User Agreement

This User Agreement ("Agreement") is an agreement between Cloone Space, and the party set forth in the related Registration Form ("User" or "You" and "Your") incorporated herein by reference (together with any subsequent Registration Forms or other online signup, acceptance or order form submitted by User, the "Registration Form"), and applies to the purchase of all services ordered by User on the Registration Form (collectively, the "Services"). As used herein the term "User" and "You" shall also include any and all users, Customers, subscribers, affiliates (including without limitations Users or non-Users to whom Cloone Space provides links or banners to promote the services or products of Cloone Space or any third party the services or products of which are offered by or obtained through or in connection with Cloone Space), resellers or others (i) who sign up for, use or obtain services or products from Cloone Space or from any third party services or products of which are offered by or obtained through or in connection with Cloone Space, or (ii) who visit the Web sites of Cloone Space or of any such third party.

PLEASE READ THIS AGREEMENT CAREFULLY.

SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

1. Acceptable Use Policy. Under this Agreement, User shall comply with Cloone Space's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by Cloone Space, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. User hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Cloone Space does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the "User Content"). User Content includes content of User's and/or users of User's Web site. Accordingly, under this Agreement, You will be responsible for Your users content and activities on Your Web site. Notwithstanding anything to the contrary contained in this Agreement, Cloone Space may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by User of the AUP. In the event Cloone Space takes corrective action due to a violation of the AUP, Cloone Space shall not refund to User any fees paid in advance of such corrective action. User hereby agrees that Cloone Space shall have no liability to User or any of User's users due to any corrective action that Cloone Space may take (including, without limitation, suspension, termination or disconnection of Services).

 

2. Term; Termination; Cancellation Policy.
1. The initial term of this Agreement shall be as set forth in the Registration Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to User. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON Your CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

 

2. This Agreement may be terminated or cancelled;

 

1. at anytime by either party by giving the other party thirty (30) days prior written notice. Due to security concerns (such as fraudulent cancellations), all account cancellations must be done through Cloone Space's cancellation form via Your Client Area. Electronic mail requests will not constitute acceptance of any cancellation.

 

1. If an account with a forty-five (45) day money-back guarantee is purchased and cancelled within forty-five (45) days of sign-up, the User will, upon request, receive a full refund of hosting fees paid. Requests for these refunds should be made through our billing department. Refunds made for a forty-five (45) day money-back guarantee will not include domain registration fees, setup fees or overage charges, nor will they include any fees for other or additional services that are purchased in the first forty-five (45) days. If Your plan includes a free domain name and You cancel within the first 45 days, a fee for the domain will be deducted from Your refund. Only one refund event will be granted per Customer.
   
   Refunds will be made by cheque or issued back to Your credit card within 30 days of receipt of cancellation.

 

2. by Cloone Space in the event of nonpayment by User,

 

3. by Cloone Space, at any time, without notice, if, in Cloone Space's sole and absolute discretion and/or judgement, User is in violation of any term or condition of this Agreement and related agreements, AUP, or User's use of the Services disrupts or, in Cloone Space's sole and absolute discretion and/or judgement, could disrupt, Cloone Space's business operations and/or

 

4. by Cloone Space as provided herein.

 

3. If You cancel this Agreement, upon proper notice to Cloone Space, prior to the end of the Initial Term or any Term thereafter,

 

1. You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation;

 

2. Cloone Space may (but is not obligated to) refund to You all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees, cancellation fees, and any discount applied for prepayment, provided that You are not in breach of any terms and conditions of this AUP, User Agreement, Anti-Spamming Policy or Domain Policy;
   
   If Your plan includes a free domain name, a fee for the domain will be deducted from Your refund.

 

3. and/or

 

4. We may charge You one hundred percent (100%) of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above).

 

5. Any cancellation request shall be effective thirty (30) days after receipt by Cloone Space, unless a later date is specified in such request.

 

4. Cloone Space may terminate this Agreement, without penalty,

 

1. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, Terms of Service or regulatory reason, by giving User as much prior notice as reasonably practicable; or

 

2. immediately, if Cloone Space determines that User's use of the Services, the Web site or the User Content violates any Cloone Space term of service, including the AUP, User Agreement, Anti-Spam Policy, Privacy Policy or Domain Policy. If Cloone Space cancels this Agreement prior to the end of the Term for Your breach of this Agreement and related agreements, including the AUP, User Agreement, Anti-Spam Policy, Privacy Policy or Domain Policy or User's use of the Services disrupts our network, Cloone Space shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, We may charge You 100% of all charges for all Services for each month remaining in the Term.

 

5. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 2(e), 3, 4, 12, 13, 17, 19 and 20 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other Terms of Service or equitable rights or remedies to which Cloone Space may be entitled.

 

6. You have ninety (90) days to dispute any charge or payment processed by Cloone Space. If you have a question concerning a charge you believe is incorrect, please contact the billing department.

 

3. User's Responsibilities.
1. User is solely responsible for the quality, performance and all other aspects of the User Content and the goods or services provided through the User Web site.

 

2. User will cooperate fully with Cloone Space in connection with Cloone Space's provision of the Services. User must provide any equipment or software that may be necessary for User to use the Services. Delays in User's performance of its obligations under this Agreement will extend the time for Cloone Space's performance of its obligations that depend on User's performance on a day for day basis. User must provide complete, correct and genuine contact information in the Registration Form and update such information as necessary from time to time so it remains complete, correct and genuine at all times; failure to do so may result in suspension or cancellation of Services. User will notify Cloone Space of any change in User's mailing address, telephone, electronic mail or other contact information.

 

3. User assumes full responsibility for providing Cloone Space with an electronic mail address which is not @ the domain(s) User is signing up under. If there is ever an issue or Cloone Space needs to contact User, the primary electronic mail address on file will be used for this purpose. It is User's responsibility to ensure the electronic mail address on file is current or up to date at all times. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If User fails to meet these requirements, the order may be considered fraudulent in nature and be denied.

 

4. User assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the User Web site and any goods or services described therein, as well as any rules, terms or conditions of use.

 

5. Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups. User is also responsible for ensuring that the User Content and all aspects of the User Web site are compatible with the hardware and software used by Cloone Space to provide the Services, as the same may be changed by Cloone Space from time to time. Cloone Space shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site to be compatible with the hardware and software used by Cloone Space to provide the Services.

 

6. User is solely responsible for making back-up copies of the User Web site and User Content.

 

7. Cloone Space cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available. Users should always copy all content of a Web site to a local computer and Cloone Space strongly suggest that Users make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.

 

8. User is responsible for maintaining the confidentiality of login and billing information. Cloone Space is not liable for any account disputes that may arise between various parties holding account login information. Cloone Space is not responsible for any changes made to the account or any information that has been modified by User, or any parties authorized by User, to access the control panel. User is responsible for updating and maintaining contact and billing information with Cloone Space. Any changes to the User contact information must be made using the account control panel or by contacting our Support Team. User is responsible for ensuring that Cloone Space is able to notify the User for technical, billing or other issues or purposes deemed necessary by Cloone Space to maintain the account.

 

4. User's Representations and Warranties.
1. User hereby represents and warrants to Cloone Space, and agrees that during the Initial Term and any Term thereafter User will ensure that:
1. User is the owner or valid licensee of the User Content and each element thereof, and User has secured all necessary licenses, consents, permissions, waivers and releases for the use of the User Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Cloone Space to pay any fees, residuals, guild payments or other compensation of any kind to any Person;

 

2. User's use, publication and display of the User Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated;

 

3. User will comply with all applicable laws, rules and regulations regarding the User Content and the User Web site and will use the User Web site only for lawful purposes; and

 

4. User has used its best efforts to ensure that the User Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.

 

2. User shall be solely responsible for the development, operation and maintenance of User's Web site, online store and electronic commerce activities, for all products and services offered by User or appearing online and for all contents and materials appearing online or on User's products, including, without limitation
1. the accuracy and appropriateness of the User Content and content and material appearing in its store or on its products,

 

2. ensuring that the User Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and

 

3. ensuring that the User Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. User shall be solely responsible for accepting, processing and filling User orders and for handling User inquiries or complaints. User shall be solely responsible for the payment or satisfaction of any and all taxes associated with its Web site and online store.

 

3. User grants Cloone Space the right to reproduce, copy, use and distribute all and any portion of the User Content to the extent needed to provide and operate the Services

 

4. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account, whether or not the transactions were on Your behalf.

 

5. License to Cloone Space. User hereby grants to Cloone Space a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order:
1. digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the User Content; and

 

2. make archival or back-up copies of the User Content and the User Web site.

 

3. Except for the rights expressly granted above, Cloone Space is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with User.

 

4. Cloone Space, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, User Content and/or Web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. User further agrees that Cloone Space shall not be liable to User for any loss or damages that may result from such conduct.

 

6. Billing and Payment.
1. User will pay to Cloone Space the service fees for the Services in the manner set forth in the Registration Form.

 

2. Cloone Space may increase the Service Fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term by providing ten (10) days prior written notice thereof to User.

 

3. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Cloone Space's net income). All such taxes may be added to Cloone Space's invoices for the fees as separate charges to be paid by User. All fees are fully earned when due and non-refundable when paid.

 

4. Unless otherwise specified, all initial fees shall be payable upon sign-up, and all subsequent fees and related charges shall be due and payable when billed, if by credit card, or if not by credit card, within ten (10) days after the date of the invoice. If any invoice is not paid within seven (7) days after the date of the invoice, Cloone Space may charge User a late fee of S$10.00 for; in addition any amounts payable to Cloone Space not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.

 

5. If Cloone Space collects any payment due at law or through a lawyer or under advice therefrom or through a collection agency, or if Cloone Space prevails in any action to which the User and Cloone Space are parties, User will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Cloone Space's reasonable lawyer' fees.

 

6. If any cheque is returned for insufficient funds Cloone Space may impose a minimum processing charge of S$20.00.

 

7. In the event that any amount due to Cloone Space is not paid when due, Cloone Space, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.

 

8. There may be a minimum S$50.00 charge to reinstate accounts that have been suspended.

 

9. There will be a minimum S$150.00 charge to reinstate accounts that have been terminated.

 

10. Wire transfers will be assessed a minimum S$35.00 charge.

 

11. There may be a minimum S$50.00 charge for all credit card chargebacks.

 

12. Any credits applied to User's accounts are redeemable for Cloone Space services only and are not refundable or redeemable for cash.

 

13. User acknowledges and agrees that Cloone Space may pre-charge User's fees for the Services to its credit card supplied by User during registration for the Initial Term.

 

14. YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON Your CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION.

 

7. Payment Policies - General
1. Accounts will not be activated or reactivated without prior payment.

 

2. All hosting fees and domain name renewal fees are due on or before the due date of the renewing account and/or domain name.

 

3. Incomplete, incorrect or questionable signup information can result in an account being suspended or terminated or NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.

 

4. Any losses or expenses experienced by the User, due to actions taken by Cloone Space in response to Users non-payment, are not the responsibility of Cloone Space.

 

8. Payment Policies - Payment Processing
1. If we are unable to process a payment for Your hosting plan by its due date, Your account will be cancelled for non-payment and you will not be able to access Your Web site or e-mail.

 

2. When an account is cancelled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers.

 

3. If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.

 

4. If we make any refunds due to charges you dispute with Your credit card Cloone Space, we will cancel Your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by Cloone Space as a result of Your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.

 

5. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic cheques. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.

 

9. Cloone Space as Reseller or Licensor. Cloone Space is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Cloone Space Product"). Cloone Space shall not be responsible for any changes in the Services that cause the Non-Cloone Space Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Cloone Space Product either sold, licensed or provided by Cloone Space to User or purchased directly by User used in connection with the Services will not be deemed a breach of Cloone Space's obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of Non-Cloone Space Product are limited to those rights extended to User by the manufacturer of such Non-Cloone Space Product. User is entitled to use any Non-Cloone Space Product supplied by Cloone Space only in connection with User's permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by Cloone Space to User through any Non-Cloone Space Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any Non-Cloone Space Product, or any technical data derived therefrom, in violation of any applicable Malaysia or foreign law.

 

10. Internet Protocol (IP) Address Ownership. If Cloone Space assigns User an Internet Protocol ("IP") address for User's use, the right to use that IP address shall belong only to Cloone Space, and User shall have no right to use that IP address except as permitted by Cloone Space in its sole and absolute discretion in connection with the Services, during the term of this Agreement. Cloone Space shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to User by Cloone Space, and Cloone Space reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

 

11. Caching. User expressly;
1. grants to Cloone Space a license to cache the entirety of the User Content and User's Web site, including content supplied by third parties, hosted by Cloone Space under this Agreement and

 

2. agrees that such caching is not an infringement of any of User's intellectual property rights or any third party's intellectual property rights.

 

12. Server Resources. User agrees that User shall not use an excessive amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources). Cloone Space will be the sole arbiter of what is considered to be an excessive server usage. Any violation of this policy may result in corrective actions by Cloone Space in its sole and absolute discretion, including disconnection or discontinuance of any and all Services, termination of this Agreement, or giving User the option to reduce the resources used to an acceptable level to prevent other customers on the same servers or networks from being negatively affected.

 

13. Bandwidth and Disk Usage. Cloone Space provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in Cloone Space's web pages describing the package of Services purchased at the time of purchase. These allotments are optimized and dedicated towards serving the Content and User's electronic mail services related solely to User's web hosting account(s) with Cloone Space. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services and will each, including bandwidth, disk space and other resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If Cloone Space learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or Agreed Usage, Cloone Space may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail.

 

14. xInstaller, Fantastico and Application Support Terms. xInstaller and Fantastico automate the installation of a given open source application. Users are free to install open source applications independently of xInstaller or Fantastico by following the instructions provided by the organization that developed the open source application. When a User uses an open source application, the User licenses it from the open source provider, not from Cloone Space.
1. We do not provide support for the application once the application has been successfully installed; we provide support only for the installation or upgrade process of an application managed by xInstaller or Fantastico. Any support requests regarding actual use of the application must be directed to the organization that developed the application.

 

2. The User is responsible for creating back-ups before upgrading to the next version.

 

3. We can not guarantee that the version we currently provide is the latest one being distributed by the vendor.

 

4. Any security risks including, but not limited to, hacking, phishing and information piracy are the sole responsibility of the User.

 

5. We reserve the right to discontinue applications managed by xInstaller or Fantastico at any time.

 

6. xInstaller or Fantastico applications are installed at the User's own risk. We can not be held liable for lost data or damage caused by open source applications provided through xInstaller or Fantastico.

 

15. Free Web Site Transfer Terms. The free transfer service is available for 30 days from Your sign up date. Our Support Team will make every effort to help You move Your Web site to us. However, transfers are provided as a courtesy service and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
    
    You are limited to one site transfer per control panel. We will transfer the content as is; we will not restructure your content. We will not convert separate control panels to addon domains, and vice versa.
16. Standard and Private-Label Reseller Programs. In addition to all terms and conditions described in this Agreement, the following shall also be applicable to Cloone Space Wholesale and Private-Label Resellers;
1. The Reseller agrees, on behalf of both the Reseller and each User signed up by the Reseller, to comply with these Terms of Service.

 

2. In the event that a Reseller or a Reseller's User is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service.

 

3. Cloone Space is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify Cloone Space from and against any and all claims made by any User that result from the Reseller's misrepresentation, breach of the Terms of Service or other improper actions by the Reseller.

 

4. Cloone Space reserves the right to revise its Wholesale and Private-Label Reseller Programs, AUP and the Terms of Service at any time. Changes shall take effect when posted online.

 

5. Users who have been signed up by Resellers agree to operate their Web sites in accordance with the Terms of Service.

 

6. Resellers cannot make any modifications to the Cloone Space Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller's account(s). Cloone Space is not responsible for any modifications made to the Terms of Service by Resellers.

 

7. Resellers in the Wholesale Reseller Program assume all responsibility for billing and technical support for each of their Users. Cloone Space reserves the right to refuse inquiries made to the Support Team from the Customers of Resellers in the Wholesale Reseller Program.

 

17. Property Rights.
1. Cloone Space hereby grants to User a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use Cloone Space technology, products and services solely for the purpose of accessing and using the Services. User may not use Cloone Space's technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Cloone Space to User any Cloone Space technology, and all rights, titles and interests in and to any Cloone Space technology shall remain solely with Cloone Space. User shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Cloone Space.

 

2. Cloone Space owns all right, title and interest in and to the Services and Cloone Space's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Nothing in this Agreement constitutes a license to User to use or resell the Marks.

 

18. Disclaimer of Warranty. User agrees to use all Services and any information obtained through or from Cloone Space, at User's own risk. User acknowledges and agrees that Cloone Space exercises no control over, and accepts no responsibility for, the content of the information passing through Cloone Space's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, LAWYERS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USER OR STORED BY USER OR ANY OF USER'S USERS VIA THE SERVICES PROVIDED BY US NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

 

19. Limited Warranty.
1. Cloone Space represents and warrants to User that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Cloone Space generally to its other Users for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. User will be deemed to have accepted such Services unless User notifies Cloone Space, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. User's sole and exclusive remedy, and Cloone Space's sole obligation, for breach of the foregoing warranties shall be for Cloone Space, at its option, to re-perform the defective Services at no cost to User, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue User a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. Cloone Space may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.

 

2. The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Cloone Space's reasonable control; (b) that resulted from any actions or inactions of User or any third parties; or (c) that resulted from User's equipment or any third-party equipment not within the sole control of Cloone Space. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

 

20. Limitation of Liability.
1. IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO US BY YOU DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

 

2. WE CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.

 

3. EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

 

4. The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 14 shall not apply to User's indemnification obligations.

 

5. Notwithstanding anything to the contrary in this Agreement, Cloone Space's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by User for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.

 

6. User understands, acknowledges and agrees that if Cloone Space takes any corrective action under this Agreement because of an action of User or one if its Users or a reseller, that corrective action may adversely affect other Users of User or other reseller Users, and User agrees that Cloone Space shall have no liability to User, any of its Users or any Reseller User due to such corrective action by Cloone Space.

 

7. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

 

21. Indemnification. User agrees to indemnify, defend and hold harmless Cloone Space and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, lawyers and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable lawyer's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to User's use of the Services, (ii) any violation by User of the AUP, (iii) any breach of any representation, warranty or covenant of User contained in this Agreement or (iv) any acts or omissions of User. The terms of this section shall survive any termination of this Agreement.

 

22. Miscellaneous.
1. Independent Contractor. Cloone Space and User are independent contractors and nothing contained in this Agreement places Cloone Space and User in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

 

2. Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of Malaysia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this agreement must be brought in a court located in Malaysia. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

 

3. Headings. The headings herein are for convenience only and are not part of this Agreement.

 

4. Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of User or Cloone Space, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of User and Cloone Space. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Cloone Space in its sole discretion, which modifications will be effective upon posting to Cloone Space's Web site.

 

5. Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

6. Notices. Any notices required to be given under this Agreement by Cloone Space to User will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.

 

7. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

 

8. Assignment; Successors. User may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Cloone Space. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Cloone Space may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

 

9. Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.

 

10. Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, Cloone Space's records of such execution shall be presumed accurate unless proven otherwise.

 

11. Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

 

12. No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, Terms of Service or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, User acknowledges and agrees that any supplier of third-party product or service that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against User as if it were a party to this Agreement.

 

13. Government Regulations. User may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside Malaysia in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the government of Malaysia and any country or organization of nations within whose jurisdiction User operates or does business.

Domain Name Registration Agreement

If you register or renew a domain with Cloone Space, or associate a domain with your hosting account, or otherwise obtain domain services from or through Cloone Space, you and your domain services will be subject to (i) the following domain policy, and (ii) the terms of the Domain Registration Agreement set forth below.

 

Please note that such agreement will apply to your domain services irrespective of who your domain registrar is, provided that in the event of any conflict between this domain registration agreement and that of your domain registrar, the terms of the agreement of your registrar will take precedence.

Domain Name Registrations and Renewals

1. Upon a Customer's request, and subject to these terms and conditions, Cloone Space will attempt to register a domain name, or renew the registration of an existing domain name, on behalf of the Customer with any domain name registrar that Cloone Space, in its sole discretion, elects to employ for such registration or renewal (the "Chosen Registrar"). Cloone Space reserves the right to refuse any request for registration or renewal of a domain name.

2. When registering a new domain name, or if your domain name is already registered with Cloone Space's domain registrar, we will attempt to enroll your domain in our automated domain renewal service. Through this service, Cloone Space will attempt to automatically initiate the renewal of any domain name you register through Cloone Space. The renewal will be initiated 15 days before a domain's expiration date unless the service is terminated on an earlier date.

3. The registration or renewal of any domain name by Cloone Space on behalf of a Customer is subject to, and contingent upon, (i) the Customer providing all information needed to complete such registration, (ii) the availability of the domain name, (iii) the domain name not being in violation of any applicable law, rule, statute or regulation, (iv) the domain name not being in violation of any policy of the Chosen Registrar, (v) any fees or costs for such domain name registration being paid in advance by the Customer and (vi) the Customer's continued compliance with any and all Cloone Space Terms of Service and the AUP.

4. Once a domain name has been registered or renewed through Cloone Space, no refunds will be given for the domain registration or renewal fee.

5. The Customer has full ownership rights over any domain name registered or renewed through Cloone Space, where the domain registration fees have been paid in full by the Customer. In the event of fraud or failure to pay fees, Cloone Space will retain possession of the domain name. In addition, if we receive a credit card charge-back for a domain registered with us, Cloone Space will take ownership of the domain name(s) registered.

6. Cloone Space is not responsible for maintaining the registrant information for domain names. The domain owner can modify all this information using our control panel, by contacting our Support Team or contacting the Chosen Registrar. The Customer agrees to continually update all information required by the Chosen Registrar. Updating your information with Cloone Space does not automatically update it with the Chosen Registrar.

7. Cloone Space is not responsible for any domain name's availability. The Customer waives any and all claims against Cloone Space for, and hereby releases Cloone Space from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name.

8. The Customer acknowledges and understands that any and all domain name registrations and renewals are subject to the terms, conditions, rules, regulations, applicable law and policies of ICANN (Internet Corporation for Assigned Names and Numbers). In addition, any and all domain name registrations and renewals are subject to the terms and conditions of the Chosen Registrar, which can be found on the Web Site of such Chosen Registrar. Upon request, Cloone Space will provide the Customer with the name of the Chosen Registrar.

9. The Customer understands and accepts that a request for a domain name registration or renewal is no guarantee that the Customer will receive the domain name that has been requested. The Customer understands, accepts and appreciates the risks associated with circumstances and vulnerabilities generally affecting the Internet and e-commerce in general. The Customer waives any and all claims it may have against Cloone Space for, and hereby releases Cloone Space from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name in such circumstances.

10. Cloone Space is not liable for domain disputes that may arise over changed registrant information for a domain name.

11. Cloone Space is not responsible for resolving any domain disputes. These issues must be resolved by the parties involved, according to the legal bounds of ICANN, the domain name governing body. Cloone Space will not act as an arbitrator, but will honour any ICANN decisions.

More about Domain Renewals

1. If we are unable to secure payment before the domain renewal date, the domain name will expire.

2. Forty (40) days after a domain renewal date, a domain name will be released by the Registrar and made available to the general public for re-registration.

3. After a domain has expired, we will, upon a Customer's request, put in a request with our Registrar to renew and reactivate the domain name if all registration fees are paid (including any extra fees required to pull a domain name out of its redemption period). This process is normally complete within four (4) days.

4. If we receive a dispute of payment, a chargeback or a request for a refund from your credit card Cloone Space for a renewed domain name, Cloone Space will take over the ownership of the domain name in question.

5. The Customer agrees that any and all information provided in connection with any domain renewal request shall be true and correct in all respects. In connection with any such request, Cloone Space assumes responsibility only for processing such renewal request with the Chosen Registrar. Cloone Space disclaims any and all responsibility to verify any information provided in connection with the request and shall have no responsibility or liability for any loss, delay, inconvenience, interruption in service, service error or loss of data.

6. Cloone Space bears no responsibility or obligation to notify Customer of any approaching domain name expiration dates. The Customer agrees to bear complete responsibility for such deadlines.

Transferring a Domain to Cloone Space

1. If a Customer requests a domain name registration or renewal that requires a transfer from one registrar or reseller to another, the Customer is solely and completely responsible for compliance with any registrar or reseller terms, conditions, procedures and/or policies in connection with the request. Cloone Space shall have no liability or responsibility resulting from a delay, inconvenience or expiration of a domain name as a consequence of the Customer's failure to comply with such terms, conditions, procedures and/or policies.

2. While Cloone Space will assist you in any way reasonable, we are not responsible for ensuring your domain name is transferred to our servers. During the domain transfer process, Customer is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly.

3. 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 the initial registration of your domain name. Cloone Space and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN, the applicable registrars and registries 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. 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 interruption of your Service. You agree that we will not be liable for any loss of registration and use of your 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.
This Domain Name Registration Agreement (hereinafter referred to as the "Agreement") between you ("you", "your" or "Registrant") and the Registrar of the Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward (the "Order") that you have registered/reserved through or transferred to Registrar, sets forth the terms and conditions of Registrar's domain name registration service and other associated services as described herein.

 

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you", "your" and "Registrant" shall refer to such entity.

 

This Agreement explains our obligations to you, and your obligations to us in relation to each Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward that you have registered/reserved through or transferred to Registrar ("Order"), directly or indirectly, whether or not you have been notified about Registrar.

 

This Agreement will become effective when the term of your Order begins with Registrar and will remain in force until the Order remains as an active Order with Registrar. Registrar may elect to accept or reject the Order application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for a prohibited Order.

 

WHEREAS, Registrar is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned below;

 

AND WHEREAS, the Registrant is the Owner of a registration of a domain name ("the SLD") in any of the TLDs mentioned below, directly or indirectly;

 

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar and the Registrant, intending to be legally bound, hereby agree as follows:

 

1. DEFINITIONS

 

(1) "Business Day" refers to a working day between Mondays to Friday excluding all Public Holidays.

 

(2) "Communications" refers to date, time, content, including content in any link, of all oral / transmitted / written communications / correspondence between Registrar, and the Registrant, and any Artificial Juridical Person, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity acting on their behalf.

 

(3) "Customer" refers to the customer of the Order as recorded in the Cloone Space Billing Panel Database.

 

(4) " Cloone Space Billing Panel" refers to the set of Servers, Software, Interfaces, Registrar Products and API that is provided for use directly or indirectly under this Agreement by Registrar and/or its Service Providers.

 

(5) "Cloone Space Billing Panel Database" is the collection of data elements stored on the Cloone Space Billing Panel Servers.

 

(6) "Cloone Space Billing Panel Servers" refer to Machines / Servers that Registrar or its Service Providers maintain to fulfill services and operations of the Cloone Space Billing Panel.

 

(7) "Cloone Space Billing Panel User" refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the "Cloone Space Billing Panel" by the Customer, directly or indirectly.

 

(8) "Registrar" refers to the Registrar of record as shown in a Whois Lookup for the corresponding Order at the corresponding Registry Operator.

 

(9) "Registrar Products" refer to all Products and Services of Registrar which it has provided/rendered/sold, or is providing/rendering/selling.

 

(10) "Registrar Servers" refer to web servers, Mailing List Servers, Database Servers, Cloone Space Billing Panel Servers, Whois Servers and any other Machines / Servers that Registrar or its Service Providers Operate, for the Cloone Space Billing Pane, the Registrar Website, the Registrar Mailing Lists, Registrar Products and any other operations required to fulfill services and operations of Registrar.

 

(11) "Registrar Website" refers to the website of the Registrar.

 

(12) "Registry Operator" refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that is involved in the management of any portion of the registry of the TLD, including but not limited to policy formation, technical management, business relationships, directly or indirectly as an appointed contractor.

 

(13) "Resellers" - The Registrant may purchase the Order through a reseller, who in turn may purchase the same through a reseller and so on (collectively known as the "Resellers")

 

(14) "Service Providers" refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that the Customer and/or Registrar and/or Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfillment / provision / purchase of Registrar Products, Cloone Space Billing Panel, and any other services and operations of Registrar.

 

(15) "Whois" refers to the public service provided by Registrar and Registry Operator whereby anyone may obtain certain information associated with the Order through a "Whois Lookup."

 

(16) "Whois Record" refers to the collection of all data elements of the Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry.

 

2. OBLIGATIONS OF THE REGISTRANT

 

(1) The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the Order in the Cloone Space Billing Panel Database during the term of the Order. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant's failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Order in the Cloone Space Billing Panel database concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order.

 

(2) The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Order in the Cloone Space Billing Panel Database, the data element in the Cloone Space Billing Panel Database records shall prevail.

 

(3) The Registrant acknowledges that the authentication information for complete control and management of the Order will be accessible to the Registry Operator, Service Providers, Resellers and the Customer. Any modification to the Order by the Resellers, Customer or Service Providers will be treated as if it is authorized by the Registrant directly. Registrar is not responsible for any modification to the Order by the Customer, Resellers, Registry Operator, or Service Providers.

 

(4) The Registrant acknowledges that all communication about the Order will be only done with the Customer or the Resellers of the Order. Registrar is not required to, and may not directly communicate with the Registrant during the entire term of the Order.

 

(5) The Registrant shall comply with all terms or conditions established by Registrar, Registry Operator and/or Service Providers from time to time.

 

(6) The Registrant must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN and the Registry Operator.

 

(7) During the term of this Agreement and for three years thereafter, the Registrant shall maintain the following records relating to its dealings with

Registrar, Resellers and their Agents or Authorized Representatives:

 

(1) In electronic, paper or microfilm form, all written communications with respect to the Order.

 

(2) In electronic form, records of the accounts of the Order, including dates and amounts of all payments, discount, credits and refunds.

 

The Registrant shall make these records available for inspection by Registrar upon reasonable notice not exceeding 14 days.

 

3. REPRESENTATIONS AND WARRANTIES

Registrar and Registrant represent and warrant that:

 

(1) They have all requisite power and authority to execute, deliver and perform their obligations under this Agreement;

 

(2) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against Registrant and Registrar in accordance with its terms;

 

(3) The execution, delivery, and performance of this Agreement and the consummation by Registrar and the Registrant of the transactions contemplated

hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:

 

(1) any provision of law, rule, or regulation;

(2) any order, judgment, or decree;

(3) any provision of corporate by-laws or other documents; or

(4) any agreement or other instrument.

(4) The execution, performance and delivery of this Agreement has been duly authorized by the Registrant and Registrar;

(5) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby;

 

The Registrant represents and warrants that:

(1) the Registrant has read and understood every clause of this Agreement;

(2) the Registrant has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement; and

(3) the Registrant is eligible, to enter into this Contract according to the laws of his country.

 

4. RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS

(1) Registrar, Service Providers and Registry Operator may change any information, of the Order, or transfer the Order to another Registrant, or transfer the Order to another Customer, upon receiving any authorization from the Registrant, or the Customer, or Resellers as maybe prescribed by Registrar from time to time.

(2) Registrar, Service Providers and Registry Operator may provide/send any information, about the Registrant, and the Order including Authentication information.

 

(1) to the Registrant;

 

(2) to any authorised representative, agent, contractee, employee of the Registrant upon receiving authorization in any form as maybe prescribed by Registrar from time to time;

 

(3) to the Customer, Resellers, Service Providers and Registry Operator;

 

(4) to anyone performing a Whois Lookup for the Order.

 

(3) Registrar in its own discretion can at any point of time with reasonable notification temporarily or permanently cease to sell any Registrar Products.

 

(4) Registrar and the Registry Operator, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Registrar may refund the fees charged for the Order, after deducting any processing charges for the same.

 

(5) Notwithstanding anything to the contrary, Registrar, Registry Operator and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, delete, suspend, deny, cancel, modify, take ownership of or transfer the Order, or to modify, upgrade, suspend, freeze Cloone Space Billing Panel, or to publish, transmit, share data in the Cloone Space Billing Panel Database with any person or entity, or to contact any entity in the Cloone Space Billing Panel Database, in order to recover any Payment from the Registrant, Customer or Resellers, for any service rendered by Registrar including services rendered outside the scope of this agreement for which the Registrant, Customer or Reseller has been notified and requested to remit payment, or to correct mistakes made by Registrar, Registry Operator or Service Providers in processing or executing the Order, or incase of any breach of this Agreement, or incase Registrar learns of a possibility of breach or violation of this Agreement which Registrar in its sole discretion determines to be appropriate, or incase of Termination of this agreement, or if Registrar learns of any such event which Registrar reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Registrar Products, Cloone Space Billing Panel, and the Registry or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in accordance/compliance with any agreements executed by Registrar including but not limited to agreements with Service Providers, and/or Registry Operator, and/or Customers and/or Resellers, or to avoid any liability, civil or criminal, on the part of Registrar and/or Service Providers, and/or the Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Registrant and/or Agents or any other authorized representatives of the Registrant violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS hijacking), distribution of virus or malware, child pornography, using Fast Flux techniques, running Botnet command and control, Hacking (illegal access to another computer or network), network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, or Registrar learns of the possibility of any such violation or upon appropriate authorization (what constitutes appropriate authorization is at the sole discretion of Registrar) from the Registrant or Customer or Reseller or their authorized representatives, or if Registrar, Registry Operator or Service Providers in their sole discretion determine that the information associated with the Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Registrar or Service Providers in their sole discretion determine that the ownership of the Order should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or for any appropriate reason. Registrar or Registry Operator, also reserve the right to freeze the Order during resolution of a dispute. The Registrant agrees that Registrar, Registry Operator and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator and Service Providers, are not liable for loss or damages that may result from any of the above.

 

(6) Registrar and Service Providers can choose to redirect an Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Order has expired, or is suspended, or does not contain valid Name Servers to direct it to any destination. Registrant acknowledges that Registrar and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.

 

(7) Registrar and Registry Operator has the right to rectify any mistakes in the data in the Cloone Space Billing Panel Database with retrospective effect.

 

5. DISPUTE PROCESS

 

The Registrant agrees that, if the use of the Order is challenged by a third party, the Registrant will be subject to the provisions of the appropriate Dispute policy for that Order as mentioned in the appropriate Appendix in effect at the time of the dispute. The Registrant agrees that in the event a dispute arises with any third party, the Registrant will indemnify and hold Registrar, Registry Operator and Service Providers harmless in all circumstances, and that Registrar, Registry Operator and Service Providers will have no liability of any kind for any loss or liability resulting from any such dispute, including the decision and final outcome of such dispute. If a complaint has been filed with a judicial or administrative body regarding the Registrant's use of the Order, the Registrant agrees not to make any changes to the Order without Registrar's prior approval. Registrar may not allow the Registrant to make changes to such Order until:

 

(1) Registrar is directed to do so by the judicial or administrative body, or

 

(2) Registrar receives notification, in a manner prescribed by Registrar from time to time, by the Registrant and the other party contesting the Registrant registration or use of the Order, that the dispute has been settled.

 

6. TERM OF AGREEMENT / RENEWALS

 

(1) The term of this Agreement shall continue until the registrant of the Order in the Cloone Space Billing Panel database continues to be the Registrant and the Order continues to exist and the Order Registration term continues to exist.

 

(2) Registrant acknowledges that it is the Registrant's responsibility to keep records and maintain reminders regarding the expiry of any Order. As a convenience to the Registrant, and not as a binding commitment, we may notify the Customer, via an email message sent to the contact information associated with the Customer in the Cloone Space Billing Panel database, about the expiry of the Order. Should renewal fees go unpaid for an Order, the Order will expire.

 

(3) Registrant acknowledges that after expiration of the term of an Order, Registrant has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to the Registrar. Registrar and Service Providers may make any modifications to said Order or any information associated with said Order. Registrar and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Registrar and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Registrar and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Registrar and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Registrar and Service Providers may choose to transfer the ownership of the Order to any third party in their sole discretion. Registrant acknowledges that Registrar and Service Providers shall not be liable to Registrant or any third party for any action performed under this clause.

 

(4) Registrar at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately at the price then prevailing for such a process as determined by the Registrar in its sole discretion. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.

 

(5) Registrar makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase

 

(6) This Agreement shall terminate immediately in the event

 

(1) Registrar's contract with the Service Providers for the fulfillment of such Order is terminated or expires without renewal

 

(2) Registrar's contract with the Registry Operator is terminated or expires without renewal

 

(3) Registry Operator ceases to be the Registry Operator for the particular TLD

 

(4) of Registrant-Registrant Transfer as per Section 8

 

(5) of Registrar-Registrar Transfer as per Section 9

 

(7) Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify the Order and suspend Cloone Space Billing Panel Users' access to the Cloone Space Billing Panel with immediate effect, upon the sole discretion of Registrar

 

(8) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, unless specified otherwise. The Registrant however shall be liable for any damage arising from any breach by it of this Agreement.

 

7. FEES / RENEWAL

 

Payment of fees shall be governed as per the Payment Terms and Conditions set out in Appendix 'B.'

 

8. REGISTRANT - REGISTRANT TRANSFER

 

(1) Registrar may transfer the Order of the Registrant to another registrant under the following circumstances:

 

(1) Authorization from the Registrant and/or their Agent or Authorized Representative in a manner prescribed by Registrar from time to time.

 

(2) Authorization from the Customer and/or the Reseller in a manner prescribed by Registrar.

 

(3) On receiving orders from a competent Court or Law Enforcement Agency.

 

(4) For fulfillment of a decision in a domain dispute resolution.

 

(5) Breach of Contract.

 

(6) Termination of this Agreement.

 

(7) Registrar learns of any such event, which Registrar reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof.

 

(2) Registrant acknowledges that Registrar cannot verify the authenticity of any information, authorization or instructions received in Section (8)(1). Upon receiving such authorization that Registrar in its absolute unfettered and sole discretion deems to be genuine, Registrar may transfer the Order. Registrar cannot be held liable for any such transfer under any circumstance including but not limited to fraudulent or forged authorization received by Registrar.

 

(3) In the above circumstances the Registrant shall extend full cooperation to Registrar in transferring the Order of the Registrant to another registrant including without limitation, handing over all data required to be stored by the Registrant as per Section 3(5), and complying with all requirements to facilitate a smooth transfer.

 

(4) The Registrant's Order may not be transferred until Registrar receives such written assurances or other reasonable assurance that the new registrant has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by Registrar in its sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determined by Registrar in its sole discretion) to the terms and conditions in this Agreement, any such transfer maybe considered by Registrar as null and void in its sole discretion.

 

9. REGISTRAR-REGISTRAR TRANSFER

(1) The Registrant acknowledge and agree that during the first 60 days after initial registration of the Order, or after expiration of the Order the Registrant may not be able to transfer the Order to another registrar.

 

(2) Registrar may request the Registrant or any other contact associated with the Order for authorization upon receiving a request to transfer the Order to another registrar. The Registrant agrees to provide such authorization to Registrar. Registrar, in its sole discretion will determine, if such authorization is adequate to allow the transfer.

 

(3) Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact, if Registrar in its sole discretion determines that the transfer request it has received is a valid transfer request.

 

(4) Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact pursuant to the then applicable process and rules of transfer of domain names as laid out by the Registry Operator. Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time.

 

(5) Registrar may deny or prevent a transfer of an Order to another registrar in situations described in this Agreement including, but not limited to:

 

(1) a dispute over the identity of the domain name holder;

 

(2) bankruptcy; and default in the payment of any fees;

 

(3) any pending dues from the Customer or Resellers' or Registrant for any services rendered, whether under this agreement or otherwise;

 

(4) any pending Domain Dispute Resolution process with respect to the Order;

 

(5) if the Order has been locked or suspended by the Customer or Resellers;

 

(6) any situation where denying the transfer is permitted under the then applicable process and rules of transfer of domain names as laid out by the Registry Operator, Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time;

 

(7) any other circumstance described in this Agreement;

 

(8) for any other appropriate reason;

 

(6) Registrar may at its sole discretion lock or suspend the Order to prevent a Domain Transfer;

 

(7) Registrar cannot be held liable for any domain name transferred away to another registrar, or for any denial of a transfer, in accordance with this Section 9 (Registrar-Registrar Transfer).

 

10. LIMITATION OF LIABILITY

 

IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:

 

(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;

 

(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION 21 OF THIS AGREEMENT;

 

(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;

 

(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;

 

(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;

 

(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.

 

If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Registrar by the Registrant, then in no event will the liability of Registrar exceed actual amount received by Registrar for the Order minus direct expenses incurred with respect to the Order.

 

REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.

 

11. INDEMNIFICATION

(1) The Registrant, at its own expense, will indemnify, defend and hold harmless, Registrar, Service Provider, Registry Operator, Resellers and the contactors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator, Service Providers, and Resellers against any claim, suit, action, or other proceeding brought against them based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Registrar Products provided hereunder, or any use of the Registrar Products, including without limitation:

 

(1) infringement by the Registrant, or someone else using a Registrar Product with the Registrant's computer, of any intellectual property or other proprietary right of any person or entity;

 

(2) arising out of any breach by the Registrant of this Agreement;

 

(3) arising out of, or related to, the Order or use of the Order;

 

(4) relating to any action of Registrar as permitted by this Agreement;

 

(5) relating to any action of Registrar carried out on behalf of Registrant as described in this Agreement.

 

However, that in any such case Registrar may serve either of the Registrant with notice of any such claim and upon their written request, Registrar will provide to them all available information and assistance reasonably necessary for them to defend such claim, provided that they reimburse Registrar for its actual costs.

 

(2) Registrar will not enter into any settlement or compromise of any such indemnifiable claim without Registrant's prior written consent, which shall not be unreasonably withheld.

 

(3) The Registrant will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by Registrar in connection with or arising from any such indemnifiable claim, suit, action or proceeding.

 

12. INTELLECTUAL PROPERTY

Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.

 

Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Registrar to the Registrant, or by any disclosure of any Confidential Information to the Registrant under this Agreement.

 

Registrant shall further ensure that the Registrant does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Registrant acknowledges that Registrar cannot and does not check to see whether any service or the use of the services by the Registrant under this Agreement, infringes legal rights of others.

 

13. OWNERSHIP AND USE OF DATA

(1) You agree and acknowledge that Registrar owns all data, compilation, collective and similar rights, title and interests worldwide in the Cloone Space Billing Panel Database, and all information and derivative works generated from the Cloone Space Billing Panel Database.

 

(2) Registrar, Service Providers and the Registry Operator and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Registrar, or Registry Operator or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.

 

14. DELAYS OR OMISSIONS; WAIVERS

No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.

No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

 

No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing.

 

15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT

(1) During the period of this Agreement, the Registrant agrees that Registrar may:

 

(1) revise the terms and conditions of this Agreement; and

 

(2) change the services provided under this Agreement

 

(2) Registrar, or the Registry Operator or any corresponding/designated policy formulating body may revise ANY of the Dispute policies, and eligbility criterias set forth in the various appendices as well as in any of the external URLs referenced within the appendices.

 

(3) Any such revision or change will be binding and effective immediately on posting of the revision on the Registrar Website or the corresponding URL referenced in this Agreement.

 

(4) The Registrant agrees to review the Registrar Website and all other URLs referenced in this Agreement, periodically, to be aware of any such revisions.

 

(5) The Registrant agrees that, continuing use of the services under this Agreement following any revision, will constitute as an acceptance of any such revisions or changes.

 

(6) The Registrant acknowledges that if the Registrant does not agree to any such modifications, the Registrant may terminate this Agreement within 30 days of such revision. In such circumstance Registrar will not refund any fees paid by the Registrant.

 

16. PUBLICITY

The Registrant shall not create, publish, distribute, or permit any written / Oral / electronic material that makes reference to us or our Service Providers or uses any of Registrar's registered Trademarks / Service Marks or our Service Providers' registered Trademarks / Service Marks without first submitting such material to us and our Service Providers and receiving prior written consent.

The Registrant gives Registrar the right to use the Registrant names in marketing / promotional material with regards to Registrar Products to Visitors to the Registrar Website, Prospective Clients and existing and new customers.

 

17. TAXES

The Registrant shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Registrar Products.

 

18. FORCE MAJEURE

Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a "Force Majeure Event") including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party's employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party's reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party's performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first six months of such interference, provided that such party uses best efforts to avoid or remove such causes of non performance as soon as possible.

 

19. ASSIGNMENT / SUBLICENSE

Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties; provided, however, that any such successor or assign be permitted pursuant to the Articles, Bylaws or policies of Registrar.

 

The Registrant shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person/s except as provided for in Section 8 (REGISTRANT - REGISTRANT TRANSFER) or with the prior written consent of Registrar.

 

Registrant agrees that if Registrant licenses the use of the Order to a third party, the Registrant nonetheless remains the Registrant of record, and remains responsible for all obligations under this Agreement.

 

20. NO GUARANTY

The Registrant acknowledges that registration or reservation of the Order does not confer immunity from objection to the registration, reservation, or use of the Order.

 

21. DISCLAIMER

THE CLOONE SPACE BILLING PANEL, REGISTRAR SERVERS, Cloone Space Billing Panel Servers, Registrar Website AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON "AS IS" AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.

 

REGISTRAR AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.

 

REGISTRAR AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, CLOONE SPACE BILLING PANEL OR BY ACCESSING REGISTRAR SERVERS. WITHOUT LIMITING THE FOREGOING, REGISTRAR AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH CLOONE SPACE BILLING PANEL OR REGISTRAR SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE CLOONE SPACE BILLING PANEL/REGISTRAR SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY REGISTRAR AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE CLOONE SPACE BILLING PANEL WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER.

 

REGISTRAR AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. REGISTRAR AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.

 

FURTHERMORE, REGISTRAR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE CLOONE SPACE BILLING PANEL, CLOONE SPACE BILLING PANEL SERVERS, REGISTRAR WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

22. JURISDICTION & ATTORNEY'S FEES

This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Registrar is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in city, state, country where Registrar is incorporated. Registrar reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management/Residence of the Registrant is situated as per the laws of that Country/State/District.

 

If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.

 

For the adjudication of disputes concerning or arising from use of the Order, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile and (2) the Registrar's country of incorporation.

 

23. MISCELLANEOUS

(1) Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa.

 

(2) There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein.

 

(3) The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator.

 

(4) This Agreement shall inure to the benefit of and be binding upon Registrar and the Registrant as well as all respective successors and permitted assigns.

 

(5) Survival: In the event of termination of this Agreement for any reason, Sections 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14, 16, 17, 20, 21, 22, 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23, 23(3), 23(5), 23(7), 23(11), 24(2) and all of Appendix A, and all Sections of Appendix B shall survive.

 

(6) This Agreement does not provide and shall not be construed to provide third parties (i.e. non-parties to this Agreement), with any remedy, claim, and cause of action or privilege against Registrar.

 

(7) The Registrant, Registrar, its Service Providers, Registry Operator, Resellers, and Customer are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the parties.

 

(8) Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, this Agreement.

 

(9) Construction: The Parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be applied in the construction or interpretation of this Agreement.

 

(10) Entire Agreement; Severability: This Agreement, including all Appendices constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.

 

(11) The division of this Agreement into Sections, Subsections, Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.

 

(12) This agreement may be executed in counterparts.

 

(13) Language. All notices, designations, and specifications made under this Agreement shall be made in the English Language only.

 

(14) Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in Mumbai, India (IST) i.e. GMT+5:30

 

24. BREACH

In the event that Registrar suspects breach of any of the terms and conditions of this Agreement:

 

(1) Registrar can immediately, without any notification and without assigning any reasons, suspend / terminate the Registrants access to the Cloone Space Billing Panel Server.

 

(2) The Registrant will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.

 

(3) Registrar can immediately, without any notification and without assigning any reasons, delete / suspend / terminate / freeze the Order.

 

25. NOTICE

(1) Any notice or other communication required or permitted to be delivered to Registrar under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered when delivered to contact address specified on the Registrar Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:30 (Indian Standard Time) and otherwise on the next Business Day.

 

(2) Any notice or other communication required or permitted to be delivered to the Registrant under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, given and received when delivered to contact address of the Registrant in the Cloone Space Billing Panel Database.

 

(3) Any notice or other communication to be delivered to any party via email under this agreement shall be deemed to have been properly delivered if sent in case of Registrar to its Legal Contact mentioned on the Registrar Website and in case of the Registrant to their respective email address in the Cloone Space Billing Panel Database.

 

APPENDIX 'A'
TERMS AND CONDITIONS OF CLOONE SPACE BILLING PANEL USAGE

This Appendix A covers the terms of access to the Cloone Space Billing Panel. Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement.

 

1. ACCESS TO Cloone Space Billing Panel

(1) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend Cloone Space Billing Panel Users' access to the Cloone Space Billing Panel in the event of significant degradation of the Cloone Space Billing Panel, or at any time Registrar may deem necessary.

 

(2) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the Cloone Space Billing Panel from time to time.

 

(3) Access to the Cloone Space Billing Panel is controlled by authentication information provided by Registrar. Registrar is not responsible for any action in the Cloone Space Billing Panel that takes place using this authentication information whether authorized or not.

 

(4) Registrar is not responsible for any action in the Cloone Space Billing Panel by a Cloone Space Billing Panel User.

 

(5) Cloone Space Billing Panel User will not attempt to hack, crack, gain unauthorized access, misuse or engage in any practice that may hamper operations of the Cloone Space Billing Panel including, without Limitation temporary / permanent slow down of the Cloone Space Billing Panel, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the Cloone Space Billing Panel and architecture needed to continue operation thereof.

 

(6) Cloone Space Billing Panel User will not send or cause the sending of repeated unreasonable network requests to the Cloone Space Billing Panel or establish repeated unreasonable connections to the Cloone Space Billing Panel. Registrar will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections.

 

(7) Cloone Space Billing Panel User will take reasonable measures and precautions to ensure secrecy of authentication information.

 

(8) Cloone Space Billing Panel User will take reasonable precautions to protect Cloone Space Billing Panel Data from misuse, unauthorized access or disclosure, alteration, or destruction.

 

(9) Registrar shall not be responsible for damage caused due to the compromise of your Authentication information in any manner OR any authorized/unauthorized use of the Authentication Information.

 

(10) Registrar shall not be liable for any damages due to downtime or interruption of Cloone Space Billing Panel for any duration and any cause whatsoever.

 

(11) Registrar shall have the right to temporarily or permanently suspend access of a Cloone Space Billing Panel User to the Cloone Space Billing Panel if Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the Cloone Space Billing Panel, or learns of any possible misuse that has occurred, or will occur with respect to a Cloone Space Billing Panel User.

 

(12) Registrar and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, Cloone Space Billing Panel

 

2. Terms of USAGE OF CLOONE SPACE BILLING PANEL

(1) Registrant, or its contractors, employees, directors, officers, representatives, agents and affiliates and Cloone Space Billing Panel Users, either directly or indirectly, shall not use or permit use of the Cloone Space Billing Panel, directly or indirectly, in violation of any federal, state or local rule, regulation or law, or for any unlawful purpose, or to promote adult-oriented or "offensive" material, or related to any unsolicited bulk e-mail directly or indirectly (such as by referencing an Cloone Space Billing Panel provided service within a spam email or as a reply back address), or related to ANY unsolicited marketing efforts offline or online, directly or indirectly, or in a manner injurious to Registrar, Registry Operator, Service Providers or their Resellers, Customers, or their reputation, including but not limited to the following:

 

(1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.);

 

(2) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic);

 

(3) Sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider;

 

(4) Offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ("spamware");

 

(5) Advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software;

 

(6) Harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Registrar;

 

(7) Impersonating another user or entity or an existing company/user/service or otherwise falsifying one's identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere;

 

(8) Using Cloone Space Billing Panel services to point to or otherwise direct traffic to, directly or indirectly, any material that, in the sole opinion of Registrar, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Registrar, to be threatening or obscene or inappropriate;

 

(9) Using Cloone Space Billing Panel directly or indirectly for any of the below activities activities:

 

(1) Transmitting Unsolicited Commercial e-mail (UCE);

 

(2) Transmitting bulk e-mail;

 

(3) Being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist;

 

(4) Posting bulk Usenet/newsgroup articles;

 

(5) Denial of Service attacks of any kind;

 

(6) Excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Registrar in its sole discretion;

 

(7) Copyright or trademark infringement;

 

(8) Unlawful or illegal activities of any kind;

 

(9) Promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse);

 

(10) Causing lossage or creating service degradation for other users whether intentional or inadvertent.

 

(2) Registrar in its sole discretion will determine what constitutes as violation of appropriate usage including but not limited to all of the above.

 

(3) Data in the Cloone Space Billing Panel Database cannot be used for any purpose other than those listed below, except if explicit written permission has been obtained from Registrar:

 

(1) To perform services contemplated under this agreement; and

 

(2) To communicate with Registrar on any matter pertaining to Registrar or its services

 

(4) Data in the Cloone Space Billing Panel Database cannot specifically be used for any purpose listed below :

 

(1) Mass Mailing or SPAM; and

 

(2) Selling the data

 

APPENDIX 'B'
PAYMENT TERMS AND CONDITIONS

(1) Registrar will accept payment for the Order from the Customer or Resellers.

(2) In the event that a payment made via Credit Card or the payment instrument sent by the Customer or Reseller bounces due to Lack of Funds or any other Reason, then

(1) Registrar may immediately suspend Cloone Space Billing Panel Users' access to the Cloone Space Billing Panel

(2) Registrar has the right to terminate this agreement with immediate effect and without any notice.

(3) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders placed of the Registrant as well as stop / suspend / delete / transfer any Orders currently being processed.

(4) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all Orders placed by the Registrant to another Customer, or under Registrar's account.

(5) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same.

(6) Registrar shall have the right to initiate any legal proceedings against the Registrant to recover any such liabilities.

 

APPENDIX 'C'
.COM/.NET/.ORG SPECIFIC CONDITIONS

If the Order is a .COM/.NET/.ORG domain name, the Registrant, must also agree to the following terms:

 

1. PROVISION OF REGISTRATION DATA

 

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:

 

(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;

 

(2) the primary nameserver and secondary nameserver(s), if any for the domain name;

 

(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;

 

(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;

 

(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and

 

2. DOMAIN NAME DISPUTE POLICY

You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.

 

APPENDIX 'D'
.BIZ SPECIFIC CONDITIONS

If the Order is a .BIZ domain name, the Registrant, must also agree to the following terms:

 

1. CONDITIONS FOR .BIZ REGISTRATIONS

 

(1) Registrations in the .BIZ TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .BIZ Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS -

(1) To exchange goods, services, or property of any kind;

 

(2) In the ordinary course of trade or business; or

 

(3) To facilitate:

 

(1) the exchange of goods, services, information, or property of any kind; or,

 

(2) the ordinary course of trade or business.

 

(2) Registering a domain name solely for the purposes of

 

(1) selling, trading or leasing the domain name for compensation, or

 

(2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.

 

2. CERITIFICATION FOR .BIZ REGISTRATIONS

 

(1) As a .BIZ domain name Registrant, you hereby certify to the best of your knowledge that the registered domain name will be used primarily for bona fide business or commercial purposes and not exclusively for personal use or solely for the purposes of selling, trading or leasing the domain name for compensation, or the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .BIZ restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html

 

(2) The domain name Registrant has the authority to enter into the registration agreement

 

(3) The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.

 

3. PROVISION OF REGISTRATION DATA

 

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:

 

(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;

 

(2) the primary nameserver and secondary nameserver(s), if any for the domain name;

 

(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;

 

(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;

 

(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and

 

4. DOMAIN NAME DISPUTE POLICY.

You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference.

 

The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.

 

The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html

 

The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.

 

The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name with any third party (other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.

 

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.

 

The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

 

APPENDIX 'E'
.INFO DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .INFO domain name, the Registrant, must also agree to the following terms:

 

(1) Registrant agrees to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) as laid out at http://www.icann.org/udrp/udrp.htm and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are available at http://www.afilias.info. These policies are subject to modification.

 

(2) Registrant acknowledges that Afilias, the registry operator for .INFO, 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:

 

(1) the ability or inability of a registrant to obtain a Registered Name during these periods, and

 

(2) the results of any dispute over a Sunrise Registration.

 

APPENDIX 'F'
.NAME SPECIFIC CONDITIONS

If the Order is a .NAME domain name, or a .NAME Email Forward, the Registrant, must also agree to the following terms:

 

1. .NAME REGISTRATION RESTRICTIONS

 

Domain Name and Email Forward 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.

 

2. .NAME CERTIFICATIONS

 

As a .NAME domain name or Email Forward Registrant, you hereby certify to the best of your knowledge that the SLD is your Personal Name.

 

3. PROVISION OF REGISTRATION DATA

 

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:

 

(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;

 

(2) the primary nameserver and secondary nameserver(s), if any for the domain name;

 

(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;

 

(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;

 

(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and

 

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.

 

4. DISPUTE POLICY

You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference:

 

(1) the Eligibility Requirements (the "Eligibility Requirements"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;

 

(2) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm; and

 

(3) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm

 

The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the landrush procedures in connection with the opening of the Registry TLD. The following categories of Personal Name Registrations may be registered:

 

(1) the Personal Name of an individual;

 

(2) the Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name;

 

(3) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names.

 

The ERDRP applies to challenges to

 

(1) registered domain names and SLD email address registrations within .NAME on the grounds that a Registrant does not meet the Eligibility Requirements, and

 

(2) to Defensive Registrations within .NAME.

 

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than Global Name Registry ("Registry Operator") or Registrar over the registration and use of an Internet domain name registered by a Registrant.

 

5. .NAME EMAIL FORWARD ADDITIONAL CONDITIONS

 

If the Order is a .NAME email forward, the Registrant, must also agree to the following additional terms and conditions:

 

(1) You acknowledge that you are responsible for all use of Email Forwarding, including the content of messages sent through Email Forwarding.

 

(2) You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage.

 

(3) Without prejudice to the foregoing, you undertake not to use Email Forwarding:

 

(1) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;

 

(2) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;

 

(3) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or

 

(4) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list

 

(4) Users are not permitted to provide false names or in any other way to pose as somebody else when using Email Forwarding.

 

(5) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator's Email Forwarding.

 

(6) On discontinuing Email Forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.

 

APPENDIX 'G'
.NAME DEFENSIVE REGISTRATIONS SPECIFIC CONDITIONS

If the Order is a .NAME Defensive Registration, the Registrant, must also agree to the following terms:

 

1. DEFENSIVE REGISTRATIONS

 

Defensive Registrations allow owners of nationally registered marks to exclusively pre-register on the .NAME space and create a protective barrier for their trademarks. A "Defensive Registration" is a registration granted to a third party of a specific string on the second or third level, or of a specific set of strings on the second and third levels, which will not resolve within the domain name system but may prevent the registration of the same string(s) on the same level(s) by other third party applicants.

 

2. PHASES OF DEFENSIVE REGISTRATIONS

 

(1) As a Defensive Registration Registrant ("Defensive Registrant"), you hereby certify to the best of your knowledge that for Phase I Defensive Registrations ("Phase I Defensive Registrants"), you own valid and enforceable trademark or service mark registrations having national effect that issued prior to April 16, 2001 for strings that are identical to the textual or word elements, using ASCII characters only, subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD. You understand that trademark or service mark registrations from the supplemental or equivalent Registry of any country, or from individual states or provinces of a nation, will not be accepted. Subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD, if a trademark or service mark registration incorporates design elements, the ASCII character portion of that mark may qualify to be a Phase I Defensive Registration.

 

(2) Phase II Defensive Registrants may apply for a Defensive Registration for any string or combination of strings.

 

(3) Defensive Registrants, whether Phase I or Phase II shall comply with the following Eligibility Requirements, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm, the summary of which is as follows:

 

(1) There are two levels of Defensive Registrations, each of which is subject to payment of a separate fee;

 

(2) Multiple persons or entities may obtain identical or overlapping Defensive Registrations upon payment by each of a separate registration fee;

 

(3) The Defensive Registrant must provide the information requested in Section 3(i) below;

 

(4) A Defensive Registration will not be granted if it conflicts with a then-existing Personal Name Registration or other reserved word or string.

 

3. PROVISION OF REGISTRATION DATA

 

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. You must provide contact information, including name, email address, postal address and telephone number, for use in disputes relating to the Defensive Registration. You understand and agree that this contact information will be provided as part of the Whois record for the Defensive Registration. 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.

 

In addition to the information provided in subsection 1. above, Phase I Defensive Registrants must also provide:

 

(1) the name, in ASCII characters, of the trademark or service mark being registered;

 

(2) the date the registration issued;

 

(3) the country of registration; and

 

(4) the registration number or other comparable identifier used by the registration authority.

 

4. DISPUTE POLICY

 

If you registered a Defensive Registration, you agree that:

 

(1) the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy ("ERDRP");

 

(2) if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and

 

(3) if a challenge is successful, then the Defensive Registration will be subject to the procedures described in Section 2(h) of Appendix L to the agreement of Global Name Registry ("Registry Operator") with the Internet Corporation for Assigned Names and Numbers ("ICANN"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;

 

(4) if a Phase I Defensive Registration is successfully challenged on the basis that it did not meet the applicable Eligibility Requirements, the Defensive Registrant will thereafter be required to demonstrate, at its expense, that it meets the Eligibility Requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .NAME through any Registrar. In the event that the Defensive Registrant is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s) will be cancelled;

 

(5) The ERDRP applies to, among other things, challenges to Defensive Registrations within .NAME and is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.

 

5. CONSENT

 

Defensive Registrants may be asked to give their consent to allow individuals to share a part of their space. For example, if you have filed a Defensive Registration on PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give consent to John Pqr to register JOHN.PQR.name if he can prove that PQR is his name. In such a circumstance, you will have five (5) days to respond to a request for consent.

 

APPENDIX 'H'
.IN DOMAIN NAME SPECIFIC CONDITIONS

 

If the Order is a .IN domain name, the Registrant, must also agree to the following terms:

 

1. REPRESENTATIONS AND WARRANTIES

 

You represent and certify that, to the best of your knowledge and belief:

 

(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used, infringes the legal rights of any third party, breaks any applicable laws or regulations, including discrimination on the basis of race, language, sex or religion, is used in bad faith or for any unlawful purpose,

 

(2) your registered domain name is not contrary to public policy and the content of the website does not violate any Indian Laws.

 

2. DOMAIN DISPUTE POLICY

 

You agree to be bound by the dispute policies as decided by the .IN Registry and published at http://www.registry.in that are incorporated herein and made a part of this Agreement by reference.

 

APPENDIX 'I'
.EU DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .EU domain name, the Registrant, must also agree to the following terms:

 

1. REPRESENTATIONS AND WARRANTIES

 

You represent and certify that, to the best of your knowledge and belief:

 

(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party,

 

(2) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder,

 

(3) you are registering an .eu domain name as either:

 

(1) an undertaking having its registered office, central administration or principal place of business within the European Union Community, or

 

(2) an organisation established within the EU Community without prejudice to the application of national law, or

 

(3) a natural person resident within the EU Community.

 

(4) you are of legal age to enter into this Agreement, and

 

(5) you agree to comply with all applicable laws, regulations and policies of the .EU Registry. The details of the same can be obtained from http://www.eurid.eu/.

 

2. PROVISION OF REGISTRATION DATA

 

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:

 

(1) the full name of the Registrant; where no name of a company or organisation is specified, the individual requesting registration of the Domain Name will be considered the Registrant; if the name of the company or the organisation is specified, then the company or organisation is considered the Registrant,

 

(2) address and country within the European Union Community:

 

(1) where the registered office, central administration or principal place of business of the undertaking of the Registrant is located, or

 

(2) where the organisation of the Registrant is established, or

 

(3) where the Registrant resides,

 

(3) e-mail address of the Registrant,

 

(4) the telephone number where the Registrant can be contacted.

 

3. DOMAIN DISPUTE POLICY

 

You agree to submit to proceedings under Domain Dispute policies set forth by the EU Registry. These policies are available in the EU Regulation 874/2004 at http://www.eurid.eu and are hereby incorporated and made an integral part of this Agreement.

 

5. SUSPENSION, CANCELLATION OR TRANSFER

 

Your registration of the domain name shall be subject to suspension, cancellation, or transfer -

 

(1) pursuant to the rules set forth by the EU Registry within the EU Regulation 874/2004 or any other policy listed at http://www.eurid.eu/, or

 

(2) to correct mistakes by Registrar or the EU Registry in registering the name, or

 

(3) for the resolution of disputes concerning the domain name.

 

APPENDIX 'J'
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS

1. DESCRIPTION OF SERVICES

 

The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.

 

2. IMPLEMENTATION DETAILS

 

(1) Registrant acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Registrar, and

 

(1) any mail received via post at this Address would be rejected;

 

(2) any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;

 

(3) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address in the Cloone Space Billing Panel Database.

 

(2) Registrant agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, or Customer of a privacy protected Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Registrar and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.

 

(3) Registrant understands that the Privacy Protection Service is only available for certain TLDs.

 

(4) Irrespective of whether Privacy Protection is enabled or not, Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement.

 

(5) Registrant understands and acknowledges that Registrar in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:

 

(1) if Registrar receives any abuse complaint for the privacy protected domain name, or

 

(2) pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or

 

(3) for the resolution of disputes concerning the domain name, or

 

(4) for any other reason that Registrar in its sole discretion deems appropriate to switch off the Privacy Protection Services.

 

3. INDEMNITY

Registrant agrees to release, defend, indemnify and hold harmless Registrar, Service Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to the Privacy Protection services provided hereunder.

 

APPENDIX 'K'
.ASIA DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .ASIA domain name, the Registrant, must also agree to the following terms:

 

1. DEFINITIONS

 

(1) "Charter Eligibility Declaration Contact" ("CED Contact") is a contact that is designated to make the declaration that it meets the Charter Eligibility Requirement for registering a .ASIA domain name.

 

(2) "Charter Eligibility Requirement" means the eligibility requirement set out in the .ASIA Charter, that the Registered Name Holder is required to comply with. The policy for such requirement, the "Charter Eligibility Requirement Policy" is stated on DotAsia's website at http://policies.registry.asia.

 

2. REPRESENTATIONS AND WARRANTIES

 

You represent and certify that, to the best of your knowledge and belief:

 

(1) you are aware that registering a .ASIA domain name, involves you contracting with the .ASIA Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://policies.registry.asia.

 

(2) you are aware that every .ASIA domain name must specify a CED Contact, that is a legal entity or natural person in the DotAsia Community. The DotAsia Community is defined based on the geographical boundaries described by the ICANN Asia / Australia / Pacific region (http://www.icann.org/montreal/geo-regions-topic.htm).

 

(3) you are aware that in the event you do not have a legal entity or natural person in the DotAsia Community, the Registrar allows you to designate a Registrar-assigned CED Contact, to facilitate your .asia domain name registration.

 

(4) you have made known to the Charter Eligibility Declaration Contact (CED Contact), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder's legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited's .ASIA Charter Eligibility Requirement Policy published from time to time. Registered Name Holder acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.

 

(5) in the event of a domain name dispute both the CED Contact and the Registrant Contact can be named as the responding party, the CED Contact however is responsible only for acknowledging the dispute proceedings and to refer the case to the Registrant Contact. The Registrant Contact shall remain solely responsible for all operations and liabilities regarding the use of the domain.

 

3. DOMAIN DISPUTE POLICY

 

You agree to be bound by the current ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP), available at http://www.icann.org/dndr/udrp/policy.htm and ICANN's Charter Eligibility Dispute Resolution Policy (CEDRP), available at http://www.icann.org/udrp/cedrp-policy.html, that are incorporated herein and made a part of this Agreement by reference.

 

APPENDIX 'L'
.UK DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .UK domain name, the Registrant, must also agree to the following terms:

 

1. REPRESENTATIONS AND WARRANTIES

 

You represent and certify that, to the best of your knowledge and belief:

 

(1) you are aware that registering a .UK domain name, involves you contracting with the Nominet which is the .UK Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.nominet.org.uk/.

 

(2) you agree to comply with all applicable laws, regulations and policies of Nominet available on their website at http://www.nominet.org.uk/.

 

2. DOMAIN DISPUTE POLICY

 

You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by Nominet. These policies are available at http://www.nominet.org.uk/ and are hereby incorporated and made an integral part of this Agreement.

Anti Spam Policy

Cloone Space ("Cloone Space") maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the Malaysia law.

 

It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this policy and law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with this policy.

 

1. You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:
   a. Use or contain invalid or forged headers
   b. Use or contain invalid or non-existent domain names
   c. Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
   d. Use other means of deceptive addressing
   e. Use a third party's Internet domain name, or be relayed from or through a third party's equipment, without permission of the third party
   f. Contain false or misleading information in the subject line or otherwise contain false or misleading content
   g. Fail to comply with additional technical standards described below
   h. Otherwise violate Cloone Space's User Agreement, AUP and other Terms of Service
2. Cloone Space does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. Cloone Space does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Users or subscribers, including but not limited to subscriber e-mail addresses, which are Cloone Space's confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service.
3. Cloone Space does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party's use and enjoyment of any Cloone Space product or service.
4. We monitor for SPAM all traffic to and from our servers. Customers suspected of using Cloone Space's products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is Cloone Space's policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.
5. Any mailing list must be a double opt-in list. This means that a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
6. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Cloone Space may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
7. Users are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.
8. Users are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services.
9. It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use Cloone Space systems, networks or resources. E-mail not in compliance with this policy - regardless of source - which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of Cloone Space is prohibited.
10. If Cloone Space believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Cloone Space may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
11. Cloone Space reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a User without any notification. In addition to any and all other rights hereunder or otherwise, if a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in Cloone Space's sole judgment, which could disrupt Cloone Space's business operations, Cloone Space reserves the right to charge such Customer an administrative fee equal to RM100.00 per each piece of SPAM sent.
12. To report an incidence of SPAM, please send an e-mail to [email protected]
13. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of Cloone Space's rights.
14. Unauthorized use of our network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Malaysia law.

Acceptable Use Policy (AUP)

We've developed this Acceptable Use Policy (AUP) to help our Customers understand their responsibilities when using our services. It explains our policies regarding activities that may be harmful to our Users or compromise the efficiency of our shared hosting environment.

We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this AUP or the nature of the Internet as an open, efficient method of communicating and conducting business.

To meet the changing needs of our Users, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage you to review this AUP on our Web site(s) periodically.

If you feel you have discovered a violation of any area of our AUP, please report it to:

E-mail: [email protected]

1. General Information. As used herein, the term "User" or "Users" shall include any and all users, Customers, subscribers, affiliates (including without limitations Customers or non-Customers to whom Cloone Space provides links or banners to promote the services or products of Cloone Space or any third party the services or products of which are offered by or obtained through or in connection with Cloone Space), resellers or others (i) who sign up for, use or obtain services or products from Cloone Space or from any third party services or products of which are offered by or obtained through or in connection with Cloone Space, or (ii) who visit the Web site of Cloone Space or of any such third party. As a provider of Internet/World Wide Web access, Web site hosting, and other Internet-related services, Cloone Space, ("Cloone Space") offers Users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Cloone Space respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Cloone Space reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Cloone Space has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each User's respective service agreement and is intended as a guide to the User's rights and obligations when utilizing Cloone Space's services. This AUP will be revised from time to time. A User's use of Cloone Space's services after changes to the AUP are posted on Cloone Space's Web site, under the Terms of Service section, will constitute the User's acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Users or others obtain information through the Internet, they must keep in mind that Cloone Space cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Cloone Space cannot monitor or censor the Internet, and will not attempt to do so, Cloone Space cannot and does not accept any responsibility for injury to its Users or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Users or others disseminate information through the Internet, they also must keep in mind that Cloone Space does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create. When Users or others place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Cloone Space's network and may reach a large number of people, including both Users and subscribers and non-subscribers of Cloone Space, Users' postings to the Internet may affect others and may harm Cloone Space's goodwill, business reputation, and operations. For these reasons, Users violate Cloone Space policy and the service agreement when they, their users, customers, subscribers, employees, affiliates, or subsidiaries engage in activities described herein.

 

2. Scope. This AUP governs the usage of products and services of Cloone Space or of any third party which are subscribed to or obtained through Cloone Space (the "Services"). This AUP is incorporated by reference into each contract Cloone Space or any such third party enters into with a User for the use of such Services. Cloone Space may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Web site of Cloone Space so that no person who utilizes the Web site or services of Cloone Space (regardless of whether that person is a User) may take any action utilizing the Web site of Cloone Space that a User would be prohibited to take utilizing the Services.

 

3. Purpose. The purpose of this AUP is to enhance the quality of the Services and to protect Users, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each User. Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.

 

4. Prohibited Uses. Users may not:
1. Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as "spam" or "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Cloone Space, but also because it can overload Cloone Space's network and disrupt service to its Users subscribers. Irrespective of whether an email campaign constitutes spamming as defined herein, Cloone Space allows a maximum of 500 emails per hour to be sent from any hosting account. Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound e-mail traffic is subject to review and possible action. When a complaint is received, Cloone Space has the absolute and sole discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list, or whether the outbound e-mail traffic generated from an account is suitable for a shared hosting environment.

 

2. Utilize the Services in connection with any illegal activity or activity otherwise prohibited by this AUP. Without limiting the general application of this rule, Users may not:
1. Utilize the Services for or in connection with any activities or content determined by Cloone Space, in its sole discretion, to be related to gambling, adult, obscene or pornographic materials or content, harassment, defamation, libel and hate speech or other offensive speech or content, or for any unlawful purpose, including without limitation, fraud, money laundering, child pornography, terrorist-related activities, activities in violation of Malaysia export or import laws, any executive orders, or any rules, regulations, infringement on rights of others, trafficking in illegal drugs, or any products or services that are prohibited under applicable law, or which Cloone Space determines to be controversial or disruptive to the operations of Cloone Space or any other User or third party;

 

2. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;

 

3. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;

 

4. Utilize the Services to Forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message; or

 

5. Utilize the Services in any manner that violates applicable law.

 

 

3. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users and Users may not:
1. Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

 

2. Utilize the Services in connection with any other disruptive, controversial or abusive activity, as determined by Cloone Space in its sole discretion. Without limiting the general application of this rule, Users may not:
1. Utilize the Services to cause denial of service attacks against Cloone Space or other network hosts or Internet users or to otherwise degrade or impair the operation of Cloone Space's servers and facilities or the servers and facilities of other network hosts or Internet users; or

 

2. Post messages or software programs that consume excessive CPU time; or

 

3. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User's own account; or

 

4. Resell or allow access to or use of, any of our Services except as and only to the extent permitted in one of our authorized Reseller programs. Further, by way of expansion and not by limitation, you may not store files or other data of third parties on our servers; or

 

5. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Cloone Space systems, facilities or equipment; or

 

6. Utilize the Services to gain unauthorized access to the computer networks of Cloone Space or any other person; or

 

7. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code; or

 

8. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames); or

 

9. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services; or

 

10. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator); or

 

11. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or

 

12. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or

 

13. Utilize the Services in any manner that might subject Cloone Space to unfavorable regulatory, law enforcement or other legal action, subject Cloone Space to any liability for any reason, or adversely affect Cloone Space's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Cloone Space in its sole discretion;

 

14. While on a shared hosting platform, utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with Web site/e-mail hosting, including, without limitation, (A) directly opening any listening port, (B) starting any 'daemon' process, (C) performing local/remote security scans, (D) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, (E) circumventing firewall restrictions, (F) connecting to any IRC/Peer to Peer file sharing server/network, (G) providing 'tracker' services to 'BitTorrent' clients and/or (H) exploiting web browser vulnerabilities, as determined by Cloone Space in its sole discretion; or

 

15. Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of Cloone Space, including, but not limited to, telephone lines, e-mail addresses, fax lines, bulletin boards or contact/signup forms; or

 

16. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

 

5. Violations:
1. Disclaimer. Cloone Space expressly disclaims any obligation to and does not monitor its Users and other Users with respect to violations of this AUP. Cloone Space has no liability or responsibility for the actions of any of its Users or other Users or any content any User may post on any Web site.

 

2. Reporting Non-Copyright Violations. Cloone Space encourages Users to report violations of this policy by e-mail to: [email protected], including in any such report the name of the offending domain (for example, example.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.

 

3. Remedies. If Cloone Space learns of a violation of this AUP, Cloone Space will respond to the applicable User and may, in Cloone Space's sole discretion, take any or all of the following actions, with or without notice as it deems necessary or appropriate in accordance with the severity and duration of the violation:
1. Warning the User: and/or
2. Suspending the offending User from the Services; and/or Terminating or cancelling, or disconnecting the offending User from, the Services; and/or
3. Imposing fees or charges on the offending User account in accordance with the applicable service contract; and/or
4. Removing the offending content; and/or
5. Taking other action in accordance with this AUP, the applicable service contract or applicable law.

 

6. Reservation of Rights. Cloone Space reserves the right to cooperate with and provide any and all User information and data to appropriate legal authorities in investigations or reporting of claims of illegal activity involving Cloone Space's Services. Cloone Space reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. Cloone Space may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each User agrees that Cloone Space is authorized to monitor its communications through Cloone Space's network for such purposes.