+44 (330) 808 0463
Effective date: July 18, 2018
Blade-Conspire International Group Limited ("us", "we", or "our") operates https://blade-conspire.com/ (hereinafter referred to as the "Service").
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://blade-conspire.com/
Service
Service is https://blade-conspire.com/ operated by Blade-Conspire International Group Limited
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small files stored on your device (computer or mobile device).
Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
We collect several different types of information for various purposes to provide and improve our Service to you.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. Examples of Cookies we use:
Blade-Conspire International Group Limited uses the collected data for various purposes:
If you are from the European Economic Area (EEA), Blade-Conspire International Group Limited legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it. Blade-Conspire International Group Limited may process your Personal Data because:
Blade-Conspire International Group Limited will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Blade-Conspire International Group Limited will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside and choose to provide information to us, please note that we transfer the data, including Personal Data, to and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Blade-Conspire International Group Limited will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.
If Blade-Conspire International Group Limited is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
Under certain circumstances, Blade-Conspire International Group Limited may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Blade-Conspire International Group Limited may disclose your Personal Data in the good faith belief that such action is necessary to:
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Blade-Conspire International Group Limited aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where Blade-Conspire International Group Limited relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyse the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Blade-Conspire International Group Limited uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: https://adssettings.google.com/
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Twitter remarketing service is provided by Twitter Inc.
You can opt-out from Twitter's interest-based ads by following their instructions: https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads
You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
PayPal / Braintree
Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If you have any questions about this Privacy Policy, please contact us:
By visiting this page on our website: https://blade-conspire.com/
By phone number: +64 9 359 7484
By mail: Blade-Conspire International, 31st Floor, Vero Building Complex, 48 Shortland Street, Auckland CBD, 1010, New Zealand
Version 2.0
The Conspire Web Services website located at https://conspireweb.com/ is a copyrighted work belonging to Blade-Conspire International Group Limited. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company's suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
User Content. "User Content" means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, Conspire Web Services uses 'cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.
The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Blade-Conspire, 31st Floor, Vero Complex, 48 Shortland Street, Auckland CBD, 1010, New Zealand. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Phone: +64 9 359 7484
Address: Blade-Conspire, 31st Floor, Vero Complex, 48 Shortland Street, Auckland CBD, 1010, New Zealand
Conspire Web Services Cancellation/Refund Policy
This Cancellation/Refund policy is an agreement between you - the user of our hosting and related services (collectively, the 'Services'), and Conspire Web Services, in association with LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. All billing and hosting services are rendered by LiquidNet US LLC and LiquidNet Ltd. (billing operations will be handled here).
For the sake of brevity, Conspire Web Services, LiquidNet US LLC and LiquidNet Ltd. will be referred to as 'We', 'Us', 'Our' and 'Service Provider' in this document.
CANCELLATION & REFUNDS
The Service Provider's accounts are set up on a prepay basis. The Service Provider's customers may decide to cancel their accounts at any time, however, they will get a full refund of the service only if the cancellation request is made within 30 days of purchasing of the account, according to our Money Back Guarantee Policy
To cancel an account, the Customer needs to send an e-mail or support ticket to our Sales Department and provide any authentication credentials requested by the Service Provider. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses, etc.) offered to the Customer upon sign-up will be also canceled.
Domain name registrations/transfers, service upgrades and web hosting plan renewals are treated as non-refundable services (see below) and cannot be cancelled or refunded after being activated upon customer request. The Customer will have the opportunity to transfer his/her domain away to another host.
Late cancellations, as well as accounts canceled by the Service Provider due to TOS violations (where the customer has decided not to fix the violation) do not qualify for the 30-day money back guarantee.
All credit requests for VISA, MasterCard, American Express and Discover payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer's credit/debit card and affect the Customer's credit/debit card balance in accordance with the credit/debit card issuer's terms of service.
All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer's PayPal account and affect the Customer's PayPal balance in accordance with the PayPal's terms of service.
MONEY BACK GUARANTEE POLICY
The Service Provider offers a 30-day money back guarantee. If you are not satisfied with our hosting services, you can submit a refund request in a trouble ticket opened from your web hosting control panel, or via email sent to billing@duoservers.com, and receive a full refund for your hosting plan within 30 days of the purchasing of the account. Please, NOTE that domain name registrations/transfers are non-refundable services.
All recurring payments and all payments made via Western Union or bank wire are non-refundable and are not subject to the 30-day money back guarantee.
NON-REFUNDABLE SERVICES
Non-Refundable Services: all service upgrades, wallet refills and plan renewal services purchased from the Web Hosting Control Panel; all 1-year or multi-year domain registration or transfer services purchased at sign-up or from the Web Hosting Control Panel.
All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain's TLD, multiplied by the number of years of registration or transfer. Any refund amount credited back to the Customer in accordance with our 30-day money back guarantee will not include the cost of the non-refundable services (if any) that have been purchased with the Customer's web hosting plan upon sign-up (i.e. the Customer will be issued a partial refund on the original transaction if he/she has purchased non-refundable services within the web hosting account).
CHARGEBACKS
Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed at the Service Provider will be subject to full investigation.
When signing up for a web hosting account with the Service Provider, customers agree to the conditions explicated in our Acceptable Use Policy (AUP) and the Web Hosting Terms of Service. Thus, the Service Provider, as well as our authorized retailers (PayPal, WorldPay, 2CheckOut), will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of the Service Provider's team will be to try to contact the user. Meanwhile, the user account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and a decision has been taken for according action.
If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with our authorized retailers and the account will be re-activated.
If the user has sent a chargeback request based on groundless argumentation (to our own judgment and these Web Hosting Terms of Service), then a dispute will be started with our authorized retailers in which the Web Hosting Terms of Service and the Acceptable Use Policy of the Service Provider will serve as proof of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents will decide whether the Customer has had sufficient grounds for the chargeback or the Service Provider has the right to a reverse payment.
In case that the chargeback originates from a fraudulent user and no reverse payment procedure can be initiated, then the respective hosting account will remain suspended.
Conspire Web Services Order Verification Policy
These Terms of Service (the 'Agreement') are an agreement between you - the user of our hosting and related services (collectively, the 'Services'), and Conspire Web Services, in association with LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. All billing and hosting services are rendered by LiquidNet US LLC and LiquidNet Ltd. (billing operations will be handled here). Legal details about the two companies can be found in the 'Customer Service Contact Details' section of this document.
For the sake of brevity, Conspire Web Services, LiquidNet US LLC and LiquidNet Ltd. will be referred to as 'We', 'Us', 'Our' and 'Service Provider' in this document.
This document contains all details about our order verification procedure. Its aim is to fill you in on our policy towards Internet frauds. Our company's policy is to strictly scrutinize each new order and verify the payment details of each new customer.
How does the verification procedure take place?
*Step 1.* You place an order for a hosting account with us through our order form. A money transaction follows through the selected payment method.
NOTE: If you have attempted to pay for a service, but the payment has not managed to go through for some reason, you will receive a one-time email from our Sales Department with details about the requested service and the steps needed to take to complete the payment.
*Step 2.* We receive a notification email from our authorized retailer (PayPal, WorldPay, 2CheckOut) for the transaction.
*Step 3.* An order verification procedure commences within one hour after the notification has been received (on weekends this period may be longer).
*Step 4.* A sales representative of ours compares your IP location with your billing address and the location information given in your hosting account.
*Step 5.* Payment confirmation by phone is made at a time convenient for you. If we can’t reach you by phone, we’ll send you an email, asking you to present us with another phone number which you can be reached at in order to confirm the payment. If within a 48-hour period you still haven’t confirmed the payment, the order will be cancelled and the account will be blocked.
IMPORTANT: All new PayPal payments come to us with a status ‘Authorized’, but no funds are cleared into our account yet. Within the period of 48 hours the ‘Authorized’ status should be updated to either ‘Capture’ (if we approve the payment), or ‘Void’ (if we fail to approve the payment). The funds will be cleared into our account as soon as (and only if) the payment goes into ‘Capture’ status. Please, MIND that your successfully cleared payment will consequently show up with the following statuses - ‘Authorized’ and ‘Capture’, in your PayPal statement. This does NOT mean that you have been charged twice for the service.
We take no responsibility if, during the order verification process, the domain chosen by you has been registered by someone else, since we register domain names only after the payment has been confirmed. If this is the case, then you might wish to register another domain(s).
CUSTOMER SERVICE CONTACT DETAILS
Customers can get in touch with our Customer Care representatives via any of the options listed below.
Technical Support
Via the ticketing systems - open a trouble ticket from the Web Hosting Control Panel (section Help Center - > Open New Ticket). 1-hour support response is guaranteed! (anchor to 1-hour Support Response Guarantee from Service Level Guarantees popup)
Pre-sale and general questions
Conspire Web Services Terms of Service
These Terms of Service (the 'Agreement') are an agreement between you - the user of our hosting and related services (collectively, the 'Services'), and Conspire Web Services, in association with LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. All billing and hosting services are rendered by LiquidNet US LLC and LiquidNet Ltd. (billing operations will be handled here). Legal details about the two companies can be found in the 'Customer Service Contact Details' section of this document.
For the sake of brevity, Conspire Web Services, LiquidNet US LLC and LiquidNet Ltd. will be referred to as 'We', 'Us', 'Our' and 'Service Provider' in this document.
As a Customer of our Services, you need to be aware that, when signing up for an account with us, you accept and agree to abide by our Web Hosting Terms of Service (this document) and our Acceptable Use Policy (AUP). The Order Form completion of the Service represents the electronic signing of these two documents.
As a Customer of our Services, you understand and agree also that it is beyond our power to restrict any public access to the data that you position on our servers and guarantee the security of your files. In this respect, you accept that it is your obligation to protect all the information that you make available to the wide internet public through our web hosting network and assume all responsibility for unveiling online personal data that could be abused.
SERVICE ACTIVATION AND CONTINUANCE TIMESCALE
30-DAY FREE TRIAL
All our web hosting plans include a 30-day free trial option, which can be enabled as soon as a given Customer has created an account. Only new Customers can take advantage of this possibility. The free trial period itself will expire 30 days after activation.
During the free trial period, the account will operate with several limitations, which may differ based on the chosen package. More information on the subject will be sent to the Customer on the free trial period's start date. After the trial period ends, the Customer will no longer have access to the Service unless they complete their purchase.
All customer's data will be kept for up to 30 days after the end of the free trial period. In case that the customer does not complete the order procedure within that period, the data will be deleted from our servers.
At any given time during the free trial period, the Customer may convert their free account into a standard paid account by clicking the “Complete Order” button in the Web Hosting Control Panel.
SERVICE ACTIVATION
For newly signed up clients - the services are activated immediately after our Sales Department gets in touch with the customer over the phone to verify the payment details (this is required due to the high fraud activity spreading online, and in order to be prevented fraudulent orders). The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled.
For existing customers - the services for existing customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.
CONTINUANCE TIMESCALES
Shared Web Hosting Accounts - all newly-created shared hosting accounts with the Service Provider are valid for 1 year. They can be regularly renewed for another year that is added to the official expiration date of the account. All account upgrades purchased from the Web Hosting Control Panel are valid and are to be functional till the final expiration date of the respective web hosting account.
Domain Name Registration/Transfer - the Service Provider offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. The TLDs can be purchased either together with a shared hosting account (at regular or PROMOTIONAL price) or separately as an upgrade from the Web Hosting Control Panel (all TLDs - at NON-PROMOTIONAL prices). The table below displays the minimum and maximum registration period, as well as the annual NON-PROMOTIONAL price of each TLD:
| tld | min/max period of registration @ min period price |
|---|---|
| .ae | 1-5 years @ $37.95 per year |
| .asia | 1-10 years @ $19.95 per year |
| .at | 1 years @ $15.50 per year |
| .be | 1 years @ $11.95 per year |
| .biz | 1-10 years @ $14.95 per year |
| .business | 1-10 years @ $12.95 per year |
| .ca | 1-10 years @ $19.95 per year |
| .cc | 1-10 years @ $29.95 per year |
| .ch | 1 years @ $13.50 per year |
| .church | 1-10 years @ $29.95 per year |
| .club | 1-10 years @ $19.95 per year |
| .cn | 1-10 years @ $10.50 per year |
| .co | 1-5 years @ $29.95 per year |
| .co.il | 1 years @ $23.00 per year |
| .com | 1-10 years @ $14.95 per year |
| .com.au | 2 years @ $25.95 per year |
| .com.cn | 1-10 years @ $10.50 per year |
| .com.mx | 1-5 years @ $49.95 per year |
| .company | 1-10 years @ $9.45 per year |
| .computer | 1-10 years @ $28.50 per year |
| .com.tw | 1-10 years @ $27.95 per year |
| .co.nz | 1-10 years @ $20.45 per year |
| .co.uk | 1-10 years @ $11.95 per year |
| .co.za | 1 years @ $19.95 per year |
| .de | 1 years @ $11.95 per year |
| .deals | 1-10 years @ $27.95 per year |
| .digital | 1-10 years @ $28.50 per year |
| .dk | 1-3,5 years @ $29.95 per year |
| .education | 1-10 years @ $19.95 per year |
| 1-10 years @ $19.50 per year | |
| .es | 1-5 years @ $11.95 per year |
| .eu | 1-10 years @ $11.95 per year |
| .family | 1-10 years @ $27.95 per year |
| .fi | 1-5 years @ $19.95 per year |
| .fr | 1 years @ $11.00 per year |
| .fun | 1-10 years @ $19.95 per year |
| .games | 1-10 years @ $19.95 per year |
| .gr | 2 years @ $34.95 per year |
| .guru | 1-10 years @ $29.95 per year |
| .host | 1-10 years @ $89.95 per year |
| .hosting | 1-10 years @ $345.00 per year |
| .idv.tw | 1-10 years @ $27.95 per year |
| .ie | 1-10 years @ $19.95 per year |
| .in | 1-10 years @ $11.95 per year |
| .info | 1-10 years @ $14.95 per year |
| .it | 1 years @ $10.50 per year |
| .jp | 1 years @ $41.00 per year |
| .me | 1-10 years @ $17.50 per year |
| .me.uk | 1-10 years @ $11.95 per year |
| .mobi | 1-10 years @ $19.95 per year |
| .mx | 1-5 years @ $49.95 per year |
| .name | 1-10 years @ $11.95 per year |
| .net | 1-10 years @ $14.95 per year |
| .net.au | 2 years @ $27.95 per year |
| .net.cn | 1-10 years @ $10.50 per year |
| .net.nz | 1-10 years @ $20.45 per year |
| .network | 1-10 years @ $19.50 per year |
| .news | 1-10 years @ $27.95 per year |
| .ninja | 1-10 years @ $19.45 per year |
| .nl | 1 years @ $11.95 per year |
| .no | 1 years @ $19.95 per year |
| .nu | 1-10 years @ $18.00 per year |
| .online | 1-10 years @ $49.95 per year |
| .org | 1-10 years @ $14.95 per year |
| .org.au | 2 years @ $34.95 per year |
| .org.cn | 1-10 years @ $10.50 per year |
| .org.nz | 1-10 years @ $20.45 per year |
| .org.tw | 1-10 years @ $27.95 per year |
| .org.uk | 1-10 years @ $11.95 per year |
| .party | 1-10 years @ $29.95 per year |
| .ph | 1-2,5,10 years @ $70.00 per year |
| .pl | 1-3 years @ $27.95 per year |
| .press | 1-10 years @ $59.95 per year |
| .pro | 1-10 years @ $17.00 per year |
| .pt | 1,3,5 years @ $18.00 per year |
| .qa | 1-5 years @ $42.95 per year |
| .ru | 1 years @ $11.95 per year |
| .run | 1-10 years @ $19.95 per year |
| .se | 1-10 years @ $16.50 per year |
| .services | 1-10 years @ $26.95 per year |
| .site | 1-10 years @ $29.95 per year |
| .software | 1-10 years @ $28.50 per year |
| .solutions | 1-10 years @ $19.45 per year |
| .space | 1-10 years @ $21.95 per year |
| .store | 1-10 years @ $49.95 per year |
| .systems | 1-10 years @ $19.50 per year |
| .tech | 1-10 years @ $59.95 per year |
| .technology | 1-10 years @ $19.50 per year |
| .top | 1-10 years @ $19.95 per year |
| .tv | 1-10 years @ $29.95 per year |
| .tw | 1-10 years @ $27.95 per year |
| .uk | 1-10 years @ $11.95 per year |
| .us | 1-10 years @ $11.95 per year |
| .we.bs | 1-10 years @ $4.45 per year |
| .website | 1-10 years @ $23.95 per year |
| .ws | 1-10 years @ $27.00 per year |
| .xyz | 1-10 years @ $11.95 per year |
SERVICE EXPIRATION AND RENEWAL
The hosting service is active for one year (365 days). After the expiration of that period, the account will be automatically suspended and will remain suspended until the Customer renews it by paying its annual subscription fee. In case that the Customer does not renew his/her hosting account, it will remain BLOCKED. The account data will be kept for two months, after that it will be permanently deleted.
E-mail notifications regarding each account's expiration are dispatched twice - 14 days and 7 days prior to the expiration date of the account. In order to receive the notifications, the Customer must provide a valid e-mail address. The Service Provider ensures that the e-mails are sent and takes no responsibility for e-mails that are not delivered due to problems with the recipient's e-mail address.
Domain names are valid for the number of years of their registration (domain names can be registered for the period of 1 to 10 years, depending on their TLD - top-level domain name - extension). After an expiration of a domain name several stages follow regarding its renewal.
The domain name Redemption Grace Period (RGP) is a registry level period that starts about 30 days after the domain name's expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs additional redemption fee. The RGP fee depends on the given TLD and on the registrar through which it is registered as follows:
| Registrar | TLD | RGP fee |
|---|---|---|
| LiquidNet | .com, .net, .org, .info, .biz | $90.00 |
| LogicBoxes | .us, .in, .cc, .tv | $90.00 |
| EURid | .eu | $20.00 |
| eNom | .com, .net, .org, .info, .biz, .co, .asia, .ca, .name, .mobi, .tw, .com.tw, .org.tw, .idv.tw, .pro, .me |
$270.00 |
The RGP period extends the time available for renewing domain names. However, any web site or e-mail services associated with the domain name will stop working and the domains that enter a redemption period may be removed from the zone files (the list of domain names currently in the global DNS).
After the Redemption Grace Period (or the renewal period – if RGP is not applicable) has passed, domain name(s) enter the so called ERGP (Extended Redemption Grace Period). During the first 120 days of the period in which the domain name is appointed to its ERGP period you are allowed to redeem the domain name and take ownership once again if you pay the fee for redeeming the domain name with all registration fees. When the 120 period lapses and you have not redeemed the domain name, the domain name will be considered deserted and you would have no further rights over the domain name registration.
At that point domain name(s) can be: provided to third parties; the Service Provider may choose to auction the domain name(s); the Service Provider may return them in the public registration pool. All of these actions can be carried out at any time and without your consent.
After the redemption period of an expired domain name is finished, comes the Pending Delete Period- a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it's still not returned to the public pool of domain names.
Released by Registry Period - the domain name is sent back into the public pool of domain names and is newly available for registration.
Customers are advised to renew their domain registrations before their domain names are placed into redemption. When a domain name transits in redemption period, we are not able any more to prevent its zone files from being removed from the DNS system, and the customer's web site and any associated services will stop working.
During a domain name's redemption period, we can assist the customer in retrieving his/her domain name from deletion only if the domain name was registered with us. The customer will need to pay a REDEMPTION FEE (see the table above for more information) for the domain registration renewal (the redemption fee is imposed by our Registrar). If the domain name was registered with another registrar, the customer needs to contact that registrar for more information regarding its retrieving.
CUSTOMER RESPONSIBILITIES
ACCOUNT REGISTRATION AND MANAGEMENT
In consideration of their use of the Service, customers agree to:
Provide true, accurate, current and complete information about themselves as prompted by the registration form of the Service. Maintain and promptly update their registration data to keep it true, accurate, current and complete. If the customer provides any information that is untrue, inaccurate, not current or incomplete, or the Service Provider has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, the Service Provider has the right to suspend or terminate the customer's account and refuse any and all current or future use of the Service (or any portion thereof). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.
Wheb introducing any changes to their contact details, customers are obliged to notify the Service Provider in the course of 10 business days after the changes become valid. The introduction of changes should be done online through the customers' Web Hosting Control Panel, not via e-mail. This requirement is also in force for the Service Provider, i.e. customers will be always aware of any contact information changes that the company places within its website. This way, flawless communication between both sides is guaranteed.
Customers will receive a password and account designation upon completing of the registration process of the Service. Customers are responsible for keeping the confidentiality of their passwords and accounts, and are fully responsible for all activities that occur under that password or account. Customers agree to: a) immediately notify the Service Provider about any unauthorized use of their password or account or any other breach of security; b) ensure that they safely exit (log out from) their account at the end of each session. The Service Provider cannot and will not be liable for any loss or damage of account information arising from Customer's failure to comply with this provision.
If a hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, the Service Provider will take the side of the person who paid for the account and shall not provide access to any other person, since - a hosting account owner is and will be considered to be the credit card /PayPal account holder.
If the hosting account owner deceased prior to the expiration of his/her account the Service Provider will require death certificate or any other legal document that can provide an official evidence for that fact. Those who supply that information will be held legally responsible if the information is false or incorrect. Once such documents are obtained, the Service Provider will be the sole arbiter in assessing whether the documents are authentic or not. A record of the obtained documents will be kept until the expiration of the hosting account.
ACCOUNT USAGE
CPU usage (or usage of the Central Processing Unit(s) of the web server the customer's account is hosted on) - The CPU usage is subject to some regulations. Each hosting account can use up to 10% of the CPU power for no longer than 180 seconds at any given time, and/or the percentage given per 24 hours in the features configuration of the Customer's plan. The Service Provider's web hosting plans include the following CPU quotas (per 24 hours).
| Web Hosting Plan Name | CPU Limit |
|---|---|
| Alto | 5% |
| Cirrus | 10% |
| Stratus | 5% |
The Service Provider strongly recommends that customers be very judicious when using the CPU power for their accounts. We reserve the right to block files or scripts that excessively use CPU. We may suspend also the Customer account in the case of registered impact on other accounts on the server or disturbance caused to its functioning. If we do block or suspend an account, then its owner will be notified of the situation and given an explanation, and/or offered to upgrade to a dedicated or a semi-dedicated web hosting solution
Emails - Users are not allowed to send more than 1500 emails per day/150 emails per hour per hosting account (each email can be sent to a maximum of 50 recipients, as each unique recipient will be counted as one message sent). Users are not allowed to send more than 1500 emails a day using a mailing list (or 1 email to 1500 subscribers, respectively). Each email account is entitled to 10 GB of storage space, while all active email accounts under a hosting account must not exceed 40 GB in size. Only the Cirrus plan has an email storage quota of 60 GB. Each email account can host up to 200.000 stored messages.
You can manage as many mailboxes as you need under one account as long as you do not interfere with the other users on the server.
If there are more than 3000 mailboxes in a given hosting account, its owner can cause high server load by just modifying a password or changing an alias.
This is why, if a particular mailbox simultaneously accommodates multiple emails and its owner often often executes changes like the ones mentioned above, then we'll be forced to disable that account and ask the respective client to migrate to a more resource-rich type of a hosting environment where mailbox modification operations cannot lead to server performance issues.
Several specific limitations apply to the Domain Manager plan-included email service such as a maximum of 250 outbound emails per day/25 emails per hour. Your customers can see the specific disk storage quota allocation and the number of emails allowed in the Account Usage table in the Hepsia Control Panel.
File Quota - There is no file quota limit for any one of our web hosting packages. You are allowed to have an unlimited number of files in your hosting account.
Disk Space & Traffic - the Service Provider offers generous amounts of disk space and network bandwidth. Customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files that link to them. Audio, graphics and/or video files must be must be under 25% of the current web hosting disk usage and must never exceed 50 GB in size. Furthermore, such media files may amount to no more than 50% of the customer's total monthly traffic usage. Upon request, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes - the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable and the money-back guarantee is no longer valid..
MySQL usage - each database hosted in our system can be used only by the user who created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in the first-mentioned customer account. The MySQL database has a limit of 45,000 queries per hour. If you have reached 45,000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset. You can make a maximum of 15 simultaneous connections to a MySQL database.
Access and error logs - The access and error logs for all client's hosts in one account should not exceed 500 MB in total.
"UNLIMITED" USAGE POLICIES AND DEFINITIONS
The term “UNLIMITED” is used to describe the amount of resources in the web hosting plans provided by the Service Provider, which is not set to a predefined limit value (for example - unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.
In all cases, when a service is listed as “Unlimited“, it is intended for normal web hosting usage only - all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.
Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. The Service Provider will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer's hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, the Service Provider reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers' websites, website content, electronic mail, or termination of a customer's account according to the Service Provider's sole and absolute discretion.
SERVER USAGE & HOSTED CONTENT
Server content MUST comply with the parameters stated in this TOS and our AUP (Acceptable Use Policy). Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of the Service Provider's Services are used for the illegal purpose of SPAM or UCE, then they will be terminated instantaneously. The Service Provider expressly bans the use of any of the Service Provider's hardware or software hosted on a Service Provider's server for trying to illegally access another hosted machine or network. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact a Service Provider Service representative.
Using If your website has been hacked/ infected with malicious content, we reserve the right to access your hosting account and delete the corrupted files. In this case, there will be no need for your account to be suspended. This way, your website(s) will be brought back to their normal state and you will be able to continue using our service.
Using the Service Provider temporary URL is not defined as a bandwidth stealing. However customers should not rely on the Service Provider's temporary URL as a basic URL. Traffic processing there is not recommendable. The Service Provider cannot and will not be held responsible for changing it afterwards. Customers are advised to use it temporarily and redirect their traffic to their own domains.
NO UNLAWFUL OR PROHIBITED USE
As a condition for customer use of the Service Provider's Services, You - the Customer, agree that you will not use the Service Provider's Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and/or our Acceptable Use Policy (AUP). The Service Provider servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted.
You also agree, that you will not use the Services in a manner that:
E-COMMERCE CUSTOMER WEBSITES
When buying an allocated space on the Service Provider's servers for the purpose of creating online stores or related e-commerce activities websites, customers agree to be fully responsible for the development, operation and maintenance of their web sites, online stores and e-commerce activities within that websites. The Customer is the only one in charge of approving, processing and filling clients' orders and taking care of clients' requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store. Each customer is in charge of all products and services, as well as all contents and materials appearing online on his/her e-commerce website, including:
THIRD PARTY DEALINGS
Any dealings with third parties (including advertisers) carried out through the Service Provider's Services, including participation in promotions, payment for goods and services, and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the Customer and the advertiser or the other third party. The Service Provider shall not be responsible or liable for any part of such dealings or promotions.
CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS
the Service Provider's accounts are set up on a prepay basis. Service Provider's customers may decide to cancel their accounts at any time, however they will get a full refund of the service only if the cancellation request is made within 30 days of purchasing of the account, according to our Money Back Guarantee Policy
To cancel an account, the Customer needs to send an e-mail or support ticket to our Sales Department and provide any authentication credentials requested by the Service Provider. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses, etc.) offered to the Customer upon sign-up will be also cancelled.
Domain name registrations/transfers, service upgrades and web hosting plan renewals are treated as non-refundable services (see below) and cannot be cancelled or refunded after being activated upon customer request. The Customer will have the opportunity to transfer his/her domain away to another host.
Late cancellations, as well as accounts cancelled by the Service Provider. due to TOS violations (where the customer has decided not to fix the violation) do not qualify for the 30-day money back guarantee.
All credit requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer's credit/debit card and affect the Customer's credit/debit card balance in accordance with the credit/debit card issuer's terms of service.
All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer's PayPal account and affect the Customer's PayPal balance in accordance with the PayPal's terms of service.
The Service Provider offers a 30-day money back guarantee. If you are not satisfied with our hosting services, you can submit a refund request in a trouble ticket opened from your web hosting control panel, or via email sent to billing@duoservers.com, and receive full refund for your hosting plan within 30 days of the purchasing of the account. Please, NOTE that domain name registrations/transfers are non-refundable services (for more information see chapter 10 of this document).
SSL certificate issuance, as a third-party service, is not covered by the 30-day money-back guarantee that the Service Provider provides for its web hosting services. An SSL certificate buyer is eligible for a refund within 7 days of purchase.
All recurring payments, as well as all payments made via a wire transfer, are non-refundable and are not covered by the 30-day money-back guarantee.
NON-REFUNDABLE SERVICES
Non-Refundable Services: all service upgrades, wallet refills and plan renewal services purchased from the Web Hosting Control Panel; all 1-year or multi-year domain registration or transfer services purchased at sign-up or from the Web Hosting Control Panel.
All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain's TLD, multiplied by the number of years of registration or transfer. Any refund amount credited back to the Customer in accordance with our 30-day money back guarantee will not include the cost of the non-refundable services (if any) that have been purchased with the Customer's web hosting plan upon sign-up (i.e. the Customer will be issued a partial refund on the original transaction if he/she has purchased non-refundable services within the web hosting account). A table containing the annual NON-PROMOTIONAL prices of all domain names offered by the Service Provider is located in section 3 of this legal document.
CHARGEBACKS
Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed with the Service Provider will be subject to full investigation.
When signing up for a web hosting account with the Service Provider, customers agree to the conditions explicated in our Acceptable Use Policy (AUP) and the Web Hosting Terms of Service (this document). Thus, the Service Provider, as well as our authorized retailers (PayPal, WorldPay, 2CheckOut), will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of the Service Provider's team will be to try to contact the user. Meanwhile, the user account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.
If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with our authorized retailers and the account will be re-activated.
If the user has sent a chargeback request based on groundless argumentation (to our own judgment and these Web Hosting Terms of Service), then a dispute will be started with our authorized retailers in which the Web Hosting Terms of Service (this document) and the Acceptable Use Policy of the Service Provider will serve as proof of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or the Service Provider has the right to a reverse payment.
In case that the chargeback originates from a fraudulent user and no reverse payment procedure can be activated, the respective hosting account will remain suspended and a $30 USD fee will be charged to the Customer (in order to cover the fees imposed on Conspire Web Services by its authorized retailers for the claimed unauthorized transaction).
NEWS RELEASES
Certain sections of the Service Provider's news releases may contain forward-looking statements projecting future events, such as new software incorporations, updates, promotions, hosting introductions, etc. It is possible that these statements may deviate from the actual circumstances, since they are treated as intentions and express expectations and approximate plans of action regarding the relevant forthcoming events.
Forward Looking Statements can be recognized by the availability of indicative words such as "believes", “anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential", etc. However, their availability is not a prerequisite for a forward-looking statement to be treated as such.
TORTUROUS CONDUCT
Any way of indecent treatment towards a Service Provider's employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with the Service Provider's employees regarding any request for help or consultation, or any other reason for contacting the Service Provider's team via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior - oral, written, or delivered by a second party - to members of the Service Provider's customer care stuff will be interpreted as a breach of this TOS. The Service Provider reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions, including refuse refunds to users whose accounts have been suspended for violating this TOS provision.
FORCE MAJEURE CIRCUMSTANCES
The Service Provider CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.
SERVICE PROVISION; WARRENTIES AND REPRESENTATIONS
You understand and agree that the Service is provided on an ‘AS-IS' basis without warranties or representations for its offering. The company bears no responsibility for connection problems in cases when customer's hosting with the Service Provider confronts with service interruption issues. The Service Provider assumes no liability for any service failure, or failure to deliver or store any Customer communication or personalization settings.
COMPLAINTS PROCEDURE
The Service Provider is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are encouraged to make use of our complaints procedure detailed below.
In order to file a complaint, please send us an email to complaints@duoservers.com, specifying the nature of the problem you are experiencing. Please, provide us with as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be.
Here are our steps of addressing every single complaint:
1. the Service Provider will confirm receipt of your complaint in writing, notifying you that the complaint will be addressed without delay. The Service Provider reserves the right to refuse to investigate complaints which are apparently frivolous, abusive or offensive.
2. the Service Provider's Customer Care representative will review your situation, search for an appropriate solution and inform you of the timeframe within which a response should be expected.
3. If the the Service Provider's Customer Care representative is not able to resolve your case within the pre-announced period, your complaint will be escalated to a Customer Care manager.
4. If the Service Provider's Customer Care manager also can't provide you with an appropriate solution, then your complaint will be forwarded to the Company Director, who will further investigate the situation and ensure that all necessary measures have been taken. The Company Director will respond in writing within two working days, and reply with a solution within five working days.
5. An alternative complaint submission method is sending a fax to the following number: +1.510.868.6446
CUSTOMER SERVICE CONTACT DETAILS
REVISIONS
In order to improve its web hosting and customer care services, the Service Provider reserves the right to revise these terms and conditions at any time without prior notice. Customers are encouraged therefore to review this document periodically.
ASSIGNMENT
Customers do not have the right to assign this Agreement without the explicit permission of the Service Provider. This Agreement shall be in force and effect to the total benefit of the Customer and the Service Provider, and their successors and permitted assigns.
TERMINATION
You agree that the Service Provider, at its sole discretion, may terminate your password, account or use of the Service(or any part thereof), and remove and discard any Content within the Service if you violate this Agreement.
Service Level Guarantees
30 DAY MONEY BACK GUARANTEE
If, for any reason, you are dissatisfied with our hosting services, we will refund your hosting fees at any time during the first 30 days after you have signed up for an account with us. You can email us at billing@duoservers.com and receive full refund for your hosting plan within the 30-day money-back period.
Please, NOTE that domain name registrations are final and non-refundable. As changes are no longer allowed after a registration request is submitted, you should always check for correct spelling before purchasing a domain name.
SERVICE GUARANTEES
99.9% Network Uptime Guarantee
The Service Provider guarantees that your website(s) will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network and server uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where the Service Provider has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar problems with subscribers’ domain names, routing problems between a client’s location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by a natural or unnatural event that is not directly under the control (or jurisdiction) of the Service Provider. The Service Provider may temporarily deny or terminate the Service upon client’s failure to pay their charges at due time.
The Service Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
a. Server Hardware Breakdown.
b. User error(s) or purposeful interruption(s) (e.g. if the client shuts his/her own server down, the Service Provider is not responsible for the downtime).
c. Failures due to software that is not explicitly supported by the Service Provider. Consequently, if a hardware crash provoked by the customer happens, the Service Provider has no responsibility for the resulting downtime.
Network Outages or Unexpected Downtime is any unplanned or unexpected interruption in the network availability due to hardware, software, network connectivity or data center problem, during which a 100% packet loss is experienced.
Scheduled Downtime is any scheduled interruption of the services for the purpose of network software/hardware upgrades, or replacement of any network equipment in order to be provided better service for the customers. Scheduled downtimes occur within pre-notified downtime periods, with as many warnings as possible sent via e-mail or posted in our news section minimum 24-hour in advance.
SUPPORT RESPONSE GUARANTEE
The Service Provider guarantees 24/7 support available 365 days per year. Support is available via our online Contact Us form, via our phone lines and live chat, and the web hosting control panel integrated ticketing system. Each ticket is replied to within no more than 60 minutes after it has been opened.
Dedicated 24/7 Support For All Customers
Acceptable Use Policy
An Acceptable Use Policy (AUP) is a set of rules and conditions compiled by a network, system or a website owner. These rules explicitly define and restrict the ways in which the respective network, system or website may be used.
The AUP of the Service Provider aims to clearly outline the purposes for which our customers CANNOT utilize our hosting services and position data on our network servers.
This Acceptable Use Policy (AUP) is an integral part of the Web Hosting Terms of Service which each customer agrees to abide by when signing up for an account with our web hosting company. Any violation of this AUP will be deemed a violation of our Web Hosting Terms of Service.
We, at our own discretion, shall determine whether an act constitutes a breach of this AUP terms and misuse of our services. We reserve our right to be the sole arbiter in determining the sufficiency of the presented evidences. We will respond accordingly, and/or immediately terminate the provision of the services, shall we receive report, and/or have sufficient proof, of any prohibited conduct outlined in this AUP, or any other activity threatening the security of our hosting environment and/or our network of hosting servers.
In order to protect our company’s reputation and responsibilities, and guarantee state-of-the-art and reliable hosting services to all our customers, as well as privacy and security for all users, we – the Service Provider - hereby outline the following AUP rules and conditions to come into force for each customer signing up for a web hosting account with our company:
1. System Abuse
3. Inappropriate or Unlawful Content
4. Copyrights
7. Revisions
1. SYSTEM ABUSE
Any customer in violation of our system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:
Unauthorized access, use, probe, or scan of our system’s security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the 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.
Any attempt at doing harm to a server or a customer of our web hosting services:
the Service Provider will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a Service Provider's customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: 'Internet scamming’ (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy - proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy), introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to the Service Provider's services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.
Background operations/programs on servers:
‘Background process’ is a program that runs in the background of the operating system. What is specific for a background process is that, once started, it runs simultaneously with other foreground processes. This means that, the shell executing the background operation does not wait for it to finish or terminate, as it does with foreground processes, but is free to start executing more operations along with the background one. Typical background processes are ircd, irc bot, bnc, and many others.
Background processes are not permitted on any of our shared hosting servers, as they usually lead to CPU overload and can be used for malicious and/or illegal actions. As our primary task is to provide highest quality web hosting service to all our customers, we cannot permit any background processes to be executed and threaten the performance of our server network. Our shared hosting system does not allow a big multitude of users to simultaneously use the system memory and processing time of our servers.
Excessive use of system resources:
In order to ensure higher server performance and quality of hosting service all shared hosting plans are subject to certain resource limitations concerning, but not limited to, server CPU usage, Memory usage, disk-space and traffic. If a hosting account exceeds the allowed amount of system resources the account owner will be immediately notified to take actions in order to reduce the usage. If such action is not instantly taken by the owner the account will be suspended. If an excessive CPU usage is detected the account owner will be suggested to place an order for a CPU usage upgrade or upgrade to a plan which allows higher CPU usage.
If any hosting account is found to be causing degradation of the server and/or our hosting network’s performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. The Service Provider will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing a server degradation.
2. SPAM AND SPAMVERTIZING
SPAMMING IS PROHIBITED. Users MAY NOT utilize our web hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as "spam" or "spamming").
Spamming is a violation of ethic norms and will be interpreted as an infringement. the Service Provider will not tolerate the sending of unsolicited bulk or commercial messages through our services, as well as through another service that is mentioning, in some way, our customer’s domain name or implies the utilization of our network or our e-mail services for sending the unsolicited bulk or messages.
SPAMVERTISING IS PROHIBITED. 'Spamvertizing’ refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.
If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.
’E-mail spoofing’ is a fraudulent e-mail activity in which the sender’s (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).
'Unsolicited message’ is a message that is sent against the privacy policy of a newsgroup, or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending is spam or spamvertizing. For your information, spamming generally includes, but is not limited to the following
Sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients;
Sending of junk mail;
Use of distribution lists that include people who have not given prior explicit permission to be involved in such a distribution process;
Posting commercial ads to USENET newsgroups that do not permit it;
Posting articles containing binary encoded data to non-binary newsgroups;
Excessive and repeated posting of off-topic messages to newsgroups;
Excessive and repeated cross-posting;
E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting of any threatening, libellous or obscene material, or material of any nature that may be deemed offensive;
E-mailing of age-inappropriate communications or content to anyone under the age of 18.
3. INAPPROPRIATE OR UNLAWFUL CONTENT
CONTENT published or transmitted via the Service Provider’s hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online or transmitted through our network’s services.
The user of our services is NOT permitted to post online content or have links to content that:
is defamatory, abusive or obscene, violates a person’s reputation/privacy, is reasonably deemed offensive by the web community, is anti-religious or anti-human rights, or contains any type of threatening or hate speech, encourages harassment or physical harm to any group or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or retaliation against the Service Provider by offended viewers;
promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.
represents pornography – any type of pornographic/adult material, including child pornography, or advertisements of pornographic websites;
represents infringement on copyright, patents, trademarks, trade secrets, or third party's intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files – MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance with its license agreement or is NOT freely available for distribution.
4. COPYRIGHTS
Copyrighted material must not be placed on customers' accounts without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.
5. CORRECTIVE ACTIONS
We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.
We will disable the customer's account if we deem necessary, at our sole discretion. Upon closing of the customer’s account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms’ chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer’s account, if we find, at our own discretion, sufficient evidence pro customer’s side.
Closed accounts due to repeated violations will not be re-activated. A backup may be requested, however it will be subject to certain penalty fees imposed according to the breach of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations.
6. REPORTING VIOLATIONS
If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our web hosting system, please contact us immediately. Our professional team will investigate the situation and provide you with full assistance.
7. REVISIONS
We reserve our right to change this AUP at any time, without prior notice. We encourage our users to periodically review this Acceptable Use Policy and our Web Hosting Terms of Service.
These Terms of Service (the 'Agreement') are an agreement between you - the user of our hosting and related services (collectively, the 'Services'), and Conspire Web Services, in association with LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. All billing and hosting services are rendered by LiquidNet US LLC and LiquidNet Ltd. (billing operations will be handled here). Legal details about the two companies can be found in the 'Customer Service Contact Details' section of this document.
For the sake of brevity, Conspire Web Services, LiquidNet US LLC and LiquidNet Ltd. will be referred to as 'We', 'Us', 'Our' and 'Service Provider' in this document.
When signing up for a Semi-Dedicated hosting account with the Service Provider, the Customer agrees to abide by the rules and provisions explicated in these Semi-Dedicated Terms of Service, as well as all the coherent policies (Order Verification Policy, Acceptable Use Policy, etc.) mentioned herein.
The Customer of our Services should also be aware that when signing up for a Semi-Dedicated hosting account with the Service Provider, he/or she agrees to position data on our servers and make it accessible to the wide internet public. In this respect, the Customer understands and agrees that it is beyond the power of the Service Provider to restrict any public access to this data and guarantee the security of the Customer's files. The Customer, therefore, is completely in charge of protecting his/her web content on our servers and should consider carefully each piece of information before uploading it to his/her newly allocated Semi-Dedicated server space. We highly recommend that Customers avoid publishing online personal data that could be abused.
The Service Provider, shall provide its Services to You - the Customer - under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to keep the integrity of both the Service Provider and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our Services.
The Service Agreement, together with the Order Form, the Acceptable Use Policy (AUP), and any other policies or agreements mentioned in this document, constitute the whole act of convention between the Service Provider and the Customer.
Basic Features:
Optional Features:
More comprehensive information about all features included in our Semi-Dedicated hosting services is available on our semi-dedicated hosting pages.
The term “UNLIMITED” is used to describe the amount of resources in the hosting plans provided by the Service Provider, which is not set to a predefined limit value (for example - unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.
In all cases, when a service is listed as “Unlimited“, it is intended for normal web hosting usage only - all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.
Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. The Service Provider will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer's hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, the Service Provider reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers' websites, website content, electronic mail, or termination of a customer's account according to the Service Provider's sole and absolute discretion.
Each customer will be able to take advantage of our Installation & Troubleshooting service upgrade. It allows users to get one-time expert assistance from our technical support team or system administrators for a period of 1 hour. The Installation & Troubleshooting is intended for:
The Installation & Troubleshooting will not apply in the following cases:
Upon submitting of the online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:
The Service Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
For more information, please refer to our Service Level Guarantees.
Data backup is performed on a daily basis. The backup includes all the contents of a client's /www/ folder, as well as all databases.
Important: The available space for a Customer's backup is 50 GB of disk storage. User accounts with content over 50 GB cannot be (partially or entirely) backed up.
All our semi-dedicated servers include a 30-day free trial option, which can be enabled as soon as a given Customer has created an account. Only new Customers can take advantage of this possibility. The free trial period itself will expire 30 days after activation.
During the free trial period, the account will operate with several limitations, which may differ based on the chosen package. More information on the subject will be sent to the Customer on the free trial period's start date. After the trial period ends, the Customer will no longer have access to the Service unless they complete their purchase.
All customer's data will be kept for up to 30 days after the end of the free trial period. In case that the customer does not complete the order procedure within that period, the data will be deleted from our servers.
At any given time during the free trial period, the Customer may convert their free account into a standard paid account by clicking the "Complete Order" button in the Web Hosting Control Panel.
For newly signed up clients - The Services are activated immediately after our Sales Department gets in touch with the Customer over the phone to verify the payment details (this is required due to the high fraud activity spreading online, and in order to be prevented fraudulent orders). The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be canceled.
For existing customers - The Services for existing Customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.
Semi-Dedicated Accounts - The newly-created Semi-Dedicated hosting accounts with the Service Provider are valid for 1 month. They can be renewed on a monthly basis, i.e. for another month that will be added to the official expiration date of the Semi-Dedicated server account.
Domain Name Registrations/Transfers - the Service Provider offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. A domain name can be purchased either at sign up together with the Semi-Dedicated account (at a regular or PROMOTIONAL price) or separately (later on) as an upgrade from the Customer's Web Hosting Control Panel. The table below displays the minimum and maximum registration periods, as well as the annual NON-PROMOTIONAL prices of all TLDs:
| tld | min/max period of registration @ min period price |
|---|---|
| .ae | 1-5 years @ $37.95 per year |
| .asia | 1-10 years @ $19.95 per year |
| .at | 1 years @ $15.50 per year |
| .be | 1 years @ $11.95 per year |
| .biz | 1-10 years @ $14.95 per year |
| .business | 1-10 years @ $12.95 per year |
| .ca | 1-10 years @ $19.95 per year |
| .cc | 1-10 years @ $29.95 per year |
| .ch | 1 years @ $13.50 per year |
| .church | 1-10 years @ $29.95 per year |
| .club | 1-10 years @ $19.95 per year |
| .cn | 1-10 years @ $10.50 per year |
| .co | 1-5 years @ $29.95 per year |
| .co.il | 1 years @ $23.00 per year |
| .com | 1-10 years @ $14.95 per year |
| .com.au | 2 years @ $25.95 per year |
| .com.cn | 1-10 years @ $10.50 per year |
| .com.mx | 1-5 years @ $49.95 per year |
| .company | 1-10 years @ $9.45 per year |
| .computer | 1-10 years @ $28.50 per year |
| .com.tw | 1-10 years @ $27.95 per year |
| .co.nz | 1-10 years @ $20.45 per year |
| .co.uk | 1-10 years @ $11.95 per year |
| .co.za | 1 years @ $19.95 per year |
| .de | 1 years @ $11.95 per year |
| .deals | 1-10 years @ $27.95 per year |
| .digital | 1-10 years @ $28.50 per year |
| .dk | 1-3,5 years @ $29.95 per year |
| .education | 1-10 years @ $19.95 per year |
| 1-10 years @ $19.50 per year | |
| .es | 1-5 years @ $11.95 per year |
| .eu | 1-10 years @ $11.95 per year |
| .family | 1-10 years @ $27.95 per year |
| .fi | 1-5 years @ $19.95 per year |
| .fr | 1 years @ $11.00 per year |
| .fun | 1-10 years @ $19.95 per year |
| .games | 1-10 years @ $19.95 per year |
| .gr | 2 years @ $34.95 per year |
| .guru | 1-10 years @ $29.95 per year |
| .host | 1-10 years @ $89.95 per year |
| .hosting | 1-10 years @ $345.00 per year |
| .idv.tw | 1-10 years @ $27.95 per year |
| .ie | 1-10 years @ $19.95 per year |
| .in | 1-10 years @ $11.95 per year |
| .info | 1-10 years @ $14.95 per year |
| .it | 1 years @ $10.50 per year |
| .jp | 1 years @ $41.00 per year |
| .me | 1-10 years @ $17.50 per year |
| .me.uk | 1-10 years @ $11.95 per year |
| .mobi | 1-10 years @ $19.95 per year |
| .mx | 1-5 years @ $49.95 per year |
| .name | 1-10 years @ $11.95 per year |
| .net | 1-10 years @ $14.95 per year |
| .net.au | 2 years @ $27.95 per year |
| .net.cn | 1-10 years @ $10.50 per year |
| .net.nz | 1-10 years @ $20.45 per year |
| .network | 1-10 years @ $19.50 per year |
| .news | 1-10 years @ $27.95 per year |
| .ninja | 1-10 years @ $19.45 per year |
| .nl | 1 years @ $11.95 per year |
| .no | 1 years @ $19.95 per year |
| .nu | 1-10 years @ $18.00 per year |
| .online | 1-10 years @ $49.95 per year |
| .org | 1-10 years @ $14.95 per year |
| .org.au | 2 years @ $34.95 per year |
| .org.cn | 1-10 years @ $10.50 per year |
| .org.nz | 1-10 years @ $20.45 per year |
| .org.tw | 1-10 years @ $27.95 per year |
| .org.uk | 1-10 years @ $11.95 per year |
| .party | 1-10 years @ $29.95 per year |
| .ph | 1-2,5,10 years @ $70.00 per year |
| .pl | 1-3 years @ $27.95 per year |
| .press | 1-10 years @ $59.95 per year |
| .pro | 1-10 years @ $17.00 per year |
| .pt | 1,3,5 years @ $18.00 per year |
| .qa | 1-5 years @ $42.95 per year |
| .ru | 1 years @ $11.95 per year |
| .run | 1-10 years @ $19.95 per year |
| .se | 1-10 years @ $16.50 per year |
| .services | 1-10 years @ $26.95 per year |
| .site | 1-10 years @ $29.95 per year |
| .software | 1-10 years @ $28.50 per year |
| .solutions | 1-10 years @ $19.45 per year |
| .space | 1-10 years @ $21.95 per year |
| .store | 1-10 years @ $49.95 per year |
| .systems | 1-10 years @ $19.50 per year |
| .tech | 1-10 years @ $59.95 per year |
| .technology | 1-10 years @ $19.50 per year |
| .top | 1-10 years @ $19.95 per year |
| .tv | 1-10 years @ $29.95 per year |
| .tw | 1-10 years @ $27.95 per year |
| .uk | 1-10 years @ $11.95 per year |
| .us | 1-10 years @ $11.95 per year |
| .we.bs | 1-10 years @ $4.45 per year |
| .website | 1-10 years @ $23.95 per year |
| .ws | 1-10 years @ $27.00 per year |
| .xyz | 1-10 years @ $11.95 per year |
Domain Renewals - Domain names are valid for the period of their registration (domain names can be registered for up to 10 years, depending on the domain name's TLD extension). After the expiration of a domain name several stages follow regarding its renewal.
We strongly recommend that Customers renew their domain registrations before their domain names are placed into redemption period. After a domain name transits in redemption period, we are not able to prevent its zone files from being removed from the DNS system, and any web site and associated services will cease working.
We can assist Customers in retrieving their domain names only if the domain names were registered with us. Customers will be charged a REDEMPTION FEE of $270.00 USD for each domain registration renewal. If the domain name was registered with another registrar, the Customer needs to contact that registrar for more information regarding its retrieving.
In order to cancel a Semi-Dedicated account, the Customer must send a support ticket to the Service Provider's Sales Department via his/her Web Hosting Control Panel and provide any authentication credentials requested by the Service Provider. Other forms of cancellation requests will not be accepted.
Semi-Dedicated server accounts - The Semi-Dedicated accounts are set up on a monthly prepay basis. Customers may cancel their accounts at any time, however they will not be entitled to a refund for the unused period of the prepaid month, since these services do NOT include Money Back Guarantee. Any incentives offered to the Customers upon sign-up will be also canceled.
Domain Name Registrations/Transfers - Domain name registrations/transfers are also treated as non-refundable services and cannot be cancelled or refunded after activated upon Customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.
Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed with the Service Provider will be subject to full investigation.
When signing up for a Semi-Dedicated server account with the Service Provider the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, the Service Provider and its authorized retailers (PayPal, WorldPay, 2CheckOut), will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of the Service Provider's Customer Care team will be to try to contact the user. Meanwhile, the Customer's Semi-Dedicated account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.
If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with the authorized retailers and eventually the account will be re-activated.
If the Customer has sent a chargeback request based on groundless argumentations (according to the Service Provider's own judgment and these Semi-Dedicated Terms of Service), then a dispute will be started with the authorized retailers in which these Terms of Service and the AUP of the Service Provider will serve as evidence of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or the Service Provider has the right to a reverse payment.
In consideration of their use of the Service, Customers agree to:
E-mails - Customers are NOT allowed to send more than 10,000 emails per day per Semi-Dedicated server hosting account. Each email message can have up to 300 recipients. Each email account is entitled to 10 GB of storage space and up to 200,000 stored messages. All active email accounts under a semi-dedicated server must not exceed 100 GB in size.
You can create as many mailboxes as you need under one hosting account as long as you do not interfere with the other users on the server.
If a given user creates more than 3000 mailboxes under one hosting account, they could cause high server load by just modifying a password or change an alias.
This is why, if a particular hosting account simultaneously accommodates multiple mailboxes and its owner often executes changes like the ones mentioned above, then we'll be forced to disable the respective account and ask the client in question to migrate to a more powerful hosting environment where mailbox modification operations cannot lead to server performance issues.
The Service Provider expressly bans the use of any Semi-Dedicated server hardware or software for trying to illegally access another hosted machine or network. Customers may not attempt to gain unauthorized access to any of the Service Provider's Services, other accounts, computer systems or networks connected to any of the Service Provider's Services, through hacking, password mining or other means of close nature. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by the Service Provider's Services. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our Acceptable Use Policy (AUP). If you still have inquiries over the matter, feel free to contact any of our Customer Care representatives.
Server content MUST comply with the parameters stated in this TOS and our Acceptable Use Policy. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of the Service Provider's Services are used for the illegal purpose of SPAM or UCE, they will be instantly terminated. Customers are solely responsible for the content of their messages. Using the Service Provider's Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited. In this light, the Service Provider expressly forbids any breach of Federal, State or Local regulation, including, but not limited to, the transmission of: copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The Service Provider 's Semi-Dedicated servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult or pornographic material, or any other material which is considered impermissible by the Service Provider's Semi-Dedicated Terms of Service (this document) and the Acceptable Use Policy (AUP).
As a condition for Customer use of the Service Provider's Services, you - the Customer, agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and our Acceptable Use Policy (AUP). The Service Provider's Semi-Dedicated servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted. The Service Provider reserves the right at any time to disclose any information, as the Service Provider deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove from the Services any information or materials, in whole or in part, in the sole discretion of the Service Provider.
When buying a Semi-Dedicated server for the purpose of creating an e-commerce online store or related e-commerce activities website, the Customer agrees to be fully responsible for the development, operation and maintenance of his/her web site/online store and e-commerce activities within that website. The Customer is the only one in charge of approving, processing and filling client orders and taking care of client requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any clients' data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
Each Customer is in charge of all products and services, as well as all contents and materials appearing online, including:
Each Customer guarantees to the Service Provider that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to the Service Provider that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
Each Customer empowers the Service Provider to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. The Service Provider is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.
The Service Provider will thoroughly scrutinize all received orders and decide, to its own discretion, which of them do not comply with the officially stated requirements for use of the Service Provider's Semi-Dedicated servers. The Service Provider reserves the right to refuse Service to unlawful parties.
The Service Provider reserves the right to discontinue the provision of the Service (or any part thereof) to any subscriber that has violated these Terms, as well as remove and discard any Content within the Service, that the Service Provider deems, at its sole discretion, has violated any condition of the Service explicated in these Terms and Conditions and/or the Acceptable Use Policy.
Certain sections of the Service Provider's news releases may contain forward-looking statements projecting future events, such as new software incorporations, updates, promotions, hosting introductions, etc. It is possible that these statements may deviate from the actual circumstances, since they are treated as intentions and express expectations and approximate plans of action regarding the relevant forthcoming events.
Forward Looking Statements can be recognized by the availability of indicative words such as "believes", "anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential", etc. However, their availability is not a prerequisite for a forward-looking statement to be treated as such.
Notices, including notices concerning breach of this Agreement will be sent either to the e-mail address provided by the Customer at sign up, OR mailed by first class mail to the postal address that the Customer has on file with the Service Provider. In both cases, delivery shall be deemed to have been made five (5) days after the notice has been sent. Notices from the Customer to the Service Provider should be sent to the address provided on the Service Provider's website.
The Service Provider guarantees highest level Customer Care service round the clock. If you feel dissatisfied with any aspect of the Service, feel free to make use of our complaints procedure detailed below.
In order to file a complaint, please send us an email to complaints@duoservers.com, specifying the nature of the problem you are experiencing. Please, provide as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be.
Here are our steps of addressing every single complaint:
Any way of indecent treatment towards a Service Provider's Customer Care employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with the Service Provider's employees regarding any request for help or consultation via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior - oral, written, or delivered by a second party - to members of the Service Provider's Customer Care stuff will be interpreted as a breach of this TOS. The Service Provider reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions.
Customers can get in touch with our Customer Care representatives via any of the options listed below.
Technical Support
Via the ticketing systems - open a trouble ticket from the Web Hosting Control Panel (section Help Center - > Open New Ticket). 1-hour support response is guaranteed! (anchor to 1-hour Support Response Guarantee from Service Level Guarantees popup)
Pre-sale and general questions
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, US.
Any controversy or claim arising out of or relating to this Agreement, or any breach of this Agreement, in excess of $250.00 USD, will be settled in accordance with the commercial arbitration rules of the American Arbitration Association.
Failure to enforce any of the provisions of this Agreement shall in no way be considered to be a waiver of these provisions, or to affect in any way the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
The Customer agrees to indemnify the Service Provider, its management body and employees (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, court actions, proceedings or judgments (collectively, "Losses") to which the Indemnified Party may become subject, and out of which Losses arise or relate to this Agreement or the Customer's use of the Services. The Customer agrees to reimburse the Indemnified Party for all legal and other expenses, including any attorney fees paid by the Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which the Indemnified Party is a party.
Force Majeure Circumstances - the Service Provider shall not be liable for any failure in the provision of the Services to the Customer resulting, directly or indirectly, from any (i) weather conditions and natural disasters, (ii) actions of any governmental or military authority, (iii) failure caused by telecommunications or Internet provider, or (iv)other force or occurrence beyond its control.
Damages & Losses - the Service Provider shall not be liable for (i) any indirect, incidental, special or consequential damages, OR for any loss of profits or loss of revenues resulting from the use of the Service Provider's Services by the Customer or any third parties, or (ii) any loss of data resulting from delays, non-deliveries or service interruptions.
Service Provision - the Service Provider provides the Services on an "AS IS" basis, without any warranties, including but not limited to, implied warranties, merchantability, or fitness of the Services for any particular purpose. The Customer shall be solely responsible for the selection, use and suitability of the Services, and the Service Provider shall have no liability therefore.
Customers do not have the right to assign this Agreement without the explicit permission of the Service Provider. This Agreement shall be in force and effect to the total benefit of the Customer and the Service Provider and their successors and permitted assigns.
The Service Provider reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these Semi-Dedicated Terms of Service and the Acceptable Use Policy.
These Terms of Service (the 'Agreement') are an agreement between you - the user of our hosting and related services (collectively, the 'Services'), and Conspire Web Services, in association with LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. All billing and hosting services are rendered by LiquidNet US LLC and LiquidNet Ltd. (billing operations will be handled here). Legal details about the two companies can be found in the 'Customer Care Service' section of this document.
For the sake of brevity, Conspire Web Services, LiquidNet US LLC and LiquidNet Ltd. will be referred to as 'We', 'Us', 'Our' and 'Service Provider' in this document.
When signing up for a VPS hosting account with the Service Provider, the Customer agrees to abide by the rules and provisions explicated in these VPS Terms of Service, as well as all their coherent policies (Order Verification Policy, Acceptable Use Policy, etc.) mentioned herein.
The Customer of our Services should also be aware that when signing up for a VPS hosting account with the Service Provider, he/or she agrees to position data on our servers and make it accessible to the wide internet public. In this respect, the Customer understands and agrees that it is beyond the power of the Service Provider to restrict any public access to this data and guarantee the security of the Customer's files. The Customer, therefore, is completely in charge of protecting his/her web content on our servers and should consider carefully each piece of information before uploading it to his/her newly allocated VPS server space. We highly recommend that Customers avoid publishing online personal data that could be abused.
The Service Provider shall provide its Services to You - the Customer - under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to keep the integrity of both the Service Provider and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our Services.
The Service Agreement, together with the Order Verification Policy, the Acceptable Use Policy (AUP), and any other policies or agreements mentioned in this document, constitute the whole act of convention between the Service Provider and the Customer.
Upon submitting of the online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:
The payment for the VPS service is set up on a monthly basis. The Customer agrees to pay for the rendered VPS hosting services in advance of each monthly service cycle.
If the Customer fails to follow the monthly billing cycle, the rendered VPS hosting services will be suspended immediately. The data hosted on the VPS server will be kept intact for one month, after that it will be permanently erased.
During a promotion campaign, a customer can purchase a maximum of 4 VPS packages, regardless of their type.
The Customer agrees to observe the following VPS server usage limitations:
Opened files: barrier 188; max. 206
Rules in IP tables: max. 128
Running processes: max. 2048
TCP sockets: max. 360
Ptty: max. 16
The Service Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
Server Hardware Breakdown;
User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, the Service Provider is not responsible for the downtime);
Failure due to software that is not explicitly supported by the Service Provider. If a hardware crash provoked by the Customer consequently happens, the Service Provider is beyond the control and responsibility for the resulting downtime.
For more information, please refer to our Service Level Guarantees.
Due to the specificity of the VPS service, providing Customers with fully independent and self-managed hosting environment, the DATA BACKUP of all Customer's website contents and databases is solely Customer's responsibility, as well.
A weekly VPS backup option is available in the Managed Services package offered as an add-on administration service with each VPS plan. A weekly VPS backup is also available as a separate addon service.
For newly signed up clients - the services are activated immediately after our Sales Department gets in touch with the Customer over the phone to verify the payment details (this is required due to the high fraud activity spreading online, and in order to be prevented fraudulent account usage). The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be canceled.
For existing customers – the services for existing Customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.
VPS Accounts – The newly-created VPS hosting accounts with the Service Provider are valid for 1 month. They can be renewed on a monthly basis, i.e. for another month that will be added to the official expiration date of the VPS server account.
Domain Name Registrations/Transfers – the Service Provider offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. A domain name can be purchased either at sign up together with the VPS account (at a regular or PROMOTIONAL price) or separately (later on) as an upgrade from the Customer's Billing Manager. The Customer agrees to abide by the Service Provider's Domain Name Registration Agreement and Domain Name Dispute Resolution Policy. The table below displays the minimum and maximum registration periods, as well as the annual NON-PROMOTIONAL prices of all TLDs:
| tld | min/max period of registration @ min period price |
|---|---|
| .ae | 1-5 years @ $37.95 per year |
| .asia | 1-10 years @ $19.95 per year |
| .at | 1 years @ $15.50 per year |
| .be | 1 years @ $11.95 per year |
| .biz | 1-10 years @ $14.95 per year |
| .business | 1-10 years @ $12.95 per year |
| .ca | 1-10 years @ $19.95 per year |
| .cc | 1-10 years @ $29.95 per year |
| .ch | 1 years @ $13.50 per year |
| .church | 1-10 years @ $29.95 per year |
| .club | 1-10 years @ $19.95 per year |
| .cn | 1-10 years @ $10.50 per year |
| .co | 1-5 years @ $29.95 per year |
| .co.il | 1 years @ $23.00 per year |
| .com | 1-10 years @ $14.95 per year |
| .com.au | 2 years @ $25.95 per year |
| .com.cn | 1-10 years @ $10.50 per year |
| .com.mx | 1-5 years @ $49.95 per year |
| .company | 1-10 years @ $9.45 per year |
| .computer | 1-10 years @ $28.50 per year |
| .com.tw | 1-10 years @ $27.95 per year |
| .co.nz | 1-10 years @ $20.45 per year |
| .co.uk | 1-10 years @ $11.95 per year |
| .co.za | 1 years @ $19.95 per year |
| .de | 1 years @ $11.95 per year |
| .deals | 1-10 years @ $27.95 per year |
| .digital | 1-10 years @ $28.50 per year |
| .dk | 1-3,5 years @ $29.95 per year |
| .education | 1-10 years @ $19.95 per year |
| 1-10 years @ $19.50 per year | |
| .es | 1-5 years @ $11.95 per year |
| .eu | 1-10 years @ $11.95 per year |
| .family | 1-10 years @ $27.95 per year |
| .fi | 1-5 years @ $19.95 per year |
| .fr | 1 years @ $11.00 per year |
| .fun | 1-10 years @ $19.95 per year |
| .games | 1-10 years @ $19.95 per year |
| .gr | 2 years @ $34.95 per year |
| .guru | 1-10 years @ $29.95 per year |
| .host | 1-10 years @ $89.95 per year |
| .hosting | 1-10 years @ $345.00 per year |
| .idv.tw | 1-10 years @ $27.95 per year |
| .ie | 1-10 years @ $19.95 per year |
| .in | 1-10 years @ $11.95 per year |
| .info | 1-10 years @ $14.95 per year |
| .it | 1 years @ $10.50 per year |
| .jp | 1 years @ $41.00 per year |
| .me | 1-10 years @ $17.50 per year |
| .me.uk | 1-10 years @ $11.95 per year |
| .mobi | 1-10 years @ $19.95 per year |
| .mx | 1-5 years @ $49.95 per year |
| .name | 1-10 years @ $11.95 per year |
| .net | 1-10 years @ $14.95 per year |
| .net.au | 2 years @ $27.95 per year |
| .net.cn | 1-10 years @ $10.50 per year |
| .net.nz | 1-10 years @ $20.45 per year |
| .network | 1-10 years @ $19.50 per year |
| .news | 1-10 years @ $27.95 per year |
| .ninja | 1-10 years @ $19.45 per year |
| .nl | 1 years @ $11.95 per year |
| .no | 1 years @ $19.95 per year |
| .nu | 1-10 years @ $18.00 per year |
| .online | 1-10 years @ $49.95 per year |
| .org | 1-10 years @ $14.95 per year |
| .org.au | 2 years @ $34.95 per year |
| .org.cn | 1-10 years @ $10.50 per year |
| .org.nz | 1-10 years @ $20.45 per year |
| .org.tw | 1-10 years @ $27.95 per year |
| .org.uk | 1-10 years @ $11.95 per year |
| .party | 1-10 years @ $29.95 per year |
| .ph | 1-2,5,10 years @ $70.00 per year |
| .pl | 1-3 years @ $27.95 per year |
| .press | 1-10 years @ $59.95 per year |
| .pro | 1-10 years @ $17.00 per year |
| .pt | 1,3,5 years @ $18.00 per year |
| .qa | 1-5 years @ $42.95 per year |
| .ru | 1 years @ $11.95 per year |
| .run | 1-10 years @ $19.95 per year |
| .se | 1-10 years @ $16.50 per year |
| .services | 1-10 years @ $26.95 per year |
| .site | 1-10 years @ $29.95 per year |
| .software | 1-10 years @ $28.50 per year |
| .solutions | 1-10 years @ $19.45 per year |
| .space | 1-10 years @ $21.95 per year |
| .store | 1-10 years @ $49.95 per year |
| .systems | 1-10 years @ $19.50 per year |
| .tech | 1-10 years @ $59.95 per year |
| .technology | 1-10 years @ $19.50 per year |
| .top | 1-10 years @ $19.95 per year |
| .tv | 1-10 years @ $29.95 per year |
| .tw | 1-10 years @ $27.95 per year |
| .uk | 1-10 years @ $11.95 per year |
| .us | 1-10 years @ $11.95 per year |
| .we.bs | 1-10 years @ $4.45 per year |
| .website | 1-10 years @ $23.95 per year |
| .ws | 1-10 years @ $27.00 per year |
| .xyz | 1-10 years @ $11.95 per year |
Domain Renewals – Domain names are valid for the period of their registration (domain names can be registered for up to 10 years, depending on the domain name's TLD extension). After the expiration of a domain name several stages follow regarding its renewal.
The domain name Redemption Grace Period (RGP) is a registry level period of up to 30 days after a domain name's expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs additional redemption fee. This extra 30-day period extends the time available for renewing domain names. However, all domains that enter a redemption period are removed from the zone files (the list of domain names currently in the global DNS), therefore any web site or e-mail services associated with the domain name will stop working.
Extended Redemption Grace Period – the extended redemption period adds another 7 – 30 days to the domain name's redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion by contacting the domain's registrar.
After the redemption period of an expired domain name is over, follows the Pending Delete Period – a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it's still not returned to the public pool of domain names.
Released by Registry Period – after the domain name's ‘Pending Delete Period' is over, the domain name is released back into the public pool of domain names and is newly available for registration.
We strongly recommend that Customers renew their domain registrations before their domain names are placed into redemption period. After a domain name transits in redemption period, we are not able to prevent its zone files from being removed from the DNS system, and any web site and associated services will cease working.
We can assist Customers in retrieving their domain names only if the domain names were registered with us. Customers will be charged a REDEMPTION FEE of $270.00 USD for each domain registration renewal. If the domain name was registered with another registrar, the Customer needs to contact that registrar for more information regarding its retrieving.
In order to cancel a VPS account, the Customer must send a support ticket to the Service Provider's Sales Department via his/her Billing Manager and provide any authentication credentials requested by the Service Provider. Any other form of cancellation request will not be accepted.
VPS accounts – The VPS accounts are set up on a monthly prepay basis. Customers may cancel their accounts at any time, however they will not be entitled to a refund for the unused period of the prepaid month, since these services do NOT include Money Back Guarantee. Any incentives offered to the Customers upon sign-up will be also canceled.
Domain Name Registrations/Transfers – Domain name registrations/transfers are also treated as non-refundable services and cannot be canceled or refunded after activated upon Customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.
Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed with the Service Provider will be subject to full investigation.
When signing up for a VPS account with the Service Provider, the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, the Service Provider, as well as the Service Provider's authorized retailers (PayPal, WorldPay, 2CheckOut), will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of the Service Provider's Customer Care team will be to try to contact the user. Meanwhile, the Customer's VPS account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.
If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with the authorized retailers and eventually the account will be re-activated.
If the Customer has sent a chargeback request based on groundless argumentations (according to the Service Provider's own judgment and these VPS Terms of Service), then a dispute will be started with the authorized retailers in which the VPS Terms of Service and the AUP of the Service Provider will serve as evidence of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or the Service Provider has the right to a reverse payment.
In case that the chargeback originates from a fraudulent user (end-client) and no reverse payment procedure can be activated, then the respective VPS account will remain suspended and a $30 USD fee will be withdrawn from the commission of the reseller (the client of our Free Reseller Hosting Program) whose client's account (the end-client) has been the reason for the chargeback (in order to be covered the fees imposed to the Service Provider from our authorized retailers for the claimed unauthorized transaction).
An eNom domain reseller account is available as a free bonus with all VPS server packages. A free billing account is included in the Ultra VPS plan. The VPS reseller tools are installed per user's request.
In consideration of their use of the Service, Customers agree to:
Provide true, accurate, current and complete information about themselves as prompted by the registration form of the Service. Maintain and promptly update their registration data to keep it true, accurate, current and complete. If the Customer provides any information that is untrue, inaccurate, not current or incomplete, or the Service Provider has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, the Service Provider has the right to suspend or terminate the Customer's account and refuse any and all current or future use of the Service (or any portion thereof). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.
When introducing any changes to their contact details, Customers are obliged to notify the Service Provider in the course of 10 business days after the changes become valid. The introduction of changes should be done online through the customers' VPS Billing Manager, not via e-mail.
Customers will receive a password and account designation upon completing of the registration process of the Service. Customers are responsible for keeping the confidentiality of their passwords and accounts, and are fully responsible for all activities that occur under that password or account. Customers agree to: a) immediately notify the Service Provider about any unauthorized use of their password or account or any other breach of security; b) ensure that they safely exit (log out from) their account at the end of each session. The Service Provider cannot and will not be liable for any loss or damage of account information arising from Customer's failure to comply with this provision.
If a VPS hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, the Service Provider will take the side of the person who paid for the account and shall not provide access to any other person, since – a hosting account owner is and will be considered to be the credit card /PayPal account holder.
CPU Usage (or usage of the Central Processing Unit(s) of the web server the Customer's account is hosted on) - the CPU usage is subject to some regulations. VPS hosting accounts can exploit proportional shares of the main server's CPU cores. The Service Provider explicitly recommends that Customers be very judicious when using the CPU power for their accounts. We reserve the right to block (suspend) accounts that excessively use CPU. If such measures are taken, we will notify the Customer and give him/her an opportunity to upgrade to a different VPS package or a dedicated server hosting solution.
Guaranteed RAM – Each VPS hosting account has guaranteed RAM that it's able to use. This RAM is available at all times to the VPS server.
Memory Latency – The memory latency of a VPS server cannot exceed 1000 cycles for a period of more than 10 seconds. We reserve the right to block (suspend) accounts that generate a memory latency of 1000 cycles or more for more than 10 seconds. If such measures are about to be taken, we will notify the Customer and give him/her an opportunity to upgrade to a dedicated server hosting solution.
IP Address Allocation - Each VPS hosting account comes with a Dedicated IP Address. The Customer agrees to add new IP addresses to his server only via the Service Provider's upgrade table.
The Service Provider expressly bans the use of any VPS server hardware or software for trying to illegally access another hosted machine or network. Customers may not attempt to gain unauthorized access to any of the Service Provider's Services, other accounts, computer systems or networks connected to any of the Service Provider's Services, through hacking, password mining or other means of close nature. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by the Service Provider's Services. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact any of our Customer Care representatives.
Server content MUST comply with the parameters stated in this TOS and our Acceptable Use Policy. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of the Service Provider's Services are used for the illegal purpose of SPAM or UCE, they will be instantly terminated. Customers are solely responsible for the content of their messages. Using the Service Provider's Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited. In this light, the Service Provider expressly forbids any breach of Federal, State or Local regulation, including, but not limited to, the transmission of: copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. the Service Provider's VPS servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult or pornographic material, or any other material which is considered impermissible by the Service Provider's VPS Terms of Service (this document) and the Acceptable Use Policy (AUP).
As a condition for Customer use of the Service Provider's Services, you – the Customer, agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and our Acceptable Use Policy (AUP). the Service Provider's VPS servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted. The Service Provider reserves the right at any time to disclose any information, as the Service Provider deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove from the Services any information or materials, in whole or in part, in the sole discretion of the Service Provider.
When buying a VPS server for the purpose of creating an e-commerce online store or related e-commerce activities website, the Customer agrees to be fully responsible for the development, operation and maintenance of his/her web site/ online store and e-commerce activities within that website. The Customer is the only one in charge of approving, processing and filling client orders and taking care of client requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any clients' data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
Each Customer is in charge of all products and services, as well as all contents and materials appearing online, including:
the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;
certainty that the Customer Content and content and materials appearing in the Customer store or on its products do not violate or infringe upon the rights of any person;
certainty that the Customer Content and the content and materials appearing in the Customer store or on its products are not calumnitous or somehow illegal.
Each Customer guarantees to the Service Provider that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to the Service Provider 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 law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.
Each Customer empowers the Service Provider to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. The Service Provider is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.
The Service Provider will thoroughly scrutinize all received orders and decide, to its own discretion, which of them do not comply with the officially stated requirements for use of the Service Provider's VPS servers. the Service Provider reserves the right to refuse Service to unlawful parties.
The Service Provider reserves the right to discontinue, at his own discretion, the Service provision to any subscriber that has violated the VPS Terms of Service and/or the VPS Acceptable Use Policy. In case that the Service provision has been discontinued by the Service Provider with no explicitly stated reason, the customer will be refunded the last payment for their VPS server.
Notices, including notices concerning breach of this Agreement will be sent either to the e-mail address provided by the Customer at sign up, OR mailed by first class mail to the postal address that the Customer has on file with the Service Provider. In both cases, delivery shall be deemed to have been made five (5) days after the notice has been sent. Notices from the Customer to the Service Provider should be sent to the address provided on the Service Provider's website.
The Service Provider guarantees highest level of Customer Care service round the clock. If you feel dissatisfied with any aspect of the Service, feel free to make use of our complaints procedure detailed below.
In order to file a complaint, please send us an email to complaints@duoservers.com, specifying the nature of the problem you are experiencing. Please, provide as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be.
Here are our steps of addressing every single complaint:
The Service Provider will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. The Service Provider reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
A Service Provider's Customer Care representative will review your situation, look for an appropriate solution and inform you of the timeframe within which a response should be expected.
If the Service Provider's Customer Care representative can't resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager.
If the Customer Care manager can't resolve your complaint, as well, it will be forwarded to the Company Director, who will investigate the case to ensure that all necessary measures have been taken and will respond in writing within two working days, and reply with a solution within five working days.
An alternative complaint method is submitting a fax to the following number: 510.868.6446
Any way of indecent treatment towards a Service Provider's Customer Care employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with the Service Provider's employees regarding any request for help or consultation via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior – oral, written, or delivered by a second party – to members of the Service Provider's Customer Care stuff will be interpreted as a breach of this TOS. The Service Provider reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions.
Technical Support
Due to the specificity of the Service, Customers are fully in charge of the management and maintenance of their VPS. However, if Customers using the VPS service need assistance or want to leave this task to our highly-qualified administrators department, they can take advantage of our Managed Support or Installation & Troubleshooting services.
For Customers using the Hepsia Control Panel with their VPS, technical assistance will be provided upon request only in case that our technicians have root access to the server. To get timely assistance from us, the Customer will need to provide our technicians with their server's root access credentials.
Control Panel Migration procedures
If the Customer wants to switch their VPS Control Panel installation from cPanel to DirectAdmin or vice versa, then they will need to follow a pre-defined Control Panel migration procedure.
The Customer needs to purchase a new VPS server with an installation of the Control Panel (cPanel or DirectAdmin), which they want to migrate to.
If the Customer requests a migration of their current VPS server within 7 days of the last subscription payment date - all the current main service and upgrade payments will be cancelled and refunded. All recurring contracts associated with this VPS account will be canceled too. The VPS server itself will be terminated within 24 hours after the new VPS has been set up and its corresponding account will be closed.
If the migration procedure is requested more than 7 days after the last transaction, the Service Provider will cancel all recurring contracts associated with the current VPS account, but no payments will be refunded.
Once all the data has been migrated to the new VPS server, the current VPS server subscription should be left to expire, and the client can use it during this period.
The migration procedure can be carried out by the Customer following the instructions provided by the Service Provider.
Upon customer's request the procedure can be accomplished by the Service Provider. In the event of a problem during the migration procedure, the Service Provider will terminate the process. In such cases, the Customer agrees to cover a fee of $ 15.00 USD prior to the completion of the procedure.
In case that the migration is terminated by the Service Provider, the Customer can complete the process by themselves without paying any additional fees.
Pre-sale and general questions
Customers may use any of the support options listed below:
E-mail us using our Contact Us form
Use our Live Chat
Open a trouble ticket from the Customer's VPS Billing Manager. 1-hour support response is guaranteed!
US TOLL FREE PHONE: +1-855-211-0932
INTERNATIONAL PHONE: +1-727-546-4678
UK PHONE : +44-20-3695-1294
AU PHONE : +61-2-8417-2372
LiquidNet US LLC
6750 North Andrews Ave
Suite 200
Fort Lauderdale, FL 33309
United States of America
LiquidNet Ltd.
13 Craigleith
7 Kersfield Road
Putney, London SW15 3HN
United Kingdom
This Agreement shall be governed by and construed in accordance with the laws of England.
Any controversy or claim arising out of or relating to this Agreement, or any breach of this Agreement, in excess of $250.00 USD will be settled in accordance with the commercial arbitration rules of the American Arbitration Association.
Failure to enforce any of the provisions of this Agreement shall in no way be considered to be a waiver of these provisions, or to affect in any way the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
The Customer agrees to indemnify the Service Provider, its management body and employees (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, court actions, proceedings or judgments (collectively, "Losses") to which the Indemnified Party may become subject, and out of which Losses arise or relate to this Agreement or the Customer's use of the Services. The Customer agrees to reimburse the Indemnified Party for all legal and other expenses, including any attorney fees paid by the Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which the Indemnified Party is a party.
Force Majeure Circumstances – the Service Provider shall not be liable for any failure in the provision of the Services to the Customer resulting, directly or indirectly, from any (i) weather conditions and natural disasters, (ii) actions of any governmental or military authority, (iii) failure caused by telecommunications or Internet provider, or (iv)other force or occurrence beyond its control.
Damages & Losses – the Service Provider shall not be liable for (i) any indirect, incidental, special or consequential damages, OR for any loss of profits or loss of revenues resulting from the use of the Service Provider's Services by the Customer or any third parties, or (ii) any loss of data resulting from delays, non-deliveries or service interruptions.
Service Provision – the Service Provider provides the Services on an “AS IS” basis, without any warranties, including but not limited to, implied warranties, merchantability, or fitness of the Services for any particular purpose. The Customer shall be solely responsible for the selection, use and suitability of the Services, and the Service Provider shall have no liability therefore.
Customers do not have the right to assign this Agreement without the explicit permission of the Service Provider. This Agreement shall be in force and effect to the total benefit of the Customer and the Service Provider and their successors and permitted assigns.
The Service Provider reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these VPS Terms of Service and the Acceptable Use Policy.
These Terms of Service (the 'Agreement') are an agreement between you - the user of our hosting and related services (collectively, the 'Services'), and Conspire Web Services, in association with LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. All billing and hosting services are rendered by LiquidNet US LLC and LiquidNet Ltd. (billing operations will be handled here). Legal details about the two companies can be found in the 'Customer Service Contact Details' section of this document.
For the sake of brevity, Conspire Web Services, LiquidNet US LLC and LiquidNet Ltd. will be referred to as 'We', 'Us', 'Our' and 'Service Provider' in this document.
When signing up for a Dedicated server hosting account with the Service Provider, the Customer agrees to abide by the rules and provisions explicated in these Dedicated Terms of Service, as well as all their coherent policies (Order Verification Policy, Acceptable Use Policy, etc.) mentioned herein.
The Customer of our Services should also be aware that when signing up for a Dedicated server hosting account with the Service Provider, he/or she agrees to position data on our servers and make it accessible to the wide internet public. In this respect, the Customer understands and agrees that it is beyond the power of the Service Provider to restrict any public access to this data and guarantee the security of the Customer's files. The Customer, therefore, is completely in charge of protecting his/her web content on our Dedicated servers and should consider carefully each piece of information before uploading it to his/her newly allocated Dedicated server space. We highly recommend that Customers avoid publishing online personal data that could be abused.
The Service Provider shall provide its Services to You - the Customer - under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to keep the integrity of both the Service Provider and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our Services.
The Service Agreement, together with the Order Form, the Acceptable Use Policy (AUP), and any other policies or agreements mentioned in this document, constitute the whole act of convention between the Service Provider and the Customer.
Upon submitting of the online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:
The Service Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
For more information, please refer to our Service Level Guarantees.
Each Customer will get a default backup space quota of 100 GB, which they can avail of at any given moment.
Additionally, each Google Drive and/or Dropbox account owner is entitled to another 100 GB of backup space.
A 50 GB backup storage option is available as part of our Managed Services package as well.
For newly signed up clients - the Services are activated only after our Sales Department gets in touch with the Customer over the phone to verify the payment details (this is required due to the high fraud activity spreading online, and in order to prevent fraudulent account usage). The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be canceled.
For existing customers - the services for existing Customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.
Dedicated Server Accounts - The newly-created Dedicated server hosting accounts with the Service Provider are valid for 1 month. They can be renewed on a monthly basis, i.e. for another month that will be added to the official expiration date of the Dedicated server account.
Domain Name Registrations/Transfers - the Service Provider offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. A domain name can be purchased either at sign up together with the Dedicated server hosting account (at a regular or PROMOTIONAL price) or separately (later on) as an upgrade from the Customer's Dedicated management account. The Customer agrees to abide by the Service Provider's Domain Name Registration Agreement and Domain Name Dispute Resolution Policy. The table below displays the minimum and maximum registration periods, as well as the annual NON-PROMOTIONAL prices of all TLDs:
| tld | min/max period of registration @ min period price |
|---|---|
| .ae | 1-5 years @ $37.95 per year |
| .asia | 1-10 years @ $19.95 per year |
| .at | 1 years @ $15.50 per year |
| .be | 1 years @ $11.95 per year |
| .biz | 1-10 years @ $14.95 per year |
| .business | 1-10 years @ $12.95 per year |
| .ca | 1-10 years @ $19.95 per year |
| .cc | 1-10 years @ $29.95 per year |
| .ch | 1 years @ $13.50 per year |
| .church | 1-10 years @ $29.95 per year |
| .club | 1-10 years @ $19.95 per year |
| .cn | 1-10 years @ $10.50 per year |
| .co | 1-5 years @ $29.95 per year |
| .co.il | 1 years @ $23.00 per year |
| .com | 1-10 years @ $14.95 per year |
| .com.au | 2 years @ $25.95 per year |
| .com.cn | 1-10 years @ $10.50 per year |
| .com.mx | 1-5 years @ $49.95 per year |
| .company | 1-10 years @ $9.45 per year |
| .computer | 1-10 years @ $28.50 per year |
| .com.tw | 1-10 years @ $27.95 per year |
| .co.nz | 1-10 years @ $20.45 per year |
| .co.uk | 1-10 years @ $11.95 per year |
| .co.za | 1 years @ $19.95 per year |
| .de | 1 years @ $11.95 per year |
| .deals | 1-10 years @ $27.95 per year |
| .digital | 1-10 years @ $28.50 per year |
| .dk | 1-3,5 years @ $29.95 per year |
| .education | 1-10 years @ $19.95 per year |
| 1-10 years @ $19.50 per year | |
| .es | 1-5 years @ $11.95 per year |
| .eu | 1-10 years @ $11.95 per year |
| .family | 1-10 years @ $27.95 per year |
| .fi | 1-5 years @ $19.95 per year |
| .fr | 1 years @ $11.00 per year |
| .fun | 1-10 years @ $19.95 per year |
| .games | 1-10 years @ $19.95 per year |
| .gr | 2 years @ $34.95 per year |
| .guru | 1-10 years @ $29.95 per year |
| .host | 1-10 years @ $89.95 per year |
| .hosting | 1-10 years @ $345.00 per year |
| .idv.tw | 1-10 years @ $27.95 per year |
| .ie | 1-10 years @ $19.95 per year |
| .in | 1-10 years @ $11.95 per year |
| .info | 1-10 years @ $14.95 per year |
| .it | 1 years @ $10.50 per year |
| .jp | 1 years @ $41.00 per year |
| .me | 1-10 years @ $17.50 per year |
| .me.uk | 1-10 years @ $11.95 per year |
| .mobi | 1-10 years @ $19.95 per year |
| .mx | 1-5 years @ $49.95 per year |
| .name | 1-10 years @ $11.95 per year |
| .net | 1-10 years @ $14.95 per year |
| .net.au | 2 years @ $27.95 per year |
| .net.cn | 1-10 years @ $10.50 per year |
| .net.nz | 1-10 years @ $20.45 per year |
| .network | 1-10 years @ $19.50 per year |
| .news | 1-10 years @ $27.95 per year |
| .ninja | 1-10 years @ $19.45 per year |
| .nl | 1 years @ $11.95 per year |
| .no | 1 years @ $19.95 per year |
| .nu | 1-10 years @ $18.00 per year |
| .online | 1-10 years @ $49.95 per year |
| .org | 1-10 years @ $14.95 per year |
| .org.au | 2 years @ $34.95 per year |
| .org.cn | 1-10 years @ $10.50 per year |
| .org.nz | 1-10 years @ $20.45 per year |
| .org.tw | 1-10 years @ $27.95 per year |
| .org.uk | 1-10 years @ $11.95 per year |
| .party | 1-10 years @ $29.95 per year |
| .ph | 1-2,5,10 years @ $70.00 per year |
| .pl | 1-3 years @ $27.95 per year |
| .press | 1-10 years @ $59.95 per year |
| .pro | 1-10 years @ $17.00 per year |
| .pt | 1,3,5 years @ $18.00 per year |
| .qa | 1-5 years @ $42.95 per year |
| .ru | 1 years @ $11.95 per year |
| .run | 1-10 years @ $19.95 per year |
| .se | 1-10 years @ $16.50 per year |
| .services | 1-10 years @ $26.95 per year |
| .site | 1-10 years @ $29.95 per year |
| .software | 1-10 years @ $28.50 per year |
| .solutions | 1-10 years @ $19.45 per year |
| .space | 1-10 years @ $21.95 per year |
| .store | 1-10 years @ $49.95 per year |
| .systems | 1-10 years @ $19.50 per year |
| .tech | 1-10 years @ $59.95 per year |
| .technology | 1-10 years @ $19.50 per year |
| .top | 1-10 years @ $19.95 per year |
| .tv | 1-10 years @ $29.95 per year |
| .tw | 1-10 years @ $27.95 per year |
| .uk | 1-10 years @ $11.95 per year |
| .us | 1-10 years @ $11.95 per year |
| .we.bs | 1-10 years @ $4.45 per year |
| .website | 1-10 years @ $23.95 per year |
| .ws | 1-10 years @ $27.00 per year |
| .xyz | 1-10 years @ $11.95 per year |
Domain Renewals - Even though the Service Provider will provide regular reminders about the expiration of the domain name(s) registered through the company, it is your obligation to keep track of when the registration service(s) will expire. Should you fail to renew a domain name before its expiration date, the domain name will be suspended or canceled.
We strongly recommend that Customers renew their domain registrations before their domain names are placed into redemption period. After a domain name transits in redemption period, we are not able to prevent its zone files from being removed from the DNS system, and any web site and associated services will cease working.
We can assist Customers in retrieving their domain names only if the domain names were registered with us. Customers will be charged a REDEMPTION FEE of $270.00 USD for each domain registration renewal. If the domain name was registered with another registrar, the Customer needs to contact that registrar for more information regarding its retrieving.
In order to cancel a Dedicated server account, the Customer must send a support ticket to the Service Provider's Sales Department via his/her Dedicated management account and provide any authentication credentials requested by the Service Provider. Any other form of cancellation request will not be accepted.
Dedicated server hosting accounts - The Dedicated server accounts are set up on a monthly prepay basis. Customers may cancel their accounts at any time, however they will not be entitled to a refund for the unused period of the prepaid month, since these services do NOT include Money Back Guarantee. Any incentives offered to the Customers upon sign-up will be also canceled.
Domain Name Registrations/Transfers - Domain name registrations/transfers are also treated as non-refundable services and cannot be canceled or refunded after activated upon Customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.
Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed with the Service Provider will be subject to full investigation.
When signing up for a Dedicated server hosting account with the Service Provider, the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, the Service Provider, as well as the Service Provider's authorized retailers (PayPal, WorldPay, 2CheckOut), will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of the Service Provider's Customer Care team will be to try to contact the Customer. Meanwhile, the Customer's Dedicated server account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with the authorized retailers and eventually the Dedicated server account will be re-activated.
If the Customer has sent a chargeback request based on groundless argumentations (according to the Service Provider's own judgment and these Dedicated Terms of Service), then a dispute will be started with the authorized retailers in which the Dedicated Terms of Service and the AUP of the Service Provider will serve as evidence of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or the Service Provider has the right to a reverse payment.In case that the chargeback originates from a fraudulent user (end-client) and no reverse payment procedure can be activated, then the respective Dedicated server account will remain suspended and a $30 USD fee will be withdrawn from the commission of the reseller (the client of our Free Reseller Hosting Program) whose client's account (the end-client) has been the reason for the chargeback (in order to be covered the fees imposed to the Service Provider from our authorized retailers for the claimed unauthorized transaction).
A collection of free hosting reseller tools : a free billing software (ClientExec) and a free domain reseller account is available with each Dedicated Server hosting package. All bonuses are given per customer's request.
In consideration of their use of the Service, Customers agree to:
The client is also obliged not to terminate the SNMP service activated by the Service Provider to keep track of the used IPs on the server. Upon a termination of the SNMP service - the Service Provider will inform the client and the client will have to reactivate the service in 48 hours. If the client does not cooperate - the Service Provider can suspend the client's access to the server at his own discretion.
Тhe Service Provider expressly bans the use of any Dedicated server hardware or software for trying to illegally access another hosted machine or network. Customers may not attempt to gain unauthorized access to any of the Service Provider's Services, other accounts, computer systems or networks connected to any of the Service Provider's Services, through hacking, password mining or other means of close nature. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by the Service Provider's Services. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact any of our Customer Care representatives.
Server content MUST comply with the parameters stated in this TOS and our Acceptable Use Policy. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of the Service Provider's Services are used for the illegal purpose of SPAM or UCE, they will be instantly terminated. Customers are solely responsible for the content of their messages. Using the Service Provider's Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited. In this light, the Service Provider expressly forbids any breach of Federal, State or Local regulation, including, but not limited to, the transmission of: copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The Service Provider's Dedicated servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult or pornographic material, or any other material which is considered impermissible by the Service Provider's Dedicated Terms of Service (this document) and the Acceptable Use Policy (AUP).
As a condition for Customer use of the Service Provider's Services, you - the Customer, agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and our Acceptable Use Policy (AUP). The Service Provider's Dedicated servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted. The Service Provider reserves the right at any time to disclose any information, as the Service Provider deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove from the Services any information or materials, in whole or in part, in the sole discretion of the Service Provider.
When buying a Dedicated server for the purpose of creating an e-commerce online store or related e-commerce activities website, the Customer agrees to be fully responsible for the development, operation and maintenance of his/her web site/ online store and e-commerce activities within that website. The Customer is the only one in charge of approving, processing and filling client orders and taking care of client requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any clients' data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
Each Customer is in charge of all products and services, as well as all contents and materials appearing online, including:
Each Customer guarantees to the Service Provider that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to the Service Provider that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
Each Customer empowers the Service Provider to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. The Service Provider is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.
The Service Provider will thoroughly scrutinize all received orders and decide, to its own discretion, which of them do not comply with the officially stated requirements for use of the Service Provider's Dedicated servers. The Service Provider reserves the right to refuse Service to unlawful parties.
The Service Provider reserves the right to discontinue the Service provision to any subscriber that the Service Provider deems, at its sole discretion, has violated any condition of the Service explicated in this Terms of Service and/or the Acceptable Use Policy.
Notices, including notices concerning breach of this Agreement will be sent either to the e-mail address provided by the Customer at sign up, OR mailed by first class mail to the postal address that the Customer has on file with the Service Provider. In both cases, delivery shall be deemed to have been made five (5) days after the notice has been sent. Notices from the Customer to the Service Provider should be sent to the address provided on the Service Provider's website.
The Service Provider guarantees highest level of Customer Care service round the clock. If you feel dissatisfied with any aspect of the Service, feel free to make use of our complaints procedure detailed below.
In order to file a complaint, please send us an email to complaints@duoservers.com, specifying the nature of the problem you are experiencing. Please, provide as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be.
Here are our steps of addressing every single complaint:
Any way of indecent treatment towards a Service Provider's Customer Care employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with the Service Provider's employees regarding any request for help or consultation via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior - oral, written, or delivered by a second party - to members of the Service Provider's Customer Care stuff will be interpreted as a breach of this TOS. The Service Provider reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions.
Technical Support
Due to the specificity of the Service, Customers are fully in charge of the management and maintenance of their Dedicated servers. However, if they need assistance or want to leave this task to our highly-qualified administrators department, they can avail of our Fully Managed Support service available at a monthly fee of $30 USD. Additional software installation and troubleshooting, which are not included in the Managed Support Package will cost $60 USD.
Pre-sale and general questions
Customers may use any of the support options listed below:
US TOLL FREE PHONE: +1-855-211-0932
INTERNATIONAL PHONE: +1-727-546-HOST(4678)
UK PHONE : +44-20-3695-1294
AU PHONE : +61-2-8417-2372
US FAX: +1-510-868-6446
This Agreement shall be governed by and construed in accordance with the laws of England.
Any controversy or claim arising out of or relating to this Agreement, or any breach of this Agreement, in excess of $250.00 USD will be settled in accordance with the commercial arbitration rules of the American Arbitration Association.
Failure to enforce any of the provisions of this Agreement shall in no way be considered to be a waiver of these provisions, or to affect in any way the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
The Customer agrees to indemnify the Service Provider, its management body and employees (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, court actions, proceedings or judgments (collectively, "Losses") to which the Indemnified Party may become subject, and out of which Losses arise or relate to this Agreement or the Customer's use of the Services. The Customer agrees to reimburse the Indemnified Party for all legal and other expenses, including any attorney fees paid by the Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which the Indemnified Party is a party.
Force Majeure Circumstances - the Service Provider shall not be liable for any failure in the provision of the Services to the Customer resulting, directly or indirectly, from any (i) weather conditions and natural disasters, (ii) actions of any governmental or military authority, (iii) failure caused by telecommunications or Internet provider, or (iv)other force or occurrence beyond its control.
Damages & Losses - the Service Provider shall not be liable for (i) any indirect, incidental, special or consequential damages, OR for any loss of profits or loss of revenues resulting from the use of the Service Provider's Services by the Customer or any third parties, or (ii) any loss of data resulting from delays, non-deliveries or service interruptions.
Service Provision - the Service Provider provides the Services on an as-is basis, without any warranties, including but not limited to, implied warranties, merchantability, or fitness of the Services for any particular purpose. The Customer shall be solely responsible for the selection, use and suitability of the Services, and the Service Provider shall have no liability therefore.
Customers do not have the right to assign this Agreement without the explicit permission of the Service Provider. This Agreement shall be in force and effect to the total benefit of the Customer and the Service Provider and their successors and permitted assigns.
The Service Provider reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these Dedicated Terms of Service and the Acceptable Use Policy.
Domain Name Registration Agreement
This Registration Agreement ("Agreement") is between you, any agent or person authorized to act on your behalf, the registrant listed in the WHOIS contact information for the domain name ("You", "Registrant"), and the following companies, which work in association with Conspire Web Services - LiquidNet Ltd., an ICANN accredited domain registrar, headquartered in London, UK (No. 4654498) and LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida. Conspire Web Services, LiquidNet US LLC and LiquidNet Ltd. will be referred to in this document as 'We', 'Us', 'Our' and 'Service Provider', for the sake of brevity.
YOUR AGREEMENT
The Agreement sets forth the terms and conditions of your use of domain name registration and related services ("Services"). It explains the obligations of the Service Provider to you, and explains your obligations to the Service Provider for various services offered by the Service Provider.
By using the service(s) provided by the Service Provider under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any pertinent rules or policies that are or may be published by the Service Provider, the Uniform Dispute Resolution Policy ("UDRP"), and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by Internet Corporation of Assigned Names and Numbers ("ICANN"), the registries, and governments.
DOMAIN NAME REGISTRATION/TRANSFER
The Service Provider provides domain registrations for both generic Top Level Domains (gTLDs) and country-code Top Level Domains (ccTLDs).
You can view the full list of Registrant Benefits, Rights and Responsibilities, approved by ICANN, on their website:
http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#registrant
If you register a .INFO domain name, you also enter into a contract of registration with Afilias Limited, which is represented by the following Terms & Conditions:
http://afilias.info/policies
If you register a .UK, .CO.UK, .ORG.UK or .ME.UK domain name, you also enter into a contract of registration with Nominet UK, which is represented by the following Terms & Conditions:
http://www.nominet.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration
SERVICE PAYMENTS, RECURRING CONTRACTS AND CHARGEBACKS
EXPIRATION AND RENEWAL OF SERVICES; EXPIRATION NOTIFICATIONS
Even though the Service Provider will provide regular reminders about the expiration of the domain name(s) registered through the company, it is your obligation to keep track of when the registration service(s) will expire. Should you fail to renew a domain name before its expiration date, the domain name will be suspended or canceled.
| Registrar | TLD | RGP fee |
| LiquidNet Ltd | .com, .net, .org, .info, .biz | $90.00 |
| LogicBoxes | .us, .in, .cc, .tv | $90.00 |
| EURid | .eu | $20.00 |
| eNom | .com, .net, .org, .info, .biz,.co, .asia, .ca, .name, .mobi, .tw, .com.tw, .org.tw, .idv.tw, .pro, .me | $270.00 |
NOTE: As per EURid's domain expiration policy, all .EU domain names will be suspended one day BEFORE their official expiration date and will enter a 40-day Redemption Grace Period during which they can still be renewed. However, an additional fee will be added atop the renewal price.
Pursuant to ICANN's Expired Registration Recovery Policy (ERRP), the Service Provider will notify the Registrant of an expiring domain name before and after its expiration date. The Service Provider's renewal reminder will consist of an email message sent to the Registrant's email address as it is listed in the expiring domain's Whois record. The pre-expiration emails are sent 30, 14 and 7 days before the expiration date itself. The post-expiration notices are sent on the very expiration date, as well as 7 and 14 days after it. Where appropriate, the Service Provider sends such notices to the given domain name's administrative contact, and/or any other email address that the Service Provider determines, in its sole discretion, to be sufficiently related to the domain name in question. You therefore acknowledge and agree that it is your responsibility to provide and maintain accurate contact information so that the Service Provider can send you important notices regarding your account.
BACKORDERING EXPIRING DOMAINS
Backordering a domain allows you to attempt to acquire an attractive domain that expires within the upcoming few days, the moment it becomes available for registration. The service is currently available only for .COM and .NET TLDs.
Placing a backorder does not guarantee that you will acquire the domain name you have requested. We cannot guarantee a successful registration and will not be held liable if we are unable to register the requested domain name, because this registration process is on a first-come-first-served basis where we might be unsuccessful in our attempt to register it for you.
In order to be eligible for the backorder domain service, you will need to deposit or have enough funds in your wallet balance. The amount placed in the wallet is non-refundable, so if we do not succeed in registering the domain for you, the funds will be returned in your overall wallet balance and you can use them for another service or attempt to backorder another domain.
DOMAIN NAME WHOIS INFORMATION
You agree to provide current, complete and accurate contact details 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, email address, voice telephone number, and where available, fax number, as well as the name of authorized person for contact purposes in the case of an Registrant that is an organization, association, or corporation.
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.
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, 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.
REGISTRANT INFORMATION AND DATA SHARING
COMPLETE AND ACCURATE DOMAIN NAME WHOIS INFORMATION
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.
Registrant's willful provision of inaccurate or unreliable information, its willful failure to update information within seven (7) days of any change, will constitute a material breach of the present Agreement and be a basis for suspension and/or cancellation of the domain name registration.
If the information provided by the Registrant is deemed inaccurate by the Service Provider, and the Registrant fails to respond within 15 calendar days of the date the Service Provider sends a notice to the Registrant, this will be treated by the Service Provider as a material breach of the present Agreement and be a basis for suspension and/or cancellation of the domain name registration.
You are solely responsible for keeping track of the emails that will be sent by the Service Provider to the email address associated with the registered domain name. Inability to respond to such inquiries and emails may result in losing ownership over the domain name(s).
THIRD-PARTY USE OF DOMAIN NAME REGISTRATIONS
If, in obtaining the Service Provider's 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.
You will represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
Any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the registered domain name.
A Registrant licensing use of a registered domain name according to this provision shall accept liability for harm caused by wrongful use of the registered domain name unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing reasonable evidence of actionable harm.
OBLIGATIONS RELATED TO WHOIS DATA PROCESSING
Тhe Service Provider shall provide notice to each new or renewed Registrant stating:
The Registrant, in turn, shall consent to the data collecting procedure stated in subsection 7-a.
The Registrant shall represent that a notice equivalent to that described in subsection 7-a has been provided to any third-party individuals whose personal data are supplied to Registrar by the Registrant, and that the Registrant has obtained consent equivalent to that described in subsection 7-b of any such third-party individuals.
Тhe Service Provider will agree that it will not process the personal data collected from the Registrant in a way incompatible with the purposes and other limitations about which it has provided notice to the Registrant in accordance with subsection 7-a above.
Тhe Service Provider will agree that it will take reasonable precautions to protect personal data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
OBLIGATIONS RELATED TO DOMAIN REGISTRATION DISPUTES
You agree to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), a copy of which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm. You agree that the UDRP may be changed by ICANN (or ICANN's successor) at any time and that such a change will be binding upon you. You agree that, 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 in effect at the time your domain name registration is disputed by the third party. You also agree that, 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. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.
For the adjudication of disputes concerning or arising from use of the registered domain name the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile and (2) where the Service Provider is located.
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 with the Service Provider. If you make a request to delete your personal data and that data is necessary for the 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.
ACCOUNT SECURITY
It is your duty to safeguard your аccount login username and password from any unauthorized use. Any person in possession of your аccount login username 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.
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 BELOW IN THIS AGREEMENT.
SHARING OF WHOIS INFORMATION
You agree that 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 Operator(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 hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information.
You agree that 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. We reserve the right to discontinue providing bulk WHOIS data access to third parties.
Additionally, you acknowledge that 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/.
OWNERSHIP OF INFORMATION AND DATA
You agree and acknowledge that 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. You further agree and acknowledge that 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, email address, voice telephone number, and where available fax number of 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 domain name registration 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.
TRANSFERS OF DOMAIN NAMES
You agree that 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 as described in Section 11 of this Agreement, as these policies may be modified from time to time.
You agree that, upon initial registration, we may place a "Registrar Lock" ("ClientTransferProhibited" status) on your domain name services and that 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. 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 .com).
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 60 calendar days of initial registration, within 60 calendar 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 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. You may be required to resubmit a transfer request if there is a communication failure. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:
We 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 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, or (vii) 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.
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 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. We and any Registry Operator 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 Operator deem necessary, in either our or the Registry Operator's unlimited and sole discretion: (i) to protect the integrity and stability of the Registry Operator; (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 Operator, 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; (vii) per the terms of this Agreement; or (viii) for the resolution of disputes concerning the domain name.
LIMITATION OF LIABILITY
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNITY AND DEFENSE
With respect to ICANN, the Registry Operators, and the Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to defend, indemnify 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. Moreover, should we be forced to defend ourselves in any action or legal proceeding in connection with any Service(s) provided to you, you shall have sole responsibility to defend us against any such claim by the legal counsel of our choosing. This indemnification is in addition to any indemnification required under the UDRP. The terms of this paragraph will survive any termination or cancellation of this Agreement.
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.
GOVERNING LAW AND JURISDICTION FOR DISPUTES
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 Kingdom, as if the Agreement was a contract wholly entered into and wholly performed within the United Kingdom. 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. 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.
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.
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.
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 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:
CUSTOMER SERVICE CONTACT DETAILS
Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
1. PURPOSE. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. YOUR REPRESENTATIONS. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that:
the statements that you made in your Registration Agreement are complete and accurate;
to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;
you are not registering the domain name for an unlawful purpose;
you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
3. CANCELLATIONS, TRANSFERS, AND CHANGES. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action;
our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) (k) below).
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. MANDATORY ADMINISTRATIVE PROCEEDINGS. This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
you have no rights or legitimate interests in respect of the domain name; and
your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)/(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process of initiating and conducting a proceeding and appointing the panel that will resolve the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes that are to be consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
g. Fees. All fees charged by a Provider in connection to any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly between you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our WHOIS database (see Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details). If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive:
evidence satisfactory to us of a resolution between the parties;
evidence satisfactory to us that your lawsuit has been dismissed or withdrawn;
a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. ALL OTHER DISPUTES AND LITIGATION. All other disputes between you and any party other than us regarding your domain name registration, that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4, shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. OUR INVOLVEMENT IN DISPUTES. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. MAINTAINING THE STATUS QUO. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. TRANSFERS DURING A DISPUTE.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder:
during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or
during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator.
We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. POLICY MODIFICATIONS. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at Conspire Web Services at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
Conspire Web Services Whois Privacy Protection Service Agreement
PLEASE READ CAREFULLY THE WHOIS PRIVACY PROTECTION SERVICE AGREEMENT (FOR THE SAKE OF SIMPLICITY, FROM HEREON WE WILL REFER TO IT AS "AGREEMENT"). YOU AGREE WITH ALL TERMS AND CONDITIONS IN THIS AGREEMENT IN ORDER TO USE THE WHOIS PRIVACY PROTECTION SERVICES (WHICH FROM HEREON WILL BE REFERRED TO AS "IDP SERVICES"). YOU AGREE THAT LiquidNet US LLC CAN CHANGE THIS AGREEMENT BY POSTING THE CHANGED AGREEMENT ON THE WEB PAGE FROM WHERE YOU PURCHASED THE IDP SERVICES. YOU AGREE THAT ANY NEW, DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE IDP SERVICES WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. YOU AGREE THAT ALL NEW, UPDATED OR ADDITIONAL FEATURES THAT CHANGE IN SOME WAY THE IDP SERVICES WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL THE CHANGES TO THE AGREEMENT HERETO, DO NOT USE OR CONTINUE USING THE IDP SERVICES. IF YOU CONTINUE TO USE THE IDP SERVICES AFTER THIS AGREEMENT HAS BEEN UPDATED AND THE CHANGES POSTED ONLINE, YOU WILL AUTOMATICALLY BE SUBJECT TO THE NEW TERMS AND CONDITIONS POSTED.
This Agreement is by and between LiquidNet US LLC, a Florida corporation (C/O whois-shield.com, Fort Lauderdale, FL, 33309), and You, Your heirs, executors, administrators, agents, successors and assigns ("You," "Your," and other appropriate formatives). This Agreement will define the exact terms and conditions of Your relationship with LiquidNet US LLC and Your use of the IDP Services. You confirm that You have read and understand and agree to be bound by all terms and conditions specified in this Agreement for transactions entered into by:
You agree that You will be bound by representations made by third parties You use to obtain the IDP Services. You also agree to follow the terms and conditions, established by the Internet Corporation for Assigned Names and Numbers ("ICANN"), including the Uniform Domain Name Dispute Resolution Policy and any policy which ICANN may enforce, regarding WHOIS information.
THE IDP SERVICES
If you subscribe to the IDP Services, your name, postal and email address, phone and fax numbers shall be kept confidential and hidden, falling subject to Section 5 of this Agreement. The following information (instead of your personal details) will be thereafter publicly available in the "Whois" section for each IDP Domain:
While You will not be listed as the registrant of the IDP Domain, LiquidNet US LLC will not control the IDP Domain(s). You will retain your right to sell or transfer each IDP Domain; You will retain your right to control and set the DNS settings for the IDP Domain(s); You will retain your right to renew each IDP Domain name registration upon expiration and You will still be responsible for any and all monetary or other legal claims, connected with Your IDP Domain(s), subject to the remaining sections of this Agreement.
IMPORTANT: THE IDP SERVICE IS NOT A MAIL FORWARDING SERVICE. You agree that You will not give to any third party the IDP Addresses for the intention of having the third party send communications to you via the LiquidNet US LLC IDP Service. Third parties can obtain the IDP Addresses listed in the Whois Information of their own accord, but You agree that You will not provide the IDP Addresses to such third parties.
PROVISION OF PERSONAL INFORMATION
You agree that for each IDP Domain, You will provide LiquidNet US LLC with the current details and that you will maintain them current and accurate:
You agree to:
Conspire Web Services may modify its information from time to time in such a way, which may constitute a "Change of Registrant" under ICANN’s Transfer Policy (the "Transfer Policy"). In such a case, You explicitly opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed under the Transfer Policy due to any such Change of Registrant.
In addition, You explicitly authorize the registrar of the IDP Domain to act as its "Designated Agent" (as defined in the Transfer Policy) to approve each "Change of Registrant" (as defined in the Transfer Policy) on its behalf.
FEES AND RENEWALS
If, on the due date LiquidNet US LLC has not received renewal or other fees, you agree that LiquidNet US LLC can try to contact You, but is not obliged to do so, and You agree that LiquidNet US LLC can suspend or terminate the IDP Services as a result of non-payment.
LiquidNet US LLC can charge reasonable fees for administrative tasks for services, not falling into the already defined ones. These include, but are not limited to, customer service issues that require personal service and disputes that require legal services. You are responsible for covering all fees and taxes associated with using LiquidNet US LLC's services. Payments shall be made by credit card or PayPal. You agree that charges will appear on Your credit card statement under "PayPal Hosting" or "PayPal Hosting and Domains", depending on whether the credit card statement is restricted to 11 or 19 symbols. All fees are non-refundable.
If there is a charge back for a fee, which has been already covered, You agree that LiquidNet US LLC can, without notice, pursue all available remedies in order to obtain payment for that fee. Without limitation on other remedies which may be available under such circumstances, You agree that LiquidNet US LLC may assume complete ownership of the IDP Domain(s), that the IDP Domain(s) can be sold to third parties, or that the IDP Domain(s) can be pointed to an IP address of LiquidNet US LLC's own choice, and that LiquidNet US LLC can immediately cancel Your Account and all other services provided to You.
IMPORTANT TERMS REGARDING THE RELATIONSHIP OF THE TERM OF THE IDP SERVICES AND THE REGISTRATION TERM OF THE ASSOCIATED IDP DOMAIN: Your IDP Services term begins on the date when Your purchase of IDP Services is accepted by the LiquidNet US LLC and it will run for the time period you have chosen (by default, one year). The IDP Services term can be different from the registration term of the IDP Domain. If the domain, for which the IDP Service is activated, expires and is deleted before the end of the term of the IDP Service, then the IDP Service associated with this domain will end when the IDP Domain is deleted and there will be no refund for the unused portion of the IDP Services. If the IDP Services term ends while the registration term for the IDP Domain is still ongoing, then the IDP Services will no longer be available until they are renewed and the personal information specified in section 2 will be listed as the WHOIS information for the (then former) IDP Domain. All communication forwarding services (specified in section 6) will no longer be provided.
YOUR RESPONSIBILITIES AND WARRANTIES
It's Your responsibility to keep all information provided by You in relation to this Agreement truthful, complete, current and accurate and to maintain all information in this status for the term of this Agreement. You agree that You will be using the IDP service in good faith and that You have no information, knowledge or reason to consider that Your IDP Domain or the content found at all the IP Addresses associated with it violate or conflict with legal rights of a third party or a third party's trademark or trade name. You warrant that neither the IDP Service nor the domain associated with the IDP Service are to be used in connection with any of the activities defined in section 5 of this Agreement, or used for the transmission of unsolicited Spam emails.
In the event of any of the following:
THEN
You understand and agree that LiquidNet US LLC has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the IDP Services, close Your Account, terminate the provision of the IDP Services, list the information You provided in section 2 as the Whois information 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 IDP Domain(s), or take any other action which LiquidNet US LLC deems necessary.
In the event LiquidNet US LLC takes any of the actions set forth above or in the event You elect to cancel the IDP Services for any reason, any fees paid by You for the IDP Services will NOT be refunded.
You also agree and understand that LiquidNet US LLC can, in its sole discretion and with no liability to You, cancel the IDP Service during the first thirty (30) days after Your purchase of the IDP Services, and/or suspend all Your rights under this Agreement and display the original WHOIS information until a resolution of the dispute or investigation of allegations raised against You is reached.
FORWARDING COMMUNICATIONS
You agree and understand that LiquidNet US LLC has the right to review communications sent to the IDP Addresses associated with Your IDP 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 ("Spam"), LiquidNet US LLC will either i) forward such communication to You or ii) attempt to send you a scanned copy of the communication in order to consult with You about whether to forward the communication to You or not. You specifically acknowledge that LiquidNet US LLC may choose not to contact You regarding (and not forward to You) 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 IDP Services as a general mail forwarding service (see section 1, above). You authorize LiquidNet US LLC to either discard and ignore all such communications or return them 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 LiquidNet US LLC, including failures which arise from LiquidNet US LLC's mistake in judging whether a communication appears to be an unsolicited communication.
The Whois directory generally requires an email address for every purchased domain name registration. When You purchase IDP Services, LiquidNet US LLC creates an email address for that domain, which will look like this - "dsa343wqef432@whois-shield.com". From there on, when a message is sent to the email address listed as the IDP Address, LiquidNet US LLC will forward the messages to the email address You listed in section 2. If the email address you have provided us with becomes non-functioning or if email sent to the address bounces, LiquidNet US LLC is not bound to try to contact You through other means.
Your Obligation to Reply to messages from LiquidNet US LLC:
LIMITATION OF LIABILITY
LiquidNet US LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTIES. THIS LIMITED LIABILITY CLAUSE SHALL APPLY EVEN IF LiquidNet US LLC HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY CLAIMS. IN NO EVENT SHALL LiquidNet US LLC'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE OR THE PRODUCT. LiquidNet US LLC'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
You also understand and agree that LiquidNet US LLC will disclaim any loss or liability resulting from:
You also agree to release, defend, indemnify and hold harmless LiquidNet US LLC and its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, coming from or related in any way to this Agreement, the IDP Services, the web sites of the Service Providers, Your Account, and/or Your use of Your IDP Domain.
TERM OF AGREEMENT
The term of this Agreement begins on the date Your purchase of the IDP Services is accepted by LiquidNet US LLC. The term shall run for a time period for which You ordered the IDP Services, unless terminated or suspended sooner according to the terms of this Agreement. Sections 6 (Forwarding Communications) and 7 (Limitation of Liability) shall survive any termination or expiration of this Agreement.
CONTACT DETAILS
If you have any questions about our Whois Privacy Protection Service Agreement, please use our Contact Us form.
Postal Address:
LIQUID NET US LLC
6750 North Andrews Ave
Suite 200
Fort Lauderdale, FL 33309
USA
LiquidNet Ltd.
13 Craigleith
7 Kersfield Road
Putney, London SW15 3HN
United Kingdom