch off the Privacy Protection Services.
(h) Domain Name Liability
All domain names managed under WEBIRIOUS LLC network, are set under limited liability terms, which means that WEBIRIOUS LLC liability cannot exceed the amount paid for domain name itself, regardless of the current or past domain name status.
From the moment of launching Effective Date and during Term, Initial Term and Renewal Term period, WEBIRIOUS LLC Customers have ability to access and use comprehensive support resources as an integrated part of their Orders and Services. Support resources are both self-helping, as knowledge base and flash movies, and staff powered as Help desk, live help and call center.
WEBIRIOUS LLC only official support channel is staff powered Help Desk, which can be accessed by logging in to user area through https://www.login.hostatiq.host. All support inquiries shall be addressed through Help Desk.
Besides Help Desk, Customers can also utilize a staff powered live help and a call center resources. Customer shall in first place use them for general inquires, as technical non-related questions and pre-sales related questions. Customer understands and acknowledges that WEBIRIOUS LLC live help and call center reserves the right to redirect support inquiry to Help Desk at any time.
All or part of WEBIRIOUS LLC support resources will be available for Customer to access and use on a 24/7/365 basis. Support staff-powered support channels will be subject to availability of staff and their current workload.
Although WEBIRIOUS LLC staff powered support resources will assist a Customer in wide range of issues related to a third-party scripts and functions in its Services, such queries and effort shall be considered as out of the scope support assistance. Customer understands and acknowledges that WEBIRIOUS LLC is not responsible to offer such support service and that WEBIRIOUS LLC can at any time refuse to offer such support service, and that WEBIRIOUS LLC is not bound by any part of Term of Services to offer such service in that matter.
WEBIRIOUS LLC support staff shall always be addressed in a friendly and polite manner by Customer as we impose a Netiquette (Section Netiquette) as a norm for our communication with surrounding world.
19. Changes to WEBIRIOUS LLC’s Network
Upgrades and other changes in WEBIRIOUS LLC’s network, including, but not limited to, changes in its software, hardware and service providers, may affect the display or functionality operation of Customer’s hosted content and/or applications. WEBIRIOUS LLC reserves the right to change its network in its commercially reasonable discretion, and WEBIRIOUS LLC shall not be liable for any resulting harm to Customer.
Notices to WEBIRIOUS LLC under the Agreement shall be given via electronic mail to the email address posted for Customer support on https://www.hostatiq.host. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
21. Force Majeure
WEBIRIOUS LLC shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond WEBIRIOUS LLC’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, God’s will, alien invasion, or other events of a magnitude or type for which precautions are not generally taken in the industry.
22. Governing Law/Disputes and Arbitration
The Agreement shall be governed by the laws of the State of Delaware, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
ANY CLAIM, DISPUTE OR OTHER LEGAL INQUIRY THAT ARISE AGAINST WEBIRIOUS LLC OR/AND ANY OF ITS SUBSIDIARIES, WILL BE HANDLED BY ARBITRATOR OF WEBIRIOUS LLC’S CHOICE. USERS AND CUSTOMERS AGREE TO COMPLY WITH BINDING ARBITRATION AND THAT ALL ITS DECISIONS WILL BE FINAL, BINDING AND NON-NEGOTIABLE. ALL, IF ANY, COSTS FOR ARBITRATION PROCESS WILL BE PASSED OVER TO CUSTOMER.
WEBIRIOUS LLC MAY ON ITS OWN DISCRETTION DECIDE TO USE OR NOT TO USE ARBITRATION AS A CHANNEL TO RESOLVE ANY OPEN DISPUTE. IN A CASE WEBIRIOUS LLC DECIDE NOT TO USE ARBITRATION, EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN WILMINGTON COUNTY, DELAWARE, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
23. Emsisoft® Added Value
As a result of a special agreement between WEBIRIOUS LLC and Emsisoft Ltd, we may under some periods include a free, full version of Emsisoft Anti-Malware license for selected web hosting plans as a part of Services. Such free added value may be temporary and may by discontinued at any time.
Customer will be able to use such a license to protect up to 5 PCs depending on the hosting plan selected. This free added value bonus is valid for all hosting plans with Initial Term set to annually, biennially or triennially. Hosting plans with a Initial Term set to a monthly billing period do not qualify for this added value.
Customers are not allowed to trade, rent, sell or in any other way use the provided Emsisoft licenses to gain economic benefits. They are strictly aimed to be used to protect you and/or computers related either to you, your household, your organization, clients’, institution, company/firm, association, etc. Customers are not allowed to post license information in public forums or sell licenses with physical or intangible products or Services. License usage that violates our and/or Emsisoft Ltd’s general TOS may result in suspension of such licenses.
24. Upgrade/Downgrade of Services
Customer may at any time, depending on the current web hosting plan included in Services and invoiced per Initial Terms or Renewal Term, upgrade or/and downgrade to another web hosting plan of choice. If upgrading, Customer will be charged a difference between the cost of current and new web hosting plan calculated on the remaining billing period for current billing Term.
If downgrading, no positive credit amount will be issued whatsoever.
All communication will be done electronically; no physical mail will be sent out or received by WEBIRIOUS LLC.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on WEBIRIOUS LLC unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties.
The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the Customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without WEBIRIOUS LLC’s prior written consent. WEBIRIOUS LLC’s approval for assignment is contingent on the assignee meeting WEBIRIOUS LLC’s credit approval criteria. WEBIRIOUS LLC may assign the Agreement in whole or in part.
Acceptable Use Policy (“AUP”)
This AUP governs the use of WEBIRIOUS LLC’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and WEBIRIOUS LLC regarding the interpretation of this AUP, WEBIRIOUS LLC’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact WEBIRIOUS LLC Legal Department via https://www.hostatiq.host/contact.
Table of Contents
- Disk Space Purpose
- Offensive Content
- Fair Usage
- Inodes Limit
- Resource Limits
- Bulk Commercial Email
- Unsolicited Email
- Internet Abuse
- Report Abuse Policy
- Newsgroup, Chat Forums, Other Networks
- Material Protected by Copyright
- Copyright Infringement Notice
1. Disk Space Purpose
The pre-allocated disk space in your account, as a part of WEBIRIOUS LLC Services, may be used to establish any kind of passive, semi-active or active publicly or privately accessed static or dynamic web presence as web sites, blog, forum, message board or similar with content not violating the guidelines stated in, but not limited to, Section Offensive Content, Section Fair Usage, and all other Sections and/or clauses which constitutes the complete content of WEBIRIOUS LLC Terms of Services.
Your pre-allocated disk space in your account shall not be used for mass distribution and spreading of files by/with, but not limited to, hub, bit-torrent protocol, large scale incentive downloads, anonymous accessed FTP, mirroring, etc.
It should furthermore not be used as a mass storing disk space for backups, large audio and video files, archive files, large wild track database chunks, etc.
WEBIRIOUS LLC reserve the right to suspend, cancel or terminate any account which violates above stated terms.
2. Offensive Content
Your account may not contain, and you may not, via WEBIRIOUS LLC’s Services, upload, publish, transmit or link to any content that WEBIRIOUS LLC reasonably believes:
- constitutes child pornography;
- constitutes pornography;
- promotes active and/or passive proxy server connection web sites;
- email messages intended to be a part of SPAM emails as unsolicited bulk email (UBE) and/or unsolicited commercial email (UCE);
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is intended to assist others in creating or actively contribute in Ponzi Scam schemes;
- is intended to assist others in creating or actively contribute in MLM/Pyramid Scam schemes;
- promotes racial profiling, Nazism, racism, fascism, anti-Semitism, Islamophobia, jihad, homophobia, white supremacy, or black supremacy;
- is profane, hateful, threatening, harmful, libelous, harassing, discriminatory whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise;
- promotes any kind of religious, ideological or other kind of extremism;
- promotes terrorism;
- promotes tools for hacking and/or links to such web sites;
- promotes tools for spamming and links to such web sites;
- promotes any kind of spamming resources and tools for spam, as spam web, spam lists, spam sites, spam ware;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person’s privacy;
- creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- is intended to act as mass backup and/or mass storage or archiving service;
- are intended to act in fraudulent manner as fraud web sites listed at, but not limited to, escrow-fraud.com and aa419.org;
- clearly infringes on another person’s trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- promotes warez related sites, forums, link exchange, hub, FTP accounts;
- promotes and/or sells illegal prescription medications;
- constitutes and/or promotes any kind of malware, viruses, worms, trojans, security holes, or OS exploits;
- are cloned websites for phishing and identity theft purposes;
- constitutes any kind of IRC related script, tool or boot;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to WEBIRIOUS LLC; or
- is otherwise malicious, fraudulent, or may result in retaliation against WEBIRIOUS LLC by offended viewers.
The list above shall be used for a general guidance only and it can be, by WEBIRIOUS LLC, altered, changed, expanded or reduced at any time.
WEBIRIOUS LLC reserve the right to, at its sole discretion, decide what may be and what may not be a treated as offensive content.
In the event of a dispute between WEBIRIOUS LLC and Customer regarding the interpretation of the Offensive Content Section, and/or AUP overall, WEBIRIOUS LLC’s commercially reasonable interpretation of the Offensive Content Section and/or AUP shall govern.
If you are unsure whether or not the content you want to upload to our servers is classified as offensive, contact us by raising a support ticket at https://www.login.hostatiq.host or via email at https://www.hostatiq.host/contact.
Content “published or transmitted” via WEBIRIOUS LLC’s service includes Web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by WEBIRIOUS LLC.
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
4. Fair Usage
Shared web hosting accounts, as its name implies, are all sharing its host server resources as disk space, CPU, memory, bandwidth, etc. WEBIRIOUS LLC utilize a robust system for a dynamic resource allocation and load balancing in effort to avoid “choking” of server resources. Such systems do drastically minimize the possibility for a hosting account to hit the resource limit and, for that matter, to get suspended.
One of the WEBIRIOUS LLC’s main strengths is its underlying network architecture setup, which allows a larger resource utilization per hosting account than usually expected from a shared web hosting provider.
In the event the hosting account continually hits the pre-allocated limits, the following can/will happen: (i) monitoring system will automatically send a warning through email urging client to, without delay, investigate and rectify the source of excessive resource usage; (ii) performance of such Customer Account will automatically and dynamically be degraded by resource allocation system until customer optimizes/removes problematic source of resource hog, or contact us for a solution.
Some content of Services, including, but not limited to, hosting plans, may contain non-technical resource description variables such as ‘Unlimited,’ ‘Free’ or ‘Gigantic.’ Such descriptions shall be understood by the Customer as a possibility to utilize server resources practically and without pre-determined limits or bounds. That gives you a true freedom to deploy and experiment with demanding online projects, with various robust content and scripts involved. Such a setup is an excellent base to grow and expand your online presence, as you can allocate ‘all’ network and server resource(s) you may need.
Of course, when we say without pre-determined limits, that doesn’t mean resources can be pulled in an ‘infinite’ manner as a server’s physical and virtual resources do also have its end-point. It should be understood that the user shall be able to allocate reasonable ‘Unlimited,’ ‘Free’ or ‘Gigantic’ resources. While it sounds tricky, a Fair Usage concept works for millions of hosting accounts worldwide.
If a hosting account’s excessive resource behavior jeopardizes the performance and/or stability, integrity and safety of other users’ accounts or the whole server, though it is extremely rare, such an account may be suspended or canceled without prior notice.
WEBIRIOUS LLC will always, as a last resort, institute restrictive measures to solve problems related to abusive resource usage.
5. Inodes Limit
Customer may accumulate a maximum of two hundred thousand (200.000) individual inodes per shared web hosting account. One (1) cpanel username represents one (1) single web hosting account.
6. Resource Limits
WEBIRIOUS LLC impose the following web hosting account limits:
- CPU usage: 25%
- Memory usage: 1024 MB
- Active processes: 75
- Execution time: 20 minutes
- Email messages I/O per 60 minutes: 250 at each direction (The redundant email queue messages will be nulled).
Despite the generous set limits, the specifications above should be used as reference only, as the real life system resource allocation the average user will be granted to utilize is actually much higher.
As a last option, WEBIRIOUS LLC reserve the right to suspend/cancel or terminate an abusive account without prior warning, or for any or no reason at all.
7. Bulk Commercial Email
You must obtain WEBIRIOUS LLC’s advanced approval for any bulk commercial email, which will not be given unless you are able to demonstrate all of the following to WEBIRIOUS LLC’s reasonable satisfaction:
- Your intended recipients have given their consent to receive email via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given;
- You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and WEBIRIOUS LLC’s requests to produce consent evidence within 72 hours of receipt of the request.
- The body of the email must describe how the email address was obtained, such as, “You opted in to receive this email promotion from our web site or from one of our partner sites,” and information on how to request evidence of the consent, as in, “If you would like to learn more about how we received your email address please contact us at abuse@**yourdomain.com**;
- You have procedures in place that allow a recipient to easily revoke their consent, such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that revocation of their consent will be honored within 72 hours;
- You must post an abuse@**yourdoman.com** email address on the first page of any web site associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You have the means to track anonymous complaints;
- You may not obscure the source of your email in any manner. Your email must include the recipient’s email address in the body of the message or in the “TO” line of the email; and
- You otherwise comply with the CAN SPAM Act and other applicable laws.
These policies apply to messages sent using your WEBIRIOUS LLC service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your WEBIRIOUS LLC service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers.
WEBIRIOUS LLC may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
8. Unsolicited Email
You may not send any unsolicited email, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or participate in using your WEBIRIOUS LLC’s services.
9. Internet Abuse
You may not engage in illegal, abusive, or irresponsible behavior, including:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to WEBIRIOUS LLC and its customers) without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, DoS attacks, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner’s authorization, including, but not limited to, Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Accessing and login into hijacked and/or forgotten and lost servers and cloud servers without the authorization of the owner of the system or network;
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting;
- Any conduct that is likely to result in retaliation against the WEBIRIOUS LLC’s network; or
- Use of WEBIRIOUS LLC’s network in a way that unreasonably interferes with WEBIRIOUS LLC’s other customers’ use of the network.
10. Report Abuse Policy
We share the vision with those who believe that the web should be a better place. Please report all suspect abuse of our network and/or a user that you believe violates our TOS. You may send an email directly to abuse-public-cs [at] hostatiq.host, or by using our contact form at https://www.hostatiq.host/contact
11. Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups, including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages or mass postings to multiple forums.
12. Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
- You have been expressly authorized by the owner of the copyright to copy the work in that manner;
- You are otherwise permitted by established United States copyright law to copy the work in that manner.
WEBIRIOUS LLC will terminate the service of repeat copyright infringers.
13. Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed upon by a person using the WEBIRIOUS LLC network, please send your written notice of copyright infringement to us by raising a support ticket at https://www.login.hostatiq.host or via email at https://www.hostatiq.host/contact.
Your notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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 WEBIRIOUS LLC to locate the material;
- Information reasonably sufficient to permit WEBIRIOUS LLC to contact you, such as an address, telephone number, and, if available, an email address;
- A statement for which 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.
You must have valid and current information on file with your domain name registrar for any domain hosted on the WEBIRIOUS LLC network.
WEBIRIOUS LLC is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the WEBIRIOUS LLC network.
Inquiries regarding this policy should be directed to WEBIRIOUS LLC by raising a support ticket to our legal department at https://www.login.hostatiq.host.
This agreement (the “Agreement“) is made between WEBIRIOUS LLC (the “Company“), which owns and operates HOSTATIQ.HOST, and the Affiliate, and collectively (the “Parties“) for participation in the Company’s affiliate program. If the Affiliate does not want to participate in the affiliate program, please disregard the following agreement.
Table of Contents
- Promotional Materials
- Use of Promotional Materials
- PPC Bidding
- Intellectual Property
- Relationship of Parties
- Affiliate’s Representations and Warranties
- Limitation of Liability
- Entire Agreement
Affiliate wishes to include certain materials promoting Company, and to include a link to Company’s website within those materials on Affiliate’s website.
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
1. Promotional Materials
Company shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate’s website (the “Promotional Materials”). Affiliate shall display the Promotional Materials on Affiliate’s website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to Company’s website, as specified by Company.
2. Use of Promotional Materials
The Affiliate’s use and display of the Promotional Materials on the Affiliate’s site shall conform to the following terms, conditions and specifications:
a) Affiliate may not use any graphic, text or other materials to promote Company’s website, products or services other than the Promotional Materials, unless Company agrees to such other materials in writing prior to their display.
b) Affiliate may only use the Promotional Materials for the purpose of promoting Company’s website (and the products and services available thereon), and for linking to Company’s website.
c) Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Company. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Company for such alteration of modification.
d) The Promotional Materials will be used to link only to Company’s website, and to the specific page and address as specified by Company.
3. PPC Bidding
Usage of networks with PPC bidding platforms as a model to generate traffic for your affiliate links is allowed. The only restriction is that PPC bidding on the following trademarks and/or its related keywords and phrases are strictly prohibited: Hostatiq, Hostatiq.host, www.hostatiq.host and Humanized Hosting, regardless of the uppercase/lowercase combination.
Company hereby grants Affiliate a nonexclusive, nontransferable license (the “License”) to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.
5. Intellectual Property
Company retains all rights, ownership, and interest in the Promotional Materials and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use Promotional Materials granted under the License, as set forth in Section 3.
6. Relationship of Parties
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Company and Affiliate. Affiliate shall provide services for Company as an independent contractor. Affiliate shall have no authority to bind Company into any agreement, nor shall Affiliate be considered an agent of Company in any respect.
a) In exchange for Affiliate’s display of the Promotional Materials, and for Affiliate’s compliance with and performance of the terms and conditions of this Agreement, Company shall pay to Affiliate a commission (the “Commission”) of a flat amount (or percentage) of product sold to a user that accesses Company’s website through a link on Affiliate’s website. The current flat amount posted is at least $50 and a maximum of $100 (current percentage posted is at least 30% and a maximum of 50%) as a standard commission rate, excluding the possible bonuses, depending on Affiliate’s monthly performance. This flat amount and/or performance level rates are subject to change by Company at any time. Notification to Affiliate of any change in the commission rate will be given by Company at the email address on hand for Affiliate. Commission will be based on web hosting purchases made by a user for any new purchases that occur during the cookie tracking period of 180 days as follows: (i) For every sale you provide Company with during an annually, biennially or triennially billing period as the Initial Term, you will always receive between $50 and $100 (or between a 30% and 50%) based on the number of sales you’ve provided per month; (ii) For every sale you provide a monthly billing period as Initial Term, you’ll receive 50% as a monthly recurring commission during a 12 month period.
b) Company shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request, and is available through the affiliate area on the member page at https://www.affiliate.hostatiq.host. Any discrepancy between the amount of Commissions owed according to these records and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by Company within fourteen (14) days of discovering such discrepancy.
c) Commissions are held for a period of sixty (60) days from any purchase to protect Company in the event of any chargeback that may occur. If you are already an established high-volume affiliate with a proven track record, contact Affiliate Department for individual approval process and it may be possible to get it paid in as soon as fourteen (14) days after recorded affiliated sale. Company shall pay all Commissions accrued and payable to Affiliate within five (5) business days (the “Commission Payment Date”) after the Affiliate withdrawal request has been placed through Affiliate member area. If on any Commission Payment Date the amount of total Commissions accrued and payable to Affiliates is less than $50.00, then such an accrued and payable balance shall be held over to the following month and paid together with the Commissions due for that month. Payment is made via Affiliate PayPal account to the same email address used during affiliate registration.
d) Referral must keep his account active and with a positive balance for at least sixty (60) days prior to being eligible for commission. Affiliate commissions are calculated and only paid out for new referrals and their initial web hosting purchase.
e) In the event that Affiliate materially breaches this Agreement and Company terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and Company shall not be obligated to pay such Commissions to Affiliate.
8. Affiliate’s Representations and Warranties
Affiliate represents and warrants the following:
a) Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
b) Affiliate’s website does not contain any materials that are included, but not limited to:
- Sexually explicit, obscene, or pornographic;
- Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
- Graphically violent, including any violent video game images; or
- Solicitous of any unlawful behavior.
c) Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s website. Nothing on Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
d) Affiliate will not use the Promotional Materials in any manner other than those set forth in Section 2 above.
e) Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.
f) Affiliate will not publish or otherwise distribute any advertising materials for Affiliate’s website that references Company or Company’s website unless Company gives prior written consent to the distribution of such materials. Affiliate will not use Company’s name (or any name that is confusingly similar to Company’s name) for any purpose on its website, in its Promotional Materials, or in any other context except to promote Company’s website as specified in this Agreement. Affiliate will not register any domain name that incorporates Company’s name or that is confusingly similar to Company’s name.
g) Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Company or Company’s website.
h) Affiliate will not try to perform an “auto-order” by ordering a Company’s web hosting services for its own purpose through his own Promotional Materials. That is strictly forbidden and can result in Affiliate account suspension.
Affiliate shall indemnify Company and hold harmless Company from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth in Section 7 above. Affiliates shall also indemnify and hold harmless Company for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
Any information that Affiliate is exposed to by virtue of its relationship with Company under this Agreement, which information is not available to the general public, shall be considered to be “Confidential Company Information.” Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Company.
a) This Agreement shall take effect immediately, and shall remain in full force and effect indefinitely, or until terminated pursuant to this Section 10.
b) Either Party shall have the right to terminate this Agreement at any time and for any cause. The terminating Party must give written notice to the other Party at least 30 days prior to the intended date of termination.
Company shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate.
13. Limitation of Liability
Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damage, including costs associated with the procurement of substitute goods or services (whether Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of services, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
The headings for Sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
17. Entire Agreement
This Agreement constitutes the entire agreement between Company and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
Table of Contents
- What personal information do we collect from the people that visit our blog, website or app?
- When do we collect information?
- How do we use your information?
- How do we protect visitor information?
- Do we use ‘cookies’?
- What happens if user disable cookies in their browser?
- Third Party Disclosure
- Third party links
- Opting out
- California Online Privacy Protection Act
- How does our site handle do not track signals?
- Does our site allow third party behavioral tracking?
- COPPA (Children Online Privacy Protection Act)
- Fair Information Practices
- CAN SPAM Act
- Why do we collect your email address?
- CAN SPAM Act and WEBIRIOUS LLC
1. What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.
2. When do we collect information?
We collect information when you register, place an order or enter information on our site.
3. How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To quickly process your transactions.
4. How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user who places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
5. Do we use ‘cookies’?
- Help remember and process the items in the shopping cart.
- Understand and save a user’s preferences for future visits.
- Keep track of advertisements.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
7. What happens if user disable cookies in their browser?
If you disable cookies, some features will also be disabled. This action will turn off some of the features that make your site experience more efficient and some of our services will not function properly.
The following may not work properly, or at all: Ordering, logging.
8. Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
9. Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/6008942?hl=en&rd=1
We do not use Google AdSense Advertising on our website.
11. Opting out
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
12. California Online Privacy Protection Act
According to CalOPPA, we agree to that users can visit our site anonymously.
Users are able to change their personal information:
- By logging in to their account
14. How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
15. Does our site allow third party behavioral tracking?
It’s also important to note that we do not allow third party behavioral tracking.
16. COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
17. Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices, we will take the following responsive action, should a data breach occur:
We will notify the users via email and/or via in-site notification
- Within 1 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires that individuals have enforceable rights against data users, as well as recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
18. CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
19. Why do we collect your email address?
- Send information, and respond to inquiries and/or other requests or questions.
- Process orders and to send information and updates pertaining to orders
- We may also send you additional information related to your product and/or service.
20. CAN SPAM Act and WEBIRIOUS LLC
To be in accordance with CAN SPAM Act, we agree to the following:
- NOT using false, or misleading subjects or email addresses
- Identifying the message as an advertisement in some reasonable way
- Including the physical address of our business or site headquarters
- Monitoring third party email marketing services for compliance, if one is used
- Honoring opt-out/unsubscribe requests quickly
- Allowing users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can:
- Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.