Legal

Terms and Policies
Reporting Abuse

For complaints regarding abuse of our hosting services or your Elastihost account that are related to our Terms, please send an e-mail to abuse@elastihost.com.

Be as detailed as possible when explaining the problem!

General Acceptable Use Policy

PROHIBITED CONTENT AND ACTIVITIES

The following statements pertain to all products and services offered by Elastihost.

Illegal Activity

Customer may only use Elastihost Web Hosting’s Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright or an appropriate license) on Elastihost Web Hosting’s Server. Also, using Elastihost’s servers or network to conspire to commit or support the commission of illegal activities is forbidden as well.

Hacking

Websites dedicated to the discussion of hacking activities or the distribution of hacking tools are prohibited. Also, the usage of Elastihost’s computer systems or network to access any system, service, or network without the owner’s consent is expressly forbidden.

Service Interruptions

Any activity which causes service interruptions to either Elastihost’s network/servers or any outside network. This includes, but is not limited to, the execution of Denial of Service attacks or other maliciously configured software.

Anonymous Proxies

Anonymous proxies are easily abused and often cause a negative impact on both the servers and the network they are connected to. As such, they’re prohibited on Elastihost’s network and servers.

Spamming

Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Elastihost Web Hosting’s Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Elastihost. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund. More details about our anti-spam policy can be found on this page.

Personal Information Harvesting

Collecting or using email addresses, screen names or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).

Blacklisting

You agree that if the Elastihost IP numbers assigned to your account are listed on an abuse database or blacklist like Spamhaus, you will be in violation of this AUP, and Elastihost may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.

Investment sites

FOREX, egold exchange, etc.

Spoofing/Impersonation

Usage of the Elastihost network to impersonate another person or entity, be it through Email, Internet Forums, or any other means, is strictly prohibited. This includes spoofing email or network packet headers whether or not it is done for malicious purposes.

Spamdexing

Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called “Scraper sites.” These can all have a severely detrimental effect on server performance and are not permitted.

Any conduct that is likely to result in retaliation against Elastihost’s network or website, or Elastihost’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).

Personal Backups

With the exception of Elastihost Dedicated Server and Cloud Storage products, the customer agrees to make use of Elastihost Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose.

Elastihost Web Hosting services are not intended to be used for data backup or archiving purposes. For example, you are not allowed to import or store personal mail archives. Forwarding all emails from another fully-hosted email address for archival purposes is no longer allowed. Further, mail accounts cannot be used for file storage, such as for security cameras, storage of emails used to transfer files, etc.

NOTE: We reserve the right to delete your mail archives if they get out of hand!

We also reserve the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of $1 per additional 10GB.

Shared Hosting Addendum

The following statements pertain exclusively to shared web hosting products and services offered by Elastihost.

PROHIBITED CONTENT AND ACTIVITIES

Adult Thumbnail Galleries/Banner Exchanges

You agree not to run a banner exchange, free adult tgp (thumbnail gallery post), or free adult image galleries on your website.

Abusive Scripts/Processes

Any script/process/etc that adversely affects the ability of any other customer to satisfactorily use their provided services is forbidden. This includes, but is not limited to, CPU-intensive CGI/PHP scripts and websites for which the scale of traffic has exceeded the acceptable limits of a shared hosting environment.

IRC Bots/Bouncers

All IRC bots and “bouncers” (bnc, etc) are forbidden.

BitTorrent software

While we recognize the value in the BitTorrent protocol as a distribution method, it is far too easily (and often accidentally) abused/misused and therefore not allowed on Elastihost Shared Hosting services.

Proxy Software

All proxy software, anonymous or otherwise, is forbidden on Elastihost Shared Hosting services.

Network Daemons

Any process that opens a network socket to accept connections from external networks is forbidden. Processes are allowed to bind to the local host only, but are held to the limitations placed on all other processes. They must not use up more than their fair share of resources and they must not interfere with any other customers’ activities.

Anti-Spam Policy

In the past several years, the Internet has exploded with commercial activity. The breaking down of barriers between businesses and consumers has been facilitated by the rapid development of new technology, removal of ‘middlemen’, and tax rates favorable to online entrepreneurship.

We at Elastihost are proud to support responsible commerce on the Internet – this is represented in our service offerings and unparalleled support. However, it has become apparent that the same environment that has helped this trend take off has also contributed to numerous cases of fraud and abuse of network resources.

In particular, “spam” has proven to be a major problem for many of our customers and the Internet at large. Spam is a common slang term referring to the sending of unsolicited email, instant messaging, or other communication to a large group of people at once. Variations on this practice include off topic (and usually promotional) messages on bulletin boards, guestbooks, Usenet newsgroups, or chat rooms.

Spam is strictly against our Terms of Service, and will result in the immediate disablement without refund of any customers who are found to have used spam in conjunction with their Elastihost account.

The following policy dictates in specific terms what is considered acceptable use of bulk email/messaging by Elastihost:

Subscriptions

Mailing list subscribers must specifically opt-into the list they are subscribed to. This applies to both new subscriptions and the bulk addition of addresses already subscribed via other means. Confirmation is handled using a single confirmation message sent to the subscriber’s email address. This mailing must contain a URL to the site’s privacy policy, a brief description of the mailing list, and a URL that the user must follow to confirm the subscription.

Mailing list subscriber information must include the date and time that the subscription was confirmed, as well as the IP address of the subscriber at the time of the confirmation. The user must be able to present this information at Elastihost’s request.

The nature of email address use must be fully disclosed, either on the page the subscription is made from or with a prominent link to the site’s Privacy Policy. It must be made reasonably clear how a user’s email address will be used and in what circumstances it will be shared.

Lists cannot be procured from outside parties unless the email sender has procured a list from an organization that sells or otherwise shares email distribution lists, and all of the following conditions are met:

  • The selling organization maintains a publicly viewable privacy policy disclosing that such sales may occur.
  • The privacy policy is prominently linked to from the page the subscriber signed up from.
  • The privacy policy has not changed substantially since the user signed up.
  • Records are kept of the date, time, IP address, and form location where the subscribing user signed up from.
  • Lists procured from outside parties must have been consistently handled in a manner comparable to Elastihost policies.
  • Users cannot populate lists with addresses obtained for a substantially different purpose than was originally disclosed to the user.
  • All subscriptions must be re-confirmed in the manner described in Subscriptions (Section 1) before being sent bulk email messages.

Mailing Practices

Users must not modify the headers of any message in such a way that purposefully obfuscates the origin of the message.

Undeliverable addresses must be removed from all future mailings after no more than 5 bounces.

Users are responsible for the practices of any affiliate program members they solicit the help of, as if they were hiring an outside advertising agency.

Users using either outside advertising companies or 3rd party mailing programs must abide by the same policies and practices as those using Elastihost’s own bulk mailing list tools.

All mailings must provide clear and simple to follow instructions for opting-out of future mailings, and all reasonable attempts must be made to facilitate the removal of a mailing list subscriber at their request.

The user is advised and acknowledges that Elastihost’s electronic mail service equipment is located in California. In no event shall the user use Elastihost’s equipment in violation of California’s anti-spam laws including California Business & Professions Code sections 17538.4 and 17538.45.

Spamware

It is strictly prohibited in conjunction with your Elastihost account to sell software designed specifically to facilitate the practice of spamming.

Other

Predominately promotional messages must not be posted to bulletin boards, discussion forums, guestbooks, Usenet newsgroups, or any other similar service unless the operator of that service explicitly allows such messages. In the case of Usenet newsgroups, such messages must be specifically allowed in that group’s charter.

Disablement

Elastihost reserves the right to disable any account at any time should it feel there is a reasonable suspicion that it is being used in conjunction with the practice of spamming.

Customers must substantially address all spam related inquiries by Elastihost personnel within 72 hours. Failure to respond within a reasonable period of time may result in the disablement of the user’s account.

By following these guidelines and respecting the privacy of your visitors, you can gain much from the responsible practice of commerce online. Of course, should you have any questions regarding the proper way to use bulk email with your web site, please contact us for more information.

Dedicated Compute

All of the terms and restrictions mentioned above also apply to any Dedicated Compute account and its respective uses.

Customer EU Data Processing Addendum

Last Updated:

July 7th, 2020.

This Data Processing Addendum (“DPA“), dated as of July 7, 2020 (the “Effective Date“), is made to and a part of the general contract and relationship under the Terms of Service (and any and all other agreements governing our Services) as amended and supplemented from time to time (the “Agreement“), by and between you (“Customer“) and Elastihost (“Company“). All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement.

Definitions

  • Affiliate” means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.
  • Agreement” has the meaning set forth in the introductory section
  • Control” means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term “Controlled” will be construed accordingly.
  • Controller” means an entity that determines the purposes and means of the processing of Personal Data.
  • Customer Data” means any Personal Data that Company Processes on behalf of Customer in the course of providing Services.
  • Data Protection Laws” means all effective data protection and privacy laws applicable to the Processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.
  • EU Data Protection Law” means (i) prior to May 25, 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data (“Directive“); (ii) on and after May 25, 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation, or “GDPR“).
  • EEA” means, for the purposes of this DPA, the European Economic Area, United Kingdom and Switzerland.
  • Model Clauses” means the Standard Contractual Clauses for Processors as approved by the European Commission in the form set out in Schedule B.
  • Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed.
  • Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. “Process“, “Processes” and “Processed” will be construed accordingly.
  • Processor” means an entity that processes Personal Data on behalf of a Controller.
  • Services” means any product or service provided by Company to Customer pursuant to the Agreement.
  • Sub-processor” means a third party engaged by Company to assist in fulfilling its obligations with respect to providing the Services pursuant to the Agreement or this DPA.

1. Scope of this DPA

This DPA applies where and only to the extent that Company Processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing Services to the Customer pursuant to the Agreement.

2. Roles and Scope of Processing

Role of the Parties. As between Company and Customer, Customer is the Controller of Customer Data, and Company shall Process Customer Data only as a Processor acting on behalf of Customer.

Customer Processing of Customer Data. Customer agrees that (i) it will comply with its obligations as a Controller under Data Protection Laws in respect of its Processing of Customer Data and any Processing instructions it issues to Company; and (ii) it has provided notice and obtained (or will obtain) all consents and rights necessary under Data Protection Laws for Company to Process Customer Data pursuant to the Agreement and this DPA.

Company Processing of Customer Data. Company will Process Customer Data only for the purposes described in this DPA and only in accordance with Customer’s documented lawful instructions. The parties agree that this DPA and the Agreement set out the Customer’s complete and final instructions to Company in relation to the Processing of Customer Data and Processing outside the scope of these instructions (if any) will require prior written agreement between Customer and Company.

Details of Processing

  1. Subject matter: The subject matter of the Processing under this DPA is the Customer Data.
  2. Duration: As between Company and Customer, the duration of the Processing under this DPA is until the termination of the Agreement in accordance with its terms.
  3. Purpose and Nature: The purpose and nature of the Processing under this DPA is the provision of the Services to the Customer and the performance of Company’s obligations under the Agreement (including this DPA) or as otherwise agreed by the parties.
  4. Categories of Data SubjectsCustomer may upload Personal Data while utilizing the Services, the extent to which may be determined and controlled by Customer. This may include, but is not limited to:
    1. Customer’s prospects, customers, business partners, vendors, or third parties (who are natural persons);
    2. Customer’s employees, agents, advisors, third parties, and freelancers
    3. Employees or affiliated persons of (1) above
    4. Customer’s authorized users of the Services
  5. Types of Personal Data: Customer may upload Personal Data while utilizing the Services, the extent to which may be determined and controlled by Customer. This may include, but is not limited to, the following categories:

Name, Address, Phone number, Date of Birth, Email, and other data that may directly or indirectly identify Customer.

Exceptions. Notwithstanding anything to the contrary in the Agreement (including this DPA), the Customer acknowledges that Company shall have a right to use and disclose data relating to the operation, support and/or use of the Services for its legitimate business purposes such as billing, account management, technical support, product development and sales and marketing. To the extent any such data used solely for Company’s business purposes is considered Personal Data under Data Protection Laws, Company is the Controller of such data and accordingly warrants that it shall process such data in accordance with the Company Privacy Policy and Data Protection Laws.

3. Sub-processing

Authorized Sub-processors. Customer agrees that Company may engage Sub-processors to process Customer Data on Customer’s behalf. The Sub-processors currently engaged by Company and authorized by Customer can be accessed in the Elastihost Control Panel on the “Billing & Account” tab, under the “Privacy Settings” subtab.

Sub-processor Obligations. Company will: (i) enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Customer Data to the standard required by Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause Company to breach any of its obligations under this DPA.

Changes to Sub-processors. Company shall provide updates to the list of authorized Sub-processors in the customer Panel page. The page will reflect the “last updated” date at all times, and Customer will receive email notifications of changes. If Customer does not approve of a new Sub-processor after receiving notice of such addition, then Customer may terminate the Services via written notice that includes an explanation of why Customer does not approve of the new Sub-processor.

4. Security

Updates to Security Measures. Customer is responsible for reviewing the information made available by Company relating to data security and making an independent determination as to whether the Services meet Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and development and that Company may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by the Customer.

Personnel. Company will ensure that any person who is authorized by Company to Process Customer Data (including its staff, agents and authorized Sub-processors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty). Further, Company shall take steps to ensure that any person who is authorized by Company to have access to Customer Data does not Process such data except on instructions from Customer, unless such person is required to Process such data by applicable EU Data Protection Law.

Customer Responsibilities Notwithstanding the above, Customer agrees that except as provided by this DPA, Customer is responsible for its secure use of the Services.

Personal Data Breach Response. Upon becoming aware of a Personal Data Breach, Company shall notify Customer without undue delay and will provide timely information relating to the Personal Data Breach as it becomes known or as is reasonably requested by Customer. Company shall promptly take reasonable steps to mitigate and, where possible, to remedy the effects of, any Personal Data Breach.

5. Audit Reports

Customer acknowledges that Company is regularly audited for compliance with this DPA and Company’s security standards. Upon reasonable written request mailed to Company’s address as shown in the Privacy Policy, Company shall supply a summary audit report (“Report“) to Customer, which Report shall be subject to the confidentiality provisions of any non-disclosure agreement provided by Company for Customer’s execution in connection with the Report. Company shall also respond to any commercially reasonable written audit questions submitted to it by Customer provided that Customer shall not exercise this right more often than once per twelve (12) months.

6. International Transfers

Data Center Locations. Company may transfer and Process Customer Data anywhere in the world where Company, its Affiliates or its Sub-processors maintain Processing operations. Company will at all times provide an adequate level of protection for the Customer Data Processed, in accordance with the requirements of Data Protection Laws.

Model Clauses. To the extent that Company processes any Customer Data protected by EU Data Protection Law under the Agreement and/or that originates from the EEA, in a country that has not been designated by the European Commission or Swiss Federal Data Protection Authority (as applicable) as providing an adequate level of protection for Personal Data, the parties acknowledge that Company shall be deemed to provide adequate protection (within the meaning of EU Data Protection Law) for any such Customer Data by complying with the Model Clauses. Company agrees that it is a “data importer” and Customer is the “data exporter” under the Model Clauses (notwithstanding that Customer is an entity located outside of the EEA).

7. Return or Deletion of Data

Upon termination or expiration of the Agreement, Company shall (at Customer’s election) return or to the fullest extent technically feasible delete all Customer Data in its possession or control. This requirement shall not apply to the extent Company is required by applicable law to retain some or all of the Customer Data, or to Customer Data it has archived on back-up systems, which Customer Data Company shall securely isolate and protect from any further Processing, except to the extent required by applicable law.

8. Cooperation

The Services may provide Customer with a number of controls that Customer may use to retrieve, correct, delete or restrict Customer Data, which Customer may use to assist it in connection with its obligations under the GDPR, including its obligations relating to responding to requests from data subjects or applicable data protection authorities. To the extent that Customer is unable to independently access the relevant Customer Data within the Services, Company shall (at Customer’s expense) provide reasonable cooperation to assist Customer to respond to any requests from individuals or applicable data protection authorities relating to the Processing of Personal Data under the Agreement. In the event that any such request is made directly to Company, Company shall not respond to such communication directly without Customer’s prior authorization, unless legally compelled to do so. If Company is required to respond to such a request, Company will promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.

Company will not disclose Customer Data to any government or third party except as necessary to disclose such information with a valid and binding order from a law enforcement agency. If compelled to disclose Customer Data to a law enforcement agency, then Company will give Customer reasonable notice of the demand to allow Customer to seek a protective order or other appropriate remedy unless Company is legally prohibited from doing so.

To the extent Company is required under EU Data Protection Law, Company shall (at Customer’s expense) provide reasonably requested information regarding the Services to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by law.

9. General

Any claims brought under or in connection with this DPA shall be subject to Company’s general terms (including the Terms of Service) as updated on the Legal webpage, including but not limited to, the exclusions and limitations set forth in the Agreement. Any claims against Company or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual’s data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by Company in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce Company’s liability under the Agreement as if it were liability to the Customer under the Agreement.

No one other than a party to this DPA, their successors and permitted assignees shall have any right to enforce any of its terms.

This DPA will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

The parties agree that this DPA shall replace any existing DPA (including the Model Clauses (as applicable)) the parties may have previously entered into in connection with the Services.

This DPA and the Model Clauses will terminate simultaneously and automatically with the termination or expiration of the Agreement; provided, however, provisions requiring secure destruction of Personal Data and retention of Personal Data to satisfy legal or regulatory requirements shall survive the termination or expiration of the DPA for the minimum time required to satisfy the respective obligations under those provisions.

Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.

The Schedules to this DPA are incorporated in this DPA by this reference. If there is any conflict between this DPA and any Schedules to this DPA, the terms of this DPA shall prevail to the extent of that conflict.

The provisions of this DPA are severable. If any phrase, clause or provision is invalid or unenforceable in whole or in part, such invalidity or unenforceability shall affect only such phrase, clause or provision, and the rest of this DPA shall remain in full force and effect.

Schedule A

Information Security

The following items are considered the minimum security requirements for the protection of Customer Data:

  • Appointment of one or more officers responsible for coordinating and monitoring the information technology rules and procedures.
  • Documented policy and procedures governing employee and vendor use of the information technology system.
  • Process to identify and respond to suspected or known security incidents.
  • Internally, data at rest is secured by roles or group permissions and audited periodically to make sure that people only have access to data that they need to do their jobs and that terminated users accounts are disabled.
  • Servers are patched in a timely fashion to make sure that the latest security updates are applied.
  • Transport Layer Security (TLS) is used wherever applicable for both web and email traffic. Email is also filtered and scanned multiple times coming in.
  • Virtual Private Networks (VPNs) are used to encrypt traffic between all of our locations.
  • External users also use encrypted VPN connectivity to gain access to internal resources and this is granted on a per-user basis.
  • All stored passwords are encrypted.
  • Data is synchronized between its primary and backup location daily
  • Third party auditors conduct IT audits annually and review policies and procedures.

Schedule B – Model Clauses

Commission Decision C(2010)593
Standard Contractual Clauses (processors)

For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection

The entity identified as “Customer” in the DPA
(the “data exporter“)

and

Elastihost
(the “data importer“)

each a “party”; together “the parties”,

HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

Clause 1

Definitions

For the purposes of the Clauses:

  1. personal data‘, ‘special categories of data‘, ‘process/processing‘, ‘controller‘, ‘processor‘, ‘data subject‘ and ‘supervisory authority‘ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
  2. the data exporter‘ means the controller who transfers the personal data;
  3. the data importer‘ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;
  4. the subprocessor‘ means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to receive from the data importer or from any other subprocessor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;
  5. the applicable data protection law‘ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;
  6. technical and organisational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

Clause 2

Details of the Transfer

The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.

Clause 3

Third-party beneficiary clause

  1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.
  2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
  3. The data subject can enforce against the subprocessor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.
  4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.

Clause 4

Obligations of the data exporter

The data exporter agrees and warrants:

  1. that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;
  2. that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;
  3. that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;
  4. that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;
  5. that it will ensure compliance with the security measures;
  6. that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;
  7. to forward any notification received from the data importer or any subprocessor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;
  8. to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for subprocessing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;
  9. that, in the event of subprocessing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and
  10. that it will ensure compliance with Clause 4(a) to (i).

Clause 5

Obligations of the data importer

The data importer agrees and warrants:

  1. to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
  2. that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
  3. that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;
  4. that it will promptly notify the data exporter about:
    1. any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation,
    2. any accidental or unauthorised access, and
    3. any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;
  5. to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;
  6. at the request of the data exporter to submit its data processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
  7. to make available to the data subject upon request a copy of the Clauses, or any existing contract for subprocessing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;
  8. that, in the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent;
  9. that the processing services by the subprocessor will be carried out in accordance with Clause 11;
  10. to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.

Clause 6

Liability

  1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or subprocessor is entitled to receive compensation from the data exporter for the damage suffered.
  1. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his subprocessor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity.

The data importer may not rely on a breach by a subprocessor of its obligations in order to avoid its own liabilities.

  1. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the subprocessor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the subprocessor agrees that the data subject may issue a claim against the data subprocessor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses.

Clause 7

Mediation and jurisdiction

  1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:
    1. to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
    2. to refer the dispute to the courts in the Member State in which the data exporter is established.
  1. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.

Clause 8

Cooperation with supervisory authorities

  1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
  2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
  3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any subprocessor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5 (b).

Clause 9

Governing Law

The Clauses shall be governed by the law of the Member State in which the data exporter is established and/or where the Customer resides.

Clause 10

Variation of the contract

The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.

Clause 11

Subprocessing

  1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on the data importer under the Clauses. Where the subprocessor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the subprocessor’s obligations under such agreement.
  2. The prior written contract between the data importer and the subprocessor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses
  3. The provisions relating to data protection aspects for subprocessing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established.
  4. The data exporter shall keep a list of subprocessing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5 (j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority.

Clause 12

Obligation after the termination of personal data processing services

  1. The parties agree that on the termination of the provision of data processing services, the data importer and the subprocessor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.
  2. The data importer and the subprocessor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data processing facilities for an audit of the measures referred to in paragraph 1.

****************************

Appendix 1 to the Standard Contractual Clauses

Data exporter
The data exporter is the entity identified as “Customer” in the Addendum.

Data importer
The data importer is Elastihost, the provider of hosting services.

Data subjects
The data subjects and processing are defined in Section 2 of the DPA.

Categories of data
The categories of data are defined in Section 2 of the DPA.

Processing operations
The processing operations are defined in Section 2 of the DPA.

Appendix 2 to The Standard Contractual Clauses

This Appendix forms part of the Clauses. By purchasing Services from Elastihost, this Appendix and the DPA are deemed accepted and executed by and between the parties.

Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c):

The technical and organizational security measures implemented by the data importer are described in Schedule A of the DPA.

DMCA

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements 1996 treaties of the World Intellectual Property Organization (WIPO). A DMCA claim occurs when someone suspects a website of copyright infringement.

If you’d like to file a claim of copyright infringement can do so via either email or postal mail.

Send an email to abuse@elastihost.com.

Send postal mail to:

LEGALINC CORPORATE SERVICES INC.

Attn: Elastihost
10601 Clarence Dr, Suite 250 Frisco TX 75033

Domain Name Dispute Resolution Policy

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.

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 (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) 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; and/or
  • 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) and(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 Proceeding

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”).

  • 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.

  • 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.
  • 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.
  • 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).
  • Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).
  • 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 being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
  • Fees. All fees charged by a Provider in connection with 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 by you and the complainant.
  • 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.
  • 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.
  • 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.
  • 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 (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) 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.

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.

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.

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 3above.

Transfers During a Dispute

  • Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) 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 (ii) 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.
  • 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.

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 https://www.elastihost.com/domains-udrp.html 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.

Domain Registration Terms

Last Updated:

July 7, 2020

Agreement

In this Service Agreement (“Agreement”) “you” and “your” refer to each customer, “we”, us” and “our” refer to Elastihost.com and “Services” refers to the services provided by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.

Please see also: ICANN’s Registrant Rights and Responsibilities:
http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities
http://www.icann.org/en/resources/registrars/registrant-rights/educational

Selection of a Domain Name

We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of any third party. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us.

Fees, Payment & Term

As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (“Account Information”).

The fee for all domain registrations is variable and dependent on the TLD chosen. Pricing is displayed during the registration and renewal process. A one-year .BLOG, .CLUB, .COM, .INFO, .NET, .ONLINE, .ORG , .SHOP, .TECH, .XYZ, .WEDDING, .STORE, .LINK domain registration is included free with 1-year or 3-year Starter and Unlimited shared hosting and DreamPress plans. Downgrading from annual to monthly shared hosting, or canceling your plan within the 97-day guarantee, will result in a charge for the free domain registration. The free domain cannot be combined with any other promotions or offers. Also, sale prices do not apply to domain transfers.

You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration Agreement (“Registration Agreement”), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose. Willful provision of inaccurate or unreliable Account Information, willful failure to promptly update Account Information provided to Elastihost upon its change, or failure to respond for over fifteen (15) calendar days to inquiries by Elastihost concerning the accuracy of Account Information is a basis for cancellation of the registration.

Domain Transfers

You authorize Elastihost to act as your “Designated Agent” to approve each “Change of Registrant” on your behalf (both terms are defined in ICANN’s Transfer Policy). Also, we will automatically implement a 60-day domain transfer lock following a “Change of Registrant” per ICANN’s new Transfer Policy unless customer opts-out when submitting request.

List of Current TLDs and Pricing per Year

TLD Register Renew Transfer Redeem ?
.com $10.00 $15.99 $9.99 $15.99
.net $13.00 $16.99 $13.95 $16.99
.org $14.00 $15.99 $13.95 $150
.info $13.95 $16.99 $13.95 $150
.club $0.99 $12.95 $12.95 $100
.email $19.95 $19.95 $19.95 $100
.guru $39.95 $39.95 $39.95 $100
.link $3.99 $10.95 $10.95 $100
.photography $19.95 $19.95 $19.95 $100
.today $19.95 $19.95 $19.95 $100
.xyz $0.89 $12.99 $12.99 $100
.co $275.00 $135.00 $135.00 $100
.com.co $19.95 $19.95 $19.95 $100
.net.co $19.95 $19.95 $19.95 $100
.nom.co $19.99 $19.99 $19.99 $100
.co.uk $11.95 $11.95 $11.95 $100
.me.uk $9.99 $9.99 $9.99 $100
.org.uk $9.95 $9.95 $9.95 $100
.co.nz $40.99 $40.99 $40.99 $100
.net.nz $40.99 $40.99 N/A $100
.org.nz $40.99 $40.99 N/A $100
.asia $14.95 $14.95 $14.95 $100
.biz $12.95 $12.95 $12.95 $100
.mobi $24.95 $24.95 $24.95 $100
.name $12.95 $12.95 $12.95 $100
.bz $24.95 $24.95 N/A $100
.ca $16.95 $16.95 $16.95 $100
.cc $24.95 $24.95 $24.95 $100
.de $9.95 $9.95 $9.95 $100
.es $12.95 $12.95 $12.95 $100
.eu $9.95 $9.95 $9.95 $100
.in $14.95 $14.95 $14.95 $100
.me $2.99 $32.95 $32.95 $100
.tv $34.95 $34.95 $34.95 $100
.us $11.95 $11.95 $11.95 $100
.ws $24.95 $24.95 N/A $100
.academy $29.95 $29.95 $29.95 $100
.accountant $29.95 $29.95 $29.95 $100
.accountants $109.99 $109.99 $109.99 $100
.actor $34.99 $34.99 $34.99 $100
.agency $19.95 $19.95 $19.95 $100
.airforce $29.99 $29.99 $29.99 $100
.am $74.95 $74.95 N/A $100
.apartments $39.95 $39.95 $39.95 $100
.archi $94.99 $94.99 $94.99 $200
.army $29.99 $29.99 $29.99 $100
.associates $34.99 $34.99 $34.99 $100
.at $19.95 $19.95 N/A $100
.attorney $34.99 $34.99 $34.99 $100
.auction $29.99 $29.99 $29.99 $100
.audio $129.95 $129.95 $129.95 $100
.auto $2500 $2500 $2500 $3000
.band $24.99 $24.99 $24.99 $100
.bar $84.99 $84.99 $84.99 $100
.barcelona $59.95 $59.95 $59.95 $150
.bargains $31.99 $31.99 $31.99 $100
.bayern $44.99 $44.99 $44.99 $100
.beer $34.99 $34.99 $34.99 $100
.berlin $44.95 $44.95 $44.95 $200
.best $99.99 $99.99 $99.99 $100
.bid $34.99 $34.99 $34.99 $100
.bike $39.95 $39.95 $39.95 $100
.bio $49.95 $49.95 $49.95 $200
.black $44.95 $44.95 $44.95 $100
.blackfriday $129.95 $129.95 $129.95 $100
.blog $4.99 $24.95 $24.95 $100
.blue $18.99 $18.99 $18.99 $100
.boutique $29.95 $29.95 $29.95 $100
.build $63.99 $63.99 $63.99 $100
.builders $29.95 $29.95 $29.95 $100
.business $22.99 $22.99 $22.99 $100
.buzz $34.95 $34.95 $34.95 $100
.cab $29.95 $29.95 $29.95 $100
.cafe $29.95 $29.95 $29.95 $100
.camera $44.95 $44.95 $44.95 $100
.camp $44.95 $44.95 $44.95 $100
.capital $59.99 $59.99 $59.99 $100
.car $2500 $2500 $2500 $3000
.cards $29.95 $29.95 $29.95 $100
.care $29.95 $29.95 $29.95 $100
.careers $49.95 $49.95 $49.95 $100
.cars $2500 $2500 $2500 $3000
.casa $24.95 $24.95 $24.95 $100
.cash $29.95 $29.95 $29.95 $100
.casino $119.95 $119.95 $119.95 $100
.catering $29.95 $29.95 $29.95 $100
.center $19.95 $19.95 $19.95 $100
.ceo $94.99 $94.99 $94.99 $100
.chat $24.95 $24.95 $24.95 $100
.cheap $29.95 $29.95 $29.95 $100
.christmas $39.95 $39.95 $39.95 $100
.church $29.95 $29.95 $29.95 $100
.city $22.99 $22.99 $22.99 $100
.claims $59.99 $59.99 $59.99 $100
.cleaning $44.95 $44.95 $44.95 $100
.click $12.95 $12.95 $12.95 $100
.clinic $59.99 $59.99 $59.99 $100
.clothing $39.95 $39.95 $39.95 $100
.cloud $22.95 $22.95 $22.95 $100
.coach $39.95 $39.95 $39.95 $100
.codes $49.99 $49.99 $49.99 $100
.coffee $29.95 $29.95 $29.95 $100
.college $59.95 $59.95 $59.95 $100
.community $29.95 $29.95 $29.95 $100
.company $19.95 $19.95 $19.95 $100
.computer $29.95 $29.95 $29.95 $100
.condos $49.99 $49.99 $49.99 $100
.construction $29.95 $29.95 $29.95 $100
.consulting $29.99 $29.99 $29.99 $100
.contractors $29.95 $29.95 $29.95 $100
.cooking $29.95 $29.95 $29.95 $100
.cool $29.95 $29.95 $29.95 $100
.country $29.95 $29.95 $29.95 $100
.coupons $49.95 $49.95 $49.95 $100
.courses $34.95 $34.95 $34.95 $100
.credit $109.99 $109.99 $109.99 $100
.creditcard $159.99 $159.99 $159.99 $100
.cricket $59.95 $59.95 $59.95 $100
.cruises $49.99 $49.99 $49.99 $100
.dance $22.99 $22.99 $22.99 $100
.date $29.95 $29.95 $29.95 $100
.dating $59.99 $59.99 $59.99 $100
.deals $34.99 $34.99 $34.99 $100
.degree $39.99 $39.99 $39.99 $100
.democrat $29.99 $29.99 $29.99 $100
.dental $59.99 $59.99 $59.99 $100
.dentist $34.99 $34.99 $34.99 $100
.desi $19.95 $19.95 $19.95 $150
.design $10.99 $49.95 $49.95 $150
.dev $13.99 $15.99 $15.99 $150
.diamonds $49.95 $49.95 $49.95 $100
.diet $129.95 $129.95 $129.95 $100
.digital $29.95 $29.95 $29.95 $100
.direct $34.99 $34.99 $34.99 $100
.directory $19.95 $19.95 $19.95 $100
.discount $29.95 $29.95 $29.95 $100
.doctor $79.95 $79.95 $79.95 $100
.dog $44.95 $44.95 $44.95 $100
.domains $29.95 $29.95 $29.95 $100
.download $29.95 $29.95 $29.95 $100
.earth $19.95 $19.95 $19.95 $100
.education $19.95 $19.95 $19.95 $100
.energy $79.95 $79.95 $79.95 $100
.engineer $29.99 $29.99 $29.99 $100
.engineering $59.99 $59.99 $59.99 $100
.enterprises $29.95 $29.95 $29.95 $100
.equipment $19.95 $19.95 $19.95 $100
.estate $29.95 $29.95 $29.95 $100
.events $29.95 $29.95 $29.95 $100
.exchange $29.95 $29.95 $29.95 $100
.expert $49.95 $49.95 $49.95 $100
.exposed $20.99 $20.99 $20.99 $100
.express $29.95 $29.95 $29.95 $100
.fail $34.99 $34.99 $34.99 $100
.faith $29.95 $29.95 $29.95 $100
.family $19.95 $19.95 $19.95 $100
.fans $59.95 $59.95 $59.95 $100
.farm $31.99 $31.99 $31.99 $100
.fashion $29.95 $29.95 $29.95 $100
.film $79.95 $79.95 $79.95 $100
.finance $59.99 $59.99 $59.99 $100
.financial $59.99 $59.99 $59.99 $100
.fish $34.99 $34.99 $34.99 $100
.fishing $34.99 $34.99 $34.99 $100
.fit $24.95 $24.95 $24.95 $100
.fitness $34.99 $34.99 $34.99 $100
.flights $49.99 $49.99 $49.99 $100
.florist $29.95 $29.95 $29.95 $100
.flowers $129.95 $129.95 $129.95 $100
.fm $74.95 $74.95 N/A $100
.football $19.95 $19.95 $19.95 $100
.forsale $29.99 $29.99 $29.99 $100
.foundation $31.99 $31.99 $31.99 $100
.fun $9.99 $19.95 $19.95 $100
.fund $59.99 $59.99 $59.99 $100
.furniture $59.99 $59.99 $59.99 $100
.futbol $12.99 $12.99 $12.99 $100
.fyi $29.95 $29.95 $29.95 $100
.gallery $19.95 $19.95 $19.95 $100
.game $349.95 $349.95 $349.95 $400
.games $19.95 $19.95 $19.95 $300
.garden $24.95 $24.95 $24.95 $100
.gift $31.99 $31.99 $31.99 $100
.gifts $34.99 $34.99 $34.99 $100
.gives $29.99 $29.99 $29.99 $100
.glass $44.95 $44.95 $44.95 $100
.global $59.95 $59.95 $59.95 $150
.gmbh $24.95 $24.95 $24.95 $100
.gold $79.95 $79.95 $79.95 $100
.golf $49.95 $49.95 $49.95 $100
.graphics $19.95 $19.95 $19.95 $100
.gratis $22.99 $22.99 $22.99 $100
.green $65.95 $65.95 $65.95 $100
.gripe $34.99 $34.99 $34.99 $100
.group $19.95 $19.95 $19.95 $100
.guide $34.99 $34.99 $34.99 $100
.guitars $129.95 $129.95 $129.95 $100
.haus $29.99 $29.99 $29.99 $100
.healthcare $59.99 $59.99 $59.99 $100
.help $8.99 $29.95 $29.95 $100
.hiphop $129.95 $129.95 $129.95 $100
.hockey $49.95 $49.95 $49.95 $100
.holdings $59.95 $59.95 $59.95 $100
.holiday $49.99 $49.99 $49.99 $100
.horse $34.99 $34.99 $34.99 $100
.hospital $44.95 $44.95 $44.95 $100
.host $109.99 $109.99 $109.99 $150
.hosting $499.95 $499.95 $499.95 $100
.house $29.95 $29.95 $29.95 $100
.how $29.99 $29.99 $29.99 $150
.immo $34.99 $34.99 $34.99 $100
.immobilien $29.99 $29.99 $29.99 $100
.inc $2099.99 $2099.99 $2099.99 $0
.industries $34.99 $34.99 $34.99 $100
.ink $36.99 $36.99 $36.99 $100
.institute $19.95 $19.95 $19.95 $100
.insure $59.99 $59.99 $59.99 $100
.international $19.95 $19.95 $19.95 $100
.investments $109.99 $109.99 $109.99 $100
.io $25.99 $39.95 $39.95 $100
.irish $34.95 $34.95 $34.95 $100
.jewelry $49.95 $49.95 $49.95 $100
.jp N/A $49.95 N/A $100
.kaufen $36.99 $36.99 $36.99 $100
.kim $18.99 $18.99 $18.99 $100
.kitchen $44.95 $44.95 $44.95 $100
.kiwi $42.99 $42.99 $42.99 $100
.la $39.95 $39.95 $39.95 $100
.land $29.95 $29.95 $29.95 $100
.law $210 $210 $210 $100
.lawyer $34.99 $34.99 $34.99 $100
.lease $59.99 $59.99 $59.99 $100
.legal $49.95 $49.95 $49.95 $100
.lgbt $45.95 $45.95 $45.95 $100
.life $34.99 $34.99 $34.99 $100
.lighting $19.95 $19.95 $19.95 $100
.limited $34.99 $34.99 $34.99 $100
.limo $49.95 $49.95 $49.95 $100
.live $19.95 $19.95 $19.95 $100
.loan $29.95 $29.95 $29.95 $100
.loans $109.99 $109.99 $109.99 $100
.lol $29.95 $29.95 $29.95 $100
.london $61.99 $61.99 $61.99 $100
.love $29.95 $29.95 $29.95 $150
.ltd $19.95 $19.95 $19.95 $100
.luxury $509.99 $509.99 $509.99 $100
.maison $49.99 $49.99 $49.99 $100
.management $19.95 $19.95 $19.95 $100
.market $29.99 $29.99 $29.99 $100
.marketing $29.95 $29.95 $29.95 $100
.mba $29.95 $29.95 $29.95 $100
.media $34.99 $34.99 $34.99 $100
.melbourne $49.95 $49.95 $49.95 $100
.men $29.95 $29.95 $29.95 $100
.menu $199.95 $199.95 $199.95 $100
.miami $17.95 $17.95 $17.95 $100
.moda $29.99 $29.99 $29.99 $100
.mom $29.95 $29.95 $29.95 $100
.money $24.95 $24.95 $24.95 $100
.mortgage $39.99 $39.99 $39.99 $100
.movie $299.95 $299.95 $299.95 $100
.nagoya $18.99 $18.99 $18.99 $100
.navy $29.99 $29.99 $29.99 $100
.network $22.99 $22.99 $22.99 $100
.news $19.99 $19.99 $19.99 $100
.ngo N/A $19.95 N/A $150
.ninja $18.95 $18.95 $18.95 $100
.nyc $29.99 $29.99 $29.99 $100
.okinawa $17.99 $17.99 $17.99 $100
.one $9.95 $9.95 $9.95 $100
.ong N/A $19.95 N/A $150
.onl $17.99 $17.99 $17.99 $100
.online $1.99 $29.95 $29.95 $150
.ooo N/A $24.95 N/A $150
.osaka $34.95 $34.95 $34.95 $100
.paris $65.99 $65.99 $65.99 $100
.partners $59.99 $59.99 $59.99 $100
.parts $34.99 $34.99 $34.99 $100
.party $29.95 $29.95 $29.95 $100
.pet $19.95 $19.95 $19.95 $100
.photo $8.99 $23.95 $23.95 $100
.photos $19.95 $19.95 $19.95 $100
.physio $99.99 $99.99 $99.99 $100
.pics $29.95 $29.95 $29.95 $100
.pictures $11.99 $11.99 $11.99 $100
.pink $18.99 $18.99 $18.99 $100
.pizza $59.99 $59.99 $59.99 $100
.place $34.99 $34.99 N/A $100
.plumbing $44.95 $44.95 $44.95 $100
.plus $29.95 $29.95 $29.95 $100
.poker $39.95 $39.95 $39.95 $100
.porn $89.95 $89.95 $89.95 $100
.press $84.99 $84.99 $84.99 $150
.pro $13.95 $13.95 $13.95 $100
.productions $34.99 $34.99 $34.99 $100
.promo $14.95 $14.95 $14.95 $100
.properties $31.99 $31.99 $31.99 $100
.property $129.95 $129.95 $129.95 $100
.protection $2500 $2500 $2500 $3000
.pub $29.99 $29.99 $29.99 $100
.quebec $35.99 $35.99 $35.99 $100
.racing $29.95 $29.95 $29.95 $100
.recipes $49.95 $49.95 $49.95 $100
.red $18.99 $18.99 $18.99 $100
.rehab $29.99 $29.99 $29.99 $100
.reise $79.95 $79.95 $79.95 $100
.reisen $22.99 $22.99 $22.99 $100
.rent $59.95 $59.95 $59.95 $300
.rentals $29.95 $29.95 $29.95 $100
.repair $29.95 $29.95 $29.95 $100
.report $22.99 $22.99 $22.99 $100
.republican $34.99 $34.99 $34.99 $100
.rest $42.99 $42.99 $42.99 $100
.restaurant $59.99 $59.99 $59.99 $100
.review $29.95 $29.95 $29.95 $100
.reviews $22.99 $22.99 $22.99 $100
.rich $2350 $2350 $2350 $400
.rip $19.99 $19.99 $19.99 $100
.rocks $12.99 $12.99 $12.99 $100
.rodeo $34.99 $34.99 $34.99 $100
.run $19.95 $19.95 $19.95 $100
.sale $24.95 $24.95 $24.95 $100
.salon $39.95 $39.95 $39.95 $100
.sarl $34.99 $34.99 $34.99 $100
.school $24.95 $24.95 $24.95 $100
.schule $22.99 $22.99 $22.99 $100
.science $29.95 $29.95 $29.95 $100
.security $2500 $2500 $2500 $3000
.services $34.99 $34.99 $34.99 $100
.sex $89.95 $89.95 $89.95 $100
.sexy $34.95 $34.95 $34.95 $100
.shiksha $18.99 $18.99 $18.99 $100
.shoes $44.95 $44.95 $44.95 $100
.shop $2.99 $29.95 $29.95 $150
.shopping $24.95 $24.95 $24.95 $100
.show $29.95 $29.95 $29.95 $100
.singles $39.95 $39.95 $39.95 $100
.site $9.99 $29.95 $29.95 $100
.ski $34.95 $34.95 $34.95 $200
.soccer $19.95 $19.95 $19.95 $100
.social $29.99 $29.99 $29.99 $100
.software $29.99 $29.99 $29.99 $100
.solar $44.95 $44.95 $44.95 $100
.solutions $19.95 $19.95 $19.95 $100
.soy $31.99 $31.99 $31.99 $150
.space $9.99 $11.99 $11.99 $150
.store $2.99 $49.95 $49.95 $150
.stream $24.95 $24.95 $24.95 $100
.studio $19.95 $19.95 $19.95 $100
.study $24.95 $24.95 $24.95 $100
.style $24.95 $24.95 $24.95 $100
.supplies $22.99 $22.99 $22.99 $100
.supply $22.99 $22.99 $22.99 $100
.support $19.95 $19.95 $19.95 $100
.surf $34.99 $34.99 $34.99 $100
.surgery $59.99 $59.99 $59.99 $100
.sydney $44.95 $44.95 $44.95 $100
.systems $19.95 $19.95 $19.95 $100
.tattoo $39.95 $39.95 $39.95 $100
.tax $59.99 $59.99 $59.99 $100
.taxi $49.95 $49.95 $49.95 $100
.team $29.95 $29.95 $29.95 $100
.tech $2.99 $49.95 $49.95 $100
.technology $19.95 $19.95 $19.95 $100
.tel $11.95 $11.95 $11.95 $100
.tennis $44.95 $44.95 $44.95 $100
.theater $49.95 $49.95 $49.95 $100
.theatre $625 $625 $625 $1000
.tienda $49.99 $49.99 $49.99 $100
.tips $19.95 $19.95 $19.95 $100
.tokyo $17.99 $17.99 $17.99 $100
.tools $34.99 $34.99 $34.99 $100
.top $16.95 $16.95 $16.95 $100
.tours $49.95 $49.95 $49.95 $100
.town $34.99 $34.99 $34.99 $100
.toys $44.95 $44.95 $44.95 $100
.trade $34.99 $34.99 $34.99 $100
.training $29.95 $29.95 $29.95 $100
.tube $24.95 $24.95 $24.95 $100
.uk $11.95 $11.95 $11.95 $100
.university $59.99 $59.99 $59.99 $100
.uno $29.95 $29.95 $29.95 $100
.vacations $31.99 $31.99 $31.99 $100
.vegas $68.99 $68.99 $68.99 $100
.ventures $59.95 $59.95 $59.95 $100
.vet $29.99 $29.99 $29.99 $100
.viajes $49.99 $49.99 $49.99 $100
.video $19.95 $19.95 $19.95 $100
.villas $49.99 $49.99 $49.99 $100
.vip $24.95 $24.95 $24.95 $100
.vision $34.99 $34.99 $34.99 $100
.vodka $34.99 $34.99 $34.99 $100
.vote $64.95 $64.95 $64.95 $100
.voting $76.99 $76.99 $76.99 $150
.voto $64.95 $64.95 $64.95 $100
.voyage $49.95 $49.95 $49.95 $100
.watch $31.99 $31.99 $31.99 $100
.webcam $29.95 $29.95 $29.95 $100
.website $9.99 $24.95 $24.95 $150
.wedding $29.95 $29.95 $29.95 $100
.wiki $29.95 $29.95 $29.95 $100
.win $29.95 $29.95 $29.95 $100
.wine $39.95 $39.95 $39.95 $100
.work $5.95 $5.95 $5.95 $100
.works $31.99 $31.99 $31.99 $100
.world $29.95 $29.95 $29.95 $100
.wtf $34.99 $34.99 $34.99 $100
.xxx $119.95 $119.95 $119.95 $100
.yoga $24.95 $24.95 $24.95 $100
.yokohama $13.95 $13.95 $13.95 $100
.zone $29.95 $29.95 $29.95 $100

Modifications To Agreement

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement, Section 20. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement, Section 20. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Dispute Policy at any time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

Modifications To Your Account

In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

Domain Name Dispute Policy

If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by our current Domain Name Dispute Policy (“Dispute Policy”) which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at our web site: https://www.elastihost.com/legal. Please take the time to familiarize yourself with said policy.

Domain Name Disputes

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 Dispute Policy in effect at the time of the dispute. You 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 contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of your domicile, the courts of the geographic location indicated by your WHOIS information for your domain name, the courts of Brea, CA (Elastihost headquarters), and any other potentially applicable jurisdictions.

Agents

You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.

Announcements

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

Limitation of Liability

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. The registrant agrees that we will not be liable for any loss of registration and use of registrant’s domain name, or for interruption of business, or 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 liability exceed five hundred ( $500.00) dollars.

Indemnity

You agree to release, indemnify, and hold Elastihost, its affiliates and business partners, and any applicable domain name registry, including without limitation VeriSign, Inc., Afilias Limited, Public Interest Registry, Global.Name Registry, and their respective subsidiaries and affiliates, and the directors, officers, employees and agents of each of them, harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold said parties harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.

Breach

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your e-mail account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

No Guarantee

You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.

Disclaimer of Warranties

You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an “as is,” “as available” basis. we expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our e-mail service is done at your own discretion and risk and that 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 the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service 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.

Revocation

You agree that we may delete your domain name or terminate your right to use other Services if the information that you provided to register or reserve your domain name or register for other Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your domain name at any time. You agree that your Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.

Right of Refusal

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services, or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other Services.

Severability

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

Non-agency

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

Non-waiver

Our failure to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Notices

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us to sales@elastihost.com or, in the case of notice to you, at the e-mail address provided by you in your Affiliate Program application or as updated from time to time. Mail shall be sent to “Elastihost”, PMB #257, 417 Associated Rd., Brea, CA USA and to you at the mailing address provided in your Affiliate application or as updated from time to time. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. (Pacific time) and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.

Entirety

You agree that this Agreement, the rules and policies published us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

Governing Law

This agreement shall be governed by and interpreted and enforced in accordance with the laws of state of Texas and the federal laws of united states of america applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Texas and you irrevocably consent to the jurisdiction of such courts.

Infancy

You attest that you are of legal age to enter into this Agreement.

Acceptance Of Agreement

You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the affiliate network and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

Additional Registry Requirements

The following provisions are examples of terms and conditions that apply to domain names you register through Elastihost (other examples include .lawyer, .irish, etc.). Please note that certain registries require additional terms and conditions that will apply to your domain registration. For a list of TLDs and applicable terms that will apply, please see: http://www.enom.com/terms/terms-registration-additional.aspx. Elastihost is not responsible for your account being disabled or closed due to your failure to comply with the registry’s conditions!

  • .info With respect to any registration of a .INFO second level domain name, you agree to the following terms:
    • You consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to its contract.
    • You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Sunrise Dispute Resolution Policy (“SDRP”); These policies are subject to modification by Afilias in its discretion.
    • You agree to immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name. Failure to correct this information shall constitute a breach of this Agreement.
    • You acknowledge that Afilias, the registry operator for the .INFO top-level domain will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
    • Elastihost and Afilias, the registry operator for the .INFO top-level domain expressly reserve the right to deny, cancel or transfer any registration that either shall deem necessary, in its discretion, to protect the integrity and stability of the .INFO registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Elastihost and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. Elastihost and Afilias also reserve the right to lock a domain name during resolution of a dispute.
  • .name Provision of Registration Data is as follows:
    • As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes the information contained in the Whois directory, including: (i) your full name and postal address, email address, voice telephone number, and fax number, if available; (ii) the IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name; (iii) the full name, postal address, email address, voice telephone number, and fax number, if available, of the technical contact for the domain name; (iv) the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name; (v) the name, postal address, email address, voice telephone number, and fax number, if available, of the billing contact for the domain name. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by Internet Corporation for Assigned Names and Numbers (“ICANN”). You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.
    • You hereby represent and warrant the data provided in the registration application is true, correct, up-to-date and complete and that you will continue to keep all of the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or an ICANN policy. The Global Name Registry, Limited (“Registry Operator”) may share your personal data with third parties that act as subcontractors to it for the purposes of this Agreement, and you agree that your personal data may be shared with Registry Operator’s subcontractors. You also agree that from time to time, Registry Operator may share some of your personal data, such as your address and postcode, with third parties who are conducting, on behalf of Registry Operator, market analysis.
  • .name Restrictions:
    • Registrations in the .name TLD must constitute an individual’s “Personal Name”. For purposes of the .name restrictions (the “Restrictions”), a “Personal Name” is a person’s legal name, or a name by which the person is commonly known. A “name by which a person is commonly known” includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
  • .eu With respect to any registration of an .EU second level domain name, you affirm your agreement with the following term(s):
    • I hereby agree that the Registry is entitled to transfer the data contained in this application to third parties (i) if ordered to do so by a public authority, carrying out its legitimate tasks; and (ii) upon demand of an ADR Provider as mentioned in section 16 of the Terms and Conditions which are published at www.eurid.eu; and (iii) as provided in Section 2 (WHOIS look-up facility) of the .eu Domain Name WHOIS Policy which is published at www.eurid.eu.
  • .it With respect to any registration of an .IT second level domain name, you declare that you:
    • i) are aware and agree that the registration and management of a domain name is subject to the “Rules of assignment and management of domain names in ccTLD.it” and “Regulations for the resolution of disputes in the ccTLD.it “and their subsequent amendments;
      ii) are aware and agree that in the case of erroneous or false declarations in this request, the Registry shall immediately revoke the domain name, or proceed with other legal actions. In such case the revocation shall not in any way give rise to claims against the Registry;
      iii) release the Registry from any liability resulting from the assignment and use of the domain name by the natural person that has made the request;
      iv) accept the Italian jurisdiction and laws of the Italian State.
  • .ca With respect to any registration of a .ca second level domain name, you declare that you agree to abide by the terms of the .CA registration agreement.
  • .dev HTTPS requirement:
    • Dev is a more secure TLD, meaning that HTTPS is required for all .dev websites. In order for it to work properly in browsers you must first configure HTTPS hosting. To obtain more information on SSL certificates, please visit your hosting service provider or get a free SSL certificate from Let’s Encrypt.

Renewal, Billing, and Expiration Policy

Customer’s new and transferred-in domain registrations will be set to automatically renew upon expiration. The credit or debit card used for registrations will default to “autopay,” and Customer’s card on file will be charged for future renewals. Customer will still have the option to change the renewal status in the account panel (choosing instead to allow expiration of the domain, or to receive an email notification of an impending expiration at which point inaction will result in expiration of the domain).

Customers who have auto-renew enabled for a domain will be charged, and have the domain renewed, 31 days prior to the expiration date of the domain (your credit card on file will be immediately charged for the renewal amount). If the billing is unsuccessful, we will change the auto-renew status of the domain to “ask,” and you’ll be sent an email notice with instructions for renewal. You will have to manually re-enable the auto-renew status of your domain if billing is unsuccessful. Customers who have domains that are considered “auto-renew-only” by the registry will also be charged 31 days prior to the expiration date of the domain, but will renew automatically on the expiration date.

In the event that a Domain expires, Elastihost will hold the expired Domain for up to 30 days as a courtesy and not as an obligation (contractual or otherwise). 30 days after expiration, the Domain will be placed in Redemption. During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay the Redemption Fee associated with each particular Domain expiration (fees are reflected in the chart above), as well as a Renewal Fee for the current year. Domain registration vouchers cannot be applied toward the cost of Redemption. If the Domain is not redeemed within 74 days of expiration, it will be set to Pending Delete status by the domain registry. After the Pending Delete status expires, the Domain will be released for registration. During the Pending Delete period, the Domain will be inaccessible and unrecoverable. Redemption fees vary according to each domain registry and are subject to change without notice.

At least once per month prior; per week prior; and per week after expiration, Elastihost will remind Customer about these expiration dates by email. These emails will be sent to the email address selected in Customer’s Contact Preferences and to the email address of the Domain Registrant.

Whois Privacy Services

Please note that Elastihost’s privacy services are now governed by the Proxy Protection Agreement.

60-Day Transfer Opt-Out Information

ICANN’s Transfer Policy requires a 60-day transfer lock to apply to your domain name(s) in the event of any “Change of Registrant.” Elastihost currently locks your domain name for any change involving your WhoIs info, or when toggling your Proxy Protection privacy service on or off.

This feature is designed to protect you. However, one way to avoid this 60-day lock is to opt out via Panel for that particular domain name before making any changes.

By opting out of the 60-day transfer lock, you agree that the account owner and the registrant of the applicable domain name have opted out of any 60-day transfer lock that would otherwise be applied to your domain name per ICANN’s Transfer Policy due to a “Change of Registrant” as defined by ICANN, or by Elastihost as a result of any other WHOIS or privacy service changes. The opt out will only apply to this particular domain name in your account. To avoid ambiguity, the term “registrant” refers to the true individual and/or entity who registers a domain name and whose information is escrowed by Elastihost as valid whois information; this does not refer to any privacy service whose name replaces the true registrant’s identity in public Whois information (such as Proxy Protection). Elastihost is not responsible for any domain, account, or security issues that arise due to your decision to opt out of the 60-day lock. Please note that the parameters that trigger the 60-day transfer lock are subject to change without notice.

Registrant Agreement

Version 2.0, July 7, 2020

Registrant Agreement
Version 2.0, July 20, 2020

This agreement (the “Agreement”) is between you (the “Registrant”) and the Canadian Internet Registration Authority (“CIRA”).

In consideration of the registration by CIRA of the Domain Name applied for by the Registrant in the name of the Registrant, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, CIRA and the Registrant agree as follows:

ARTICLE 1
INTERPRETATION

1.1 Application. This Agreement between the Registrant and CIRA applies to all Domain Names registered by CIRA for the Registrant.

1.2 Definitions. In this Agreement:

Administrative Contact” means the person identified in the Registration Information as the Administrative Contact for the Registrant’s Domain Name Registration(s);

Affiliate” means, with respect to either party, any entity that controls, is controlled by, or is under common control with, such party. For purposes of the foregoing, “control” means, with respect to: (a) a corporation, the ownership, directly or indirectly, of fifty percent (50%) or more of the voting power to elect directors thereof; and (b) any other entity, fifty percent (50%) or more ownership interest in said entity;

Applicable Laws” means all international, federal, provincial and local laws and regulations and other laws of applicable governmental authorities;

Domain Name” means a .ca domain name or sub-domain name;

Domain Name Registration” means the registration by CIRA of a Domain Name in the Registry, in the name of the Registrant, pursuant to this Agreement;

Fees” means the fees payable to CIRA in connection with this Agreement, including an application for a Domain Name and/or any renewal, transfer, and any other fees payable in connection with a Domain Name Registration;

Member” or “Membership” has the meaning specified in CIRA’s Amended and Restated By-Law No.1, which is located on CIRA’s website at: www.cira.ca/assets/Documents/Legal/Other/bylaw1.pdf;

Person” means a natural person, partnership, limited partnership, limited liability partnership, corporation, limited liability corporation, unlimited liability company, joint stock company, trust, unincorporated association, joint venture or other entity or governmental entity;

Registrant” means a Person who is listed in the Registry as the registrant of a Domain Name;

Registrar of Record” means the Registrar listed in the Registry as the Registrar of a specific Domain Name Registration;

Registrars” mean the persons from time to time certified by CIRA to offer Domain Name Registration services within the .ca Internet Domain Name system;

Registration Date” means the date a Domain Name has been activated within the Registry;

Registration Information” means all information which the Registry PRP require the Registrant to submit to CIRA or the Registrar of Record to obtain a Domain Name Registration, or to process any Transaction Request;

Registry” means the .ca Internet Domain Name registry operated by CIRA;

Registry PRP” means the CIRA policies, rules, and procedures relating to Registrants, Registrars, and Domain Name Registrations as may be amended or adopted by CIRA from time to time, which are located on CIRA’s website at: www.cira.ca/en/PRP.html; and

Transaction Requests” means all requests or transactions with respect to a Domain Name Registration, including those to renew, transfer, modify, or delete a Domain Name Registration.

ARTICLE 2
AGREEMENT, REGISTRY PRP, AND AMENDMENTS BY CIRA

2.1 Acceptance of Agreement and Registry PRP. This Agreement sets forth the terms and conditions of the registration of Domain Names by the Registrant with CIRA. The Registrant acknowledges that it has read, understood, and agrees to be bound by all the terms and conditions of this Agreement, and the Registry PRP, which CIRA may establish and amend from time to time. The Registry PRP are located on CIRA’s website at www.cira.ca/en/PRP.html. The acceptance of the Registrant Agreement and Registry PRP by the Registrant will apply to the current registration request as well as all other further registration requests which the Registrant may make thereafter with the same Registrar.

2.2 Amendment of Agreement by CIRA. CIRA shall have the right, at any time and from time to time, to amend any or all of the terms and conditions of this Agreement. CIRA shall use commercially reasonable efforts to notify the Registrant of material amendments to this Agreement by email in accordance with Section 10.1. However, any amendment to this Agreement will be binding and effective upon 30 days after the posting of such amendment on CIRA’s website.

2.3 Amendment and/or Establishment of new Registry PRP by CIRA. CIRA shall have the right, at any time and from time to time, to amend any or all of the Registry PRP and/or establish new Registry PRP. Any such amendment to the Registry PRP or new Registry PRP will be binding and effective upon the posting of such amendment or new Registry PRP on CIRA’s website.

2.4 Obligation to Review; Disagreement. The Registrant agrees to periodically review CIRA’s website, and specifically this Agreement and the Registry PRP available on CIRA’s website, to be aware of any amendments to the Agreement, Registry PRP and/or any new Registry PRP. If the Registrant does not agree with any amendments to the Agreement, the Registry PRP and/or any new Registry PRP, then the Registrant may terminate this Agreement in accordance with Section 7.10. By continuing to maintain Domain Name Registrations in the Registry, the Registrant has agreed to be bound by any amendments to the Agreement, the Registry PRP and/or the establishment of any new Registry PRP after they become effective.

ARTICLE 3
DOMAIN NAMES PROVISIONS

3.1 Registrations of Domain Names.

(a) Applications. The Registrant acknowledges and agrees that applications for the registration of a Domain Name shall be made to CIRA only by the Registrar of Record, on behalf of the Registrant, in accordance with this Agreement and the Registry PRP.

(b) Processing of Applications. CIRA shall process complete applications for the registration of a Domain Name. CIRA, in its sole discretion, shall have the right to approve or reject any application for the registration of a Domain Name and/or agree or refuse to register any Domain Name for any reason whatsoever with no liability of CIRA whatsoever to the Registrant, the Registrar of Record or any other person. CIRA will give notice to the Registrar of Record upon the approval or rejection of an application.

3.2 No Proprietary Right. The Registrant acknowledges and agrees that a Domain Name is not property and that a Domain Name Registration does not create any proprietary right for the Registrant, the Registrar of Record or any other person in any name used as a domain name or in any Domain Name Registration. The entry of a domain name in the Registry and/or in the “WHOIS” database shall not be construed as evidence of ownership of any Domain Name Registration. The Registrant shall not in any way transfer or purport to transfer a proprietary right in any Domain Name Registration or grant or purport to grant as security or in any other manner encumber or purport to encumber any Domain Name Registration.

3.3 Renewals, Transfers, Modifications, Deletions and Other Transactions. The Registrant acknowledges and agrees that a renewal, transfer, modification or deletion of, and any other request or transaction with respect to, a Domain Name Registration shall be made in accordance with this Agreement and the Registry PRP. CIRA will notify the Registrar of Record of any renewal, transfer, modification, deletion or other transaction regarding a Domain Name Registration.

3.4 Right of CIRA to Verify Information and Compliance. CIRA is entitled at any time and from time to time during the Term (as defined in Section 7.1) to verify: (a) the truth, accuracy and completeness of any information provided by the Registrant to CIRA, whether directly, through any of the Registrars of Record or otherwise; and (b) the compliance by the Registrant with the provisions of the Agreement and the Registry PRP. The Registrant shall fully and promptly cooperate with CIRA in connection with such verification and shall give to CIRA, either directly or through the Registrar of Record such assistance, access to and copies of, such information and documents as CIRA may reasonably require to complete such verification. CIRA and the Registrant shall each be responsible for their own expenses incurred in connection with such verification.

3.5 Administrative Contacts.

(a) Agent for the Registrant. The Registrant acknowledges and agrees that the Administrative Contact is hereby irrevocably authorized by the Registrant to: 1. act as the Registrant’s agent in connection with the Registrant’s Domain Name Registrations; 2. be CIRA’s contact for the Registrant and the Domain Name Registration(s); and 3. is recognized by CIRA and hereby irrevocably authorized by the Registrant to take any and all actions in connection with the Domain Name Registration(s) including, without limitation, renewing, transferring, modifying, or deleting it. Notwithstanding the foregoing, in the event of any dispute between the Registrant and the Registrant’s Administrative Contact, the Registrant shall prevail.

(b) Registrant and Administrative Contact Email Addresses. The Registrant acknowledges and agrees that CIRA notices to the Registrant will be sent by email only, as set forth in Section 10.1 (Notices). It is solely the responsibility of the Registrant to ensure that the email addresses of the Registrant and its Administrative Contact are at all times functional and accurate and to make arrangements with its Administrative Contact to receive any notices that are sent by CIRA only to the Registrant’s Administrative Contact. If CIRA can show that a notice was sent to either the Registrant or the Registrant’s Administrative Contact email addresses, CIRA shall not be liable to the Registrant or any third party for damages arising from a failure to receive notice from CIRA.

3.6 Registrars.

(a) Changes of Registrar.

(1) Time Period. The Registrant may change the Registrar of Record with respect to a Domain Name Registration at any time once 60 days has elapsed from the date of registration of the Domain Name.

(2) Replacement of Registrar. In the event that the Registrar of Record is no longer a Registrar for any reason, has had its certification as a Registrar suspended, revoked or terminated, and/or the Registrar Agreement between CIRA and the Registrar of Record is terminated or expires, the Registrant shall be responsible for changing such Registrar of Record to a new Registrar. Such change must occur within 30 days of notice being given to the Registrant, or such other period of time specified by CIRA.

(3) Agreement and Registry PRP. Any change of the Registrar of Record must be done in accordance with this Agreement and the Registry PRP.

(b) Registrar as Agent. The Registrant acknowledges and agrees that the Registrar of Record is hereby also irrevocably authorized to act as the Registrant’s agent in connection with Domain Name Registrations. Accordingly, any communication and/or instructions to or from the Registrar of Record will be taken as being to or from the Registrant. Without limiting the generality of the foregoing, the Registrant acknowledges and agrees that the Registrar of Record may cancel the Registrant’s Domain Name Registration within 5 days from the registration of the Domain Name at their discretion and without the Registrant’s consent.

(c) Registrar Obligations. The Registrant acknowledges that the Registrar of Record has a number of obligations to CIRA, and should the Registrar fail to comply with such obligations, CIRA may require the Registrant to change such Registrar of Record to a new Registrar.

3.7 Membership. The Registrant acknowledges and agrees that if the Registrant becomes a Member of CIRA, the Registrant agrees to abide by the terms of CIRA Membership, as set out in CIRA’s Amended and Restated By-law No.1, Policy on Membership and the Registry PRP, which are located on CIRA’s website at www.cira.ca/assets/Documents/Legal/Other/bylaw1.pdf, www.cira.ca/assets/Documents/Legal/Membership/membership.pdf, and www.cira.ca/en/PRP.html respectively.

ARTICLE 4
CERTAIN REGISTRANT OBLIGATIONS

4.1 Certain Registrant Obligations. Throughout the Term of this Agreement, the Registrant shall comply with and abide by all provisions of this Agreement and the Registry PRP. Furthermore, the Registrant shall, in accordance with this Agreement and the Registry PRP:

(a) submit Registration Information to CIRA upon request, and ensure at all times that the Registration Information is true, complete and accurate;

(b) promptly give notice to the Registrar of Record (for communication to CIRA), of any change to any Registration Information;

(c) comply with and observe all Applicable Laws;

(d) immediately give notice to CIRA of any pending or threatened claim, demand, action, cause of action, proceeding, lawsuit, investigation or application (collectively a “Claim”) in relation to any Domain Name Registration (or any judicial requests or orders to produce documents or information obtained from or supplied to the Registry) that became known to the Registrant;

(e) not engage in any direct or indirect activity which, in CIRA’s reasonable opinion, is designed to bring, or may bring, the Registry into disrepute, is designed to interfere, or may interfere, with CIRA’s operations or is designed to expose, or may expose, CIRA to prosecution or to legal action by the Registrant or a third party;

(f) act in good faith towards CIRA;

(g) not allow any third party to use or operate any Domain Name Registration registered in the name of the Registrant and not register any Domain Name as agent for, or on behalf of, any third party in any manner whatsoever, including without limiting the generality of the foregoing, for the purposes of lending, leasing, licensing or otherwise granting rights in such Domain Name Registration to any third party for monetary or non-monetary consideration, unless such third party: (i) otherwise qualifies under the applicable Registry PRP including without limitation CIRA’s Canadian Presence for Registrants which is located on CIRA’s website at www.cira.ca/assets/Documents/Legal/Registrants/CPR.pdf; or (ii) is an Affiliate of the Registrant. For this purpose, “third party” means any Person other than CIRA and the Registrant.

(h) be wholly responsible for the use and operation of any third, fourth, or further sub-level domain to any second level Domain Name Registration in the Registrant’s name and the Registrant shall ensure that the use and operation of any such sublevel domain is conducted in compliance with this Agreement and the Registry PRP;

(i) not use any trade-mark, trade-name or symbol of CIRA or any trade-mark, trade-name or symbol likely to be confused therewith; and

(j) be wholly responsible for taking, or ensuring that the Registrar of Record deletes a Domain Name Registration during the Auto-Renew Grace Period, as such term is defined in the General Registration Rules, if the Registrant does not wish that the Domain Name Registration be renewed.

4.2 No Conflict. The Registrant shall not enter into any agreement with any Registrar or any other person that is inconsistent with, or in any way, modifies, affects, overrides, limits, contradicts or cancels the terms and conditions of this Agreement and/or the Registry PRP. To the extent that the provisions of any such agreement conflict or are inconsistent with the provisions of this Agreement and/or the Registry PRP, the Registrant hereby agrees that the provisions of this Agreement and Registry PRP shall prevail and be binding on the Registrant for the benefit of CIRA.

ARTICLE 5
REGISTRATION INFORMATION

5.1 Consent to Use of Registration Information. The Registrant consents to the collection, use, storage and disclosure of Registration Information, including any personal information of the Registrant, as set out in CIRA’s Privacy Policy, which is located on CIRA’s website at: www.cira.ca/assets/Documents/Legal/Registrants/privacy.pdf.

5.2 Disclosure Procedure. For any Registration Information which is not made available in the WHOIS database, the Registrant acknowledges and agrees that: (a) such information will be maintained in the CIRA Registry and may be used and disclosed by CIRA as permitted herein and/or in the Registry PRP; and (b) CIRA shall have no liability for any claim, damage, loss or expense arising as a result of the disclosure of Registrant Information as permitted herein and/or the Registry PRP.

5.3 Third Party Correspondence. The Registrant acknowledges and agrees that CIRA may forward to the Registrant any correspondence from third parties and may exercise its discretion to refuse to forward such correspondence. The Registrant agrees that CIRA shall have no liability for any claim, damage, loss or expense arising as a result of CIRA reviewing, sending, delaying or failing to review or send any such correspondence to the Registrant. The Registrant further acknowledges and agrees that CIRA has no control over the content of information that may be sent to the Registrant via CIRA and that CIRA shall have no liability for any claim, damage, loss or expense arising as a result of any such content.

5.4 WHOIS. The Registrant acknowledges and agrees that CIRA has no control over how any person uses the information disclosed by CIRA through the WHOIS database, whether or not the information is subject to domestic or foreign privacy laws.

ARTICLE 6
REGISTRANT REPRESENTATIONS AND WARRANTIES

6.1 Representations and Warranties. The Registrant covenants, represents and warrants to CIRA as follows:

(a) Authorization. The Registrant has the power, authority and capacity to enter into this Agreement and all other documents and instruments contemplated by this Agreement and to carry out its obligations under this Agreement and such other documents and instruments.

(b) Registration Information. During the Term of this Agreement, all Registration Information is and at all times shall be true, complete and accurate and not misleading.

(c) No Infringement. During the Term of this Agreement, neither the registration of any Domain Name nor the manner in which the Registrant intends to use or uses such Domain Name will directly or indirectly infringe or otherwise violate the copyright, trade-mark, patent or other intellectual property or other rights of any person or defame any person or unlawfully discriminate against any person or breach any Applicable Laws.

(d) Qualification. During the Term of this Agreement, the Registrant meets and shall continue to meet all the requirements of this Agreement and the Registry PRP to: (a) be a Registrant, (b) apply for the registration of a Domain Name Registration, and (c) hold and maintain a Domain Name Registration, including without limitation CIRA’s Canadian Presence Requirements for Registrants, which is located on CIRA’s website at: www.cira.ca/assets/Documents/Legal/Registrants/CPR.pdf.

6.2 Survival. The Registrant acknowledges and agrees that the limitations on warranties, conditions and liabilities, and the representations and warranties of the Registrant contained herein shall forever survive the expiry or termination of this Agreement or any suspension or deletion of any Domain Name Registration.

ARTICLE 7
TERM; RIGHTS AND REMEDIES OF CIRA

7.1 Term. The term of this Agreement (the “Term”) shall commence effective upon the date that the Registrant enters into this Agreement with CIRA and shall continue in force until terminated as set out herein.

7.2 Restrictions on Domain Name Registrations. CIRA may, in accordance with this Agreement, the Registry PRP or, in its sole discretion and at its sole option, restrict the Registrant’s ability to renew, transfer, modify, or delete any or all of the Registrant’s Domain Name Registrations.

7.3 Suspension and/or Deletion of Domain Name Registrations. CIRA may, in its sole discretion and at its sole option, upon notice to the Registrant suspend and/or delete a Domain Name Registration within 30 days of the registration of the Domain Name for any reason whatsoever. CIRA may also, in its sole discretion and at its sole option, upon notice to the Registrant suspend and/or delete a Domain Name Registration in the event that:

(a) the Registration Information concerning such Domain Name Registration contains false, misleading, incomplete, and/or inaccurate information;

(b) the Registrar of Record fails to pay to CIRA when due any Fees payable by the Registrar of Record to CIRA with respect to a Domain Name Registration for any reason whatsoever;

(c) the Registrant breaches any term of this Agreement or any of the Registry PRP;

(d) the Registrant at any time fails to meet all of the requirements of this Agreement and/or the Registry PRP to: (a) be a Registrant, (b) apply for the registration of a Domain Name Registration, and/or (c) hold and maintain a Domain Name Registration, including without limitation CIRA’s Canadian Presence Requirements for Registrants, which is located on CIRA’s website at: www.cira.ca/assets/Documents/Legal/Registrants/CPR.pdf;

(e) the Registrant engages in any direct or indirect activity which in CIRA’s reasonable opinion: (1) brings, or may bring, the Registry into disrepute; (2) interferes, or may interfere, with the Registry and/or CIRA’s operations; and/or (3) exposes, or may expose, CIRA to prosecution or to legal action by the Registrant or a third party;

(f) maintaining the Domain Name Registration would put CIRA in conflict with requirements of Applicable Laws, or any applicable federal, provincial or territorial human rights legislation or the Criminal Code (Canada), or the terms of an order, ruling, decision or judgment of a court, tribunal, board, administrative body, commission or arbitrator;

(g) the deletion, transfer or suspension of a Domain Name Registration is required by an order or decision under CIRA’s Domain Name Dispute Resolution Policy or an order, ruling, decision or judgment of a court, tribunal, board, administrative body, commission or arbitrator; or

(h) the designation by the government of Canada of CIRA to manage, operate and control the Registry is terminated or CIRA is no longer recognized at the international level as having the exclusive authority to operate the Registry.

7.4 Suspension and/or Deletion by CIRA. In addition to CIRA’s other rights and remedies herein, CIRA may at its sole discretion and at its sole option suspend and/or delete any Domain Name Registration that it deems necessary to (1) protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of CIRA, as well as its officers, directors, and employees; or (4) to correct mistakes made by CIRA or any Registrar in connection with a Domain Name Registration.

7.5 Suspension and Deletion for Failure to Confirm Registration Information. CIRA may in its sole discretion and at its sole option immediately suspend a Domain Name Registration for failure by the Registrant to satisfactorily confirm the truth, accuracy and/or completeness of Registration Information upon CIRA’s request. During the period of suspension as prescribed by CIRA, the Registrant may at any time reactivate the suspended Domain Name Registration by satisfactorily confirming or correcting the Registration Information. If a Registrant fails to confirm the Registration Information in accordance with the Registry PRP within the period of suspension prescribed by CIRA, CIRA may, in its sole discretion, delete the Domain Name Registration.

7.6 Effect of Suspension. During any period in which a Domain Name Registration has been suspended pursuant to the provisions of this Agreement or the Registry PRP:

(a) the Domain Name Registration will not be included in the list of Domain Name Registrations transferred on a daily basis to the Registry’s primary domain name server and accordingly, an Internet user will not be able to send an email or access a web page which incorporates such Domain Name Registration;

(b) no transactions or activities associated with the Domain Name Registration and/or information concerning the Domain Name Registration will be possible, including without limitation, renewals, transfers, deletions, modifications or other requests or transactions;

(c) CIRA will continue to list such suspended Domain Name Registration in the WHOIS look up system of the Registry and the WHOIS look up system will indicate that the Domain Name Registration has been suspended;

(d) CIRA may reactivate the suspended Domain Name Registration at any time in its sole discretion; and

(e) CIRA may extend the period of suspension at any time for such period as CIRA may determine in its sole discretion.

7.7 Effect of Deletion of a Domain Name Registration. Upon the deletion by CIRA of a Domain Name Registration for any reason pursuant to this Agreement:

(a) the Registrant will no longer be entitled to the use of such Domain Name Registration and accordingly, an Internet user will not be able to send an email or access a web page which incorporates such Domain Name Registration;

(b) the Domain Name Registration will be deleted from the Registry and will be available for registration in the name of another person;

(c) CIRA will list the deleted Domain Name Registration as available in its WHOIS look up system; and

(d) if the Registrant is a Member, the Registrant will cease being a Member forthwith after deletion of the Domain Name Registration, unless the Registrant has at least one other Domain Name Registration.

7.8 Prohibition on New Registrations. CIRA, in its sole discretion, shall have the right to refuse any Registration Request from an Applicant if the Applicant previously had a Registrant Agreement terminated by CIRA.

7.9 Termination of Agreement by CIRA. CIRA may, in its sole discretion and at its sole option, terminate this Agreement by giving notice thereof to the Registrant (such termination to be effective on the date specified by CIRA in the notice) in the event that:

(a) the Registrant breaches any term of this Agreement or any of the Registry PRP, other than as set forth in Sections 7.8(b) through (g), and fails to cure that breach within 10 days of receipt of notice from CIRA;

(b) the Registrant disrupts or abuses CIRA’s registry services as determined by CIRA in its sole discretion, acting reasonably;

(c) all of the Domain Name Registrations registered in the name of the Registrant have been deleted or have expired;

(d) the designation by the government of Canada of CIRA to manage, operate and control the Registry is terminated or CIRA is no longer recognized at the international level as having the exclusive authority to operate the Registry;

(e) the Registrant files, or consents to the filing against it of, any petition for relief, reorganization or liquidation under any bankruptcy or insolvency law of any jurisdiction, or has any such petition filed against it that is not dismissed within 30 days thereafter;

(f) the Registrant makes a general assignment for the benefit of its creditors, or consents to the appointment of a custodian, receiver, trustee or other officer with similar powers over a substantial portion of its assets, or has any proceeding seeking such an appointment filed against it;

(g) an execution or any other process of any court shall become enforceable against the Registrant; and/or

(h) the Registrant ceases to carry on business in the normal course, dissolves or is wound up, or ceases to exist as the Person listed in the Registry.

7.10 Termination by Registrant. The Registrant shall be entitled (either directly or through the Registrar of Record) to terminate this Agreement at any time by giving 30 days notice to CIRA. The Registrant understands and agrees that there shall be no refund of any Fees in such event.

7.11 Effect of Termination of Agreement. Upon termination of this Agreement for any reason: (a) all Domain Name Registrations in the name of the Registrant shall be immediately and automatically deleted and they shall be made available for any other person to register; (b) in the case of a Registrant who is a Member, the immediate and automatic termination of the Registrant’s Membership in CIRA; and (c) Sections 5.1, 6, 7.9, 8, 9 and 10 of this Agreement shall survive.

ARTICLE 8
LIMITATIONS ON WARRANTIES, CONDITIONS, LIABILITY; INDEMNIFICATION

8.1 EXCLUSION OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE REGISTRANT EXPRESSLY UNDERSTANDS AND AGREES THAT:

ALL SERVICES PROVIDED BY CIRA, INCLUDING WITHOUT LIMITATION, THE PROVISION OF DOMAIN NAME REGISTRATIONS (“SERVICES”), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CIRA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, CIRA MAKES NO WARRANTY:

  • THAT THE REGISTRY WILL BE AVAILABLE AT ALL TIMES DURING THE TERM;
  • THAT THE SERVICES WILL BE TIMELY, SECURE OR ERROR FREE;
  • THAT THE SERVICES WILL BE FREE FROM BUGS OR VIRUSES;
  • WITH RESPECT TO THE ACCESSIBILITY, COMPATIBILITY OR INTEROPERABILITY OF THE REGISTRY OR THE SYSTEMS ACCESSED BY THE REGISTRAR(S) OF RECORD AND/OR THE REGISTRANT; OR
  • WITH RESPECT TO THE SECURITY OF THE REGISTRY OR ANY SYSTEMS ACCESSED BY THE REGISTRAR(S) OF RECORD AND/OR THE REGISTRANT.

8.2 LIMITATION OF LIABILITY. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, REGARDLESS OF THE FORM OR CAUSE OF ACTION WHETHER IN CONTRACT OR TORT OR THE NUMBER OF CLAIMS, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR CIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER IN RESPECT OF A BREACH OR DEFAULT IN THE NATURE OF A BREACH OF CONDITION OR FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH:

(A) CIRA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL NOT HAVE ANY LIABILITY TO THE REGISTRANT FOR ANY ECONOMIC, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOST REVENUES OR PROFITS) ARISING OUT OF OR RELATED TO THIS AGREEMENT, AND

(B) CIRA’S ENTIRE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT (OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY CLAIMS) SHALL BE LIMITED TO ACTUAL, DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE AMOUNT RECEIVED BY CIRA FROM THE REGISTRAR OF RECORD FOR THE DOMAIN NAME REGISTRATION THAT IS THE SUBJECT OF SUCH CLAIM.

FOR GREATER CERTAINTY, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THIS EXCLUSION OF LIABILITY SHALL APPLY TO ANY COSTS, LOSSES OR DAMAGES OF ANY KIND WHATSOEVER ARISING FROM OR RELATED TO ACCESS DELAYS OR INTERRUPTIONS TO THE REGISTRY, CIRA’S WEBSITE, ANY PRODUCT, SERVICE OR OPERATION (INCLUDING BUT NOT LIMITED TO E-MAIL AND VOIP) RELYING ON THE PROPER FUNCTION OF THE .CA DOMAIN, THE REGISTRANT’S WEBSITE, OR THE DOMAIN NAME REGISTRATION SYSTEM; ISSUES WITH THE DNS (“DOMAIN NAME SYSTEM”); UNAUTHORIZED USE OR MISUSE OF THE REGISTRATION INFORMATION; OR CIRA’S FAILURE OR REFUSAL TO REGISTER, RENEW, TRANSFER, MAINTAIN, MODIFY OR DELETE A DOMAIN NAME REGISTRATION. THE REGISTRANT ALSO AGREES TO BE BOUND BY THE LIMITATION OF LIABILITY CLAUSE IN THE CIRA DOMAIN NAME DISPUTE RESOLUTION POLICY.

8.3 Indemnity.

(a) The Registrant agrees to defend, indemnify and save CIRA and its contractors, agents, employees, officers, directors, Members, affiliates and assigns harmless from and against any and all damages, liabilities, obligations, losses, claims, demands, actions, causes of action, lawsuits, penalties, costs and expenses (including, without limitation, reasonable legal and other related costs) arising out of or in any way connected with the Registrant’s use of the Services, including without limitation the Registrant’s use of any Domain Name Registration, the Registrant’s violation of the Registrant Agreement or Registry PRP, or the Registrant’s violation of any rights of another person.

(b) If a Claim is made, or CIRA believes a Claim is likely, CIRA may seek written assurances from the Registrant concerning their obligation to indemnify CIRA. The Registrant acknowledges and agrees that its failure to provide those assurances may be considered by CIRA to be a material breach of this Agreement.

(c) CIRA shall have the right to participate in any defence by the Registrant of a third-party claim, with counsel of CIRA’s choice at CIRA’s own expense. CIRA shall reasonably cooperate in the defence at the Registrant’s request and expense. The Registrant must receive CIRA’s prior written consent regarding any related settlement of a Claim.

ARTICLE 9
LEGAL RELATIONSHIP

9.1 Independent Contractors. The legal relationship between CIRA and the Registrant and CIRA and each Registrar of Record is that of independent contractors. Under no circumstances shall this Agreement be construed to create a partnership, agency or joint venture between CIRA and the Registrant or CIRA and any Registrar(s) of Record.

9.2 No Agency. Neither party shall have any right, power or authority to act on behalf of the other party and neither party shall create any express or implied obligations or financial commitments on behalf of the other party.

9.3 Registrant Bound as a Principal. The Registrant agrees that the Registrant is bound as a principal by all of the terms and conditions of this Agreement, and the Registry PRP, notwithstanding that the Registrar of Record and/or an agent of the Registrant applied for the registration of the Registrant’s selected Domain Name(s) on behalf of the Registrant. The continued registration of the Registrant’s Domain Name Registrations shall ratify any unauthorized actions of the Registrar of Record and any such agent. In addition, the Registrant is responsible for any errors made by the Registrar of Record or any such agent.

ARTICLE 10
GENERAL TERMS

10.1 Notices. Any notice or other communication provided hereunder shall be in writing. Notices from CIRA to the Registrant shall be sent only by email to the email addresses listed in the Registration Information for the Registrant and/or the Registrant’s Administrative Contact, and will be deemed to have been given and received on the date on which they are sent. Notices from the Registrant to CIRA shall be sent by: (a) personal delivery, (b) courier, or (c) confirmed facsimile transmission, addressed to: General Counsel, CIRA 350 Sparks Street, Suite 306, Ottawa, Ontario K1R 7S8 and shall be effective on the earlier of: (i) confirmation of receipt or (ii) three days after the date of posting or transmission.

10.2 Time of Essence. Time is of the essence in this Agreement.

10.3 Further Assurances. Each party will promptly do, execute, deliver or cause to be done, executed and delivered all further acts, documents and things in connection with this Agreement that the other party may reasonably require, for the purposes of giving effect to this Agreement.

10.4 Successors and Assigns. This Agreement will enure to the benefit of, and be binding on, the parties and their respective administrators, executors or other legal representatives, successors and permitted and qualified assigns. CIRA may assign or transfer all or any part of its rights and obligations under this Agreement to any person The Registrant shall not assign or transfer, whether absolutely, by way of security or otherwise, all or any part of its rights or obligations under this Agreement without the prior written consent of CIRA, which consent shall be in CIRA’s sole discretion. Any such purported assignment or transfer, or attempt to so assign and transfer without CIRA’s prior written consent, shall be of no force and effect.

10.5 Entire Agreement. This Agreement (including the Registry PRP which are incorporated by reference herein) constitutes the entire agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written. There are no conditions, warranties, representations or other agreements between the parties in connection with the subject matter of this Agreement (whether oral or written, express or implied, statutory or otherwise) except as specifically set out in this Agreement.

10.6 Waiver. A waiver of any default, breach or non-compliance under this Agreement is not effective unless in writing and signed by the party to be bound by the waiver. No waiver will be inferred from or implied by any failure to act or delay in acting by a party in respect of any default, breach or non-observance or by anything done or omitted to be done by the other party. The waiver by a party of any default, breach or non-compliance under this Agreement will not operate as a waiver of that party’s rights under this Agreement in respect of any continuing or subsequent default, breach or non-observance (whether of the same or any other nature).

10.7 Severability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and will be severed from the balance of this Agreement, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.

10.8 Governing Law; Attornment. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in that Province and will be treated, in all respects, as an Ontario contract. The Registrant agrees to submit to the personal and exclusive jurisdiction of a court of competent jurisdiction in the City of Ottawa in the Province of Ontario.

10.9 Force Majeure. Neither party shall be deemed to be in default hereunder for any delay or failure to perform its obligations under this Agreement resulting from causes beyond its reasonable control. Each party will use its best efforts to anticipate such delays and failures, and to devise means to eliminate or minimize them.

10.10 Remedies Cumulative. The rights and remedies of CIRA under this Agreement are cumulative and no exercise or enforcement by CIRA of any right or remedy hereunder shall preclude the exercise or enforcement by CIRA of any other right or remedy hereunder or to which it is otherwise entitled by law to enforce.

10.11 Language. The parties to this Agreement have required that this Agreement and all deeds, documents and notices relating to this Agreement, be drawn up in the English language. Les parties aux présentes ont exigé que le présent contrat et tous autres contrats, documents ou avis afférents aux présentes soient rédigés en langue anglaise.

ICANN Domain Verification Policy

In order to fulfill our contractual obligations under ICANN’s 2013 RAA, Elastihost may send you a verification request to confirm your WHOIS contact information for all unverified domain registrations and Registrant contact modifications.

The email will be sent from the email address “do-not-reply@elastihost.com”. You will have a 15-day window from the time of the contact change to verify the address. After 15 days, the domain(s) associated with this Registrant contact will be taken offline until the email address is verified.

SERVICE OF PROCESS: SUBPOENAS, WARRANTS, COURT ORDERS

Elastihost respectfully requests that all subpoenas, warrants, or other orders be personally served upon our Texas Registered Agent:

LEGALINC CORPORATE SERVICES INC.
10601 Clarence Dr, Suite 250
Frisco TX 75033

While we accept service at our corporate headquarters, serving our Registered Agent will result in immediate notifications to our Legal team and quicker turnaround times.

Please note that Elastihost does not accept subpoenas, warrants, or other court orders by email or physical mail (including certified mail). All data requests and orders of this nature must be personally served according to federal guidelines. Elastihost will not process any subpoenas, warrants, or other court orders unless they have been personally served upon either to Elastihost or LEGALINC CORPORATE SERVICES by a valid process server.

Preservation Requests

Elastihost accepts preservation requests from law enforcement in connection with official criminal investigations. Pursuant to 18 USC § 2703(f), we’ll preserve the requested account records for a 90-day period pending our receipt of formal legal process. We will also accept one 90-day extension if received within the first 90-day period.

Note that preserved data will be deleted immediately following the current 90 day period if we are not sent an extension or served with a production order. The statute does not provide for additional extensions, so the maximum time we will preserve data for is 180 days.

Preservation requests can either be served upon our Registered Agent (see address above), can be mailed to legal@elastihost.com, or can be physically mailed to:

Legal Department
Elastihost
707 Wilshire Boulevard, Suite 5050
Los Angeles, CA 90017

General Legal Questions

For inquiries regarding service of process or other legal questions, email us at legal@elastihost.com. Please note that emails and inquiries of any other nature will be ignored.

Let’s Encrypt Terms of Service

Greetings! The Internet Security Research Group (ISRG) that manages Let’s Encrypt now requires Elastihost to act as the named party in their certificate agreements. ISRG has published a new Let’s Encrypt Subscriber Agreement, which we accept on behalf of our customers.

Not so fast, though! We’re in this together, so we ask that you review and accept all of the terms in the Subscriber Agreement that ISRG provides. By installing and using Let’s Encrypt through Elastihost, you agree to be bound by the entire Subscriber Agreement (especially Section 3.1!), and understand that Elastihost reserves the right to take any and all action to remedy violations to the Subscriber Agreement or any other Elastihost terms of service.

If you are already using Let’s Encrypt, your continued use of these services indicates that you have read and accepted these terms and the Let’s Encrypt Subscriber Agreement. If you do not agree with any of these terms, your only remedies are to contact Tech Support to have your certificates revoked, or close your Elastihost account.

Please note that all Elastihost Terms of Service protections, such as our indemnification and liability waivers, still apply.

The Let’s Encrypt Subscriber Agreement is updated by ISRG, and is provided through the following link: https://letsencrypt.org/repository/. For convenience, we have provided the updated agreement below. While Elastihost will update this page whenever there is a change to the agreement, it is your responsibility to check both this page and Let’s Encrypt’s repository for updates. Your continued use of Let’s Encrypt means that you agree to be bound by all of the contractual terms and any changes to both ISRG’s and Elastihost’s programs. We also reserve the right to modify or cancel this agreement at any time without notice.

Let’s Encrypt Subscriber Agreement
Version 1.2
Effective:
July 7, 2020

LET’S ENCRYPT
SUBSCRIBER AGREEMENT

This Subscriber Agreement (“Agreement”) is a legally binding contract between you and, if applicable, the company, organization or other entity on behalf of which you are acting (collectively, “You” or “Your”) and Internet Security Research Group (“ISRG,” “We,” or “Our”) regarding Your and Our rights and duties relating to Your acquisition and use of SSL/TLS digital certificates issued by ISRG. If you are acting on behalf of a company, organization or other entity, You represent that you have the authority to bind such entity to this Agreement.

1. Definitions and Terms

“ACME Client Software” — A software application that uses the ACME protocol to request, accept, use or manage Let’s Encrypt Certificates.

“Certificate” — A computer-based record or electronic message issued by an entity that associates a “Public Key” with an Internet domain name or other technical identifiers and is Digitally Signed by the issuing entity.

“CRL” — A database or other list of Certificates that have been revoked prior to the expiration of their Validity Period.

“Digital Signature/Digitally Sign” — The transformation of an electronic record by one person, using a Private Key and Public Key Cryptography, so that another person having the transformed record and the corresponding Public Key can accurately determine (i) whether the transformation was created using the Private Key that corresponds to the Public Key, and (ii) whether the record has been altered since the transformation was made. A Digital Signature need not incorporate a handwritten signature.

“Key Pair” — Two mathematically-related keys (a Private Key and its corresponding Public Key), having the properties that (i) one key can be used to encrypt a message (i.e., create a Digital Signature) that can only be decrypted using the other key (i.e., verify the Digital Signature), and (ii) even while knowing or possessing one key (e.g., the Public Key), it is computationally difficult or infeasible to discover the other key (e.g., the Private Key).

“Let’s Encrypt Certificate” — A Certificate issued by ISRG under the Let’s Encrypt name.

“Private Key” — A key kept secret by its holder and which is used in Public Key Cryptography to create Digital Signatures and to decrypt messages or files that were encrypted with the corresponding Public Key.

“Public Key” — In Public Key Cryptography, this is the publicly-disclosed key that is used by the recipient to (i) validate Digital Signatures created with the corresponding Private Key and (ii) encrypt messages or files to be decrypted with the corresponding Private Key.

“Key Compromise” — A Private Key is said to be compromised if its value has been disclosed to an unauthorized person, an unauthorized person has had access to it, or there exists a practical technique by which an unauthorized person may discover its value. A Private Key is also considered compromised if methods have been developed that can easily calculate it based on the Public Key or if there is clear evidence that the specific method used to generate the Private Key was flawed.

“Public Key Cryptography” — A type of cryptography that uses a Key Pair to securely encrypt and decrypt messages. One key encrypts a message, and the other key decrypts the message. One key is kept secret (the Private Key), and one is made available to others (the Public Key). These keys are, in essence, large mathematically-related numbers that form a unique pair. Either key may be used to encrypt a message, but only the other corresponding key may be used to decrypt the message.

“Repository” — An online system maintained by ISRG for storing and retrieving Let’s Encrypt Certificates and other information relevant to Let’s Encrypt Certificates, including information relating validity or revocation.

“Validity Period” — The intended term of validity of a Certificate, beginning with the date of issuance (“Valid From” or “Activation” date), and ending on the expiration date indicated in such Certificate (“Valid To” or “Expiry” date).

“Your Certificate” — A Let’s Encrypt Certificate issued to You.

2. Effective Date, Term, and Survival

2.1 Effective Date of Agreement

This Agreement is effective once You request that ISRG issue a Let’s Encrypt Certificate to You.

2.2 Term

Each of Your Certificates will be valid for the Validity Period indicated in such Certificate unless revoked earlier. This Agreement will remain in force during the entire period during which any of Your Certificates are valid, continuously so as to include any renewal periods (including automatic renewals). Once You no longer possess any valid Let’s Encrypt Certificate, this Agreement will terminate.

2.3 Survival

Sections in this Agreement concerning privacy, indemnification, disclaimer of warranties, limitations of liability, governing law, choice of forum, limitations on claims against ISRG, and prohibitions on the use of fraudulently-obtained Certificates and expired Certificates shall survive any termination or expiration of this Agreement.

3. Your Warranties and Responsibilities

3.1 Warranties

By requesting, accepting, or using a Let’s Encrypt Certificate:

  • You warrant to ISRG and the public-at-large that You are the legitimate registrant of the Internet domain name that is, or is going to be, the subject of Your Certificate, or that You are the duly authorized agent of such registrant.
  • You warrant to ISRG and the public-at-large that either (1) You did not obtain control of such domain name as the result of a seizure of such domain name, or (2) such domain name had no ongoing lawful uses at the time of such seizure.
  • You warrant to ISRG and the public-at-large that all information in Your Certificate regarding You or Your domain name is accurate, current, reliable, complete, and not misleading.
  • You warrant to ISRG and the public-at-large that all information You have provided to ISRG is, and You agree that all information you will provide to ISRG at any time will be, accurate, current, complete, reliable, and not misleading.
  • You warrant to ISRG and the public-at-large that You rightfully hold the Private Key corresponding to the Public Key listed in Your Certificate.
  • You warrant to ISRG and the public-at-large that You have taken, and You agree that at all times You will take, all appropriate, reasonable, and necessary steps to maintain control of, secure, properly protect and keep secret and confidential the Private Key corresponding to the Public Key in Your Certificate (and any associated activation data or device, e.g. password or token).

3.2 Changes in Certificate Information

If at any time You no longer control the Internet domain names associated with any of Your Certificates, or if any of the warranties in Section 3.1 above are no longer true with respect to any of Your Certificates in any other way, You will immediately request that ISRG revoke the affected Certificates. You may request replacement Let’s Encrypt Certificates before revoking the affected Certificates, provided that the warranties in Section 3.1 above are true with respect to the replacement Certificates.

3.3 Certificate Issuance

The contents of Your Certificates will be based on the information You or Your ACME Client Software sends to ISRG.

If ISRG accepts your request for a Let’s Encrypt Certificate, ISRG will create Your Certificate and it will be provided to You through the ACME protocol. If ISRG is unable to confirm your identity or authorization, Your request may be denied.

ISRG may, in its sole discretion, refuse to grant Your request for a Let’s Encrypt Certificate, including for any lawful reason stated or not stated in this Agreement.

3.4 Key Pair Generation

Your Key Pair (Public and Private Keys) will be generated by You or Your ACME Client Software on Your systems. You will submit the corresponding Public Key to ISRG and it will be incorporated into Your Certificate. ISRG will store Your Certificate in its Repository. ISRG will not have access to Your Private Key. Your Private and Public Keys will remain Your property.

We will use technical methods and protocols to verify that You have control over the subject Internet domain name. This verification is done solely to assist ISRG in determining whether to issue a Let’s Encrypt Certificate and is not a service being performed for Your benefit or on Your behalf.

3.5 Inspection and Acceptance of Certificates

You warrant to ISRG and the public-at-large, and You agree, that You will immediately inspect the contents of Your Certificate (“Initial Inspection”), and to immediately request revocation if you become aware of any inaccuracies, errors, defects, or other problems (collectively, “Certificate Problems”) with Your Certificate. Your ACME Client Software may perform this task for You. You agree that You will have accepted Your Certificate when You first use Your Certificate or the corresponding Private Key after obtaining Your Certificate, or if You fail to request revocation of Your Certificate immediately following Initial Inspection.

3.6 Installation and Use of Your Certificate

You may reproduce and distribute Your Certificate on a nonexclusive and royalty-free basis, provided that it is reproduced and distributed in full and in compliance with this Agreement. You warrant to ISRG and the public-at-large, and You agree, that You will install Your Certificate only on servers that are accessible at the subjectAltName(s) listed in Your Certificate, and that you will use Your Certificate solely in compliance with all applicable laws and solely in accordance with this Agreement. Your Certificate will remain the property of ISRG, subject to Your right to use it as set forth in this Agreement.

The purpose of Your Certificate is to authenticate and encrypt Internet communications. ISRG is not responsible for any legal or other consequences resulting from or associated with the use of Your Certificate. You agree that You will not use Your Certificate for any purpose requiring fail-safe performance, such as the operation of public utilities or power facilities, air traffic control or navigation systems, weapons systems, or any other systems, the failure of which would reasonably be expected to lead to bodily injury, death or property damage.

3.7. When to Revoke Your Certificate

You warrant to ISRG and the public-at-large, and You agree, that You will immediately request that Your Certificate be revoked if: (i) there is any actual or suspected misuse or Key Compromise of the Private Key associated with the Public Key included in Your Certificate, or (ii) any information in Your Certificate is, or becomes, misleading, incorrect or inaccurate. You may make a revocation request to ISRG using ACME Client Software. You should also notify anyone who may have relied upon Your use of Your Certificate that Your encrypted communications may have been subject to compromise.

3.8 When to Cease Using Your Certificate

You warrant to ISRG and the public-at-large, and You agree, that You will promptly cease using Your Certificate (i) if any information in Your Certificate is, or becomes, misleading, incorrect or inaccurate, or (ii) upon the revocation or expiration of Your Certificate.

3.9 When to Cease Using Your Private Key

You warrant to ISRG and the public-at-large, and You agree, that You will promptly cease all use of the Private Key corresponding to the Public Key included in Your Certificate upon revocation of Your Certificate for reasons of known or suspected Key Compromise.

3.10 Indemnification

You agree to indemnify and hold harmless ISRG and its directors, officers, employees, agents, and affiliates from any and all liabilities, claims, demands, damages, losses, costs, and expenses, including attorneys’ fees, arising out of or related to: (i) any misrepresentation or omission of material fact by You to ISRG, irrespective of whether such misrepresentation or omission was intentional, (ii) your violation of this Agreement, (iii) any compromise or unauthorized use of Your Certificate or corresponding Private Key, or (iv) Your misuse of Your Certificate. If applicable law prohibits a party from providing indemnification for another party’s negligence or acts, such restriction, or any other restriction required by law for this indemnification provision to be enforceable, shall be deemed to be part of this indemnification provision.

4. ISRG’s Rights and Responsibilities

4.1 Privacy

Because others may rely on your use of Your Certificates to encrypt Internet communications, much of the information You send to ISRG will be published by ISRG and will become a matter of public record. ISRG’s collection, storage, use and disclosure of such information are governed by the Let’s Encrypt Privacy Policy at: https://letsencrypt.org/privacy/.

4.2 Certificate Repository

During the term of the Agreement, ISRG will operate and maintain a secure online Repository that is available to authorized relying parties that contains: (i) all past and current Let’s Encrypt Certificates (including, as applicable, Your Certificate) and (ii) a CRL or similar online database indicating whether Let’s Encrypt Certificates are valid, suspended, and/or revoked. ISRG will publish Your Certificate in the Repository and will indicate whether it is valid, suspended, revoked, and/or expired. ISRG will allow the public to access this information.

4.3 Suspension and Revocation

You acknowledge and accept that ISRG may immediately suspend Your Certificate if any party notifies ISRG that Your Certificate is invalid or has been compromised. ISRG will determine, in its sole discretion, whether to revoke Your Certificate. If You or Your agent requests that Your Certificate be revoked, ISRG will revoke Your Certificate and update the Repository as soon as practical. If a request for revocation is signed by your Private Key, then ISRG will automatically deem the request to be valid. You also acknowledge and accept that ISRG may, without advance notice, immediately revoke Your Certificate if ISRG determines, in its sole discretion, that: (i) Your Certificate was not properly issued or was obtained through misrepresentation, concealment, or fraud; (ii) Your Certificate has become, or appears to have become, unreliable; (iii) the security of the Private Key corresponding to Your Certificate has been or may be stolen, lost, or otherwise compromised, or subject to unauthorized use; (iv) any information in Your registration with ISRG or Your request for a Let’s Encrypt Certificate has changed or has become false or misleading; (v) You have violated any applicable law, agreement (including this Agreement), or other obligation; (vi) Your Certificate is being used, or has been used, to enable any criminal activity (such as phishing attacks, fraud or the distribution of malware); (vii) Your Certificate is being used, or has been used, to intercept the traffic of others; (viii) You request revocation; (ix) ISRG is legally required to revoke Your Certificate pursuant to a valid court order issued by a court of competent jurisdiction; (x) this Agreement has terminated; or (xi) there are other reasonable and lawful grounds for revocation. ISRG will provide notice of revocation via email to the email address of record.

4.4 IMPORTANT DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN ISRG’S CERTIFICATE POLICY AND CERTIFICATE PRACTICE STATEMENT, LET’S ENCRYPT CERTIFICATES AND SERVICES ARE PROVIDED “AS-IS” AND ISRG DISCLAIMS ANY AND ALL WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH ANY ISRG SERVICE OR LET’S ENCRYPT CERTIFICATE.

BECAUSE LET’S ENCRYPT CERTIFICATES ARE ISSUED FREE-OF-CHARGE AS A PUBLIC SERVICE, ISRG CANNOT ACCEPT ANY LIABILITY FOR ANY LOSS, HARM, CLAIM, OR ATTORNEY’S FEES IN CONNECTION WITH SUCH CERTIFICATES. ACCORDINGLY, YOU AGREE THAT ISRG WILL NOT BE LIABLE FOR ANY DAMAGES, ATTORNEY’S FEES, OR RECOVERY, REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR COMPENSATORY, EVEN IF ISRG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES IRRESPECTIVE OF THE THEORY OF LIABILITY, I.E., WHETHER THE THEORY OF LIABILITY IS BASED UPON CONTRACT, WARRANTY, INDEMNIFICATION, CONTRIBUTION, TORT, EQUITY, STATUTE OR REGULATION, COMMON LAW, OR ANY OTHER SOURCE OF LAW, STANDARD OF CARE, CATEGORY OF CLAIM, NOTION OF FAULT OR RESPONSIBILITY, OR THEORY OF RECOVERY. THE PARTIES AGREE THAT THIS DISCLAIMER IS INTENDED TO BE CONSTRUED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

BY WAY OF FURTHER EXPLANATION REGARDING THE SCOPE OF THE DISCLAIMER, AND WITHOUT WAIVING OR LIMITING THE FOREGOING IN ANY WAY, ISRG DOES NOT MAKE, AND ISRG EXPRESSLY DISCLAIMS, ANY WARRANTY REGARDING ITS RIGHT TO USE ANY TECHNOLOGY, INVENTION, TECHNICAL DESIGN, PROCESS, OR BUSINESS METHOD USED IN EITHER ISSUING LET’S ENCRYPT CERTIFICATES OR PROVIDING ANY OF ISRG’S SERVICES. YOU AFFIRMATIVELY AND EXPRESSLY WAIVE THE RIGHT TO HOLD ISRG RESPONSIBLE IN ANY WAY, OR SEEK INDEMNIFICATION AGAINST ISRG, FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING PATENT, TRADEMARK, TRADE SECRET, OR COPYRIGHT.

5. Additional Terms

5.1 Governing Law

The parties agree that the laws of the State of California govern this Agreement, irrespective of California’s choice of law and conflicts of law principles.

5.2. Choice of Forum

Any claim, suit or proceeding arising out of this Agreement must be brought in a state or federal court located in San Jose, California.

5.3 Limitation on Claims against ISRG

Any claim, suit or proceeding against ISRG arising out of this Agreement must be commenced within one year of any alleged harm, loss, or wrongful act having occurred.

5.4 No Third-Party Beneficiary

This Agreement does not create rights in favor of any third parties. Furthermore, it is the express intent of the parties that this Agreement shall not be construed to confer any rights on any third party.

5.5 Entire Agreement

This Agreement, together with any documents incorporated by reference in any of the foregoing, constitutes the entire Agreement between You and ISRG concerning the subject matter hereof.

5.6 Amendment

ISRG may modify this Agreement from time to time. Each modified version of this Agreement will be posted to ISRG’s Let’s Encrypt website (letsencrypt.org) at least fourteen (14) days before it becomes effective. If such new version contains material changes and You have provided ISRG with an email address, ISRG will send an email to such address notifying You of such new version at least fourteen (14) days before it becomes effective. In addition, major changes will be flagged with a new Subscriber Agreement version number in the ACME protocol, so You may be able to configure Your ACME Client Software to notify You of such changes.

5.7 Severability

If any provision of this Agreement is found to be invalid, unenforceable, or contrary to law, then the Agreement will be deemed amended by modifying such provision to the extent necessary to make it valid and enforceable while preserving its intent or, if that is not possible, by striking the provision and enforcing the remainder of this Agreement.

5.8 Authorization of ISRG to Send Emails

By requesting, accepting or using a Let’s Encrypt Certificate, You authorize ISRG to send You emails relating to the renewal or revocation of Your Certificates, or to Your request, acceptance, or use of Let’s Encrypt Certificates.

ISRG may send You such emails using any email address You provide to ISRG or any commonly-accepted contact email address for the domain names associated with Your Certificates, such as WHOIS domain contacts or common administrative email addresses.

Privacy Policy

Last Updated:

July 7, 2020

Elastihost’s Vision Statement: People have the freedom to choose how their digital content is shared.

This Privacy Policy explains what we do to minimize the data we process and to protect that which we do collect. We recommend that you read this Policy in full.

If you have questions about our practices or any of your rights described below, you may contact us at privacypolicy@elastihost.com. This inbox is actively monitored and managed so that we can deliver an experience you can trust.

1. Who we are, our Services and our Website

1.1 Elastihost offers a variety of services to customers (“you”) which range from hosting and website services (including shared, VPS, and dedicated hosting, WordPress hosting, email hosting (the “Hosting Services”)), cloud services (the “Cloud Services”) and domain registration services (the “Domain Registration Services”) among others.

1.2 The services offered by Elastihost are collectively referred to as the Services in this Notice.

1.3 We also have a website (the “Website”) where website visitors, prospective customers and potential job applicants can find out more about us and our Services.

2. Hosting and Cloud Services

This section explains our privacy practices in relation to the data we collect when we provide Hosting and Cloud Services to you.

In this section, “client” refers to businesses to which we provide the Hosting and Cloud Services.

2.1 What information do we collect when we provide Hosting and Cloud Services

2.1.1 When clients use our Hosting and Cloud Services, they provide us with third party data. We only collect this data in accordance with our client’s instructions. This means that our clients are in control of the data they upload to our platforms.

2.1.2 We enter into agreements with our clients that set out our legal obligations in relation to that data, and explain that we may only use such data to provide the Services to our client (i.e. to provide Hosting Services, Cloud Services or the Domain Registration Services). In many legal jurisdictions, particularly those within the European Economic Area (“EEA”), Elastihost is considered to be a “data processor” in relation to such client data. Each of our clients would be considered to be a “data controller”. As a controller, each Elastihost client is responsible for complying with the requirements for controllers under the General Data Protection Regulation (“GDPR”) which requires notice, disclosure and specific legal bases for transferring data to Elastihost and using the Hosting and Cloud Services. As a processor, Elastihost has some – but not all – of those responsibilities.

2.1.3 If you would like more information about the data collected by a particular Elastihost client and, in turn, transferred to Elastihost, please refer to that client’s privacy notice which would typically be located on their website.

2.1.4 There are instances in which we act as a data controller. The rest of this Privacy Policy explains our data collection practices in those circumstances.

2.2 Information that you provide

2.2.1 The personal information we collect from you when we provide you with Services will depend on the type of service or support you require.

2.2.2 Some personal information is collected directly from you when you:

  • (a) create an account or purchase any of our Services (for example, billing information, contact information, credit card number and in certain circumstances, government identification);
  • (b) request assistance from our technical support team (for example, your phone number or email address);
  • (c) log in to your account, such as your log-in credentials (for example, your username and password);
  • (d) complete contact forms or request newsletters or other information from us (for example, your email address); or
  • (e) participate in surveys or contests or participate in activities we promote which might require information from you.

2.2.3 We will also collect and process other data that might be less obvious to you. For example, account-related information is collected in association with your use of the Services (like the types of services you have used, your payment history, the amount of your payments, your domain name, information about when products renew or expire, customer service requests, information requests, etc.).

2.2.4 Some of this data may be personal data. We may use this information to contact you from time to time about our products, promotions and other services that relate to your account. You can manage and choose the information you want to receive. Please see Section 11 for more information.

2.2.5 Most of the personal information that we collect is necessary to keep all of our Services functional and accessible by you. If we’re asking for personal information beyond this scope, we’ll make sure to clearly let you know why we need it (and what the effects of not providing it may be).

2.3 Information we collect automatically

2.3.1 When you use our Hosting Services, we may collect certain information automatically from your device. This may include information like your IP address, your device type, any unique device identification numbers, browser types, information about your broad geographic location (for example, country or city level location) and other technical information that may identify you.

2.3.2 By way of example, data about usage of services is automatically collected when you use and interact with our Services, including metadata, log files and cookie/device IDs. This information includes specific data about your interactions with the features, content and links (including those of third parties, such as social media plugins) contained within the Services as well as the information listed in the previous paragraph.

2.4 Information we collect from third party sources

2.4.1 In our capacity as a data controller, we may collect information from third parties. This may include information from partners in order to maintain functionality of your Services (such as domain name registrations and third-party email suites). We may combine this data with information we already have so that we can properly update, analyze, and expand our Services. This information will only be used for the specific reason for which it was provided to us.

Our Website

3. What information do we collect when you use or visit our website?

3.1.1 Information you provide

Elastihost receives and stores information you provide to us though your use of the Website.

We may collect and store information about your visits and interactions with the Website that does not directly identify you, but is automatically received and recorded by us through use of cookies or other services. We use cookies or similar services to analyze trends, administer the website, track users’ movements around the website and to gather demographic information about our user base. You can control the use of cookies by selecting appropriate settings in your browser. If you choose to disable cookies, it may limit your use of certain functions on the Website.

Additionally, we gather certain information automatically and store it in log files. This information may include IP addresses, browser type, internet service provider, referring / exit pages, operating system, date / time stamp and / or clickstream data.

We may combine this automatically-collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics or site functionality.

Our Website contains social media features such as the Facebook button and other widgets that operate on our Website. These features may collect information such as your IP address and the pages you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Website. Your interactions with these features are governed by the privacy statement of the company providing the applicable feature.

[Targeted advertisements or interest based offers may be presented to you based on your activities on our webpages, other websites and based on products you currently own. These offers will display as varying product banners presented to you while browsing. We also partner with third parties to manage our advertising on our webpages and other websites. Our third party partners may use features like cookies to gather information about such activities in order to provide you with advertising based upon your browsing activities and interests and to measure advertising effectiveness. If you wish to opt out of interest-based advertising click here.

How We Use Cookies

We use the following types of cookies:

  • Persistent Cookies: We use persistent Cookies to improve your experience of using the site. This includes recording your “Accept Cookies” consent which first appears when you use the site.
  • Session Cookies: Session Cookies are temporary and deleted from your machine when your web browser closes. We use session Cookies to help us track internet usage as described above.
  • Third Party Cookies: Third party cookies from YouTube, Google, and other similar services may be in use on the site, depending on whether videos are currently embedded in content, etc.

You may refuse to accept browser Cookies by activating the appropriate setting on your browser (See Section 9). However, if you select this setting you may be unable to access certain parts of the site. Unless you have adjusted your browser setting so that it will refuse Cookies, our system will issue Cookies when you direct your browser to our site.

4. Domain Registration Services

4.1 We will share your information (such as WHOIS info) to the extent necessary to comply with ICANN or any other regulations and policies when you register a domain name with us.

General Data Processing Information in Connection with our Services and the Website

5. How do we use the information we collect about you?

5.1 To the extent that we are a data controller, we use the information collected through your use of our Services for the following purposes:

  • (a) to improve and optimize the operation and performance of our Services to you, and for the Website;
  • (b) to carry out obligations arising under agreements entered into between you and Elastihost;
  • (c) to diagnose problems and identify security risks, errors or needed enhancements to the Services;
  • (d) for research regarding the effectiveness of our Services, the Website and related marketing, advertising and sales efforts;
  • (e) to respond to your support requests, and to communicate with you though email, via the website and livechat, text messages, telephone calls or automated phone calls or text messages;
  • (f) to provide you with information about our products and services; and
  • (g) to investigate, prevent or act regarding illegal activities, suspected fraud or otherwise as required by law.

5.2 Often, much of the data is aggregated or statistical data about how people use our Services or Website and is not linked to any personal data. To the extent that this data is itself personal data, or is linked to personal data, we treat it accordingly.

6. Our legal basis for processing personal information

6.1 Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.

6.2 If we ask you to provide personal information to comply with a legal requirement or to perform our contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information while relying on our legitimate interests (or those of a third party), we will make clear to you at the relevant time what those legitimate interests are.

7. With whom do we share your information?

7.1 With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with us, we will not provide to or sell to any third party your personal information and will keep all such data confidential. For example, we share information with third parties where the functionality and maintenance of our Services depends on it (such as sharing data with domain registries in order to maintain your Services or domain registrations).

Third parties and trusted affiliates or associates

7.2 We may contract with third parties to assist us in optimizing our Services, including assistance related to the authorization and processing of payments, fulfilment of service requests, and requests for assistance.

7.3 We may utilize third-party platforms to provide web-based and email-based advertisements for our Services after you have visited and left our Website.

7.4 We also use web analytics services to improve the usability of our customer experience. These services may record anonymous data such as mouse clicks, movement, and scrolling activity, but we’ll never use them to collect personal data from you. We only use this data internally to help us understand and enhance your Elastihost experience.

Law enforcement

7.5 Elastihost’s primary business operations are located in Texas in the United States and we are subject to the laws and regulations in that jurisdiction. We may be called upon by various law enforcement agencies to comply with ongoing investigations. Compliance may include the secure handover of client data to a legally-authorized government agency.

7.6 Outside the United States, Elastihost may also be required to disclose personal information to other law enforcement bodies, regulatory, government agency, court or other third party in compliance with applicable laws or regulation to which Elastihost may be subject.

7.7 We will only disclose this information where we believe disclosure is necessary (i) as a matter if applicable law or regulation (ii) to exercise or defend our legal rights or (iii) to protect your vital interests or those of any other person.

8. Your data protection rights

8.1 Depending on your jurisdiction of residence, you may have the data protection right to access, correct, update, or to request deletion of your personal information.

8.2 If you are a resident of the EEA you also have the following data protection rights:

  1. you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information.
  2. if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
  3. you have the right to complain to a data protection authority about our collection and use of your personal information. Contact details for data protection authorities in the EU are available here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

Elastihost does not, and does not intend to, sell personal information as “selling” is defined under the California Consumer Protection Act (“CCPA”).

California residents who wish to submit requests for information pursuant to Sections 1798.110 and 1798.115 of the CCPA may do so by emailing privacypolicy@elastihost.com.

9. Your Choices

9.1 Contact information: Elastihost customers with established accounts may review and alter the contact information associated with their Elastihost account(s) in the Elastihost Panel.

9.2 Web-based advertisements: Elastihost and its advertising partners comply with “opt out” signals provided either by a user’s web browser automatically, by a user manually opting-out of web-based advertisements at http://www.networkadvertising.org/choices/.

9.3 Email marketing: To unsubscribe from promotional marketing emails you can click the unsubscribe link in a promotional email or modify your preferences on the Privacy page of the Elastihost Panel.

9.4 Cookies and other tracking technologies:

For information on how to manage cookie settings click on the links below:

Cookie settings in Chrome

Cookie settings in Firefox

Cookie settings in Internet Explorer

Cookie settings in Safari

10. Security: how we keep your information secure?

We use appropriate technical and organizational measures to protect the personal information that we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. Specific measures we use include reducing log retention where possible to the minimum level required to enable our systems administration and security staff to ensure services are running smoothly.

11. Processing in the United States

11.1 Your personal information may be processed in countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country, and in some cases, may not be as protective. Specifically, our Website servers are located in the United States. This means that when we collect your personal information, we likely process it in the United States. We have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Policy.

12. Data retention and deletion

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements, to enforce our agreements or comply with our legal obligations). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing, until deletion is possible.

13. Third-party websites

The Website and our Services may contain links to third-party websites. We are not responsible for the privacy practices or the content of third-party sites. Please read the privacy policy of any website you visit.

14. Changes to your Privacy Policy

We may change this Privacy Policy from time to time to reflect changes in our practices or in the applicable law. You will be able to tell when the policy was last updated as we will revise the date at the top of the Policy. In some cases, we may provide you with additional notice (such as adding a statement to the website, via the newsletter, or sending you a notification). By continuing to access or use the Services after changes become effective, you agree to be bound by the revised Privacy Policy.

15. Questions and complaints

If you have any questions about our Privacy Policy, please contact us using the following details:

privacypolicy@elastihost.com

or

Attn: Legal
Elastihost
10601 Clarence Dr, Suite 250
Frisco TX 75033

Professional Services

Last Updated: July 7, 2020

Services and Renewals

Elastihost offers a variety of professional services ranging from web design to SEO marketing (collectively the “Services”). Services may be recurring or non-recurring. If Services are recurring, they will automatically renew at the end of the original billing term for the same price and for the same time period. Any products or services included with the Service as part of a “bundle” or promotional offer will automatically renew at the end of the promotional period for the then-current full retail price unless you notify Elastihost of your intention to discontinue the promotional service at least 30 calendar days prior to the renewal.

Recurring Services may be canceled by providing notice to Elastihost via email at proservices@elastihost.com at least 7 calendar days prior to the end of the current Service term. Otherwise, the Service will renew for an additional term until canceled.

Customer’s Obligations

As a customer of these Services, you understand and agree:

  • – To accurately and succinctly communicate all information, objectives, and desires that are required to successfully execute the Service.
  • – To be readily available for communication with our team members for the purposes of coordination and execution of the Service.
  • – That communication delays on your part may adversely impact timelines for execution and the effectiveness of the Service.
  • – To perform timely reviews and approvals of work in support of the Service as needed; otherwise, you waive the right to object to the end product.
  • – That successful execution of the Service requires complete and accurate information from you.

Cancellations

Some Services are offered as “bundles”. If the original Service plan is canceled, any and all bundled services will also be canceled. If you’re eligible for a refund, the refund will be prorated and adjusted based on the utilization of any bundled services.

Refunds

We don’t offer refunds for any work already performed as part of the Services. Some of our Services will require a minimum term and/or a minimum payment to begin the process. In these situations, our team dedicates work and hard costs to begin the process and as such, the initial term and payment are fixed and non-refundable. Subject to our own review and discretion, refunds may be available on a prorated basis for work that has yet to be performed.

Expiration of Services and Development Hours

Certain non-recurring Services are valid for 6 months after payment is received, and need to be completed within that time. After 6 months, the Service will expire and will require an additional fee and/or renewal in order to continue the process.

Some Services may include the purchase of Development Hours (“Hours”) that can be used on-demand. These Hours will roll over and accrue up to an amount that is double the original hours in the term (e.g. if you purchased a plan that provides 5 Hours per month, you may roll over 5 unused Hours into the following month, for a maximum accrued total of 10 Hours). Unused Hours expire after 6 months. A refund may be issued in the case of unused Hours upon cancellation of your monthly Development Hour plan. Refunds are calculated based on Hours used in the current plan term, and will be issued in the amount paid for the term, less the cost of any used Hours at the then-current single-Hour rate. Hours rolled over from previous terms are non-refundable.

Miscellaneous Terms

  • – You will retain full ownership and intellectual property rights for any work or deliverable produced and paid for.
  • – Elastihost has the right to leverage the work product and deliverables for marketing and promotional purposes. You may opt out of this with a request in writing to proservices@elastihost.com at any time.
  • – Certain Services (like custom development work) may be performed and applied to your website without your final review and approval. In such cases, we’ll notify you once the Service has been completed. You will have 7 calendar days from the date of our notice to review the changes and alert our team of any issues that need to be addressed. After 7 calendar days, you waive the right to contest the work performed.
  • – Elastihost does not guarantee results for any of the Services. We are not responsible for any of the outcomes, results, damages, or injuries that may directly or indirectly result from the Services. You understand and agree that our Terms of Service (including disclaimers and liability) are all incorporated by reference here and apply to all Services.

Registrants’ Rights & Responsibilities

Registrants’ Rights:

  1. Your domain name registration and any privacy/proxy services you may use in conjunction with it must be subject to a Registration Agreement with an ICANN Accredited Registrar.
  • You are entitled to review this Registration Agreement at any time, and download a copy for your records.
  1. You are entitled to accurate and accessible information about:
  • The identity of your ICANN Accredited Registrar;
  • The identity of any proxy or privacy service provider affiliated with your Registrar;
  • Your Registrar’s terms and conditions, including pricing information, applicable to domain name registrations;
  • The terms and conditions, including pricing information, applicable to any privacy services offered by your Registrar;
  • The customer support services offered by your Registrar and the privacy services provider, and how to access them;
  • How to raise concerns and resolve disputes with your Registrar and any privacy services offered by them; and
  • Instructions that explain your Registrar’s processes for registering, managing, transferring, renewing, and restoring your domain name registrations, including through any proxy or privacy services made available by your Registrar.
  1. You shall not be subject to false advertising or deceptive practices by your Registrar or though any proxy or privacy services made available by your Registrar. This includes deceptive notices, hidden fees, and any practices that are illegal under the consumer protection law of your residence.

Registrants’ Responsibilities:

  1. You must comply with the terms and conditions posted by your Registrar, including applicable policies from your Registrar, the Registry and ICANN.
  2. You must review your Registrar’s current Registration Agreement, along with any updates.
  3. You will assume sole responsibility for the registration and use of your domain name.
  4. You must provide accurate information for publication in directories such as WHOIS, and promptly update this to reflect any changes.
  5. You must respond to inquiries from your Registrar within fifteen (15) days, and keep your Registrar account data current. If you choose to have your domain name registration renew automatically, you must also keep your payment information current.

General Terms of Service

Last Updated:

July 7, 2020

Whereas, Elastihost is an information provider connected to the Internet Elastihost offers storage and transfer services over the Internet through access to its Web Server;

Whereas, Customer seeks to utilize Elastihost’s server for its own purposes;

Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Elastihost can make no guarantee that any given reader shall be able to access Elastihost’s server at any given time.

Elastihost represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;

Financial Arrangements

  1. Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
  2. Customer agrees that all charges and fees associated with an account are their sole responsibility.
  3. If the customer wishes to cancel Elastihost shared Web Hosting services within ninety-seven (97) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
  4. Services provided by 3rd parties and Elastihost partners are not part of the 97-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
  5. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel. The customer can pre-authorize recurring transfers to Elastihost from a linked credit card account. If the customer provides an associated payment card that is determined to be expired, invalid or otherwise not able to be charged, the customer agrees that Elastihost may use other payment methods linked to the customer’s bank account (such as new credit card credentials from your card issuer). After the first 97 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
  6. “97-Day Money-Back Guarantee” offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable. See domain registration agreement for more information.
  7. Violations of Elastihost’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at Elastihost’s discretion, result in immediate and permanent disablement without refund.
  8. Disputed charges (“chargebacks”) associated with any Elastihost account, at Elastihost’s discretion, may result in immediate and potentially permanent disablement of services or the full account. Each rejected charge will incur a $50 fee on the account which must be paid before any services may be reactivated.

Taxes

  1. Elastihost shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Elastihost’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Material Products

  1. Customer will provide Elastihost with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Elastihost. Elastihost shall make no effort to validate this information for content, correctness or usability.
  2. Use of Elastihost’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
  3. The following examples are offered:
    1. Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
    2. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
  4. The Customer agrees that they have the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of Elastihost to provide this knowledge or Customer Support outside of the defined service of Elastihost.
  5. Elastihost will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
  6. Elastihost reserves the right to police its network to verify compliance with all agreed upon Terms.
  7. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
  8. Elastihost reserves the right to disconnect any website or server deemed to present a security threat to Elastihost’s customers, servers, or network.
  9. The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Elastihost is grounds for termination of all services.
  10. Elastihost makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Elastihost also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Elastihost is at the Customer’s own risk, and Elastihost specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with Elastihost’s services represents the maximum achievable speed. Elastihost does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). Elastihost expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
  11. Elastihost specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Elastihost may, at its option and at any time, reject this material, including but not limited to after it has been put on Elastihost’s Server. Elastihost agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Elastihost. If the Customer fails to modify the material, as directed by Elastihost, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
  12. All domain names registered through Elastihost that are ‘parked’ or are otherwise not immediately associated with a Elastihost hosting plan will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via Elastihost.com. The Coming Soon web page may be modified at any time by Elastihost without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Elastihost.

Trademarks & Copyrights

  1. Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.

Hardware, Equipment, & Software

  1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Elastihost.
  2. Elastihost makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Elastihost service.

Guaranteed Uptime

  1. Elastihost has a target of 100% uptime. A failure to provide 100% uptime may result in customer compensation pursuant to guidelines established herein at Elastihost’s discretion.
  2. Customer may be entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in Elastihost systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
  3. Customer may receive Elastihost credit equal to the Customer’s current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer’s next pre-paid hosting renewal fee at Elastihost’s discretion.
  4. Elastihost’s assessment of downtime begins when Customer opens a support ticket to report the problem.

Elastihost Dedicated Server Stipulations

  1. Bandwidth pricing and measurement frequency is subject to change at Elastihost’s discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by Elastihost.
  2. Elastihost is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, Elastihost, or Elastihost’s upstream providers.
  3. Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if Customer chooses to discontinue service with Elastihost mid-way through the term.
  4. Any hands-on labor necessitated by the customer (including, but not limited to, re-installing the operating system on the server) shall be performed by Elastihost and shall incur an additional one-time labor fee of $100 for each incident.
  5. Elastihost reserves the right to alter the dedicated server packages advertised on its website at its discretion. Elastihost is not required to upgrade Customers’ instance or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of $200 associated for any such instance upgrade requested by Customer. Customer will not be required to upgrade instances as a result of a pricing change.
  6. For managed servers, Elastihost is responsible for the security of the network, the kernel, and the base operating system. Elastihost may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system).
  7. For unmanaged servers, Customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements:
    1. the kernel will be patched within 7 days of any announced security hole relating to the kernel
    2. any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.
  1. Elastihost is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. Elastihost reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of Elastihost’s network.

Age

  1. The Customer certifies that they are at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.

Termination

  1. This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Elastihost will accept termination by electronic mail. Notwithstanding the above, Elastihost may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Elastihost reserves the right to charge a reinstatement fee.

Limited Liability

  1. Customer expressly agrees that use of Elastihost’s Server is at Customer’s sole risk. Neither Elastihost, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Elastihost’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Elastihost Server service, unless otherwise expressly stated in this contract.
  2. Under no circumstances, including negligence, shall Elastihost, its offices, agents or any one else involved in creating, producing or distributing Elastihost’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Elastihost Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Elastihost’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Elastihost’s Server service.
  3. Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

Promotional Codes

  1. By using a promotional (“promo”) code you waive the option to indicate who referred you to Elastihost.
  2. You may not change/submit a promo code or referrer after you’ve finished signing up.
  3. Promo codes/referrers are for new customers only — if you use one you may not host on your account any domain ever previously hosted with Elastihost.

Indemnification

  1. Customer agrees that it shall defend, indemnify, save and hold Elastihost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Elastihost, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Elastihost against Liabilities arising out of
    1. any injury to person or property caused by any products sold or otherwise distributed in connection with Elastihost’s Server;
    2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
    3. copyright infringement;
    4. any defective product which Customer sold on Elastihost Server.

Sanctioned Countries

Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Elastihost under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, Elastihost from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

Other Agreements

Customer agrees to abide by the terms set forth in this document as well as other Elastihost policy documents including, but not limited to:

  1. Acceptable Use Policy
  2. Anti-Spam Policy
  3. Unlimited Policy
  4. Privacy Policy
  5. Customer EU Data Processing Addendum

Customer also agrees to abide by all applicable Terms set forth by all Elastihost partners and subsidiaries.

Partner Product Terms

Amazon Web Services (‘AWS’): By utilizing Elastihost you agree to AWS’ Terms [here].

Contract Revisions

Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.

Transfer

Customer may not transfer this contract without the written consent of Elastihost.

Contract

These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.

Unlimited Policy

What do you mean “Unlimited”?

What we mean is, you don’t have to worry about disk storage or network transfer when your site gets popular.

You DO still have to worry about plenty of other things though… if your site isn’t well optimized and is causing issues for others on your shared server (either because it’s pounding the CPU, hogging RAM, or doing tons of disk I/O), you may be asked to sign up for your own Elastihost Private Server.

Trust us, every host out there has exactly the same limitations… we’re just trying to be up front about them!

What about databases?

You’re certainly allowed an unlimited number of MySQL databases, but in the interest of server stability we request that you try to keep them optimized and no larger than a few GB in size.

…and email?

The Unlimited Policy doesn’t apply to email. Any new email addresses will have a 25GB limit, and we’ll be enforcing these limits on all accounts if it gets out of hand!

What’s not allowed in “Unlimited”?

Basically, sites whose essential purpose is to use disk or bandwidth. When making a website, you should be thinking about “How can I make an interesting site for my visitors while minimizing my server storage, bandwidth, file system, memory, and cpu impact as much as possible?”

The result will be a better experience for your visitors, your web host, and yourself!

Here are some specific examples of things not allowed:

  • Copyrighted content to which you do not hold usage or distribution rights.
  • File upload / sharing / archive / backup / mirroring / distribution sites.
  • A site created primarily to drive traffic to another site.
  • Making your account resources available (whether for free or pay) to the general public.

Elastihost reserves the right to delete data stored on our servers that violates any of the terms in the Unlimited Policy, and, generally, in our Terms of Service. Elastihost has sole discretion to determine what does, and does not violate either policy.

Hey, that doesn’t sound very “Unlimited” to me!

Actually, for you, my dear Legitimate Website Owner, it is unlimited.

This whole page is just to announce to the <.1% of people who want to try and run free porn affiliate sites or anime video trading forums or host pirated rips of The Dark Knight on Elastihost that we’re not having any.

But our pledge to you is to do our best to always keep your website, with the content you created, UP… no matter how many times you get Slashdotted or Reddited.

WP Migrations Terms of Service

Last Updated:

July 7, 2020

Turnaround Time for Professional WordPress Migration Service

Our realistic turnaround time guarantee for a fully completed and tested Professional WordPress Migration to your account is 48 hours from the date and time we send you a confirmatory e-mail stating that the migration process has started. We can only begin the process after (1) you provide us with all of the login information requested in the “Request For Credentials” (RFC) e-mail, and (2) we verify that we have access to the WordPress installation we are migrating.

The quoted turnaround time is dependent on your active participation and timely replies to our emails. We ask that you reply to any of our e-mails within 12 hours to fully take advantage of our turnaround time guarantee we are providing. If we don’t receive a reply from you within 12 hours, then the migration process is “paused” and the quoted turnaround time is no longer applicable (even though we’ll still do our best to complete the process as soon as possible!)

Customer Data and Disk Usage

The storage on Elastihost web servers is designed specifically for hosting sites — it is not efficient as a backup or storage solution. Please ensure that the data we migrate meets these requirements, and remove all backup files before providing us with your credentials. We filter some backup files if we can identify them, but we may not exclude all of them (it is usually enough to just move the files one or more levels up in the directory structure on your current host, allowing us to identify and exclude them).

Please note that Elastihost’s Acceptable Use Policy and Unlimited Policy will apply to any and all migrations to Elastihost services.

Mobile Site

We can only guarantee the migration of the desktop version of your site. The good news is that the mobile version will usually keep running. If the mobile site isn’t working, please let us know and we’ll offer troubleshooting tips to help address the problem.

More Than WordPress?

While this service only covers WordPress migrations, we can migrate other types of files over to Elastihost, too. If you have special plans in mind that may include other applications, feel free to reach out to Tech Support (email/livechat/callbacks/twitter) and we’ll probably be able to help!

Technical Requirements

  1. We strongly prefer that your current WordPress site stays live until the migration process is complete on our end. This ensures that your old site can be accurately compared to the new one before we finish the process! If we’re unable to compare the two, we may not be able to notice and/or address errors that already exist.
  2. If your WordPress version is older than WP 3.7, it must be upgraded to at least that version at your old host so critical security issues are handled first.
  3. If you have HTTPS enabled on your site, Elastihost can only guarantee getting the HTTP option running. Once you’re set up, we can then guide you through enabling HTTPS for your domain.
  4. If you suspect that your site is hacked, please ensure that any and all issues are cleared up (and cleaned up!) through your current host. If we begin your migration process and find any hacked files, we may stop the process and notify you of the interruptions. This will also affect your turnaround time.
  5. We can’t guarantee a 100%, fully functional migration if you choose to manually provide data or files instead of allowing us to utilize a live WordPress site.

Email

The migration service only covers the contents of the site. Any emails you want to keep must be handled separately by you. DO NOT change your email DNS to route emails to Elastihost servers (if that is even your preference) until the migration is complete and approved in writing. Reach out to Tech Support for more help.

Refund Policy

The one-time charge for WordPress migrations is refundable in certain situations. You’re eligible for a refund if our team, due to our own internal delays, takes longer than the quoted time period to complete the migration. We’ll also refund the charge if you cancel before we’ve sent out the confirmatory email indicating the start of the migration process.

Be warned, though! The following situations will cause you to forfeit your right to a refund:

  1. Failing to respond to our information requests and emails for more than 12 hours if we’ve already started the migration process
  2. Interference with the migration process, or taking over the migration process yourself
  3. Asking us to cancel the migration process after we’ve sent you the confirmatory email that signals the start of the migration process
  4. A hacked site requiring us to pause and clean up before proceeding

No Guarantee

While we’ll strive to do our best during the migration, please note that a perfect result is not guaranteed. There may be small issues with the content or structure of your WordPress site, and we aren’t able to address every single inconsistency resulting from the move. This is a process that’s manually performed by our team, and we’ll do our very best to get things working for you!

Applicable Terms

Please note that all of Elastihost’s terms of service apply to you and your account after a migration.

Abandonment

If we don’t hear back from you 7 days after an information request, we’ll consider the migration as “abandoned” and will cancel it without processing a refund. We may archive your files for up to 30 days (starting from the original, confirmatory email) in order to facilitate future reinstatement of the migration process, but this isn’t guaranteed!

Cancellation

If you decide to cancel the migration process for whatever reason, please let us know so that the Tech Support team can cancel the process and avoid any interference with your plans. Keep in mind that a refund is not available if we’ve already started the process (see Refund Policy above).

Notice

We reserve the right to modify or cancel these terms at any time. Please make sure to check this page often! Your continued use of this service after modifications have been made constitutes an acceptance of the updated terms.

Free WordPress Migrations Using the Elastihost Automated Migration Plugin

Free WordPress migrations are governed by separate terms and conditions; these are shared during the free migration process.