Web Hosting Company

Privacy Policy | Cookie Policy | GDPR Data Processing Agreement

PLEASE READ THOROUGHLY THIS DOCUMENT TO AVOID ANY MISUNDERSTANDINGS AND POTENTIAL TERMINATION OF THE SERVICE!

ZestCyber shall provide its Services to YOU (Customer, User) under the following Terms of Services (ToS). The ToS are intended to protect both the integrity and liability of ZestCyber and the Customer. These ToS will be enforced to ensure the speed, power, performance, and reliability of our services.

YOU MUST understand and agree that the Service is provided on an "AS IS" basis and that ZestCyber assumes no responsibility for the timeliness, deletion, failure of the service or inability to store any Customer communications, data or personalization settings.

1. ZestCyber hosting services:
   
   
   1. Monthly traffic - The free hosting plan features fixed traffic allotment.
   
   
   2. Domains hosted - The free hosting plan offered by ZestCyber has a limit on the number of domains that can be hosted. For more information about the different plans refer to our website.
   
   
   3. Disk space:
      
      Each and every ZestCyber Customer agrees not to allocate more than 10% of their hosting account space to:
      
      • image and multimedia (.gif, .png, .mpg, .jpg, .3gp) files;
      • archive (.tar, .gzip, .iso, .nrg, .cue, .ccd, .img, .sub, .cue) files;
      • DB dump backup (.sql, .pgsql, .mssql, .mysql) files;
      • .pdf, .psd, .ppt files;
      • any identical file types;
   
   
   4. Server resources utilization - The Customer MUST understand that his/her account is located on a shared hosting server setup and he/she must not use excessive system resources that might deteriorate the server's performance and degrade the quality of service for other users. EXCESSIVE or MALICIOUS system resource USAGE will result in AN IMMEDIATE ACCOUNT TERMINATION.
   
   
   5. Inodes - Every file (a web page, image file, email, etc) on the Customer's account uses up 1 inode. The Customer has an inode limit of 25 000.
   
   
   6. Email
      
      
      1. Since SMTP is ON you are allowed to send 31 e-mails and receive up to 3000 e-mails each month.
      
      
      2. The Customer can have no more than one e-mail account.
      
      
      3. The Customer can send an e-mail to up to 5 recipients at the same time and cannot attach files bigger than 2 MB.
      
      
      4. The E-mail account features a 3000 inode limit, one e-mail filter (SPAM/Autoresponder), one e-mail alias, and a total mail quota of 50 MB.
      
      
      5. The free plan has fixed disk space available at its disposal where 50MB is the e-mail quota.
   
   
   7. Outgoing Connections are disabled on the free hosting servers for security reasons.
   
   
   8. Account(s) - The Customer has the right of having only one free account. This limitation does not apply to paid accounts, i.e. The Customer can have as many paid accounts as he/she needs. Every new free account created by the same Customer will be deleted upon inspection and at our sole discretion unless the Customer contacts a representative of ZestCyber.
   
   
   9. The Customer is responsible for building and updating his/her web pages, and regularly backing up all data.
   
   
   10. ZestCyber free hosted sites MAY be used as an entry to a non-ZestCyber hosted site ONLY if the user is not automatically redirecting to the non-ZestCyber hosted site.
   
   
   11. FTP usage
       
       
       • FTP access is provided for the purposes of uploading content, maintaining content, and downloading content for backup purposes only. It is not to be used for the distribution and backup of files.
       
       
       • FTP usage for web camera purposes is STRICTLY FORBIDDEN.
       
       
       • Free hosting plan users are allowed only one FTP account.
       
       
       • All free accounts have an upload file size limit of 15 MB!
       
       
       • ZestCyber reserves the right to revoke or restrict all FTP access and/or remove any website that causes improper or excessive FTP usage.
   
   
   12. Scripting languages
       
       
       • The usage of PHP/PERL/CGI/etc. and MySQL is STRICTLY FORBIDDEN for the following (but not limited to) actions: running BOTS, IRC servers, online chats, link exchange systems, web crawlers, and conducting attacks against third-party systems. Such USAGE will result in AN IMMEDIATE ACCOUNT TERMINATION WITHOUT ANY REFUND even if the Customer has upgraded his/her account from a free to a paid one.
       
       
       • ZestCyber reserves the right to revoke or restrict the access to any SCRIPTING Language and/or remove any website or even an account for improper or excessive SCRIPTING Languages utilization.
   
   
   13. The Customer is allowed one MySQL Database with 30 MB of total space. Maximum allowed MySQL queries are 12 000/hour and up to 30 concurrent connections.
   
   
   14. Hotlinking is restricted and forbidden on ZestCyber.
   
   
   15. The following file types are not allowed on ZestCyber free web hosting - .htacl, .htaclu, .avi, .mov, .mp2, .mp3, .mpeg, .ram, .asf, .quota, .vbs, .shs, .scr, .apk, .exe, .cmd, .torrent, .wmv, .wma, .rm, .zip, .rar, .gz, .tgz.
   
   
   16. The following PHP functions are disabled on ZestCyber free web hosting due to system/security concerns: allow_url_fopen, fsockopen, pfsockpen, getrusage, get_current_user, set_time_limit, getmyuid, getmypid, dl, leak, listen, chown, chgrp, realpath, link.
   
   
   17. Inactivity Period
       
       
       1. Free accounts will be set to inactive if they haven't received any traffic at all during the last 12 months. If your account is set to inactive, the system will notify you 3 times over 5 days before the account is blocked. After that, you will get 3 additional notifications over 5 days during which time you can contact us in order to reactivate your account or else your account and its data will be permanently deleted.
       
       
       2. The Free Hosting service is valid for one year after the initial signup, and is automatically renewed for a successive year upon a successful login. Accounts that have not had a successful login for more than a year are considered expired, and may be subject to closure. Automated login attempts into accounts for the purpose of extending their validity without human intervention are not allowed. Such automated logins may be disregarded, and the automated extension of validity may require an additional explicit request in the future to ensure that your account is in active use.
       
       
       3. If your account has been blocked due to a violation of the Terms of Service, abuse, spam or any other malicious activity, then it will be deleted in 7 days without any notice.


2. No unlawful or prohibited use
   
   As a condition of your use of the ZestCyber Services, YOU will not use the ZestCyber Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. YOU must not attempt to gain unauthorized access to any ZestCyber Services, other accounts, computer systems or networks connected to any ZestCyber Services, through hacking, password mining or by any other means. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available through the ZestCyber Services.
   
   ZestCyber, in its sole discretion, reserves the right to disclose at any time any piece of information that ZestCyber deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove, in whole or in part, any piece of information or material.
   
   Please, report any violations of these Terms of Services to abuse@supportindeed.com


3. Third party
   
   Any dealings with third parties (as well as advertisers) facilitated by the ZestCyber Services or participating in promotions, delivery and payment of goods and services, and any other terms, conditions, warranties and representations associated with such dealings or promotions are solely between you and the advertiser or the other third party. ZestCyber cannot be held responsible or liable for any part of such dealings and promotions.


4. Termination
   
   YOU agree that ZestCyber, in its sole discretion, may terminate your password, account (or any part thereof) as well as the use of the Service, and remove and discard any Content within the Service, should you violate these terms.


5. Your responsibilities
   
   YOU are solely responsible for the content of your web pages, messages or data you or your sites' users upload on ZestCyber servers. Using the ZestCyber Services in connection with surveys, contests, pyramid schemes [HYIP], cryptocurrency miners/faucets, gambling, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
   
   In consideration of your use of the Service, YOU agree to:
   
   
   1. Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form.
   
   
   2. Regularly check and promptly inform us to update your Registration Data in order to keep it true, accurate, current and complete. If YOU provide any information that is untrue, inaccurate, not current or incomplete, or ZestCyber has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZestCyber has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
   
   
   3. YOU will receive a password and an account designation upon completing the Service registration process. YOU are responsible for maintaining the confidentiality of your account details, and YOU are fully responsible for all activities that are associated with your account. YOU agree to:
      
      
      • immediately notify ZestCyber of any unauthorized use of your password, account and/or any other breach of security;
      
      
      • ensure that you exit from your account at the end of each session;
      
      
      • refrain from posting, disclosing, providing, selling or offering to sell your account details provided by ZestCyber to any third party;
      
      ZestCyber cannot and will not be held liable for any loss or damage arising from your failure to comply with these terms.
   
   
   4. Any Customer in violation of our system or network security and/or enormously overloading/over flooding the servers' resources is subject to criminal and civil liability, as well as an immediate account termination. Examples include, but are not limited to, the following:
      
      
      • Unauthorized access, use, probe, rootkit or scan of systems security or authentication measures, data or traffic;
      
      
      • Interference with service to any user, host or network including, without limitation, e-mail bombing, deliberate flooding attempts to overload a system and broadcast attacks;
      
      
      • Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting;
   
   
   5. The Customer agrees not to publish on or over his/her account any information, software or other content which violates or infringes upon the rights of any other third party or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
   
   
   6. ZestCyber does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
      
      
      • Infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy;
      
      
      • Violate any law, statute, ordinance or regulation;
      
      
      • Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
      
      
      • Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party's computer or property;
      
      
      • Contain Proxy, Pirated or Hacking / Phreaking Software (Warez), streaming of media (audio/video), file sharing services. Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torrent sites or links to Torrent sites;
      
      
      • Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
   
   
   7. YOU acknowledge and agree that based on its sole discretion ZestCyber might filter abusive words and/or links due to security reasons (i.e. words or links of PayPal, eBay, AOL, Amazon [not limited to]).
   
   
   8. Use of phishing or mimic sites is strictly prohibited on ZestCyber. Any customer suspected of such activity will be terminated WITHOUT any refund and legal actions will be started to the full extent of the law.
   
   
   9. YOU completely agree and understand that by signing up with ZestCyber you might receive system notification emails and newsletters.
   
   
   10. YOU acknowledge and agree that ZestCyber might change this Terms of Services without notice and you are solely responsible for checking for such changes, follow up and comply with them.


6. Spamming is prohibited
   
   We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
   
   
   • The advertising of your ZestCyber hosted site using Unsolicited Email (spam). This is strictly prohibited and your account will be removed immediately if it is involved in any type of spam activity;
   
   
   • The bulk sending of unsolicited messages, or the sending of unsolicited e-mails which result in complaints from recipients;
   
   
   • The sending of junk mail;
   
   
   • The use of distribution lists that include people who have not given explicit permission to be included in such a distribution channels;
   
   
   • The posting commercial of ads to USENET newsgroups that do not permit them;
   
   
   • The posting of articles containing binary encoded data to non-binary newsgroups;
   
   
   • The excessive and repeated posting of off-topic messages to newsgroups;
   
   
   • Excessive and repeated cross-posting;
   
   
   • The e-mail harassment of another Internet Customer/s, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed offensive;
   
   
   • The e-mailing of age-inappropriate communications or content to anyone under the age of 18;


7. Unsuitable behavior
   
   Any indecent, abusive or insulting treatment towards an employee of ZestCyber will be considered inappropriate. Each Customer is expected to conduct himself/herself in a well-behaved manner when communicating with ZestCyber employees regarding any requests for help through e-mail, phone, etc. Each Customer should avoid applying any form of a written emotional outburst. All attempts of uncontrolled behavior will be interpreted as a breach of this Agreement.
   Other acts of treatment towards ZestCyber employees that will be considered unacceptable include verbal, oral, written or delivered by a second party threats that are addressed to ZestCyber or any of its employees, partners, equipment, and concerns. All forms of such threats will be interpreted as a breach of this Agreement. ZestCyber reserves the right to restrict or completely stop access to the client's accounts and even to permanently disable the hosting account without issuing a refund if any of the aforementioned rules are violated and if further communication is not possible due to continued bad mannered client behavior!


8. Copyrights
   
   Copyrighted material must not be placed on any Customer's account without the explicit permission of the owner(s) or the person(s) directly authorized by the owner(s). Only the owner(s) or such authorized person(s) must upload copyrighted material to the account. Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation, we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.


9. Miscellaneous
   
   
   1. ZestCyber cannot be held responsible for the content of pages hosted under its service. ZestCyber cannot be held liable for any damages or lost profits from copyright infringements or unauthorized content reproduction hosted on the ZestCyber platform as a standalone user domain or as a subdomain under the utility domains, including but not limited to the following: onlinewebshop.net, myartsonline.com, mygamesonline.org, mypressonline.com, getenjoyment.net, medianewsonline.com, scienceontheweb.net, mywebcommunity.org, sportsontheweb.net, atwebpages.com. ZestCyber does not review pages for content before they are posted and does not verify, endorse, or otherwise take responsibility for the content of any user-created page. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. Users are solely responsible for all files contained in their directory and can be held legally liable for the contents of their website.
   
   
   2. The free hosting plan is 100% ads free and we will never force you to place our ads on your sites.
   
   
   3. ZestCyber may terminate any account at any time, without a notice for conduct that it violates these guidelines, or for any other reason. User accounts may be terminated and all client data may be deleted if ZestCyber deems it harmful to its business, or any of its users, or partners. Pages found in violation of these items may be a subject to immediate deletion and removal from our servers, and their web masters may be a subject to banishment from the ZestCyber network. The following is a non-exhaustive list of contents and behaviors that are UNACCEPTABLE on ZestCyber.
      
      
      1. Content that includes links to nudity, pornography, adult content, sex, extreme violence, or foul language.
      
      
      2. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, whether for educational purposes or not.
      
      
      3. Content that has been or is being promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Users who utilize ZestCyber resources, including e-mail addresses, for spam, are also s subject to prosecution under the fullest extent of the law.
      
      
      4. Content that commits acts of copyright, trademark, patent, trade secret or any other type of intellectual property infringement.
      
      
      5. Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
      
      
      6. Storage of log files or non-HTML content, or any use of space that circumvents the display of advertising.
      
      
      7. Having password-only, hidden, or restricted access pages (all Web pages must be accessible to the Internet community at large).
      
      
      8. Sites that exploit images of children under 18 years of age.
      
      
      9. Binary files, downloads, etc. that are not linked to an HTML page on the user's site, such that an advertising banner is displayed. Links back to files on a user's ZestCyber page from other sites must also link first to an HTML page on ZestCyber, which then links to the binary files.
      
      
      10. Content that contains, links to, or participates in pyramid schemes [HYIP], gambling, raffles, lotteries, and so forth.
      
      
      11. Content that posts or discloses personally identifiable information or private information of individuals under the age of 16 or in connection with materials directed toward individuals under the age of 16 without verifiable parental consent.
      
      
      12. Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others' property, or to harm any person or animal.
      
      
      13. Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual pass working of Member sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.
   
   
   4. ZestCyber provides space for hosting Web pages but makes no implied or express warranties about the reliability of this space or related services. ZestCyber is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reason. ZestCyber makes no guarantees about its server reliability, speed, or consistency, and cannot be held liable for the lack of such.
      
      
      1. Users are responsible for regularly monitoring and creating backups of their own files, and agree to use the ZestCyber resources and infrastructure at their own risk. This service is provided on an "as is" basis without warranties of any kind, either expressed or implied. Neither ZestCyber nor its partners make any warranty with respect to any content, information, services, or products provided through or in conjunction with this free service.
      
      
      2. ZestCyber and its partners make no guarantees with regards to the accuracy, correctness, or completeness of any information on these Web pages and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by ZestCyber.
      
      
      3. NO Guarantee of domain registration or successful renewal on free web hosting accounts!
         IMPORTANT NOTICE: The Free web hosting platform is still in Development (Beta mode) and as such there are likely to be some minor defects in the system. Please note that we will do our best to provide you with decent service, however, we CANNOT provide any guarantee whatsoever that we will be able to register or renew your domain successfully if you are hosted on the free web hosting platform, even if you have paid for your domain registration or renewal service.
      
      
      4. ZestCyber may also link to or include on its website resources and information provided by 3rd party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services; it is merely provided to assist you in the creation of your website and provide added value to our service.
      
      
      5. Because free accounts and their hosted sites are distributed by ZestCyber and powered by Attractsoft GmbH, Attractsoft GmbH reserves the right to include traffic generated by all websites it hosts in its overall accounting of page views, unique users, and other usage measures. This includes providing web traffic measurement companies with all URLs distributed by ZestCyber and powered by Attractsoft GmbH for use in their projection of Attractsoft GmbH associated overall traffic.

Terms of Services - PAID Hosting

The service that is a subject to the following agreement is distributed by ZestCyber and provided by Attractsoft GmbH, registered in Germany, Registration No.: HRB 7963 KI.

YOU (the Client) should be aware that by signing up for an account with ZestCyber, YOU absolutely agree to position data on our servers, thus making it accessible to the wide public. Hence the Client accepts that it is beyond the power of ZestCyber to restrict such access and guarantee the security of your files. YOU are completely in charge of protecting your data on ZestCyber servers, which suggests that you consider carefully each and every piece of information before uploading it to your hosting account on ZestCyber servers. Please avoid publishing personal data that could be easily obtained by the wide public and consequently abused online.

By completing the order form and purchasing a hosting plan you agree and understand that this represents your electronic signature of this document.

ZestCyber PAID SERVICES:

1. Service agreement
   
   ZestCyber shall provide its Services to YOU [the Client] under these Terms of Service (Agreement). The Agreement is intended to keep the integrity of both ZestCyber and the Client and to protect both parties from liability. This Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
   
   By completing the Order Form and any other documents or agreements additionally specified in this Agreement, the Agreement constitutes the whole act of convention between ZestCyber and the Client, thus being the most significant document of the established relationship. In case a court of competent jurisdiction considers that any of the Agreement's provisions are invalid, unenforceable, or void, the remaining provisions will completely reserve their validity.
   
   The Client's side of the Agreement could be presented by an individual with personal demands being over 18 years of age or a legal entity such as a corporation, a limited liability company, etc. that is consistent with its state's legal system. Moreover, if a person represents the Client for some reason, he/she should be legally authorized to act on his/her behalf, thus accepting, executing and delivering the Agreement.
   
   YOU understand and agree that the Service is provided on an "AS IS" basis and that ZestCyber assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Client communication or personalization settings.


2. ZestCyber hosting services
   
   
   1. Bandwidth - Each hosting plan includes prepaid and fixed bandwidth.
   
   
   2. Domains Hosted - ZestCyber hosting plans include domain hosting. Each hosting plan has a limit on the number of domains that can be hosted. For more information about the different plans refer to our website.
   
   
   3. Free Domain Registration - Free domain names are available ONLY with some annual(1,2 or 3 years) web hosting account subscriptions. Free domain name registration applies to .com, .net, .org, .us, .biz and .info domain names only for the initial year of registration. Each web hosting account can use a maximum of one discounted domain name. Please note that domain name registrations are final and cannot be refunded. In the case of the following upgrades - from FREE plan to PAID plan and from PAID plan to another PAID plan with more features - FREE domain name registration is NOT included.
   
   
   4. Disk Space - Each hosting plan includes prepaid and fixed disk space.
   
   
   5. IP Address/es - ZestCyber hosting accounts do not initially include private IP addresses. In case YOU want to buy a shared hosting plan, a shared IP address will be available for your hosting account upon purchase. Please, contact the Sales Department for more details.
   
   
   6. MySQL/PostgreSQL Database/s - All hosting plans include database/s. Please note that FREE hosting plans do not support a PostgreSQL database. Please observe the hosting plan comparison page on our website for further details or contact our Sales Department.
   
   
   7. MySQL/PostgreSQL Database/s Quota - The allocated MySQL/PostgreSQL quota per database depends on the hosting plan. Please observe the plan comparison page on our website for more details or contact our Sales Department.
   
   
   8. SSH - Secured Shell availability depends on the hosting plan. For reference please observe the plan comparison page on our website.
   
   
   9. Zacky Tools Installer - We provide an automated script installer for several popular software applications. That said, we cannot guarantee that all software applications are the latest versions available and are fully compatible with the current PHP and MySQL versions for your account. If you notice any incompatibilities please open a trouble ticket from your control panel -> trouble ticket section.


3. Background operations/add-on services
   
   All paid hosting plans of ZestCyber include, but are not limited to, the following services:
   CronTab, Zacky Script Installer, and Mailing lists integrated into the hosting Control Panel!
   These services are offered and provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS.
   
   Additionally, ZestCyber might offer the following ADD-ONS:
   
   
   1. Site Search Engine Submission - When applicable as a free add-on product, SEO submission should be requested within three months of order placement. Please note that to successfully submit your site, it should be fully functional and finished. Sites under construction, that are not finished, or without index page will be accepted.
   
   ZestCyber ADDITIONAL SERVICES - ADD-ONS, FEATURES AND VALUE-ADDED SERVICES OF FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. ZestCyber REJECTS ANY IMPLIED WARRANTIES. NONE OF ZestCyber'S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY BE HELD RESPONSIBLE AND THUS LIABLE FOR ANY POSSIBLE DAMAGES AS A RESULT OF THE USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY ZestCyber, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.


4. Service guarantees
   
   ZestCyber guarantees a 99.9% network uptime. This, however, does not apply to problems arising from:
   
   
   1. Server Hardware Breakdown.
      
      
   2. User error(s) or purposeful disruption(s) of the hosting service.
      
      
   3. Failures caused by software that is not explicitly supported by ZestCyber. Consequently, if a hardware crash is provoked by a customer, ZestCyber is beyond the control and therefore ZestCyber cannot be held responsible for the resulting downtime.
   
   Third party monitoring service reports may not be used as proof of downtime due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.


5. Account usage & hosted content
   
   
   1. Your account content MUST comply with the parameters stated in this Agreement. Web content requirements forbid the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a ZestCyber representative regarding any inquiries over this matter.
   
   
   2. If any of ZestCyber Services are used for the illegal purpose of SPAM, then those services will be terminated immediately and permanently. If unauthorized access is detected, ZestCyber reserves the right to prohibit without notice the use of ZestCyber hardware or any software hosted on a ZestCyber server for trying to illegally access another hosted machine or network.
      
      You absolutely agree and understand that by breaking this paragraph and generally this agreement your account will be closed without notice and no refund will be issued. A chargeback of the amount will be prosecuted legally by ZestCyber legal advisers to the full extent of the law.
   
   
   3. Inactivity period
      
      
      1. During the first three months after your account's expiration date, we will send you weekly notifications regarding your account's status and the available renewal options. Failure in renewing your account during this period will result in the deletion of your account's data.
      
      
      2. If your account has been blocked due to a violation of the Terms of Service, abuse, SPAM, or any other malicious activity, then it's data will be deleted after 15 days without any notice.


6. Money back guarantee
   
   ZestCyber offers a 30-day money-back guarantee. If you are not satisfied with our hosting service within the time frame of 30 days after you purchased the account, you need to contact our Sales Department and you will receive a full refund for your hosting plan. Any domain registrations/transfers (free within a web hosting plan) are final and do not fall under the money-back guarantee and will be a subject to the regular domain price per year. For detailed information about refunds please refer to our Terms Of Services - Refund Policy.
   
   In the case of a bank wire refund, a fee of 10.00USD is added and the reverse bank wire is sent at the client's expense. To process the reverse bank wire we need you to submit (via a trouble ticket) the following details: Last name, First name or Company name, City, IBAN, and BIC.


7. Payment and chargebacks
   
   All customers should abide by the following verification procedure.
   
   
   1. Services are distributed by ZestCyber and provided by AttractSoft GmbH. By signing up for these services you agree that you will be charged the respective amount for these services by the respective merchant provider under vendor name AttractSoft GmbH. When signing up for a web hosting service with ZestCyber, customers agree to all the specified Terms in this document. Thus, ZestCyber will utilize this document as evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he/she accepted them at the time of the order.
   
   
   2. ZestCyber will charge the customers fees based on the fee structure at the time of the sign-up process. ZestCyber reserves the right to introduce changes to the packages when needed regarding price and a set of features. This means that the current price list may differ from the pricing and features of the customer's account.
   
   
   3. We always aim to keep web hosting, VPS, domain, and SSL services without interruption. Therefore the services we provide will be renewed automatically unless notified prior to the expiration date of the specific service. Domains and SSL renewals are non-refundable as they are provided by third party companies, which have an irreversible order policy.
   
   Chargebacks are not an acceptable way of receiving a refund. Any client who initiates a credit card chargeback on an order will be a subject to collections and legal actions. He/she will be charged 30.00 USD, because when signing up with ZestCyber, customers accept these terms and conditions, thus agreeing to observe them strictly.
   
   For detailed information about the account/order verification process, our delivery policy, invoicing and payment restrictions please refer to our Terms Of Services - Provisioning & Invoicing.
   
   For detailed information about refunds please refer to our Terms Of Services - Refund Policy.


8. Warranties and representations
   
   ZestCyber provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when the customer's hosting with ZestCyber experiences service interruption issues.


9. No unlawful or prohibited use
   
   As a condition of your use of the ZestCyber Services, you will not use the ZestCyber Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any ZestCyber Services, other accounts, computer systems or networks connected to any ZestCyber Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the ZestCyber Services.
   
   ZestCyber, in its sole discretion, reserves the right to disclose at any time any piece of information that ZestCyber deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove, in whole or in part, any piece of information or material.


10. Third party
    
    Any dealings with third parties (as well as advertisers) included within the ZestCyber Services or participating in promotions, delivery and payment of goods and services, and any other terms, conditions, warranties and representations associated with such dealings or promotions, are solely between you and the advertiser or the other third party. ZestCyber cannot be held responsible or liable for any part of such dealings and promotions.


11. Termination
    
    YOU agree that ZestCyber, in its sole discretion, may terminate your password, account (or any part thereof) as well as the use of the Service, and remove and discard any Content within the Service.


12. Your responsibilities
    
    YOU are solely responsible for the content of your web pages, messages or data that you or your sites' users upload to ZestCyber servers. Using the ZestCyber Services in connection with surveys, contests, pyramid schemes [HYIP], cryptocurrency miners/faucets, gambling, chain letters, junk e-mail, spamming or any duplicative or unsolicited messaging (commercial or otherwise) is strictly prohibited.
    
    In consideration of your use of the Service, YOU agree to:
    
    
    1. Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form
       
       
    2. Regularly check and promptly inform us to update your Registration Data in order to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or ZestCyber has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZestCyber has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
       
       
    3. YOU will receive a password and an account designation upon completing the Service registration process. YOU are responsible for maintaining the confidentiality of your account details, and YOU are fully responsible for all activities that are associated with your account. YOU agree to:
       
       
       • immediately notify ZestCyber, of any unauthorized use of your password, account and/or any other breach of security;
       
       
       • ensure that you exit from your account at the end of each session;
       
       
       • refrain from posting, disclosing, providing, selling or offering to sell your account details provided by ZestCyber to any third parties;
       
       ZestCyber cannot and will not be held liable for any loss or damage arising from your failure to comply with these terms and conditions.
    
    
    4. Any Customer in violation of our system or network security and/or enormously overloading/over flooding the servers' resources is subject to criminal and civil liability, as well as an immediate account termination. Examples include, but are not limited to, the following:
       
       
       • Unauthorized access, use, probe, rootkit or scan of a system's security or authentication measures, data or traffic;
       
       
       • Interference with the service of any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system, and broadcast attacks;
       
       
       • Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting;
    
    
    5. The Customer agrees not to publish on or over his/her account any information, software or other content which violates or infringes upon the rights of any third party or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
    
    
    6. ZestCyber does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
       
       
       • Infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy;
       
       
       • Violate any law, statute, ordinance or regulation;
       
       
       • Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
       
       
       • Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party's computer or property;
       
       
       • Contain Proxy, Pirated or Hacking / Phreaking Software (Warez), streaming of media (audio/video), file sharing services. Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torrent sites or links to Torrent sites;
       
       
       • Sites related or directly providing escort services;
       
       
       • Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
    
    
    7. The use of phishing or mimic sites is strictly prohibited on ZestCyber. Any user's account suspected in such activity will be terminated WITHOUT a refund and legal actions will be started to the full extent of the law.
    
    
    8. YOU acknowledge and agree that ZestCyber might change these Terms of Services without notice and you are solely responsible for checking for such changes, follow up and comply with them.
    
    In conclusion, any client not observing the aforementioned rules is subject to an immediate account termination without a refund!


13. Customer website; customer warranties/guaranties
    
    
    1. When buying a hosting plan with ZestCyber, customers agree to be fully responsible for the deployment, development, operation and maintenance of their website, online store and/or e-commerce activities within that space. Each customer is in charge of all the products, services, contents, and materials appearing online, including:
       
       
       • the accuracy and relevance of the Customer's content and material showcased in his/her store or products;
       
       
       • the certainty that the Customer's content and materials appearing on his/her store or products do not violate or infringe upon the rights of any third party;
       
       
       • the certainty that the Customer's content and materials appearing on his/her store or products are not calumnious or somehow illegal. The Customer is the only one in charge of approving, processing, filling customer orders, and taking care of customer requests and complaints. The Customer is the only one in charge of the payment or satisfaction of any and all taxes related to his/her website/s and online store/s.
    
    
    2. The Customer bears the responsibility for ensuring the security and confidentiality of his/her customer's data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her website/s or online store/s.
    
    
    3. Each Customer guarantees to ZestCyber that he/she owns or possesses the right to use the Customer Content and the corresponding material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to ZestCyber that the use, reproduction, propagation, and transmission of the Customer Content and any information and materials contained inside do not, and will not:
       
       
       • infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party;
       
       
       • break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.
    
    
    4. Each Customer empowers ZestCyber to reproduce, copy, use and propagate any and all parts of the Customer content for the purposes of ensuring and maintaining the Services operation. ZestCyber is granted the right to assess the extent to which these operations need to be performed.


14. Unsuitable behavior
    
    Any indecent, abusive or insulting treatment towards a ZestCyber employee will be considered inappropriate. Each Customer is expected to conduct in a well-behaved manner when communicating with ZestCyber employees regarding any requests for help through e-mail, phone, etc. Each Customer should avoid applying any form of a written emotional outburst. All attempts of uncontrolled behavior will be interpreted as a breach of this Agreement.
    Other acts of treatment towards ZestCyber employees that will be considered as unacceptable include verbal, oral, written or delivered by a second party threats that are addressed to ZestCyber or any of its employees, partners, equipment, and concerns. All forms of such threats will be interpreted as a breach of this Agreement. ZestCyber reserves the right to restrict or completely stop access to the client's account and even to permanently disable the client's hosting account without issuing a refund if any of the aforementioned rules are violated and if further communication is not possible due to continued bad mannered client behavior!


15. Spamming is prohibited
    
    We take a zero-tolerance stance against the sending of unsolicited e-mails, bulk emailing, and SPAM. Any user who sends out SPAM will have their account terminated with or without a notice. We will determine, in our sole discretion, whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
    
    
    • Advertising of your ZestCyber hosted site using Unsolicited Email (spam). This is strictly prohibited and your account will be removed immediately if it is involved in any type of spam activity;
    
    
    • The bulk sending of unsolicited messages, or the sending of unsolicited e-mails which invoke complaints from the recipients;
    
    
    • The sending of junk mail;
    
    
    • The use of distribution lists that include people who have not given explicit permission to be included in such distribution channels;
    
    
    • The posting of commercial ads to USENET newsgroups that do not permit them;
    
    
    • The posting of articles containing binary encoded data to non-binary newsgroups;
    
    
    • The excessive and repeated posting of off-topic messages to newsgroups;
    
    
    • The excessive and repeated cross-posting;
    
    
    • Excessive email sending/receiving: over 50 emails in 2 minutes; over 150 emails in one hour; over 1000 emails in one day;
    
    
    • The e-mail harassment of another Internet Customer/s, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;
    
    
    • The e-mailing of age-inappropriate communications or content to anyone under the age of 18;
    
    ZestCyber reserves the right to require changes or disable as necessary any website, account, database, or another component that does not comply with its established policies or to make any such modifications in an emergency at its sole discretion.
    
    
16. Zacky tools sources modification
    
    ZestCyber reserves the right to modify the sources of the applications installed via ZackyTools in order to meet specific company needs. Such needs may be (but not limited to):
    
    
    • Template modification;
    
    
    • Branding modification;
    
    
    • Default incoming/outgoing links modification. Such modifications can be removed and the application reverted to its very default state upon written request (either via a Trouble Ticket or an email message to support@supportindeed.com ).


17. Account HDD resources usage
    
    
    1. Each and every ZestCyber Customer agrees not to allocate more than 4999MB of their hosting account space to:
       
       
       • image and multimedia (.gif, .png, .avi, .mpg, .jpg, .mp3, .m4v, .3gp) files;
       
       
       • archive (.rar, .zip, .tar, .gzip, .iso, .nrg, .cue, .ccd, .img, .sub, .cue) files;
       
       
       • DB dump backup (.sql, .pgsql, .mssql, .mysql) files;
       
       
       • .exe, .pdf, .psd, .ppt files;
       
       
       • any identical file types.
    
    
    2. Each and every ZestCyber Customer agrees not to allocate more than 3000MB of their hosting account space for the storage of emails.
    
    
    3. Each and every ZestCyber Customer agrees not to allocate more than 1000MB of their hosting account space for the storage of databases.


18. Account DB resources usage
    
    ZestCyber provides its Customers a shared hosting service with the ability to use MySQL and PostgreSQL database engines. The very nature of the service requires that database server resources are shared. The number of available databases depends on the package that the Customer has signed up for. The database engines described above should be used by the Customer in a manner that will not affect server performance and no downtime can be caused due to over-usage.
    
    Every web hosting account can use up to 50 000 connections (per single database) per hour and also up to 30 concurrent connections towards a single database.
    
    In case a database is detected to use more than 20% of the shared database server's CPU, ZestCyber reserves the right to suspend the account associated with the database without any prior warning.


19. Account CPU/RAM resources usage
    
    ZestCyber provides its Customers with the ability to use CPU and RAM on a shared principle. The resources described above should be used by the Customer in a manner that will not affect server performance and no downtime can be caused due to over-usage. In case that a process is detected to use more than 20% of the shared CPU/RAM, ZestCyber reserves the right to suspend the account associated with the process without any prior warning.


20. Inodes resources usage
    
    Every file (web page, image, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared web hosting account may potentially result in a warning first, and if no action is taken, future suspension.


21. Definition of unlimited disk space and traffic usage
    
    Being a web hosting provider, we are greatly committed to helping our clients build their online presence. That is why we impose no limits on the disk space and traffic on plans having these features advertised as "unlimited".
    
    While we want to be sure we are providing a good service to all of our clients, we still require customers to comply with paragraph 17. ACCOUNT HDD RESOURCES USAGE and paragraph 23. TRAFFIC RESOURCE USAGE, which set the norm in Disk Space and Traffic usage for personal and business websites.
    
    The nature of the shared web hosting service we provide may force us to put constraints on specific accounts that are affecting others accounts by abusing the server's resources beyond what is expected to be a normal utilization of Disk Space and Traffic. Normal usage for personal and business websites is considered usage similar to the average resource utilization of our other customers.
    
    An example of abnormal usage might be resource usage of a large corporation compared to a small personal or business website or storing a large number of video, audio or other files that require more resources to support.
    
    With this in mind, we want to stress on the fact that we are providing hosting through a shared environment and each website may impact the performance of other websites. While our hosting platform has a custom architecture designed to endure great loads generated from the shared accounts, occasional disruptions may result in from customer's abnormal activities.
    
    Disruptions are rare because we carefully manage accounts that are over-utilizing the platform's resources. In order to ensure the normal operation of our platform, we reserve the right to suspend web hosting accounts that are degrading its performance. In any case, we notify the owner by e-mail prior or consequential to account suspension and we are doing our best to cooperate with the affected customer to resolve the issue.


22. Backups, data loss, and backup limit
    
    Your use of the service is at your sole risk. Our backup service is provided to you only as a courtesy. Our backup service runs each week and we keep backups only from the last three weeks. ZestCyber is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on ZestCyber servers. Any shared account using more than 3GB of disk space will be removed from our off-site backup. Emails are not backed up. All data will continue to be mirrored to a secondary drive (RAID backup) which helps to protect against data loss in the event of a hard drive failure.


23. Traffic resource usage
    
    ZestCyber provides a monthly traffic allowance. The allocated traffic allowance depends on the package. In case you pass the allocated monthly traffic, we reserve the right to suspend your account until the next month cycle starts, or until additional traffic allowance is ordered. Unused traffic in one month cannot be carried over to next months.
    
    With regard to the Unlimited data traffic packages on the shared hosting platform, a fair use policy will apply. If you generate more server traffic than is deemed acceptable by ZestCyber, to the detriment of other ZestCyber customers, ZestCyber reserve the right to interrupt the service. Unlimited data transfer applies to your use of web pages only (HTML, PHP, etc.), and not for the storage of movies, pictures, audio files, downloads, etc.
    ZestCyber reserves the right to suspend and/or terminate any account that has traffic over-utilization and endangers the normal function of the shared hosting platform.


24. Web server resource usage
    
    ZestCyber provides a shared hosting service. The very nature of the service requires that Web Server resources are shared. Every web hosting account can use up to 40 concurrent (simultaneous) connections originating from one IP (regardless of the domain, subdomain) and also 40 concurrent connections towards a single vHost (domain or subdomain).


25. IP resource usage
    
    Due to depletion of the pool of unallocated IPv4 addresses, ZestCyber has to comply with the latest trends and technologies available to continue providing IPs to its customers in a sustainable way. IPs for SSL certificates are provided on a shared basis between multiple hostnames using the Apache SNI module. All SSL certificates we provide work properly with the new SNI technology, which is fully supported by the major modern browsers. However, visitors using older versions of browsers or browsers that do not support SNI might experience warnings about your website's certificate.


26. Feedback
    
    In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to ZestCyber, the Site or the Services (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalties related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now-known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us unless we have entered into a separate agreement with you that provides otherwise.


27. Force majeure circumstances
    
    ZestCyber will not be held responsible in case of a failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be caused by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of a third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for the provisioning of the Services.
    
    This agreement constitutes and represents the whole act of convention between the parties in regard to the agreement signed between them. It is not subject to any amendments, changes or modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the parties to be charged.


28. Copyrights
    
    Copyrighted material must not be placed on any Customer's account without the explicit permission of the owner(s) or the person(s) directly authorized by the owner(s). Only the owner(s) or such authorized person(s) may upload copyrighted material to the account.
    
    Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation, we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.


29. Miscellaneous
    
    ZestCyber cannot be held responsible for the content of pages hosted under its service. ZestCyber cannot be held liable for any damages or lost profits from copyright infringements or unauthorized content reproduction hosted on the ZestCyber platform as a standalone user domain or as a subdomain under our utility domains, including but not limited to the following: onlinewebshop.net, myartsonline.com, mygamesonline.org, mypressonline.com, getenjoyment.net, medianewsonline.com, scienceontheweb.net, mywebcommunity.org, sportsontheweb.net, atwebpages.com. ZestCyber does not review pages for content before they are posted and does not verify, endorse or otherwise take responsibility for the contents of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. YOU are solely responsible for all files contained in their own directory and can be held legally liable for the contents of their website.

Terms of Services - Semi-Dedicated Hosting


The service that is a subject to the following agreement is distributed by ZestCyber and provided by Attractsoft GmbH, registered in Germany, Registration No.: HRB 7963 KI.

The client (YOU) should be aware that by signing up for an account with ZestCyber, YOU absolutely agree to store data on our servers, thus making it accessible to the wide public. Hence YOU accept that it is beyond the power of ZestCyber to restrict such access and guarantee the security of any uploaded files. YOU are fully responsible for protecting your data on ZestCyber servers, which suggests that you would consider carefully any piece of information before uploading it to your Semi-Dedicated hosting account on ZestCyber servers. Please avoid publishing personal data that could be easily obtained by the wide public and consequently abused online.

By completing the order form and purchasing a Semi-Dedicated hosting plan you agree and understand that this represents your electronic signature of this document.

ZestCyber Semi-Dedicated hosting account Services:

1. Service agreement
   
   ZestCyber shall provide its Services to YOU (the Client) under these Terms of Services (Agreement). The Agreement is intended to keep the integrity of both ZestCyber and the Client and to protect both parties from liability. This Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
   
   By completing the Order Form and any other documents or agreements additionally specified in this Agreement, the Agreement constitutes the whole act of convention between ZestCyber and the Client, thus being the most significant document of the established relationship. In case a court of competent jurisdiction considers that any of the Agreement's provisions are invalid, unenforceable, or void, the remaining provisions will completely preserve their validity.
   
   The Client's side of the Agreement could be presented by an individual being over 18 years of age or a legal entity such as a corporation, a limited liability company etc. that is consistent with the state's legal system. Moreover, if a person represents the Client for some reason, he/she should be legally authorized to act on his/her behalf, thus accepting, executing and delivering the Agreement.
   
   YOU understand and agree that the Service is provided on an "AS IS" basis and that ZestCyber assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Client communication or personalization settings.


2. ZestCyber semi-dedicated hosting account service
   
   
   1. Bandwidth - Each plan includes prepaid bandwidth.
   
   
   2. Domains Hosted - ZestCyber Semi-Dedicated hosting plans include a domain Semi-Dedicated hosting account. Each plan has a fixed number of domains that can be hosted. For more information about the different plans refer to our web site.
   
   
   3. Domain Registration - Free domain names are available for all Semi-Dedicated hosting plans for the initial year of registration. Please note that domain name registrations are final and cannot be refunded.
   
   
   4. Disk Space - Each Semi-Dedicated hosting plan includes prepaid and disk space. For the exact disk space please refer to our website's Semi-Dedicated hosting plan table.
   
   
   5. IP Address/es - ZestCyber Semi-Dedicated hosting plans do not initially include private IP addresses. In case YOU want to buy an SSL, an IP address available for purchasing will be at your disposal. If you need an IP address for anything else, you should provide a good well-founded technical reason for that in a trouble ticket to our Support Team.
   
   
   6. MySQL/PostgreSQL Databases - All Semi-Dedicated hosting plans include databases. Please observe the Semi-Dedicated hosting plan comparison page on our website for further details or contact our Sales Department.
   
   
   7. MySQL/PostgreSQL Databases Quota - The allocated MySQL/PostgreSQL quota per database depends on the Semi-Dedicated hosting plan. Please refer to the plan comparison page on our website for more details or contact our Sales Department.
   
   
   8. SSH - 1 Secured Shell access is available for every Semi-Dedicated hosting plan.


3. Background operations/add-on services
   
   All paid Semi-Dedicated hosting plans of ZestCyber include, but are not limited to, the following services: CronTab, Zacky Tools Installer and a Mailing list integrated into the Semi-Dedicated hosting Control Panel! These services are offered and provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS.
   
   Additionally, ZestCyber might offer the following ADD-ONS:
   
   
   1. Site Search Engine Submission - When applicable as a free add-on product, SEO submission should be requested within three months of order placement. Please note that to successfully submit your site, it should be fully functional and finished. Sites under construction, that are not finished, or without index page will be accepted.
   
   ZestCyber ADDITIONAL SERVICES - ADD-ONS, FEATURES AND VALUE-ADDED SERVICES OF FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. ZestCyber REJECTS ANY IMPLIED WARRANTIES. NONE OF ZestCyber'S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY BE HELD RESPONSIBLE AND THUS LIABLE FOR ANY POSSIBLE DAMAGES AS A RESULT OF THE USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY ZestCyber, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.


4. Service guarantees
   
   ZestCyber guarantees a 99.8% network uptime. This, however, does not apply to problems arising from:
   
   
   1. Server Hardware Breakdown;
   
   
   2. User error(s) or purposeful interruption(s) of the Semi-Dedicated hosting service.
   
   
   3. Failures due to software that is not explicitly supported by ZestCyber. Consequently, if a hardware crash caused by a customer happens, ZestCyber is beyond the control and responsibility for the resulting downtime.
   
   Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.


5. Account usage & hosted content
   
   
   1. Your account's content MUST comply with the parameters stated in this Agreement. Web content requirements exclude the publication of illegal content or content considered inappropriate. Customers should get in touch with a representative of ZestCyber regarding any inquiries over this matter.
   
   
   2. If any of ZestCyber Services are used for the illegal purpose of SPAM, then those services will be terminated immediately. If unauthorized access is detected, ZestCyber reserves the right to ban without a notice the use of any ZestCyber hardware or software hosted on a server of ZestCyber for trying to illegally access another hosted machine or network.
      
      You absolutely agree and understand that by breaking this paragraph and generally this agreement your account will be closed without a notice and no refund will be issued. A chargeback of the amount will be prosecuted legally by ZestCyber legal advisers to the full extent of the law.
   
   
   3. Inactivity period
      
      
      1. During the first six months after your account's expiration date, we will send you weekly notifications regarding your account's status and the available renewal options. Failure in renewing your account during this period will result in the deletion of your account's data.
      
      
      2. If your account has been blocked due to a violation of the Terms of Service, abuse, SPAM, or any other malicious activity, then it's data will be deleted after 15 days without any notice.


6. Money back guarantee
   
   ZestCyber offers a 30-day money back guarantee. If you are not satisfied with our Semi-Dedicated hosting account service within the time frame of 30 days after you purchased the account, you may contact our Sales Department and you will receive a full refund for your Semi-Dedicated hosting plan. All domain registrations are final and do not fall under the money-back guarantee and will be a subject to the regular domain price per year. For detailed information about refunds please refer to our Terms Of Services - Refund Policy.
   
   In the case of a bank wire refund, a fee of 10.00USD is added and the reverse bank wire is sent at the client's expense. To process the reverse bank wire we need you to submit (via a trouble ticket) the following details: Last name, First name or Company name, City, IBAN, and BIC.


7. Payment and chargebacks
   
   All customers should abide by the following verification procedure.
   
   
   1. Services are distributed by ZestCyber and provided by AttractSoft GmbH. By signing up for these services you agree that you will be charged the respective amount for these services by the respective merchant provider under vendor name AttractSoft GmbH. When signing up for a Semi-Dedicated hosting service with ZestCyber, the customer agrees to all the specified Terms in this document. Thus, ZestCyber will utilize this document as evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he/she accepted them at the time of the order.
   
   
   2. ZestCyber will charge the customer fees based on the fee structure at the time of the sign-up process. ZestCyber reserves the right to introduce changes to the packages when needed regarding price and a set of features. This means that the current price list may differ from the pricing and features of the customer's account.
   
   
   3. When signing up for a Semi-Dedicated hosting account with ZestCyber, the customer agrees to pay the whole price of his/her subscription period upfront. All upgrades from an existing free or paid account are paid by the client based on the period stated in the client's Control Panel, Completed Orders section. Credit card accounts and associated services will be automatically renewed unless notified prior to the expiration date of service.
   
   Chargebacks are not accepted as a way of refunding. Any client who initiates a credit card chargeback of an order will be a subject to collections and legal actions. He/she will be charged 30.00USD, because when signing up with ZestCyber, customers accept these terms and conditions, thus agreeing to observe them strictly.
   
   For detailed information about the account/order verification process, our delivery policy, invoicing and payment restrictions please refer to our Terms Of Services - Provisioning & Invoicing.
   
   For detailed information about refunds please refer to our Terms Of Services - Refund Policy.


8. Warranties and representations
   
   ZestCyber provides Semi-Dedicated hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers' Semi-Dedicated hosting accounts with ZestCyber experiences with service interruption issues.


9. No unlawful or prohibited use
   
   As a condition of your use of the ZestCyber Services, you will not use the ZestCyber Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any ZestCyber Services, other accounts, computer systems or networks connected to any ZestCyber Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the ZestCyber Services.
   
   ZestCyber, in its sole discretion, reserves the right to disclose at any time any piece of information that ZestCyber deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove, in whole or in part, any piece of information or material.


10. Third party
    
    Any dealings with third parties (as well as advertisers) included within the ZestCyber Services or participating in promotions, delivery and payment of goods and services, and any other terms, conditions, warranties and representations associated with such dealings or promotions, are solely between you and the advertiser or the other third party. ZestCyber cannot be held responsible or liable for any part of such dealings and promotions.


11. Termination
    
    YOU agree that ZestCyber, in its sole discretion, may terminate your password, account (or any part thereof) as well as the use of the Service, and remove and discard any Content within the Service, if violate these terms.


12. Your responsibilities
    
    YOU are solely responsible for the content of your web pages, messages or data you or your sites' users upload on ZestCyber servers. Using the ZestCyber Services in connection with surveys, contests, pyramid schemes [HYIP], cryptocurrency miners/faucets, gambling, chain letters, junk e-mail, spamming or any duplicative or unsolicited messaging (commercial or otherwise) is prohibited.
    
    In consideration of your use of the Service, YOU agree to:
    
    
    1. Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form.
    
    
    2. Maintain and promptly inform us to update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ZestCyber has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZestCyber has the right to suspend or terminate your account and refuse any and all current or future requests to use the Service (or any portion thereof).
    
    
    3. YOU will receive a password and an account designation upon completing the Service registration process. YOU are responsible for maintaining the confidentiality of your account details, and YOU are fully responsible for all activities that are associated with your account. YOU agree to:
       
       
       • immediately notify ZestCyber, of any unauthorized use of your password, account and/or any other breach of security;
       
       
       • ensure that you exit from your account at the end of each session;
       
       
       • refrain from posting, disclosing, providing, selling or offering to sell your account details provided by ZestCyber to any third parties;
       
       ZestCyber cannot and will not be held liable for any loss or damage arising from your failure to comply with these terms and conditions.
    
    
    4. Any Customer in violation of our system or network security and/or enormously overloading/over flooding the servers' resources is subject to criminal and civil liability, as well as an immediate account termination. Examples include, but are not limited to, the following:
       
       
       • Unauthorized access, use, probe, rootkit or scan of a system's security or authentication measures, data or traffic;
       
       
       • Interference with the service of any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system, and broadcast attacks;
       
       
       • Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting;
    
    
    5. The Customer agrees not to publish on or over his/her account any information, software or other content which violates or infringes upon the rights of any third party or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
    
    
    6. ZestCyber does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
       
       
       • Infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy;
       
       
       • Violate any law, statute, ordinance or regulation;
       
       
       • Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
       
       
       • Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party's computer or property;
       
       
       • Contain Proxy, Pirated or Hacking / Phreaking Software (Warez) or streaming of media (audio/video). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torrent sites or links to Torrent sites;
       
       
       • Sites related or directly providing escort services;
       
       
       • Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
    
    
    7. The use of phishing or mimic sites is strictly prohibited on ZestCyber. Any user's account suspected in such activity will be terminated WITHOUT a refund and legal actions will be started to the full extent of the law.
    
    
    8. YOU acknowledge and agree that ZestCyber might change these Terms of Services without notice and you are solely responsible for checking for such changes, follow up and comply with them.
    
    In conclusion, any client not observing the aforementioned rules is subject to an immediate account termination without a refund!


13. Customer website; customer warranties/guaranties
    
    
    1. When buying a Semi-Dedicated hosting plan with ZestCyber, customers agree to be fully responsible for the deployment, development, operation and maintenance of their website, online store and/or e-commerce activities within that space. Each customer is in charge of all the products, services, contents, and materials appearing online, including:
       
       
       • the accuracy and relevance of the Customer's content and material showcased in his/her store or products;
       
       
       • the certainty that the Customer's content and materials appearing on his/her store or products do not violate or infringe upon the rights of any third party;
       
       
       • the certainty that the Customer's content and materials appearing on his/her store or products are not calumnious or somehow illegal. The Customer is the only one in charge of approving, processing, filling customer orders, and taking care of customer requests and complaints. The Customer is the only one in charge of the payment or satisfaction of any and all taxes related to his/her website/s and online store/s.
    
    
    2. The Customer bears the responsibility for ensuring the security and confidentiality of his/her customer's data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her website/s or online store/s.
    
    
    3. Each Customer guarantees to ZestCyber that he/she owns or possesses the right to use the Customer Content and the corresponding material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to ZestCyber that the use, reproduction, propagation, and transmission of the Customer Content and any information and materials contained inside do not, and will not:
       
       
       • infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party;
       
       
       • break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.
    4. Each Customer empowers ZestCyber to reproduce, copy, use and propagate any and all parts of the Customer content for the purposes of ensuring and maintaining the Services operation. ZestCyber is granted the right to assess the extent to which these operations need to be performed.


14. Unsuitable behavior
    
    Any indecent, abusive or insulting treatment towards a ZestCyber employee will be considered inappropriate. Each Customer is expected to conduct in a well-behaved manner when communicating with ZestCyber employees regarding any requests for help through e-mail, phone, etc. Each Customer should avoid applying any form of a written emotional outburst. All attempts of uncontrolled behavior will be interpreted as a breach of this Agreement.
    Other acts of treatment towards ZestCyber employees that will be considered as unacceptable include verbal, oral, written or delivered by a second party threats that are addressed to ZestCyber or any of its employees, partners, equipment, and concerns. All forms of such threats will be interpreted as a breach of this Agreement. ZestCyber reserves the right to restrict or completely stop access to the client's account and even to permanently disable the client's Semi-Dedicated account without issuing a refund if any of the aforementioned rules are violated and if further communication is not possible due to continued bad mannered client behavior!


15. Spamming is prohibited
    
    We take a zero-tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without a notice. We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
    
    
    • Advertising of your ZestCyber hosted site using Unsolicited Email (spam). This is strictly prohibited and your account will be removed immediately if it is involved in any type of spam activity;
    
    
    • The bulk sending of unsolicited messages, or the sending of unsolicited e-mails which invoke complaints from the recipients;
    
    
    • The sending of junk mail;
    
    
    • The use of distribution lists that include people who have not given explicit permission to be included in such distribution channels;
    
    
    • The posting of commercial ads to USENET newsgroups that do not permit them;
    
    
    • The posting of articles containing binary encoded data to non-binary newsgroups;
    
    
    • The excessive and repeated posting of off-topic messages to newsgroups;
    
    
    • The excessive and repeated cross-posting;
      
      
    
    
    • Excessive email sending/receiving: over 200 emails in one hour; over 2000 emails in one day;
    
    
    • The e-mail harassment of another Internet Customer/s, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;
    
    
    • The e-mailing of age-inappropriate communications or content to anyone under the age of 18;
    
    ZestCyber reserves the right to require changes and to disable as necessary any website, account, database, or any other component that does not comply with its established policies or to make any such modifications in an emergency at its sole discretion.


16. Zacky tools sources modification
    
    ZestCyber reserves the right to modify the sources of the applications installed via ZackyTools in order to meet specific company needs. Such needs may be (but not limited to):
    
    
    • Template modification;
    
    
    • Branding modification;
    
    
    • Default incoming/outgoing links modification. Such modifications can be removed and the application reverted to its very default state upon written request (either via a Trouble Ticket or an email message to support@supportindeed.com ).
    
    


17. Account HDD resources usage
    
    Each and every ZestCyber Customer agrees not to allocate more than 30 000MB of their Semi-Dedicated hosting account space to image and multimedia (.gif, .png, .avi, .mpg, .jpg, .mp3, .3gp) files. Each and every ZestCyber Customer agrees not to allocate more than 30 000MB of their Semi-Dedicated hosting account space to archive (.rar, .zip, .tar, .gzip, .iso, .nrg, .cue, .ccd, .img, .sub, .cue) files. Each and every ZestCyber Customer agrees not to allocate more than 30 000MB of their Semi-Dedicated hosting account space to DB dump backup (.sql, .pgsql, .mssql, .mysql) files. Each and every ZestCyber Customer agrees not to allocate more than 30 000MB of their Semi-Dedicated hosting account space to .exe, .pdf, .psd, .ppt files. Each and every ZestCyber Customer agrees not to allocate more than 30 000MB of their Semi-Dedicated hosting account space to any identical file types. Each and every ZestCyber Customer agrees not to allocate more than 3000MB of their Semi-Dedicated hosting account space for the storage of emails.


18. Account DB resources usage
    
    ZestCyber provides its Customers a Semi-Dedicated hosting service with the ability to use MySQL and PostgreSQL database engines. The very nature of the service requires that database server resources are shared. The number of available databases depends on the package that the Customer has signed up for. The database engines described above should be used by the Customer in a manner that will not affect server performance and no downtime can be caused due to over-usage.
    
    Every Semi-Dedicated hosting account can use up to 500 000, 750 000, or 1 000 000 queries per hour depending on the purchased plan, and also up to 60 concurrent connections towards a single database.
    
    In case a database is detected to use more than 20% of the shared database server's CPU, ZestCyber reserves the right to suspend the account associated with the database without any prior warning.


19. Account CPU/RAM resources usage
    
    ZestCyber provides its Customers with the ability to use CPU and RAM on a shared principle. The resources described above should be used by the Customer in a manner that will not affect server performance and no downtime can be caused due to over-usage. In case a process is detected to use more than the 20%, 35% or 50% of the shared CPU/RAM, ZestCyber reserves the right to suspend the Semi-Dedicated account associated with the process without any prior warning.


20. Inodes resources usage
    
    Every file (web page, image, email, etc) on your account uses up 1 inode. ZestCyber's Semi-Dedicated plans do not have inode limitation.


21. Backups, data loss, and backup limit
    
    Your use of the Semi-Dedicated service is at your sole risk. It is provided to you as a courtesy. Our backup service runs each week and we keep backups only from the last three weeks. ZestCyber is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on ZestCyber servers. Any shared account using more than 3GB of disk space will be removed from our off-site backup. Emails are not backed up. All data will continue to be mirrored to a secondary drive (RAID backup) which helps to protect against data loss in the event of a hard drive failure.


22. Traffic resource usage
    
    ZestCyber provides an unlimited monthly traffic allowance. A fair use policy applies to the Unlimited data traffic packages on the Semi-Dedicated hosting platform. If you generate more server traffic than is deemed acceptable by ZestCyber, to the detriment of other ZestCyber customers, ZestCyber reserve the right to interrupt the service. Unlimited data transfer applies to your use of web pages only (HTML, PHP, etc.), and not for the storage of movies, pictures, audio files, downloads, etc. Unused traffic in one month cannot be carried over to next months. ZestCyber reserves the right to suspend and/or terminate any account that due to traffic over-utilization endangers the normal function of the Semi-Dedicated hosting platform.
    
    


23. Web server resource usage
    
    ZestCyber provides a shared Semi-Dedicated hosting service. The very nature of the service requires that Web Server resources are shared. Every Semi-Dedicated hosting account can use up to 100 concurrent (simultaneous) connections originating from one IP (regardless of the domain, subdomain) and also 100 concurrent connections towards a single vHost (domain or subdomain).


24. IP resource usage
    
    Due to depletion of the pool of unallocated IPv4 addresses, ZestCyber has to comply with the latest trends and technologies available to continue providing IPs to its customers in a sustainable way. IPs for SSL certificates are provided on a shared basis between multiple hostnames using the Apache SNI module. All SSL certificates we provide work properly with the new SNI technology, which is fully supported by the major modern browsers. However, visitors using older versions of browsers or browsers that do not support SNI might experience warnings about your website's certificate.


25. Feedback
    
    In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to ZestCyber, the Site or the Services (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalties related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us unless we have entered into a separate agreement with you that provides otherwise.


26. Force majeure circumstances
    
    ZestCyber will not be held responsible in case of a failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be caused by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of a third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for the provisioning of the Services.


27. Copyrights
    
    Copyrighted material must not be placed on any Customer's account without the permission of the owner(s) or the person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may upload copyrighted material to the account.
    
    Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation, we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.

ZestCyber cannot be held responsible for the content of pages hosted under our service. ZestCyber cannot be held liable for any damages or lost profits from copyright infringements or unauthorized content reproduction hosted on our platform as a standalone user domain or as a subdomain under our utility domains, including but not limited to the following utility domains: onlinewebshop.net, myartsonline.com, mygamesonline.org, mypressonline.com, getenjoyment.net, medianewsonline.com, scienceontheweb.net, mywebcommunity.org, sportsontheweb.net, atwebpages.com. ZestCyber does not review pages for content before they are posted and does not verify, endorse or otherwise take responsibility for the contents of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. The client is solely responsible for all files contained in their own directory and can be held legally liable for the contents of their website.

Domain Names Registration Policy

THIS AGREEMENT HAS A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES.

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of domain name registration and related services ("Services"). In this Agreement "you" and "your" refer to you and the registrant listed in the WHOIS contact information for the domain name. "We", "us" and "our" refer to the registrars listed at the bottom of this document, any one of which will be the registrar for your domain name and all of which share common ownership, common terms and conditions, and a shared Services infrastructure. To determine which registrar your domain name is registered with, perform a WHOIS lookup at http://www.uwhois.com. You obtain the Services through your primary service provider, with whom we have a wholesale relationship (your "Primary Service Provider"). Your relationship with your Primary Service Provider may be governed by additional terms, as you and your Primary Service Provider may agree. "We," "us" and "our" does not include your Primary Service Provider, except when specifically mentioned or unless your Primary Service Provider is one of us (i.e., if your Primary Service Provider is also one of the registrars listed at the bottom of this document).

1. YOUR AGREEMENT: By using the Services, you agree to all terms and conditions of this Agreement; ICANN Policies, as published from time to time at icann.org; any rules, agreements, or policies of any registry of a relevant top-level domain name; the UDRP (defined below); the URS (defined below); and any rules, policies, or agreements of any relevant government. You explicitly agree that violation or refusal to comply with of any ICANN policy is a violation of this Agreement and may result in immediate termination of this Agreement.
   
   
2. CHANGES TO THIS AGREEMENT: This Agreement may change over time, either through amendments by us, changes to ICANN policy or applicable law which may or may not be reflected in the text of this Agreement, or otherwise. Before any material changes to this Agreement become binding on you (other than changes resulting from a change in ICANN policy or applicable law), we or Your Primary Service Provider will notify you of such changes by, for example, sending email to you at your email address of record. If, as a result of such a change, you no longer agree with the terms of this Agreement, your exclusive remedies are (a) to transfer your domain name registration services to another registrar, or (b) to cancel your Services, including domain name registration services, with us. Your continued use of the Services following notification of a change in this Agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds you: (1) thirty (30) days after we or Your Primary Service Provider notify you of the change, or (2) immediately if such change is a result of a new or amended ICANN policy or applicable law.
   
   
3. REGISTRANT RIGHTS AND RESPONSIBILITIES: ICANN has developed, in consultation with registrars, a webpage that identifies important registrant rights and responsibilities. The document provides a "plain language" summary of terms related to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA), for posting on registrar websites. While some of the terms included do not specifically refer to registrants, those terms are included because of the potential import to understanding registrar/registrant relations. The document also summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the RAA. The summarization of terms within this document do not override or replace the terms set forth in the RAA or within those specifications or policy. Please review these important Registrant Rights and Responsibilities.
   
   
4. YOUR ACCOUNT: You must create an account to use the Services ("Account"). Your Account is typically managed and/or provided by your Primary Service Provider. You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of your Account by you or any third party.
   
   
   1. ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
      
      
      1. You must provide certain current, complete and accurate information about you with respect to your Account information and with respect to the WHOIS information for your domain name(s). Within seven (7) days of any change to such information, you must update such information as needed to keep it current, complete and accurate. What you are required to submit will vary by registration but may include the administrative, technical, and billing contacts for your domain name registration(s) and other Services: name, postal address, e-mail address, voice telephone number, and where available, fax number. Not all data elements will be required for every domain registration, but the required elements will be detailed at time of registration or renewal. The type of information you are required to provide may change and you must provide such information and keep your Account information current. Not providing requested information may prevent you from obtaining all Services.
         
         
      2. You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase "Name Only" Services, we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from "Name Only" Services.
         
         
   2. AND DATA SHARING:
      
      Data required for the registration of a domain name varies by top-level domain. The required data for a domain name registration (�Minimum Data�) will be presented at the time of registration or renewal and may include up to:
      
      
      • Name and postal address of the Registered Name Holder;
      • Registered name;
      • Names of the primary nameserver and secondary nameserver(s) for the Registered Name;
      • Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
      • Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
      • Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.
      The Minimum Data will be shared with Enom and may be shared with the relevant authoritative registry services provider for your top-level domain. The identity of the authoritative registry services provider can be found at https://www.iana.org/whois. The Minimum Data for domains in any TLD you have registered can be found in the Data Use Information Page.
   3. ACCOUNT REVIEW, DATA MODIFICATION OR DELETION.
      
      To access, view, update, delete or download data associated with your domain name registration, you must be signed into your account. If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements. In some cases, when data is necessary for the provisioning of service, deletion of data may cancel or suspend the services you have purchased. If you have difficulty accessing your data, modifying it, or deleting it, you may request assistance by sending email to DPO @ Enom.com or using the contact information at https://www.enom.com/terms/privacy.aspx.
   4. OBLIGATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION:
      
      
      1. If, in obtaining Services, you provide information about or on behalf of a third party, you 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 Agreement, and (b) obtained the third party's express written consent to the disclosure and use of that party's information as set forth in this Agreement.
         
         
      2. You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful or abusive purpose, including but not limited to the infringement of any intellectual property right or other right; the distribution of malware; the abusive operation of botnets; phishing; fraudulent or deceptive practices; the unauthorized transfer to yourself or any other party of any domain name or Services; counterfeiting; or any other activity in violation of any laws, rules, or regulations (the "Illegal Uses"). Providing inaccurate or unreliable information, failing to update information within seven (7) days of any change, engaging in any Illegal Uses, or failing to respond for over fifteen (15) days to inquiries by us concerning the accuracy of Account and WHOIS contact information will constitute an incurable material breach of this Agreement and be a basis for suspension and/or cancellation of the Services.
         
         
      3. You are responsible for regularly monitoring email sent to the email address in your Account. You may lose your rights to the domain name(s) or your right to receive the Services if you do not respond appropriately and timely to an email sent in conjunction therewith.
         
         
   5. ACCESSING YOUR ACCOUNT:
      
      
      1. In order to change any of your Account or domain name WHOIS information, you must access your Account with your Primary Service Provider, or your Account with us. It is your duty to safeguard your Account login identifier and password from any unauthorized use. Any person in possession of your Account login identifier and password will have both the ability and your authorization to modify your Account and domain name information, initiate transfers of your domain name(s) to other registrars, initiate registrant changes to your domain names which may terminate your rights to use such domain name(s), update DNS changes to your domain name(s) which may result in changes to the content associated with your domain name(s) and take other actions which may affect or terminate your rights and access to your domain name(s) and/or the Services.
         
         
      2. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and such reasonable precautions include procedures for releasing Account access information to parties who claim to have lost Account access information. If we take reasonable precautions in relation thereto, IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND IN PARAGRAPH 13 BELOW IN THIS AGREEMENT.
         
         
      3. If you contact us alleging that a third party has unauthorized access to your Account or domain names, we may charge you administrative fees, currently set at fifty dollars ($50) per hour, for our time spent in relation to the matter, regardless of whether or not we return control over the Account and/or domain name(s) to you. You will indemnify us for any reasonable attorneys' fees and costs we may incur in relation to the matter, even if those fees and costs accrue as a result of defending an action, or responding to a threat of an action, initiated by you or a third party.
         
         
   6. SHARING OF WHOIS INFORMATION:
      
      
      1. We will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, any ICANN-authorized escrow service, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. We may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws, including by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us.
         
         
      2. ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.
         
         
5. OUR SERVICES:
   
   
   1. DOMAIN NAME REGISTRATION.
      
      
      1. We are accredited registrars with ICANN for generic top level domain names ("gTLDs") (such as .com, .net, .org, etc.). ICANN oversees registrations and other aspects of the gTLDs. We also are registrars for a variety of country code top level domain names ("ccTLDs") (such as .co.uk, .de, etc.). For a partial list of registry administrators and for more information on gTLDs, see http://www.icann.org/tlds/.Domain name registrations are not effective until the registry administrator puts them into effect. Domain name registrations are only for limited terms which end on the expiration date. For domain names which are created as a new registration out of the pool of available domain names, the term begins on the date the domain name registration is acknowledged by the applicable registry. For domain name registrations which were not returned to the pool of available domain names, the term begins on the date the previous registrant's domain name registration was acknowledged by the applicable registry.
         
         
      2. We and your Primary Service Provider are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator, including those arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration. You acknowledge that domain name registration is a service, domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, domain name registration services do not create a property interest and you have no such property interest in any domain name(s) which you may register with us.
         
         
      3. If you submit an application for pre-registration of a domain name, we do not guarantee that the domain name will be secured for you, or that you will have immediate access to the domain name if secured. In the event two (2) or more pre-registration applications are received for the same domain name and the domain name is secured, all applicants will be invited to a private auction to decide who gets the domain name. If you are such an applicant and wish to participate in the auction, you must first acknowledge any trademark claims notice that is shown to you and agree to any additional terms and conditions which may be applicable. We reserve the right to cancel any pre-registration request at any time and for any reason.
         
         
   2. AFTER MARKET DOMAIN NAMES:
      
      
      1. We offer for sale domain names that are registered to third parties (also known as aftermarket domain names) in a variety of top level domain names ("After Market Domain Name(s)"). All After Market Domain Name registrations are offered on a first come, first served basis. If you are the first to complete an After Market Domain Name registration application for a particular domain name, including payment of the purchase price we designate, we will initiate a transfer of the relevant After Market Domain Name to your Account. If the After Market Domain Name is at another domain registrar at the time of your purchase, we will transfer your purchased After Market Domain Name to us at no cost to you and will add one year to the existing registration period. If the After Market Domain Name is already located with us as the domain registrar at the time of your purchase and it has ninety (90) days or less from the date of your purchase before expiration, we will renew your After Market Domain for you for free. If the After Market Domain Name is already located with us as the domain registrar at the time of your purchase and it has ninety-one (91) days or more before expiration, you are responsible for all renewal fees. Any subsequent renewals of the After Market Domain Name will be charged at the then-current renewal fee. Once you submit your order for an After Market Domain Name, you have entered into a valid, binding and enforceable contract to pay the designated purchase price for the After Market Domain Name. Because we are selling After Market Domain Names initially registered to third parties, we have no control and make no representations regarding the accuracy or legality of domain names advertised, the accuracy or legality of any domain name listing, or the right and the ability of the third party seller to transfer the After Market Domain Name or complete the transaction. We do not control whether or not third party sellers will complete a transaction. We reserve the right to reject or cancel your After Market Domain Name registration for any reason including, but not limited to, any pricing errors. In the event your After Market Domain Name registration is rejected or cancelled by us, for any reason, we will refund in full the amount of the purchase price for the After Market Domain Name as your sole remedy.
         
         
      2. Once the After Market Domain Name is transferred into your Account, such After Market Domain Name may not be transferred away from us to another registrar during the first sixty (60) days following the transfer, during which time the After Market Domain Name may be placed on transfer lock. All of your obligations under this Agreement which apply to the registration or renewal of domain name(s) created by you apply to any After Market Domain Name(s) acquired by you, including but not limited to prohibition against any Illegal Uses.
         
         
   3. NOT INCLUDED IN THE SERVICES:
      
      
      1. We are not responsible to determine whether the domain name(s) you select, or the use you or others make of the domain name(s), or other use of the Services, infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use or allow others to use infringe legal rights of others.
         
         
      2. We might be ordered by a court or arbitrator to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your Account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. Our policy is to comply with court orders from courts of competent jurisdiction as well as UDRP and URS Panel decisions. If you contact us informing us that you are contesting a court order from a court of competent jurisdiction, we may, but are not obligated to, place a transfer lock on the domain name pending the outcome of the dispute. If you contact us informing us that you are contesting an adverse UDRP or URS Panel decision, your time limits and procedures to do so are subject to the requirements set forth in the UDRP or URS. We will not delay implementation of a UDRP or URS Panel decision based solely on your informing us that you intend to contest the decision.
         
         
   4. USE OF FREE SERVICES:
      
      
      1. In consideration for providing additional optional Services for which we do not charge an additional fee, including, but not limited to, free trials, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other free services which we may introduce from time to time (as such list may be modified by us from time to time) ("Free Services"), we may display advertising in conjunction therewith through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, appendices to emails, or any other advertising means, and we may aggregate for our own use, related usage data by means of cookies and other similar means. You will not be entitled to any of the proceeds we may earn as a result of such advertising. We may discontinue any Free Services at any time with or without providing you prior notice.
         
         
      2. From time to time we may provide you with free or low-cost domain name(s) registration services ("Promotional Name(s)"). If we do so, the services for the Promotional Name(s) will be placed in the same Account as your other domain name(s) and you will be listed as the registrant, though we may point the Promotional Name to IP address(es) of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other Accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and the terms of this Agreement will apply to such Promotional Name(s). If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and we may be listed as the domain name registrant or we may delete such domain names or make them available to others. For any domain name services, including these Promotional Names, for which you are listed as registrant but for which you do not pay the registration or renewal fee, we may assign name-servers to the domain name and point the domain name to IP address(es) designated by us until the registration or renewal fee is paid.
         
         
6. SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:
   
   
   1. We and your Primary Service Provider may reject your domain name registration application or elect to discontinue providing Services to you for any reason within thirty (30) days of a Service initiation or a Service renewal. Outside of this period, we and your Primary Service Provider may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) allegations of illegal conduct or infringement of any third party intellectual property right or other right, (v) failure to keep your Account or WHOIS information accurate and up to date, (vi) failure to respond to inquiries from us for over fifteen (15) calendar days, (vii) failure to comply with ICANN or registry policies, or (viii) if your use of the Services involves us in a violation or alleged violation of any third party's rights or acceptable use policies, including but not limited to the transmission of unsolicited email or the violation or alleged violation of any intellectual property right or other right. No fee refund will be made when there is a suspension or termination of Services for cause.
      
      
   2. At any time and for any reason, we may terminate the Services thirty (30) days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name within such thirty (30) day notice period or risk that we may delete your domain name, transfer the registration services associated with your domain name to ourselves or a third party, or suspend or modify Services related to your domain name. If we terminate Services for a reason other than cause, we will provide a pro-rata refund of your fees.
      
      
   3. If we terminate or suspend the Services provided to you under this Agreement, we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously provided to you. If we have grounds to terminate or suspend Services with respect to one domain name or in relation to other Services provided through your Account, we may terminate or suspend all Services provided through your Account.
      
      
   4. We and any registry reserve the right to deny, cancel, or transfer any domain name registration or transaction, or place any domain name(s) on lock, hold, or similar status, as we or the registry deem necessary, in either our or the registry's unlimited and sole discretion: (i) to protect the integrity and stability of the registry; (ii) to comply with any applicable registry policies and/or procedures or ICANN rules and regulations, including without limitation, the registry agreement; (iii) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (iv) to avoid any liability, civil or criminal, on the part of us or the registry, as well as our or the registry's affiliates, subsidiaries, officers, directors, and employees; (v) to correct mistakes by us, another registrar, or the registry in connection with the domain name; (vi) following an occurrence of any of the prohibited activities described in Section 4.b.ii above; (vii) per the terms of this Agreement; or (viii) for the resolution of disputes concerning the domain name.
      
      
   
   
7. FEES AND TAXES:
   
   
   1. You agree to pay, prior to the effectiveness of the desired Services, the applicable Service fees set forth on the Pricing Page or otherwise communicated to you. In the event any of the fees for Services change, we will use reasonable efforts to give you thirty (30) days prior notice of such changes on the Pricing Page or by other reasonable means. Please check the Pricing Page often for any changes to our Services fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.
      
      
   2. Unless specified otherwise, the fees for the Services do not include taxes. If we are required to pay ICANN fees or United States or international sales, use, property, value-added ("VAT"), royalty, license, or other taxes based on your use of the Services, then you must pay such fees or taxes. This section does not apply to taxes based on our income.
      
      
   
   
8. PAYMENT ISSUES: In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Services, we and/or your Primary Service Provider may suspend access to any and all Accounts you have with us and/or your Primary Service Provider and all interests in and use of any domain name registration services, website hosting, and/or email services, including all data hosted on our systems and/or on the systems of your Primary Service Provider may be assumed by us or your Primary Service Provider, as the case may be, or may be terminated. We may reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fees and our then-current reinstatement fee set forth on the Pricing Page or otherwise communicated to you. Reinstatement of Services by your Primary Service Provider may be according to the terms between you and your Primary Service Provider relating to reinstatement. If you have an issue with credit card or other payment charges, you should contact your Primary Service Provider, first, and us, second, regarding the issue before you contact your credit card or other payment process company to request a charge back or reversal of the charges.
   
   
9. EXPIRATION AND RENEWAL OF SERVICES: It is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. With respect to domain name registration services, we and/or your Primary Service Provider will email a renewal notification approximately one (1) month and approximately one (1) week prior to each such domain name's expiration. In addition, if a domain name is not renewed, we and/or your Primary Service Provider will email an additional renewal notification within five (5) days after the expiration of such domain name's registration. All renewal notifications will be sent to primary contact for the Account associated with the domain name registration. It is your responsibility to maintain current and accurate credit card information should any Services be placed on "auto-renew." We and/or your Primary Service Provider will notify you when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Services, we may attempt to renew the Services a reasonable time before expiration, provided your credit card or other billing information is available and up to date. It is your responsibility to keep your billing information up to date and we are not required to, but may, contact you to update this information in the event that an attempted transaction is not processed successfully. Please note: for certain top level domain names, the automatic renewal option is not available.
   
   
10. EXPIRATION OF A DOMAIN NAME REGISTRATION: Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry's database, we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and we may either leave your WHOIS information intact or we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
    
    
    1. Reactivation Period Process. For a period of approximately thirty (30) days after expiration of the term of domain name registration services, we may provide a procedure by which expired domain name registration services may be renewed. We may, but are not obligated to, offer this process, called the "reactivation period." You assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. We may, in our sole discretion, choose not to offer a reactivation period and we shall not be liable therefore. The reactivation period renewal process, if any, may involve additional fees which we and your Primary Service Provider may determine. We may make expired domain name services(s) available to third parties, we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or expired domain name registration services may be re-registered to any party at any time.
       
       
    2. After the reactivation period, if any, we may:
       
       
       1. Discontinue the domain name registration services at any time thereafter without notice. In which case, certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. We will participate in this process, typically called the "Redemption Grace Period" ("RGP"), for each gTLD registry administrator that provides it. We may, in our sole discretion, choose not to participate in the RGP process with respect to any or all of your ccTLD domain name registration services and we shall not be liable therefore. If available, RGP typically ends between thirty (30) and forty-two (42) days after the end of the reactivation period of the domain name services. The current RGP fee is set forth on the Pricing Page and does not include any registration fees that may also be due. We are not obliged to contact you to alert you that the domain name registration services are being discontinued; or
          
          
       2. Pay the registry's registration fee or otherwise provide for the registration services to be continued. In which case, we may then set the name-servers and the DNS settings for the domain name services, we may set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. We do not have to pay you any of the proceeds we may earn as a result. We are not obliged to contact you to alert you that the domain name registration services are being continued. The domain name will be designated as being in the extended redemption grace period ("ERGP"), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay the ERGP fee (which is the same as the RGP fee) plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you have abandoned the domain name services, and relinquish all interests and use of the domain name services; or
          
          
       3. If we auctioned the domain name services to a third party, we may transfer the domain name registration services to such third party. In which case, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services prior to the end of the reactivation period, as such reactivation period applied to you. We are not obliged to contact you to alert you that the domain name registration services are or were auctioned. We do not have to pay you any of the proceeds we may earn as a result of such an auction.
          
          
11. TRANSFERS:
    
    
    1. Transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP and URS as described in Section 17 of this Agreement, as these policies may be modified from time to time. To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is required to transfer domain services in an EPP registry (such as .org). Alternatively, you should contact your Primary Service Provider to have your domain name(s) services locked or unlocked or to obtain the EPP "AuthCode." If your Primary Service Provider is unresponsive, you may contact us to have your domain name(s) locked or unlocked or to obtain the EPP "AuthCode" though we may first contact your Primary Service Provider to request that the Primary Service Provider address the request. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within sixty (60) days of initial registration, within sixty (60) days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and losing registrars as outlined in ICANN's transfer policies. Transfer requests typically take five (5) business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire, in which event you may need to reinstate the transfer request following a redemption of the domain name, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
       
       
    2. Upon initial registration, we may place a "Registrar Lock" ("ClientTransferProhibited" status) on your domain name services and this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed, which may be done within your Account.
       
       
    3. You explicitly authorize us to act as your "Designated Agent" (as defined in ICANN's transfer policy) to approve each "Change of Registrant" (as defined in ICANN's transfer policy) on your behalf.
       
       
12. OWNERSHIP OF INFORMATION AND DATA: We own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. We own the following information for those 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, e-mail address, voice telephone number, and where available fax number of the registrant and all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of Services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.
    
    
13. AGENTS AND LICENSES: If you are registering a domain name for or on behalf of someone else, you represent that you have the authority to and will bind that person as a principal to all terms and conditions provided herein. If you license the use of a domain name you register to us or a to third party, you remain the domain name holder of record, and remain responsible for all obligations at law and under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration and for ensuring non-infringement of any third party intellectual property rights or other rights.
    
    
14. LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE SERVICES, (b) USE OF THE SERVICES, (c) INTERRUPTION OF SERVICES OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (h) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (i) APPLICATION OF ANY DISPUTE POLICY. NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL 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 WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS (US$400.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    
    
15. INDEMNITY: You hereby release and agree to indemnify, defend, and hold us, ICANN, the registry operators, and your Primary Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and court costs, for third party claims relating to or arising under this Agreement, including any breach of any of your representations, warranties, covenants or obligations set forth in this Agreement, the Services provided hereunder, or your use of the Services, including, without limitation, infringement or alleged infringement by you, or by anyone else using the Services, of any intellectual property or other right of any person or entity, or from the violation or alleged violation of any of our or ICANN's operating rules or policies relating to the Services provided. We may seek written assurances from you in which you promise to indemnify, defend, and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name Services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification (a) required under the UDRP, URS, or any other ICANN policy or any policy of any relevant registry; or (b) set forth elsewhere in this Agreement.
    
    
16. REPRESENTATIONS AND WARRANTIES: YOU REPRESENT AND WARRANT THAT NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL OTHERWISE SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
    
    
17. DISPUTE RESOLUTION POLICY: You are bound by all ICANN consensus policies and all policies of any relevant registry, including but not limited to: (i) the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm along with the UDRP Rules and all Supplemental Rules of any UDRP provider; and (ii) the Uniform Rapid Suspension System ("URS"), which is available at http://newgtlds.icann.org/en/applicants/urs, along with the URS Rules and all Supplemental Rules of any URS provider. The UDRP and URS may be changed by ICANN (or ICANN's successor) at any time. If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP and URS in effect at the time your domain name registration is disputed by the third party. In the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP and URS. If you or your domain name is the subject of litigation, we may deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate.
    
    
18. GOVERNING LAW AND JURISDICTION FOR DISPUTES:
    
    
    1. Except as otherwise set forth in the UDRP, URS, or any similar ccTLD policy, with respect to any dispute over a domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington.
       
       
    2. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration in King County, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY FORM OF A CLASS PROCEEDING. Further, unless both you and we expressly agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class proceeding. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your Account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your Account and/or domain name WHOIS information.
       
       
    3. Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you shall submit without objection, without prejudice to other potentially applicable jurisdictions, to the subject matter and personal jurisdiction of the courts (i) of the domicile of the registrant as it appears in the public WHOIS record for the domain name(s) in controversy, and (ii) where we are located, currently those State or federal courts whose geographic districts include Bellevue, Washington.
       
       
19. NOTICES: Any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account and/or domain name WHOIS information you have provided.
    
    
20. ADDITIONAL REGISTRY REQUIREMENTS. Some registries have additional contractual requirements that you agree to by registering domain names from those registries. You are responsible for reviewing any terms and conditions applicable to or provided by such registries. You can find more information about these additional contractual terms here: https://www.enom.com/terms/terms-reseller-additional.aspx
    
    
21. GENERAL: This Agreement and all applicable ICANN policies and the policies of any relevant registry, including but not limited to the UDRP and URS, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. You represent, warrant, and agree that upon entering into this Agreement, that you are not relying upon and have not relied upon any representation, promise, or statement made by anyone which is not recited, contained, or embodied in this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us. The parties hereby incorporate the requirements of 41 CFR 60-1.4(a), 300.5(a) and 741.5, if applicable.
    
    

Questions? Call sales at 1 (425) 274-4500 or visit our Help Center where you can get simple and quick product support.

.US domain requirements (NEXUS)

There are additional contact attributes required:
1. Nexus Category.
2. Nexus Country.
3. Application Purpose.


.CA domain requirements

There are additional contact attributes required:
1. Legal type.
2. Registrant of the domain (individual or company name).
3. Optional description of Registrant.
4. Trademark number.
5. Registered location of Organization.


.DE domain requirements

Should you seek to register a .DE second level domain name you, the registrant, must also agree to the requirements of the .DE registration terms and conditions in German (an English translation is available for the convenience of English speakers, but the terms as they are found in the original German agreement are the actual authoritative and legally binding documentation).

You should be aware that the terms to register a second level domain in the .DE namespace are not strictly and finally documented. For example, fees for a second level domain registration in the .DE namespace are charged on a monthly basis. Registrars, however, may provide fee payment services which would allow you to pre-pay for longer time periods. If you pre-pay for a longer period of time, you will not be given a refund by this registrar if you decide to cancel your registration prior to the end of your pre-paid period. Also, a second level domain registration in the .DE namespace is for life, though you may cancel your registration by providing one month's notice to DENIC. If you do not cancel your registration with DENIC and you stop paying the required registration fees to this registrar, then this registrar will stop making payments to DENIC on your behalf; in this case, DENIC may attempt to bill you directly (and not through this registrar). After a certain period of non-payment, DENIC may then terminate your domain name registration, though it is not clear whether you would also be released from the obligation to pay the registration fees incurred prior to the termination by DENIC. If you stop paying the required registration fees, this registrar may, but is not required to, terminate your .DE domain name registration on your behalf. It is not clear whether these terms are spelled out for prospective .DE registrants, so you are encouraged to perform your own due diligence to your own satisfaction before making the decision to register a second level domain registration in the .DE namespace.


.UK domain requirements

There are additional contact attributes required which are in effect until July 1st, 2019:
1. A legal type of the Registrant must be specified. The Registrant must be a UK resident with a valid UK address.
2. The company identification number (required for Legal Types).
3. The name of the Registrant / Company (BE CAREFUL, this cannot be changed easily).

Note: After July 1st, 2019, the above rules will no longer apply and anyone will be able to obtain a .UK domain name.

.CO.UK domain requirements

There are additional contact attributes required:
1. A legal type.
2. The company identification number (required for Legal Types).
3. The name of the Registrant / Company (BE CAREFUL, this information cannot be changed easily).


.ORG.UK domain requirements

There are additional contact attributes required:
1. A legal type.
2. The company identification number (required for Legal Types).
3. The name of the Registrant / Company (BE CAREFUL, this cannot be changed easily).


.EU domain requirements

To register a .EU domain name, you must meet one of the following requirements:
1. Undertakings having their registered office, central administration or principal place of business within the European community.
2. Organizations established within the European Community without prejudice to the application of national law.
3. Natural persons residing within the European Community.


.ASIA domain requirements

Anyone (person or entity) can be a registrant of .ASIA domains. In order to satisfy the .ASIA Charter Eligibility Requirement: one of the associated contacts for the domain (registrant, administrative, technical or billing contact) must be a legal entity in Asia. A legal entity may be a natural person of a juristic entity such as a corporation.

There are additional contact attributes required:
1. Locality of establishment.
2. Type of Entity.
3. Form of Identity.
4. Form of Identity ID Number/Code of Reference.

Your domain will become live once it has been provided to you by the registry. You may have to submit more documentary evidence or participate in an auction before you are provided the domain.


.JP domain requirements

Any individual, group, or organization that has a permanent postal address in Japan may apply for a 2nd level, General-use JP Domain Name (DOMAIN.JP).


NO Guarantee of domain registration or successful renewal on free web hosting accounts
IMPORTANT NOTICE: The Free web hosting platform is still in Development (Beta mode) and as such there are likely to be some minor defects in the system. Please note that we will do our best to provide you with decent service, however, we can NOT provide any guarantee whatsoever that we will be able to register or renew your domain successfully if you are hosted on the free web hosting platform, even if you have paid for your domain registration or renewal service.

Domain Renewal Notifications and Orders

Our system sends e-mail notifications 30, 15, 10, 5, 4, 3, 2, 1 days prior to the domain's expiration date. You are invited to renew your domain on time and if any TLD-specific renewal rules are applied, we include them in these e-mails.

We strongly recommend that you renew your domain a minimum of 48 hours prior to its expiration date. It is very important to understand that once you submit the order, it is being processed by the payment gateway, verified by our sales representatives and finally the system is sending your domain for renewal to our partnering domain registrar. This process takes time and we encourage you to be proactive and submit your renewal order early so you are sure that the payment and renewal process will be handled on time.

TLDs Details

TLD	Registration	Additional details with registration	Transfer	EPP Key	Registrar Lock	WHOIS Protect	Renewal
.com	1-10 years	No	Yes	Yes	Yes	Yes
.net	1-10 years	No	Yes	Yes	Yes	Yes
.org	1-10 years	No	Yes	Yes	Yes	Yes
.info	1-10 years	No	Yes	Yes	Yes	Yes
.biz	1-10 years	No	Yes	Yes	Yes	Yes
.us	1-10 years	Yes	Yes	Yes	Yes	No
.uk	1-10 years	Yes	Yes	IPS tag	No	No
.co.uk	1-10 years	Yes	Yes	IPS tag	No	No
.eu	1-10 years	Yes	Yes	Yes	No	No	Auto-renew
.de	1-10 years	Yes	Yes	Yes	No	No	Auto-renew
.ca	1-10 years	Yes	Yes	Yes	Yes	No
.tv	1-10 years	No	Yes	Yes	Yes	Yes
.me	1-10 years	No	Yes	Yes	Yes	Yes
.be	1 year	Yes	No	No	No	No	Auto-renew
.asia	1-10 years	Yes	No	Yes	Yes	No
.mobi	1-10 years	No	Yes	Yes	Yes	No
.cc	1-10 years	No	Yes	Yes	Yes	Yes
.cn	1-10 years	No	Yes	Yes	No	No
.tw	1-10 years	No	Yes	Yes	No	No
.co	1-5 years	No	Yes	Yes	Yes	No
.in	1-10 years	No	Yes	Yes	Yes	No
.cm	1-5 years	No	No	Yes	Yes	Yes

Transfers without EPP Key

.co.uk, .org.uk, .uk
If you initiate the transfer with eNom first, you must submit the request to the losing registrar within one week. If initiating the request to the losing registrar first, you must initiate your transfer with eNom by either the 8th of the current month or the 8th of the following month, whichever is closest to the current date. Request Retag from the losing registrar.



Transfer details

45 days rule
The 45-days transfer rule says: Due to a registry restriction (not eNom or any other registrar, but the global registry) if a domain is renewed and then transferred to another registrar within the first 45 days since the renewal, the domain will not have an additional year added to the expiration date.

.org 60 days restriction
Due to a registry restriction (Public Interest Registry; http://www.pir.org), .org domains have a 60-day transfer restriction. If a .org domain has been transferred between registrars, the Public Interest Registry does not allow a transfer of the domain for 60 days since the date the transfer was complete.

.co.uk, .org.uk, .uk 3 months rule
For .co.uk, .org.uk, .uk successful transfers where the domain name has more than 3 months remaining to expiration, the domain is not renewed for two years but just transferred. If the domain is due to be renewed in 3 months or less, the domain will be renewed for 2 years.

.co transfer rules
- Transfers of .CO domains are not permitted within the first 60 days of registration.
- Transfers of .CO domains are not permitted within 60 days of a previous transfer.
- Successful transfers will result in a one-year domain name renewal.

Renewal details
Auto-renew=ON
Certain domain names, like .EU, .DE, .BE and .JP can only be renewed via the auto-renew process.  Therefore, the auto-renew should be set to 'ON' with our registrar, if you would like these domains to be renewed at all.

This means, you have to pay/renew your domain in the last 30 days before its expiration date, which will set the auto-renew status to "ON" for your domain so that the registry can process the domain renewal.

We need to stress that any .EU, .DE, .BE and .JP domains which are not renewed prior the expiration date, then there is a chance you will not be able to get the domain back.

up to 10 years maximum renewal
Domain names can be registered for a maximum of 10 years. If your domain has not yet expired, you will be able to renew it for 9 years at the most.

Registration details

.ca approval email
When .CA domains are initially registered, CIRA sends an approval email to the registrant email contact.  The domain registration is not complete until the registrant approves it via this email. While in this "pending-approval" status, the domain will not resolve or otherwise function.  The domain will appear within your account, but you will not be able to fully manage it, especially at the registry level, until approved. The registrant has 7 days to approve the registration, otherwise, the registration is terminated.  If the registrant needs this approval email re-sent, please open a support ticket.

WHOIS details

.ca
The registry will no longer display the name, address, phone, fax or email address for Individual registrants.  It will remain as is for Non-Individual.

Change domain's WHOIS details from the DCP (Domain Control Panel)

TLD	Registrant Contacts	Admin Contacts	Billing Contacts	Technical Contacts
.com	Yes	Yes	Yes	No
.net	Yes	Yes	Yes	No
.org	Yes	Yes	Yes	No
.info	Yes	Yes	Yes	No
.biz	Yes	Yes	Yes	No
.us	Yes	Yes	Yes	No
.uk	No	No	No	No
.co.uk	No	No	No	No
.org.uk	No	No	No	No
.eu	No	No	No	No
.de	No	No	No	No
.ca	No	No	No	No
.tv	Yes	Yes	Yes	No
.me	Yes	Yes	Yes	No
.be	No	No	No	No
.asia	No	No	No	No
.jp	No	No	No	No
.mobi	Yes	Yes	Yes	No
.cc	Yes	Yes	Yes	No
.cn	Yes	Yes	Yes	No
.tw	Yes	Yes	Yes	No
.co	Yes	Yes	Yes	No
.in	Yes	Yes	Yes	No
.cm	Yes	Yes	Yes	No

1. Web Hosting Accounts
   
   All newly registered accounts, as well as upgrades from free to paid accounts, are subject to 30 days money-back guarantee. This is applicable only for annual web hosting plans (1, 2, 3, 4, and 5 years). In case you become dissatisfied with our services at any point within the first 30 days, you will receive a 100% refund for the hosting plan.
   
   In the case of web hosting renewals (after one or more billing cycles), the account is not subject to the 30 days money-back guarantee, hence the rule for the first 30 days does not apply.
   


2. Semi-Dedicated and VPS Hosting
   
   The one-month subscriptions for the Semi-Dedicated and VPS Hosting services do not fall in the 30 days money back guarantee. Refunds for 1-month subscriptions for those services can be requested only 5 days after the initial order if the services have been granted. After the 5th day from granting the services, customers can request services cancellation, but a refund will not be issued.
   Dedicated IP address purchases for VPS hosting are final, provided on an as-is basis, non-refundable and cannot be changed. To obtain a different IP address, the customer needs to make a purchase for a new IP address.


3. Domain Names
   
   Domain name sales are final and non-refundable. At the time of purchase, you are the sole owner of the domain(s) purchased through our service. In case you decide to leave our hosting service at the end of your billing cycle or take advantage of the 30 days money-back guarantee, domain names are transferable to another provider.
   
   Changes to registered domain names i.e. incorrect spelling, cannot be made once the domain has been purchased. Please explicitly verify the spelling of your domain name before purchase.
   


4. Free Domain Names
   
   In case you get a free domain name within a web hosting package purchased, and you decide to take advantage of the 30 days money-back guarantee, you absolutely agree and understand that domain name registrations/renewals are non-refundable. Therefore, upon requesting a refund based on the 30 days money-back guarantee, you agree that the amount of regular price for the domain name registration/renewal will be held before a refund for the hosting account is issued.
   


5. Domain Privacy Protection
   
   Domain privacy protection services are final and non-refundable. In case you decide to leave our hosting service at the end of your billing cycle, domain privacy protection services are not transferable, despite the fact that domain names can be transferred to another provider.
   


6. SSL certificates and IP addresses
   
   SSL certificates have to meet different cancellation requirements, to find an up-to-date refund policy for SSL certificates please check our Certificate Services Agreement to find the Subscriber Agreements for your specific SSL type.
   IP address purchases for SSL certificates are final, provided on an as-is basis, non-refundable and cannot be changed. The IP addresses for SSL certificates work on a shared principle to reduce costs for the customer.


7. Zacky Website Builder
   
   The Zacky Website Builder plan is an add-on service that works independently from the hosting platform. The service activation is subject to the 30 days money-back guarantee, but after the 30 day period, the service becomes non-refundable.
   


8. Auto-renewals & Chargebacks
   
   We always aim to keep web hosting, VPS, domain, and SSL services without interruption. Therefore, the services we provide will be renewed automatically, unless notified prior to the expiration date of the specific service. Domain and SSL renewals are non-refundable as they are provided by third party companies, which have an irreversible order policy.
   
   Chargebacks are not accepted as a way of refunding. Any client who initiates a credit card chargeback of an order will be a subject to collections and legal actions. He/she will be charged starting from 20.00USD and up to 50.00USD for a higher amount, because when signing up with ZestCyber, customers accept these terms and conditions, thus agreeing to observe them strictly.

Provisioning and Invoicing

1. Processing Payment Orders
   
   Upon the successful processing of your payment details, you will be informed about the order status and its reference number, both on our thank-you page and via e-mail (the e-mail address you have provided during the registration process). The thank-you page and the thank-you e-mail message include instructions about your order approval and activation.


2. Sales Receipt
   
   Upon the successful processing of your payment details, you will also receive a sales receipt via e-mail (the e-mail address you have provided during the registration process) containing information about the charges made and the items ordered.


3. Order Review & Approval
   
   A sales representative will review your order and approve it unless further confirmation is needed (e.g. confirmation over the phone). Please note that the account features won't be activated before the order is approved! However, you can log in and check the status of your account.
   
   If you have any concerns or questions regarding your purchase, you can use the integrated trouble ticketing system in your Hosting Control Panel, our sales email sales@supportindeed.com or you can call our
   USA Sales Phone Line: +1 (347) 223 5853 (8:30 AM - 16:30 PM EST)
   UK Sales Phone Line: +44 20 8 1234 790 (7:30 AM - 5:30 PM GMT)
   DE Sales Phone Line: +49-431-5568-3602 (8:30 AM - 16:30 PM EST)


4. Delivery Policy
   
   Upon receipt of your order, the services will be performed to you in accordance with the terms applicable to the services that you have purchased. The nature of the services that you have purchased and the date of your purchase may impact the timing of performance of the services. The services will be deemed to be successfully delivered to you upon the performance of the services.


5. Invoicing
   
   Once your account is active and your order is approved, you can send us an invoice request from the Hosting Control Panel.


6. Restrictions
   
   Promotions, discounts, and coupon codes are limited to 1 (one) time per customer.
   
   The services provided by ZestCyber might be restricted to regions or countries encountered to have heightened abuse behavior. ZestCyber reserves the right to deny providing its services to such countries to protect its network and premises integrity.

Domain Privacy Protection Agreement

Please read this domain privacy protection agreement ("Agreement") carefully. By using the domain privacy protection services ("Services"), you agree to all the terms and conditions of this agreement. You agree that the "service providers" (defined below) may amend this agreement. You agree that all new, different or additional features that change services will automatically be subject to this agreement. You agree that service providers may change this domain privacy protection agreement without further notice. If you do not agree to be bound by this agreement and any subsequent amendments hereto, do not use, access, or continue to use the services.

This Agreement is by and between WHOIS Privacy Protection, Inc., a Nevada corporation ("Backend Service Provider"), and ZestCyber who makes the Services available to you ("Primary Service Provider;" Backend Service Provider and Primary Service Provider, being together referred to herein as the "Service Providers"). This Agreement sets forth the terms and conditions of Your relationship with the Service Providers and Your use of the Services. You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement for transactions entered into by: (i) You on Your behalf; (ii) anyone acting as Your agent;. You agree that You will be bound by representations made by third parties You use to obtain the Services. You further agree to abide by the terms and conditions promulgated by the Internet Corporation for Assigned Names and Numbers ("ICANN"), including the Uniform Domain Name Dispute Resolution Policy ("Dispute Resolution Policy," http://www.icann.org/dndr/udrp/policy.htm) any policy which ICANN may establish with respect to WHOIS information, and the terms and conditions of the Domain Names Terms of Services to which you agree by registering or renewing domain(s) with ZestCyber.

1. The Domain Privacy Protection Services
   
   If you subscribe to the Domain Privacy Protection Services, each domain name registration which you control and which You designate such service will thereafter be registered in the name of the Backend Service Provider, as the registrant. Your name, postal address, email address, phone and fax numbers shall be kept confidential, subject to Section 5 of this Agreement. The following information (and not your personal information) will be made publicly available in the "WHOIS" directory for each Privacy Protected Domain:
   
   
   1. The Backend Service Provider's email address, postal address and phone and facsimile number for the registrant, administrative, technical, and billing contacts ("IDP Addresses");
   
   
   2. The primary and secondary domain name servers You designate for the Privacy Protected Domain;
   
   
   3. The Privacy Protected Domain's original date of registration and expiration date;
   
   
   4. The identity of Your registrar, domain name service provider (if different from the registrar) and the status of the Privacy Protected Domain with the registrar (such as, "active", "Registrar Lock", "client-hold", etc.).
   
   While You will not be listed as the registrant for the Privacy Protected Domains, and other than as described in this Agreement, the Backend Service Provider will not act to control the Privacy Protected Domain(s). You will retain the right to sell, transfer, or assign each Privacy Protected Domain(s); You will retain the right to control and set the DNS settings for the Privacy Protected Domain(s); You will retain the right to renew each Privacy Protected Domain name registration upon expiration (subject to your registrar's applicable rules and policies); and You will remain responsible for resolving any and all monetary or other legal claims that arise in connection with Your Privacy Protected Domain(s), subject to the remaining provisions of this Agreement.
   
   IMPORTANT: THE DOMAIN PRIVACY PROTECTION SERVICES ARE NOT A GENERAL MAIL FORWARDING SERVICE. You agree that You will not provide any third party with the Domain Privacy Protection Addresses for the purpose of having such third party transmit communications to you through the Backend Service Provider. Third parties may obtain the Domain Privacy Protection Addresses listed in the WHOIS directory by their own initiative, but You agree that You will not be the one to provide the Domain Privacy Protection Addresses to such third parties.
   


2. Provision of Personal Information
   
   You agree that for each Privacy Protected Domain, You will provide to the Service Providers and maintain as current and accurate, the following information:
   
   
   1. Your name, address, email address, postal address, phone and fax numbers;
   
   
   2. The name, address, email address, postal address, phone and fax numbers for the Privacy Protected Domain's administrative, technical, and billing contacts;
   
   
   3. The primary and secondary domain name servers for the Privacy Protected Domain.
   
   You agree to: (i) update this information immediately as it changes over time; (ii) respond within five (5) business days to any inquiries made by either Service Provider to determine the validity of personal information provided by You; (iii) promptly respond to messages regarding correspondence addressed to or involving Your IDP Domain(s), as more fully set forth in section 6 below. If You do not supply primary and secondary domain name servers, You agree that the Backend Service Provider may point Your Privacy Protected Domain(s) to an IP address of Backend Service Provider' choosing until such time as You supply primary and secondary domain name servers.


3. Renewals and Fees
   
   If You participate in automatic renewal of the Domain Privacy Protection Services You agree i) that the IDP Services shall be automatically renewed at the end of Your Domain Privacy Protection Services term, ii) that the Service Provider will attempt to charge the credit card You have on file at the then current rates, and iii) You waive any requirement to obtain your ongoing affirmative consent to any such automatic renewals. If you do not wish to automatically renew the Domain Privacy Protection Services, You agree that the exclusive method for communicating this to the Service Provider shall be by contacting Customer Service. It is Your responsibility to keep Your credit card information current and accurate, including the expiration date. If Service Provider is unable to collect renewal or other fees, you agree that a Service Provider may contact You, but is not obliged to do so, and You agree that Service Provider may suspend or terminate the Domain Privacy Protection Services as a result of the inability to obtain payment.
   
   If the Backend Service Provider elects to begin charging a fee(s) to forward communications to You (see below), You agree that you may be required to pay such fees before the communications will be forwarded. The Backend Service Provider may change its service and forwarding fees at any time. The Backend Service Provider may also charge reasonable fees for administrative tasks outside the scope of regular services. These may include but are not limited to, customer service issues that require personal service and disputes that require legal services. You are responsible for paying all fees and taxes associated with using the Backend Service Provider's services. Payment shall be made by credit card unless other options are indicated e.g. PayPal. You agree that charges may appear on the credit card statement under vendor name AttractSoft GmbH. Fees are non-refundable. If for any reason there is a chargeback for any fee previously charged to the credit card by vendor name AttractSoft GMBH, You agree that vendor name AttractSoft GMBH may, without notice, pursue all available remedies in order to obtain payment. Without limitation on other remedies which may be available under such circumstances, You agree that the Backend Service Provider may assume complete ownership of the Privacy Protected Domain(s), that the Privacy Protected Domain(s) may be sold to third parties, or that the Privacy Protected Domain(s) may be pointed to IP numbers of the Backend Service Provider's choosing, and that the Backend Service Provider may immediately cancel all services provided to You.
   
   IMPORTANT TERMS REGARDING RELATIONSHIP OF TERM OF DOMAIN PRIVACY PROTECTION SERVICES AND REGISTRATION TERM OF AN ASSOCIATED PRIVACY PROTECTED DOMAIN: You understand that your DOMAIN PRIVACY PROTECTION Services term begins on the date Your attempt to procure the Domain Privacy Protection Services is accepted by the Service Provider(s) and that it shall run for the unit of time which You order (typically, this would be one year). You understand that the Domain Privacy Protection Services term may be different than the registration term of the Privacy Protected Domain which is associated with the Domain Privacy Protection Services. If a Privacy Protected Domain expires and is deleted before the end of the term of the associated Domain Privacy Protection Services, then the Domain Privacy Protection Services associated with the domain will end when the Privacy Protected Domain is deleted and You understand that there will be no refund for any resulting unused portion of the Domain Privacy Protection Services term. If the Domain Privacy Protection Services term ends while the registration term for the Privacy Protected Domain is still ongoing, then the Domain Privacy Protection Services will no longer be provided, the personal information specified in section 2 shall be listed in the WHOIS output for the (then former) Privacy Protected Domain, and the communications forwarding services specified in section 6 will no longer be provided.
   
   For detailed information about the account/order verification process, our delivery policy, invoicing and payment restrictions please refer to our Terms Of Services - Provisioning & Invoicing.
   
   For detailed information about refunds please refer to our Terms Of Services - Refund Policy.


4. Your Representations & Warranties
   
   You represent and warrant that all information provided by You pursuant to this Agreement is truthful, complete, current and accurate and You represent and warrant that you will maintain all information in this status throughout the term of this Agreement. You also represent and warrant that You are using the Domain Privacy Protection Services in good faith and that You have no knowledge or reason to believe that Your Privacy Protected Domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party's trademark or trade name. You also warrant that neither the Domain Privacy Protection Services nor Privacy Protected Domain(s) will be used in connection with any illegal or morally objectionable activity (as defined below in section 5), or, in connection with the transmission of unsolicited commercial email ("Spam").


5. Service provider's suspension or termination of service and disclosure of your personal information
   
   In the event of any of the following:
   
   
   1. If the Privacy Protected Domain(s) is (are) alleged to violate or infringe a third party's trademark, trade name, copyright interests or other legal rights of third parties;
   
   
   2. If you breach any provision of this Agreement or an anti-Spam policy of either Service Provider;
   
   
   3. If You breach any provision of Your registrar's Domain Names Terms of Services;
   
   
   4. If necessary to protect the integrity and stability of the applicable domain name registry;
   
   
   5. If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
   
   
   6. If the Backend Service provider is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the Domain Privacy Protection Services or the Privacy Protected Domain;
   
   
   7. If necessary to comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude the use of a service such as Domain Privacy protection);
   
   
   8. If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of the Backend Service Provider, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, and employees;
   
   
   9. OR if it comes to the Backend Service Provider's attention that You are alleged to be using the Domain Privacy Protection Services for the purposes of engaging in, participating in, sponsoring or hiding Your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) appeal primarily to prurient interests; (ii) defame, embarrass, harm, abuse, threaten, or harass; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism or child pornography; (v) are tortuous, vulgar, obscene, invasive of a third party's privacy, race, ethnicity, or are 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.
   
   You understand and agree that the Backend Service Provider has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the Domain Privacy Protection Services, terminate provisioning of the Domain Privacy Protection Services, list the information You provided in section 2 in the WHOIS output or provide the information You provided in section 2 to a claimant, resolve any and all third party claims, whether threatened or made, arising out of Your use of the Privacy Protected Domain, or take any other action which the Backend Service Provider deems necessary.
   
   In the event that the Backend Service Provider takes any of the actions set forth above or in the event You elect to cancel the Domain Privacy Protection Services for any reason, neither Service Provider will refund any fees paid by You for the Domain Privacy Protection Services.
   
   You also acknowledge and agree that the Backend Service Provider may, in its sole discretion and without any liability to You whatsoever, cancel the Domain Privacy Protection Services during the first thirty (30) days after You procured the Domain Privacy Protection Services, and/or suspend Your rights under this Agreement and list the Domain Privacy Protection Addresses during resolution of a dispute or investigation of allegations.


6. Forwarding communications
   
   You agree that the Backend Service Provider will review communications sent to the Domain Privacy Protection Addresses associated with Your Privacy Protected Domain. For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail which does not appear to be unsolicited commercial mail, the Backend Service Provider may either i) forward such communication to You or ii) may attempt to communicate to you a scanned copy of a page of the communication to ascertain Your desires with respect to forwarding the communication to You. You specifically acknowledge that the Backend Service Provider may elect to not forward to You (nor to otherwise communicate with You) regarding first class postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications which offer or advertise the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from Your having used the Domain Privacy Protection Services as a general mail forwarding service (see section 1, above). You authorize the Backend Service Provider to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by the Backend Service Provider, including failures which arise from the Backend Service Provider's mistake in judging whether a communication appears to be an unsolicited communication or not.
   
   Email. The WHOIS directory generally requires an email address for every purchased domain name registration. When You purchase Domain Privacy Protection Services, the Backend Service Provider creates an email address for that domain, "yourdomainname@whoisprivacyprotect.com". Thereafter, when messages are sent to the email address listed in the Domain Privacy protected Address, the Backend Service Provider forwards such messages to the email address You listed in section 2. If such an email address becomes non-functioning or if email to such address bounces, the Backend Service Provider is not obligated to attempt to contact You through other means. You agree that the Backend Service Provider may elect, in the Backend Service Provider's sole discretion, to allow You to access Your Account and view email sent to the Domain Privacy Protection Addresses, though such alternative means of servicing Your Account is an option and not a requirement.
   
   Your Obligation to Respond to communications from the Backend Service Provider: When the Backend Service Provider receives a communication which may warrant forwarding to You, per the terms of this Agreement, the Backend Service Provider will send an email to the email address You provided to the Backend Service Provider pursuant to section 2. The email message will identify the sender of the correspondence and the date received. As an alternative, You agree that the Backend Service Provider may allow you to access Your Account to view full or partial scanned copies of (non-email) communications sent to the Domain Privacy Protection Addresses and that You may be required to interact with Your Account to have the physical originals of such communications forwarded to You and that if You do not interact with Your Account in the ways indicated upon accessing Your Account, that the communications may not be forwarded to You. In either event, You will have seventy-two (72) hours to decide whether to have the communication(s) forwarded. If you do not respond within this time period, the communication(s) will not be forwarded. The method of forwarding will be determined by the Backend Service Provider. Communication(s) may not be immediately forwarded upon Your election; there may be a delay and communication(s) may be aggregated to be forwarded together. The Backend Service Provider may begin charging fees for forwarding communications or may change the method by which communications are forwarded without a written notice.
   
   In the event that You do not respond to communications from the Backend Service Provider regarding communications received at the IDP Address, the Backend Service Provider may immediately reveal the information You provided pursuant to section 2 and/or cancel the Domain Privacy Protection Services regarding either the Privacy Protected Domain in question or with respect to all of Your Privacy Protected Domains, depending on the circumstances. This means that the WHOIS directory will revert to displaying Your name, postal address, email address and phone number. This action would be taken because the Backend Service Provider will not become involved in any legal or other matters between You and third parties.


7. Limitation of liability
   
   UNDER NO CIRCUMSTANCES SHALL EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, THE DOMAIN PRIVACY PROTECTION SERVICES, USE OR INABILITY TO USE THE PRIMARY OR BACKEND SERVICE PROVIDER(S) WEBSITE(S) OR THE MATERIALS AND CONTENT OF THE WEBSITE(S) OR ANY OTHER WEBSITES LINKED TO SUCH WEBSITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO THE BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRIMARY AND BACKEND SERVICE PROVIDERS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
   
   You further understand and agree that the Primary and Backend Service Providers disclaim any loss or liability resulting from: (i) the inadvertent disclosure or theft of Your personal information; (ii) access delays or interruptions to our website or the websites of affiliated parties; (iii) data non-delivery or misdelivery between You and the Service Providers; (iv) the failure for whatever reason to renew the Domain Privacy Protection Services; (v) the unauthorized use of the Service Provider's services; (vi) errors, omissions or misstatements by either Service Provider; (vii) deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either You or the email address listed for Your Privacy Protected Domain; (viii) processing of updated information regarding Your Account; (ix) any act or omission caused by You or Your agents (whether authorized by You or not).
   
   YOU AGREE THAT, IN ANY EVENT, THE PRIMARY AND BACKEND SERVICE PROVIDERS' RESPECTIVE MAXIMUM LIABILITY TO YOU SHALL BE CAPPED BY THE LESSER OF THE AMOUNT OF FEES PAID BY YOU TO EACH SERVICE PROVIDER IN THE PRECEDING YEAR WITH RESPECT TO THE SERVICES WHICH GAVE RISE TO THE LIABILITY OR 100.00USD PER PRIVACY PROTECTED DOMAIN.


8. Indemnity
   
   You agree to release, defend, indemnify and hold harmless the Primary and Backend Service Providers, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to this Agreement, the Domain Privacy Protection Services, the websites of the Service Providers, and/or Your use of Your Privacy Protected Domain.


9. Backend service provider warranty disclaimer
   
   THE BACKEND SERVICE PROVIDER, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE WEBSITES OF THE BACKEND SERVICE PROVIDER OR ANY WEBSITES LINKED TO SUCH WEBSITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL THE BACKEND SERVICE PROVIDER SERVICES, AS WELL AS THE BACKEND SERVICE PROVIDER WEBSITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF THE BACKEND SERVICE PROVIDER'S SERVICES AND ITS WEBSITE ARE ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.


10. Copyright & trademark
    
    You understand and agree that all content and materials contained in this Agreement, the Privacy Policy, and the Backend Service Provider website, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that the Backend Service Provider reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using any of the afore-described content and materials without the written permission of the Backend Service Provider. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.


11. Miscellaneous provisions
    
    
    1. Severability; Construction; Entire Agreement.
       You agree that if any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability, and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree that this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and the Backend Service Provider regarding the services contemplated herein.
    
    
    2. Governing Law; Venue; Waiver Of Trial By Jury.
       This Agreement shall be governed in all respects by the laws and judicial decisions of King County, Washington, excluding its conflicts of laws rules. You agree that any action relating to or arising out of this Agreement shall be brought exclusively in the courts of King County, Washington. For the adjudication of domain name registration disputes and disputes under this Agreement, you agree to submit to the exclusive subject matter and personal jurisdiction of the state and Federal courts located in King County, Washington, you agree that venue shall be proper in such jurisdiction, and you agree to waive any objection you may have to jurisdiction and venue in such forum. You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement and You agree that service upon You may be accomplished by depositing the summons and complaint in the United States mail, first-class mail, postage prepaid, addressed to the address provided by you in section 2, which service shall be deemed to be effective five days after deposit.
       
       
    3. Term of Agreement; Survival.
       The term of this Agreement begins on the date Your attempt to procure the Domain Privacy Protection Services is accepted by the Service Provider(s). The term shall run for the unit of time which You ordered when You procured the Domain Privacy Protection Services unless terminated or suspended sooner according to the terms of this Agreement. Sections 6 (Forwarding Communications), 7 (Limitation of Liability), 8 (Indemnity), 9 (Warranty Disclaimer) and 11 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.

VPS Service Agreement

This Agreement, by and between You (Hereinafter referred to as "Customer"), and AttractSoft GmbH, duly authorized and existing under the laws of Germany and EU (Registration No.: HRB 7963 KI) with its offices located at Schauenburgerstr. 116, 24118 Kiel, Germany (hereinafter referred to as "Service Provider"):

1. Agreement
   
   
   1. In consideration of the mutual covenants contained herein, the parties agree to the following:


2. Purpose
   
   
   1. The purpose of this Agreement is to define the terms under which the Service Provider will provide the Customer with VPS (Virtual Private Server) Hosting Services, defined as:
      
      1. physical space within the Service Provider's Network Operations Center to house a Service Provider-owned and supplied computer system and other equipment as may be required and identified within this Agreement hereinafter called the Customer's Server,
      
      
      2. limited physical access to the Customer's Server and
      
      
      3. a connection of the Customer's Server to the Internet using the Service Provider's public network connections.
   
   
   2. This Agreement does not include additional services such as monitoring, managed services, backup services, managed firewall services and Operating System maintenance.


3. Effectiveness, term, and renewal
   
   
   1. This Agreement shall become effective when the Customer purchases a VPS. This Customer Agreement shall remain in effect until the services provided herein are terminated, changed or canceled as allowed by the terms and conditions as contained herein.
   
   
   2. The Customer will be notified prior to the VPS service expiration. In case the service is not renewed, the VPS service will be terminated.
   
   
   3. The Customer agrees and understands that the Service Provider keeps the VPS data for one week after the service is terminated. After this period the Service Provider has the right to remove(delete)the Customer's data on the VPS.


4. Customer's server and use responsibilities
   
   
   1. The Customer's Server may provide services to a Customer and/or his/her customers, or the general public, for any legal purpose whatsoever, provided that:
   
   
   2. The Customer's Server may deliver only those network services specifically disclosed and agreed to herein. The Customer's server shall not be used as a spam mail relay and the Customer shall ensure that such service is Shutdown.
   
   
   3. The Customer's Server shall not exceed the agreed Bandwidth limits or provide services to others which might result in excessive usage of the agreed Bandwidth limits, regardless of whether such usage is in the ordinary course of business or results from any unauthorized hacking or use of the Customer's Server. Should the Customer exceed his/her allotted Bandwidth for any reason whatsoever, the Customer will have to pay for the additional Bandwidth, at the rate and terms defined in the current Service Provider price list.
   
   
   4. The Customer shall not utilize his/her Server for the delivery of unsolicited e-mail (spamming) or the spreading of viruses.
   
   
   5. The Customer shall not utilize his/her Server for cryptocurrency mining or cryptocurrency faucets.
   
   
   6. The Customer is expressly prohibited from, and shall not use the Server or the Service Provider's network to violate the security of any computer (or) network, crack passwords or security encryption codes, or transfer or serve any illegal material(s).
   
   
   7. All services provided by the Service Provider under this Agreement extend to the Customer only, and do not extend to any other person, corporation or entity, regardless of their relationship with Customer and under no circumstances will the Service Provider be obliged to support third parties.
   
   
   8. The Customer may resell space on the Customer's Server as well as its bandwidth to third parties, provided that the Customer does NOT:
      
      
      1. allow any third party to access administration or root accounts,
      
      
      2. use such service to provide dial-in or general Internet TCP/IP Access,
      
      
      3. provide or divulge login names or passwords, provided to Customer by the Service Provider, to third parties and
      
      
      4. allow any such use which is in violation of this Agreement.
   
   
   9. The Customer and all other third parties accessing or using the Customer's Server shall abide by all of the rules, regulations, and policies of the Service Provider, as well as other networks and computer systems accessed via the Customer's server, whether operated by The Service Provider, its suppliers or others. If the Customer is unsure of those policies, it is the Customer's responsibility to ascertain said policies. The Customer agrees to indemnify and hold The Service Provider harmless from any claims resulting from the Customer's use of the service that damages either the Customer or another party or parties.
   
   
   10. The server should not host sites that provide any content, points of distribution, or 'links' to sites that:
       
       
       1. Infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy;
       
       
       2. Violate any law, statute, ordinance or regulation;
       
       
       3. Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
       
       
       4. Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party's computer or property;
       
       
       5. Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torrent sites or links to Torrent sites;
       
       
       6. Sites related or directly providing escort services;
       
       
       7. Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
       
       
       8. That has malicious surveys, contests, pyramid schemes [HYIP], cryptocurrency miners/faucets, gambling, chain letters, junk e-mail, spamming or any duplicative or unsolicited messaging (commercial or otherwise).


5. Customer responsibilities for equipment, applications and data
   
   
   1. The Customer is completely responsible for the ongoing stability and the operation of the Customer's applications and server. Any assistance by the Service Provider staff may result in additional fees.
   
   
   2. Unless contracted by a separate Agreement, in writing, under no circumstances shall the Service Provider assume responsibility for the loss of information on the Customer's Server. The Customer is responsible for all secure backups of all data on the Customer's Server and is responsible for rebuilding their environment in the event of loss of this information caused by a failure of the server, or by any act, by any party, whether accidental or intentional. The customer has the option of hiring the Service Provider for the restoration of services at an additional fee. The customer is responsible for providing the Service Provider with a reliable 24-hour contact in order to be notified in the event of a failure or downtime for maintenance.
   
   
   3. The Customer shall provide The Service Provider with a list, and replacement value, detailing any and all additional equipment and software that is installed, or to be installed, on the Customer's Server in the Service Provider's Network Operations Center.
   
   
   4. The Customer shall fully insure additional software and hardware installed on Customer's server against all risk of loss, including without limitation, theft, fire, water and earthquake damage. The Customer is advised to purchase business interruption insurance to protect against lost revenue from the Customer's server in case of a prolonged disruption of services or a catastrophe.


6. Payment and chargebacks
   
   All customers should abide by the following verification procedure.
   
   
   1. The Services are distributed by ZestCyber and provided by AttractSoft GmbH. By signing up for these Services you agree that you will be charged the respective amount for these services by the respective merchant provider under vendor name AttractSoft GmbH. When signing up for a VPS hosting service with ZestCyber, the customers agree to all the specified Terms in this document. Thus, ZestCyber will utilize this document as evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he/she accepted them at the time of the order.
   
   
   2. ZestCyber will charge the customer fees based on the fee structure at the time of the sign-up process. ZestCyber reserves the right to introduce changes to the packages when needed regarding price and a set of features. This means that the current price list may differ from the pricing and features of the customer's account.
   
   
   3. When signing up for a VPS hosting account with ZestCyber, the customer agrees to pay the whole price of his/her subscription period upfront. Credit card accounts and associated services will be automatically renewed unless notified prior to the expiration date of service.
   
   Chargebacks are not accepted as a way of refunding. Any client who initiates a credit card chargeback of an order will be a subject to collections and legal actions. He/she will be charged 30.00USD because when signing up with ZestCyber, the customer accepts these terms and conditions, thus agrees to observe them strictly.


7. Service guarantees
   
   
   1. ZestCyber guarantees a 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
      
      
      1. Server Hardware Breakdown;
      
      
      2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, ZestCyber is not responsible for the downtime);
      
      
      3. Failure due to software that is not explicitly supported by ZestCyber. If a hardware crash caused by the Customer consequently happens, ZestCyber is beyond the control and responsibility of the resulting downtime.


8. Refunds and cancellations
   
   All customers should abide by the following verification procedure.
   
   
   1. Services are distributed by ZestCyber and provided by AttractSoft GmbH. By signing up for these services you agree that you will be charged the respective amount for these services by the respective merchant provider under the vendor name AttractSoft GmbH. When signing up for a web hosting service with ZestCyber, customers agree to all specified Terms in this document. Thus, ZestCyber will utilize this document as evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.
   
   
   2. ZestCyber will charge customers with fees based on the fee structure at the time of the sign-up process. ZestCyber reserves the right to introduce changes to the packages when needed regarding price and the set of features. This means that the current price list may differ from the pricing and features of the customer's account.
   
   
   3. ZestCyber offers a 30-day money back guarantee. If you are not satisfied with our hosting service within the time frame of 30 days after you purchased the account, you need to contact our Sales Department and you will receive a full refund for your Virtual Private Server. The 30-day money-back guarantee does not apply to additional paid services like VPS upgrades, domain registrations/transfers, etc.
      
      In the case of bank wire refunds, a fee of 10.00USD is calculated and the reverse bank wire is being sent at the client's expense. To process the reverse bank wire we need you to submit (over a trouble ticket) the following details: Last name, First name or Company name and BIC.
   
   Chargebacks are not accepted as a way of refunding. Any client who initiates a credit card chargeback of an order will be a subject to collections and legal actions. He/she will be charged 30.00USD, because when signing up with ZestCyber, customers accept these terms and conditions, thus agreeing to observe them strictly.
   
   For detailed information about the account/order verification process, our delivery policy, invoicing and payment restrictions please refer to our Terms Of Services - Provisioning & Invoicing.
   
   For detailed information about refunds please refer to our Terms Of Services - Refund Policy.


9. Limitation of liability
   
   
   1. The Service Provider exercises no control whatsoever over the content of the information passing through its network. The Service Provider makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. The Service Provider also disclaims any warranty of merchantability or fitness for a particular purpose. The Service Provider will not be responsible for any damage you might suffer. This includes the loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, omission or your errors or omissions. Use of any information obtained via the Service Provider's network is at your own risk. The Service Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services.
   
   
   2. The Service Provider's liability hereunder for any losses or damages suffered by the Customer or his/her customers with respect to the products and services or any other item under this Customer Agreement, whether direct or indirect, from any cause whatsoever, shall be limited to the amount paid by the Customer to the Service Provider for products and services ordered hereunder for a single billing period only. The Service Provider shall not be liable for any lost profits or for any claim or demand against the Customer by any other party based on any expressed, implied or claimed warranties by the Service Provider not specifically set forth in this Agreement.
   
   
   3. The Service Provider cannot be held responsible for the content of pages hosted under its service. ZestCyber cannot be held liable for any damages or lost profits from copyright infringements or unauthorized content reproduction hosted on our platform as a standalone user domain or as a subdomain under our utility domains, including but not limited to the following utility domains: onlinewebshop.net, myartsonline.com, mygamesonline.org, mypressonline.com, getenjoyment.net, medianewsonline.com, scienceontheweb.net, mywebcommunity.org, sportsontheweb.net, atwebpages.com. The service provider does not review pages for content before they are posted and does not verify, endorse or otherwise take responsibility for the contents of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. Users are solely responsible for all files contained in their own directory and can be held legally liable for the contents of their websites.
   
   
   4. IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   
   
   5. No action, regardless of form, arising out of this or any other Service Provider Agreement or transactions contemplated herein or therein may be brought by the Customer after more than one (1) year since the cause of action has occurred.
      
      
   6. Customer shall indemnify, defend and hold harmless the Service Provider, its directors, employees and agents from any action brought against them by any third-party in connection with this Agreement, or any other Agreement between the Customer and a third-party from any claims resulting from the use of the service by you or any of your customers or others throughout your chain of distribution, including end-users. The Customer shall pay all damages and reasonable attorney fees arising as a result of the Customer's use or misuse of any rights granted herein.
   
   
   7. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to, the Site or the Services (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us unless we have entered into a separate agreement with you that provides otherwise.


10. Compliance with laws
    
    
    1. The Customer shall at all times comply with all applicable laws and regulations of Germany and EU and all other governmental entities governing, restricting or otherwise pertaining to the use, distribution, exporting or import of data, products, services and/or technical data.
    
    
    2. The Service Provider's network may only be used for lawful purposes. Transmission of any material in violation of any German, EU or other governmental regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by a trade secret.


11. Termination
    
    
    1. The Service Provider shall have the right to immediately suspend or terminate this Agreement during any investigation of Acceptable Use Policy or Agreement violations, misrepresentation of the services offered by the Customer's Server, inappropriate use, use of excessive system or network resources which adversely affects the performance, security or reliability of the Service Provider network, or nonpayment of service fees. In the event that the Service Provider suspends or cancels the service, the Service Provider will make a reasonable effort to notify the emergency contact supplied by the Customer, prior to the actual event.
    
    
    2. The Service Provider shall have the right to suspend or terminate this Agreement for any reason, by providing the Customer with a written notice.
    
    
    3. The Customer can only cancel Services with a written notice sent to the address of the Service Provider in this Agreement. The Customer agrees that the Service Provider has the right to delete all data, files or other information that is stored on the Customer's servers, on behalf of the Customer, if either the Customer or the Service Provider cancels this agreement, for any reason.


12. Miscellaneous provisions
    
    
    1. This Customer Agreement is being executed by the Customer at the address provided for herein, and by the Service Provider in Kiel Germany, and is governed by, and shall be construed in accordance with the laws of Germany and EU.
    
    
    2. If any sentence, paragraph, clause or combination of the same in this Customer Agreement is held by a court or other governmental body of competent jurisdiction to be unenforceable, invalid or illegal in any jurisdiction, such sentence, paragraph, clause or combination shall be deemed deleted from this Customer Agreement and the remainder of this Customer Agreement shall remain binding on the parties as if such unenforceable, invalid or illegal sentence, paragraph, clause or combination had not been contained herein.
    
    
    3. In the event that litigation is required to force compliance with, or address any breach of this Agreement, the parties agree that the prevailing party shall be entitled to attorneys' fees and costs actually incurred.
    
    
    4. Relationship. Nothing in this Customer Agreement or to be done pursuant to its terms and conditions is intended to, or shall, create a partnership or joint venture, for tax purposes or otherwise, between the Service Provider and Customer. The Customer is and shall remain fully and solely responsible for all of its employees and assumes full responsibility for all costs and liabilities incurred in connection with the termination of such employees for any reason whatsoever.


13. Modification
    
    This Agreement shall constitute the entire Agreement between Customer and the Service Provider pertaining to Customer's server. This Agreement shall not be modified or altered except by a written instrument duly executed by the Customer and by an authorized officer of the Service Provider.

Certificate Services Agreement

This Certificate Services Agreement ("Agreement") sets forth the terms and conditions of your use of Certificate Services and related services ("Services"). This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as "you" or "your" (and appropriate formatives) and the distributor ZestCyber in association with AttractSoft GmbH.

1. The "Certificate Services" discussed in this Agreement are the GeoTrust QuickSSL®, GeoTrust QuickSSL® Premium, GeoTrust True BusinessID®, GeoTrust True BusinessID® with EV, GeoTrust True BusinessID® Wildcard and RapidSSL® and such other digital certificate services as may be offered by ZestCyber from time to time and as the Services are made available to you to be bought.
   
   
2. This Agreement may be modified from time to time. You acknowledge and agree that ZestCyber might change these Terms of Service without notice and you are solely responsible to check for such changes, follow up and comply with them.
   
   
3. When you purchase Services, you agree to the following "Subscriber Agreements":
   
   
   1. "Subscriber Agreements" provided by GeoTrust:
      
      
      1. The Quick SSL® Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
         
         
      2. The QuickSSL® Premium Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
         
         
      3. The True BusinessID® Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
         
         
      4. The True BusinessID® with EV Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
         
         
      5. The True BusinessID® Wildcard Subscriber Agreement, located at http://www.geotrust.com/resources/legal/terms.htm
         
         
   2. "Subscriber Agreements" provided by RapidSSL:
      
      
      1. Rapid SSL® Subscriber Agreement, located at http://www.rapidssl.com/legal/index.htm
         
         

All Subscriber Agreements may be amended from time to time and you are solely responsible to check for such changes, follow up and comply with them.

For detailed information about the account/order verification process, our delivery policy, invoicing and payment restrictions please refer to our Terms Of Services - Provisioning & Invoicing.

For detailed information about refunds please refer to our Terms Of Services - Refund Policy.

Affiliate Terms of Service

This Agreement contains the complete terms and conditions that apply to your participation as a member of the ZestCyber Affiliate Program.

1. Enrollment in this Program

   To begin the enrollment process, you will submit a completed Program Application through our website. Your account will be instantly active in our program. We will evaluate your account in good faith to ensure that you comply with all of our rules and agreements. We may reject your account if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions").

2. Restrictions

   The affiliate program provided by ZestCyber The services provided by ZestCyber might be restricted to regions or countries encountered to have heightened abuse behavior. ZestCyber reserves the right to deny providing its services to such countries to protect its network and premises integrity.

3. Utilizing Links on Your Site

   As an affiliate website of ZestCyber, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain ZestCyber's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by ZestCyber. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.

4. Commissions
   
   1. Affiliate Orders
      

      We will pay you a commission based on the below method:

      - Percentage Commission per Sale Rates:
      50 % per sale
      

      Example: If you send us sign-ups in any month at the amount of $10, 000 you will get $5,000

      It is not allowed to refer yourself and thus earn an affiliate commission.

      Based on negotiations and the number of orders that you have referred we can set a custom commission. To enquire about this feel free to contact us at affiliates [at] supportindeed.com.

      Incentive-based commissions, and offering any form of incentive to obtain a sale is forbidden unless prior approval is given and cleared by ZestCyber Staff. To inquire about whether your incentive is acceptable, please e-mail affiliates [at] supportindeed.com.

      The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing 30-days following such notice.

      Please note that commissions are paid only for orders that contain a paid shared hosting plan or VPS hosting plan.

      No affiliate commissions are paid on plans purchased for less than a year.

   2. Discounted orders
      

      No affiliate commissions are paid on discounted orders, meaning that orders that are on promotion or are discounted with a special promo code will not earn you any commission.

5. Minimum Commission Release Level

   Affiliate's commissions are issued and paid on a net-60 basis, between the 20-30th day of the month [for instance a commission for January will be paid between 20-30th of March]. The payment is reduced by 30.00USD if the payment method is a bank wire transfer or a paper cheque which the Affiliate fully agrees to be collected from their commission. The commission is issued and paid if it is over 100.00USD.

6. Commission Payment

   Commissions deemed due and owed to you under the program will be paid to you directly by ZestCyber after any holding period elapses and in accordance with the regular payout cycle established by ZestCyber. No commission will be paid for sign-ups by you or anyone within your organization. ZestCyber reserves the right to only pay for referrals that are active. Active is defined as clients with a website and domain name pointed to zestcreationstechnologies.com servers with user-uploaded content and a site accessible from the general public. Commissions can be earned per each new client referred through the unique affiliate link. There are four different payment methods through which an affiliate gets paid: PayPal, MoneyBookers, Bank transfer, Paper cheque.

7. Responsibility for Your Site

   You take full responsibility for the development, operation, and maintenance of your site and for all materials that appear on your site. You are also responsible for ensuring that the materials posted on your site do not violate or infringe upon any laws, including but not limited to German law and regulations, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have the express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe that you have engaged in any of the following:

   1. unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of ZestCyber or state law;
   2. provide inaccurate or incomplete information to ZestCyber concerning your identity, address or other required information;
   3. attempt to cheat, defraud or mislead us in any way;
   4. misrepresent to the public the terms and conditions of our sites or your sites;
   5. engage in popup advertisement network activities;
   6. iframes may only be used on pages or sites in which the other content presented on the site is related to zestcreationstechnologies.com

   You are free to bid on PPC (pay-per-click) networks for keywords related to ZestCyber with the intent to direct traffic to zestcreationstechnologies.com. However, terms that are directly related to our brand like ZestCyber, zestcreationstechnologies.com and etc are not allowed.

   However, you may bid on a phrase that includes any of the above terms, eg. "ZestCyber review", etc. When setting up the display advertisement in a PPC campaign, it is not permitted to use the display URL "www.zestcreationstechnologies.com " or "zestcreationstechnologies.com ".

   The goal of our guidelines regarding pay-per-click advertisements is to preserve the integrity of the ZestCyber brand name and reputation. We do not want affiliates, or for that matter, any third party, representing themselves as ZestCyber or presenting themselves in a way that could be confused with ZestCyber.

8. Term of the Agreements

   The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party a notice of termination. Notice by e-mail, to your e-mail address on our records, is considered a sufficient notice to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement, you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable amount of time to ensure that the correct amount is paid.

9. Modification

   We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion without further notice. Modifications may include but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve a notice as provided above unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement.

10. Relationship of Parties

    You and ZestCyber are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of ZestCyber and ZestCyber expressly disclaims responsibility for any conduct by you in violation of our terms of services.

11. Limitation of Liability

    We will not be held liable for any indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Furthermore, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

12. Disclaimers

    We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be held liable for the consequences of any interruptions or errors.

13. Representations and Warranties

    You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery, and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or Internet Service Provider present ZestCyber with a notice that you have engaged in the transmission of unsolicited bulk e-mails or that you have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.

14. Confidentiality

    We may disclose to you certain information as a result of your participation as a part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For the purpose of this Agreement, the term "Confidential Information" shall include, but will not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to ZestCyber, customer and vendor lists relating to ZestCyber and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if the same is required by law or a legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.

15. Indemnification

    You hereby agree to indemnify, defend and hold harmless ZestCyber, its officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.

16. Miscellaneous

    Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of Germany, without reference to rules governing the choice of laws. ZestCyber reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. ZestCyber will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple ZestCyber affiliate accounts spanning multiple affiliate networks are strictly prohibited. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

17. Binding Arbitration

    By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against ZestCyber or its subsidiaries in conjunction with this program. An arbitration firm selected by ZestCyber will be the sole and final arbitrator for any and all disputes or claims related or resulting from your participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.