Welcome. We appreciate your business and look forward to a productive working relationship with you. This “Master Services Agreement” (the “MSA”) sets out the rights, responsibilities and legal obligations of the parties to it. The individual or entity placing an order for Services is referred to in this MSA as “Customer,” “you” or “your” and is the individual, or entity, designated as the “owner” in our records. The entity providing the services is referred to as “we,” “us” or “our.” The individual or entity using the Services, if different than the Customer, is referred to as the “End User.” The “Services” are the products, technologies and other items purchased by the Customer as set out on our web page describing them on the Effective Date (“Order Form”). The Effective Date of this MSA is the date you click “I accept” as that date is recorded by our servers.
This MSA includes agreements incorporated by reference. This MSA includes the following documents, which you agree you have reviewed, and accept:
The Services.
Privacy Shield: We received ‘Privacy Shield’ certification under the EU - U.S. Privacy Shield framework. This certification has limits. It is the Customer’s obligation to determine if the use of the Services is allowed given the laws and regulations in its jurisdiction. More information about our Privacy Shield Certification can be found in the Privacy Policy.
Fees.
Payments for the Services, the due date, and all other information related to the assessment and collection of amounts owed are set out on the Order Form (“Fees”). If the Order Form does not contain a payment date, Fees are due monthly. Upon the renewal of a Service Term, the Fees will be set to our then standard fee for the particular Service. Discounts provided to new Customers may not be extended to Services you have already agreed to purchase. If we do not collect Fees immediately, your service may be suspended.
During the Term, we will only increase the Fees in the following circumstances:
Fees are not refundable, unless you choose Services covered by a “30 day money back guarantee.”
Taxes may not be included in the prices set out on your Order Form. If we are required to collect taxes, they will be added to the Fees, and you agree to furnish us information necessary to calculate them and you agree to pay them once calculated. We will not charge you taxes based on our income.
Charges assessed by third parties will be added to the Fees within thirty (30) calendar days from the date we receive them. You agree to pay these charges regardless of the length of time that may have passed.
If you do not pay the Fees when due, we may suspend and or delete any and all Services. Following suspension of Services for non-payment, we are not required to reinstate Services until:
We understand that from time to time the parties may have disagreements about the Fees. To help resolve these disputes, each of the parties agrees to try to resolve these disagreements as set out in this paragraph. If you dispute any Fee, you must notify us in writing of this dispute before the Fee is due. In your notice, you agree to include sufficient information to allow us to investigate the dispute. We agree to complete this investigation within thirty (30) calendar days from the date your Fee is due, and provide to you a written discussion of our investigation, with sufficient facts for you to review. If we agree with your dispute, we will credit your account on your next billing cycle, or within sixty (60) calendar days if your billing cycle is not monthly. If we reject your dispute, you have thirty (30) calendar days to present us with a written rebuttal, again with sufficient information for us to understand your arguments. We will review this material within thirty (30) calendar days from our receipt. If the parties continue to disagree, they may pursue their remedies at law, consistent with this MSA. Fee disputes are Service specific, and you are required to pay Fees for other Services during the period of a dispute. You may not terminate this MSA, or any Service, based on a Fee dispute. We will not charge you interest on affected Fees during a dispute, provided that the dispute is bona fide.
We take every possible measure to secure online payment processing of your account. While our own payment processing systems are secure and PCI compliant, our hosting environments are not fully compliant with Payment Card Industry Data Security Standard (“PCI DSS”).
Term. This MSA shall begin on the Effective Date and continue until terminated by a party (“MSA Term”). Individual Services shall begin on their Effective Date and continue until terminated by a party (“Service Term”). The MSA Term and the Service(s) Term are collectively referred to as the “Term.” The initial Service(s) Term is set out on the Order Form. If the Order Form does not have a Service(s) Term, the Service(s) Term will be one (1) year. On the expiration of an initial Service(s) Term, the individual Services shall renew for the length of the initial Service(s) Term unless you notify us in writing no later than fifteen (15) calendar days prior to expiration of your intent to terminate them. Our required termination procedure is set out below. The MSA Term shall extend until the MSA is properly terminated.
Termination. We hate to see you go, but here is how this MSA may be terminated.
You may terminate an individual Service by contacting our client services team by phone, ticket or chat and notifying us of your intent to terminate your service (“Service Termination”). A Service Termination must be done no later than fifteen (15) calendar days before the Service Term will renew, does not apply to other Services we provide to you, and, unless the Services are the last Services we provide you, does not terminate this MSA. You acknowledge and agree that we require advance notice of your intent to terminate a Service Term, or this MSA, because of the long-term equipment and facilities commitments we are required to undertake in order to provide the Services to you.
We may terminate an individual Service, or this MSA immediately, if:
Either party may terminate a particular element of the Service if there is a force majeure event, as defined in this MSA, hat continues for more than thirty (30) calendar days, or the other party becomes the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization, liquidation or dissolution proceeding in bankruptcy or under any other insolvency law, makes an assignment for the benefit of creditors, or admits in writing its inability to pay debts when due.
Upon termination of this MSA, it is your responsibility to ensure that you configure technical aspects of your business, such as mail, WHOIS, and items outside of our control, to ensure that those items are directed away from us. We have no responsibility to maintain backups following termination (including as regards Hosted Personal Data), nor to forward email to another provider or to point DNS for your domain names away from us.
The Parties Own Their Intellectual Property. Each party retains the intellectual property owned by, or licensed to, them. To perform, and use, the Services the parties each grant to the other a limited license to use and distribute that intellectual property only as strictly necessary to provide or use the Service. Other than as set out in the prior sentence, or in this MSA, neither party grants to the other, and neither shall have, any right, title, claim or interest in, or to, the other party’s intellectual property, or that which is licensed to any party, nor will a party decompile, dissemble, or reverse engineer the other party’s intellectual property, or that which is licensed to a party. Notwithstanding the foregoing, if you provide any written ideas or feedback concerning any Services to us (“Customer Feedback”), you agree that we shall own the Customer Feedback including any ideas, inventions, discoveries, original works of authorship, findings, conclusions, concepts, and improvements in such Feedback.
We Stand Up for Each Other.
We agree to indemnify, defend and hold you, your employees, directors and officers (“Your Indemnified Parties”) from any and all third party actions, liability, damages, costs and expenses (including, but not limited to, those attorneys’ fees and expenses charged to us) arising from, or relating to, personal injury or property damage resulting solely from our gross negligence or willful misconduct. You waive and release all claims against Our Indemnified Parties (as defined in section b), and agree that Our Indemnified Parties shall not be liable for injury to person or damage to property sustained by Your Indemnified Parties caused by the Services, or otherwise relating to this MSA, except if such injury or damage results solely from our gross negligence or willful misconduct.
You agree to indemnify, defend and hold us, third parties who provide aspects of the service to us, contractors, subcontractors, affiliates, employees, directors and officers (“Our Indemnified Parties”) from any and all third party actions, liability, damages, costs and expenses (including, but not limited to, those attorneys’ fees and expenses charged to us) arising from, or relating to:
Each of Us Stands Behind this MSA.
Our Liability is Limited. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS MSA, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM BASED ON OUR PROVIDING THE SERVICES TO YOU FOR (I) LOST PROFITS; (II) LOSS OF BUSINESS; (III) LOSS OF REVENUES; (IV) LOSS OF DATA OR INTERRUPTION OR CORRUPTION OF DATA; (V) ANY CONSEQUENTIAL OR INDIRECT DAMAGES; OR (VI) ANY INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES (IF APPLICABLE). THIS LIMITATION APPLIES EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER TYPE OF DAMAGES OTHER THAN DIRECT DAMAGES. OUR MAXIMUM LIABILITY SHALL BE ONE (1) MONTH’S FEES (OR THE EQUIVALENT THEREOF) ACTUALLY RECEIVED BY US DURING THE MONTH PRIOR TO YOUR CLAIM. IF THIS DISCLAIMER IS PROHIBITED BY THE LAW GOVERNING THIS MSA, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT ALLOWED BY LAW. AS FURTHER LIMITATION, OUR MAXIMUM LIABILITY RELATING TO ANY SERVICE THAT HAS A NON-RECURRING CHARGE WILL EQUAL THE AMOUNT OF THE NON-RECURRING CHARGE FOR SUCH SERVICE ON THE OCCASION GIVING RISE TO THE CLAIM. OUR OBLIGATION TO INDEMNIFY YOU, WHICH IS SET OUT IN PARAGRAPH 10, IS NOT LIMITED BY THIS PARAGRAPH. TO THE EXTENT THE SERVICES CONTAIN SOFTWARE PROVIDED BY MICROSOFT, NEITHER MICROSOFT, NOR ITS SUPPLIERS SHALL BE SUBJECT TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE MICROSOFT PRODUCTS OR SOFTWARE.
We Each Agree to Keep Certain Information Confidential.
The term “Confidential Information” includes, but is not limited to, a party’s inventions, trade secrets, Customer information, business plans, designs, programs, product or marketing data, Customer lists and histories, sources of supply, production plans, financial statements, pricing data, test results, business strategies, manuals, materials, systems, financial information, non-public methods, processes and techniques, this MSA (other than the Privacy Policy and AUP), any information marked “Confidential,” and all other non-public business and technical information, whether related to past, present or future products and services.
Each of the parties agree that if one party (“Disclosing Party”) provides Confidential Information to the other party (“Receiving Party”), that Confidential Information shall be held in confidence, and the Receiving Party shall give the Confidential Information the same care and protection as it gives generally to its own confidential and proprietary information, but no less than reasonable care, in order to avoid disclosure to, or unauthorized use by, any third party. All Confidential Information, unless otherwise specified in writing, shall remain the property of the Disclosing Party, and shall be used by the Receiving Party only for its intended purpose. All Confidential Information, including all copies of it, shall be either returned to the Disclosing Party or destroyed after the Receiving Party’s need for it has expired, or upon the request of the Disclosing Party, each at the option of the Disclosing Party. The provisions of this paragraph shall not apply to any Confidential Information which:
If any Confidential Information is required to be disclosed based on this paragraph, the party required to make such a disclosure shall, where legally permitted, immediately inform the other party of the requirements of such a disclosure to enable the Disclosing Party to take protective measures to preserve the confidentiality of such Confidential Information as fully as possible in the context of such a permitted disclosure. It is not a violation of this paragraph for a party to disclose Confidential Information to its employees or agents, its legal, financial and accounting advisors, and to its lenders which need to know that Confidential Information, provided that the Disclosing Party notifies any recipient of its confidential and proprietary nature.
Data Protection
“Data Protection Legislation” means all applicable laws relating to data protection and privacy including (without limitation) the EU General Data Protection Regulation (2016/679) and any implementing national laws, the EU Privacy and Electronic Communications Directive 2002/58/EC as implemented in each jurisdiction, and any amending or replacement legislation from time to time.
You are the data controller and we are the data processor in respect of any personal data submitted via and processed by the Services under this MSA (“Hosted Personal Data”).
You warrant, undertake and agree to comply with your obligations under Data Protection Legislation in respect of the Hosted Personal Data, and ensure that your instructions to us in respect of the Hosted Personal Data are lawful.
We will:
You agree that we may subcontract the processing of the Hosted Personal Data to any of our associated companies and/or any sub-contractor (a “Sub-processor”). We will ensure Sub-processors are subject to contractual obligations which provide the same standard of protection for Hosted Personal Data as those imposed on us under these Terms. We will inform you of any intended changes concerning the addition or replacement of any Sub-processor within a reasonable time prior to implementation of such change. In the event you object to such change, you shall be entitled to terminate this MSA on 30 days’ notice as your sole and exclusive remedy. We will be responsible for the performance of our Sub-processors.
You agree that Hosted Personal Data may be processed by us and our Sub-processors outside the European Economic Area in order to carry out the Services and our other obligations under this MSA, in accordance with our Privacy Shield certification (see section 4 for further information on our Privacy Shield certification).
The Hosted Personal Data processing activities carried out by us under this MSA may be described as follows:
We Take Security Seriously. We implement and maintain technical and organisational security measures to safeguard the Hosted Personal Data from unauthorized or unlawful processing or accidental loss, damage or destruction. However, many of the resources associated with the Services are co-managed with you. You are solely responsible for the security of those aspects of the Services that are co-managed, and you agree to manage them in a way that does not impact the security of our network as a whole. The Services are configured for standard deployment. This configuration may not meet your security needs. It is your responsibility to configure the Services to meet your Security needs. We are not responsible for the manner in which you customize the configuration to suit your needs or its results. Should we determine that there has been unauthorized access to the Services (“Breach”), we may consult with a professional security agency to determine our best course of action and if advised, we agree to notify you in writing as soon as we have determined our course of action with regard to a breach (“Breach Notification”). We may take action, including suspending all, or part of the Services, to isolate and mitigate the cause of a Breach. We have no liability to you for the effects of that suspension. The Breach Notification may contain preliminary and unconfirmed information; however, it is provided to you to assist in your efforts to mitigate the effects of a Breach. To the extent you rely on a Breach Notification, you do so at your own risk. We each agree to reasonably cooperate with each other to investigate the facts and circumstances involved in a Breach. To the extent our cooperation requires us to devote time and resources above and beyond those extended by us in conjunction with a typical Breach investigation, or should we be asked to cooperate with a governmental investigation, you will be billed at our standard consulting Fees. Any information we provide to you in conjunction with a Breach, including the Breach Notification, shall be our Confidential Information.
Compliance with Laws. Each party agrees that it will obtain and maintain all permits, licenses or certificates that are required by any regulatory body for the provision or use of the Services. Each party will comply with all applicable laws in performing its obligations, and exercising its rights under this MSA. Unless specifically set out in your Order Form, we do not warrant, nor have we represented to you that the Services meet any particular industry standard.
We own the IP addresses used by the Services. Upon termination, they must be relinquished by you. The Services will have either a shared or dedicated IP address. We cannot guarantee this IP address will never change. We make a reasonable effort to avoid IP address changes but due to many factors, including network configuration changes, you will be given advance e-mail notification of such a change.
General Provisions.
We will use your name and email address to send newsletters on occasion to you. These newsletters may include information on promotions, services, and the company. Out of respect for your privacy, we provide you a way to unsubscribe in each promotional email. You may opt-out of these communications by clicking the unsubscribe link provided. We will send you strictly service-related announcements on occasion when it is necessary to do so; for example, if there is network maintenance you will receive an email.
Neither you, nor any End Users, may remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Services or products used to provide the Services. We, or an entity acting on our behalf, will provide the support, if any, expressly set out in this MSA for products and software licensed by Microsoft. Any license provided to you is provided with “Restricted Rights” applicable to private and public licensees, including restrictions on use, duplication or disclosure by the U.S. Government as set forth in this MSA and as provided in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
This MSA will be construed and controlled by the laws of the State of Utah, and each party consents to exclusive jurisdiction and venue in the federal courts sitting in Salt Lake City, Utah, unless no federal subject matter jurisdiction exists, in which case the parties consent to exclusive jurisdiction and venue in state courts in Logan, Utah. The parties waive all defenses of lack of personal jurisdiction and forum non-conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. In any action or suit to enforce any right or remedy under this MSA or to interpret any provisions of this MSA, the prevailing party will be entitled to recover its reasonable attorneys’ fees, costs and other expenses.
This MSA may only be amended in writing upon agreement of the parties. However, the AUP may be amended as provided in this MSA.
The fact that one party fails to exercise, partially exercises, or delays exercising a right, remedy or power available to it in this MSA is not a waiver or preclusion of a right to do so in the future. The waiver by a party of time for performance, or extension of the time to do so, shall not constitute a waiver of the act or condition itself.
Either party may assign this MSA to an affiliate if the original signatory to the MSA remains fully responsible for the rights and obligations of the affiliate. Otherwise, you may only assign this MSA with our written consent. However, the Services may be performed by our corporate subsidiaries, its agents or subcontractors, without your consent. Any other attempt to assign, without written consent, shall be null and void. This MSA shall be binding upon and inure to either party’s benefit and their respective successors and permitted assigns.
Should a particular provision be held to be illegal or unenforceable in any jurisdiction, that provision shall be effective to the extent of such illegality or unenforceability, without invalidating the remaining provisions, and the provision at issue shall be restated to reflect the original intentions of the parties, to the greatest extent possible, and in accordance with the law. Section, paragraph and other titles are for ease of reference only, and they are not considered to be part of this MSA.
This MSA, together with all documents incorporated by reference, states the entire agreement between the parties. Except for pre-existing obligations of confidentiality, non-disclosure and non-competition, with respect to the subject of this MSA, it supersedes all previous proposals, negotiations and other written or oral communications between the parties.
This MSA is the result of negotiations between equally situated parties. Each party has had the ability to protect their legal and other interests, and have had, and do have, a full and complete opportunity to review, analyze, evaluate, negotiate, edit and draft the terms of this MSA. Accordingly, this MSA shall not be strictly construed or enforced against any party, and any ambiguity in any term or condition contained in this MSA shall not be interpreted in favor of one party and against another party, based upon any rule of construction whose premise is draftsmanship of this MSA or up on the relative bargaining position of the parties.
If there is a conflict between the terms of this MSA, Order Form and AUP, they shall have the following precedence: AUP, Order Form and MSA.
The parties are independent contractors. Unless in the Order Form the Customer specifically grants us the right to enter into contracts on its behalf, neither party shall have the right to enter into contracts on the other’s behalf. Under no circumstances will either party have the authority to make any representations, claims or warranties of any kind on behalf of the other party, its affiliates, agents, subcontractors, licensors or third-party suppliers.
If the Customer is based in the state of California, it is advised that, if applicable under California Civil Code Section 1789.3, it may initiate a complaint about the Service through our trouble ticket system, or as set out in the applicable SLA. If the Customer is not satisfied with the resolution provided by us, the Customer may contact us, in writing, at the address set out in paragraph 17(o), and the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 N. Street #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254. The charges for the Services are set out in the applicable Order Form. This paragraph shall not change, alter or indicate a waiver of the party’s choice of jurisdiction and venue set out in paragraph 17(c).
The rights and obligations of the parties set out in this MSA that would by their nature or context be intended to survive the expiration or termination of this MSA, shall survive. In particular, but without limiting the preceding sentence, the parties’ rights and obligations under the following sections of this MSA shall survive: 3, 5, 8, 9, 11(c), 12, 13, 14, 17 (c), (f), (g), (h), (i), (j), (m), (o), and 19 (g).
Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including without limitation, acts of God, telecommunications interruptions, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by the Force Majeure shall notify the other party as soon as possible, but in no event less than ten (10) days from the beginning of the Force Majeure event.
Notices regarding our SLA and AUP shall be provided to the addresses set out in those documents. All other notices that are required, permitted or necessary under this MSA must be in writing, and they are deemed to have been received on the earlier of:
If to us:
Hosting Services Inc.
Legal - Re: MSA
517 W. 100 N. Suite 225
Providence, UT 84332
Notwithstanding anything to the contrary herein, we shall be entitled to assign the MSA to any third party in the event of a merger, acquisition, disposal, divestment, reorganisation and anything analogous thereto (whether by way of shares, assets or otherwise).
These Paragraphs Apply Only to Dedicated Server Customers. If your Order Form states that the Services included “Dedicated Servers,” the following paragraphs apply to those Services described as Dedicated Servers, and only to those Services. Should any of these paragraphs differ from prior paragraphs, these paragraphs shall prevail:
These Paragraphs Apply Only to Managed Services Customers. If your Order Form states that the Services included “Managed Services,” the following paragraphs apply to those Services described as Managed Servers, and only to those Services. Should any of these paragraphs differ from prior paragraphs, these paragraphs shall prevail:
For Managed Services, the Service refers to the operation and maintenance of the infrastructure used to provide the Services, including equipment, programming, data files, software, services and resources, as set out in the Order Form.
We agree to monitor the network, physical infrastructure, servers and applications on a 24x7x365 basis. You acknowledge and agree that:
The support you are eligible to receive is determined by the plan you select on the Order Form. The support included in each plan is set out on the Order Form. The amount and type of support may be changed at any time without notice. While we strive to provide the highest level of support for the Services, you are ultimately responsible for the final result and condition of the Services.
Your acceptance of this MSA authorizes us to log in and access your server as necessary for installing and configuring the Managed Services, for general server maintenance, and for other purposes reasonably required by us to provide the Managed Services to you.
Software Patches: We will monitor and install any third-party software that is in a stable branch of a repository base package system (“Patch”). These Patch installations shall be completed within thirty (30) calendar days of the software release, or as requested by you if you decline scheduled patches.
Firewall Settings: We will select all your initial firewall settings for Managed Services. You may request changes to your initial firewall settings by submitting a ticket. If approved, your initial firewall settings will be changed within one (1) business day after our receipt of your ticket.
If the Managed Services include backup services, we will use reasonable efforts to comply with your backup preferences (“Backup Services”). If you purchase off-the-shelf Backup Services, we have designed those Backup Services in a general manner. It is your responsibility to configure them to serve your unique needs. If you purchase custom Backup Services, we will rely on your instructions to configure those Backup Services. You agree to release us from liability should these instructions be incomplete, or fail to provide us with sufficient information to configure custom Backup Services that may have captured particular data.
You agree to provide us any material that is necessary for us to configure, and if set out in the Order Form, customize the Service (“Managed Services Material”). The Managed Services Material must be provided to us in a server ready manner, capable of being placed on the Services without more than an administrative effort on our part.
Our unlimited shared hosting is designed to meet the needs of most small businesses and personal websites; it is not designed to meet the needs of large businesses or client services that fall outside the average usage pattern for shared hosting and may be better suited for hosting plans that provide expanded features. Accounts with a large number of files (inode counts in excess of 200,000), databases exceeding 5GB in size or a cumulative size of all databases in excess of 10GB can have a significant impact on server performance. We reserve the right to request that the number of inodes (files and directories) and/or database sizes be reduced to help ensure server performance. Failure to comply with these requests may result in termination of your account. If your use of the Services exceeds either:
If you exceed the data transfer limit of your account you will be notified by us to resolve the situation and be given options for upgrading your account. E-mail warning notices will be sent upon approaching your limit. Once the limit is reached, data transfer will be stopped.
These Paragraphs Apply Only to Cloud Services. If your Order Form states that the Services included “Cloud Services,” the following paragraphs apply to those Services described as Cloud Services, and only to those Services. Should any of these paragraphs differ from prior paragraphs, these paragraphs shall prevail:
These Paragraphs Apply Only to Domain Name Services. If your Order Form states that the Services included “Domain Name Services” or “Domain Name Registration,” the following paragraphs apply to those Services described as Domain Services, and only to those Services. Should any of these paragraphs differ from prior paragraphs, these paragraphs shall prevail:
The Domain Services will be provided to you through our third-party vendors, [ENOM] (“Domain Name Vendor”). By purchasing domain name services through us, you are bound by the Domain Name Vendor terms and conditions, which can be found at http://www.enom.com/terms/ and are hereby incorporated into this MSA. We strongly encourage you to review the Domain Name Vendor terms and conditions prior to your purchase of the Domain Services.
You understand and agree that your domain name is not actually registered until you receive a registration confirmation from us. We have no liability for the failure of a domain name to register during the registration process.
It is your responsibility to maintain, secure, update and keep strictly confidential all domain name, login IDs and passwords.
You must provide certain current, complete and accurate account and WHOIS information for your domain name(s). You must maintain and update this information as needed to keep it current, complete and accurate. You understand that WHOIS information is not subject to our Privacy Policy. It is important to know that you may receive verification emails from domain name registrars to which you are required to respond. It is your obligation to include in your domain name registration information contact details that are regularly monitored.
Only you, and not us or Domain Name Vendor, are responsible for determining whether the domain name(s) you select, or the use you or others make of the domain name(s), infringes the legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use or allow others to use infringe the legal rights of others.
The Domain Name Vendor may reject your domain name application, or discontinue providing Domain Services to you, for any reason within thirty (30) calendar days of a Domain Service initiation or renewal. Outside of this period, Domain Name Vendor may terminate or suspend the domain name at any time for cause, which without limitation, includes:
Either the Domain Name Vendor or we will notify you when renewal fees are due. It is your responsibility to keep current payment details on file with us. We have no liability should your domain name registration lapse because either we, or our partners, are unable to process your payment information.
The Domain Name Vendor owns all database, compilation, collective and similar rights, title and interests worldwide in its domain name database, and all information and derivative works generated from the domain name database.
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 DOMAIN SERVICES, INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL OTHERWISE SUBJECT DOMAIN NAME VENDOR OR US TO A LEGAL CLAIM. THE DOMAIN SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST 18 YEARS OLD, AND BY USING THE DOMAIN SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE DOMAIN SERVICES IS ACCURATE. ALL DOMAIN SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS.
You agree to be bound by the domain name transfer agreement located here: https://archive.icann.org/en/transfers/policy-12jul04.htm
Unless this MSA contains another dispute resolution policy, you agree to be bound by the ICANN Uniform Dispute Resolution Policy here: http://www.icann.org/dndr/udrp/policy.htm
Only the owner may transfer a domain name or respond to a transfer request. You must unlock your domain prior to requesting a transfer. You must secure an EPP Authorization Code in order to transfer domains to an EPP registry.
These Paragraphs Apply Only to Managed Security Clean-up Services and are subject always to the terms of the MSA. If your Order Form states that the Services include “Managed Security Clean-up Services,” the following paragraphs shall apply, unless contrary to the prior paragraphs in this MSA.
“Managed Security Clean-up Services” refers to the management of the various aspects of an account from a security perspective.
Once you purchase the Managed Security Clean-up Services, we will:
The Managed Security Clean-up Services will not cover the following:
Before you purchase the Managed Security Clean-up Services, you must:
Once you have purchased the Managed Security Clean-up Services, you must:
After the Managed Security Clean-up Service is complete, we recommend that you independently take appropriate steps to maintain the security of your account. You specifically confirm that you understand that we are not responsible for the continued security of your Application following completion of the Managed Security Clean-up Service.
If you purchase Managed Security Clean-up Services from us, they are provided on an as-is and as-available basis, as a supplement to, and not in lieu of, your own efforts to ensure the security of your account. Whilst we will use commercially reasonable efforts to ensure the effective operation of the Managed Security Clean-up Services, you expressly agree that no application software program or service is error-free or fail-safe. In the event of an interruption or failure of the Managed Security Clean-up Services, our only obligation is to restore your account to operating condition.
IN NO EVENT WILL WE BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING A CLAIM BASED ON OUR PROVIDING THE SERVICES TO YOU) FOR LOSS OF DATA OR INTERRUPTION OR CORRUPTION OF DATA.
These Paragraphs Apply Only to Migration Support and are subject always to the terms of the Service Agreement. If we have agreed to provide Migration Support to you, the following paragraphs shall apply, unless contrary to the prior paragraphs in this Service Agreement.
Before we commence Migration Support you must:
Before we commence Migration Support it is recommended that you:
In connection with the provision of Migration Support, you:
Whilst we will use commercially reasonable efforts to ensure the effective operation of your website or application during and after Migration Support, you expressly agree that no application software program or service is error-free or fail-safe. In the event of an interruption or failure due to the Migration Support, our only obligation is to restore your account to operating condition.
By using Hosting Services, Inc. you agree to the above terms of service.
Last Updated: 06/06/25