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Legal Information

Our Legal Information have been written in order to protect our clients and ourselves to ensure we deliver a stable, reliable product and quality network. We ask that you read our policies so that you can assist us in keeping our servers and network free of abuse, which will ensure quality performance for everyone.

When you sign up for any of our services, you are agreeing to our terms of service. Although we will do our best to work with our customers in the event of a breech of policy, we will also take a firm line when necessary to protect our other customers and network.

Clients of IrmaWeb.com, including but not limited to Virtual Account Clients, Shared Hosting, Web Design and Development, Resellers, Dedicated Server Clients, and Domain Registration Clients, are required to agree and conform to the following terms of service (TOS) and acceptable use policies. Violations of these policies may result in loss of service and/or other disciplinary action.

Our legal information includes the following categories.

  • Privacy Policy
  • Term of Service
  • VPS Term of Service
  • Domain Agreements
  • Email Policy
  • Copyright & Disclaimer

PRIVACY POLICY

Effective May 15, 2009

In order for us to give the best services to all our clients, we have set out the following policies. These policies may change from time to time without prior notice. Please read them before purchasing on IrmaWeb.com. IRMA GROUP SDN BHD (“IrmaWeb.com”) reserves the right in refusing to host any site deemed unsuitable. The determination of what is deemed unsuitable or prohibited shall be solely made by IrmaWeb.com. IrmaWeb.com reserves the right to refuse its services or access to any account deemed to have been used inappropriately. Violation of policy will result on immediate suspension of the account involved without refund.

We are committed to protecting your privacy

We collect the minimum amount of information about you that is commensurate with providing you with a satisfactory service. This Policy indicates the type of processes that may result in data being collected about you. The purpose of this Privacy Policy to enable you to understand which personal identifying information (“PII”, “Personal Information”) of yours is collected, how and when we might use your information, who has access to this information, and how you can correct any inaccuracies in the information. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our website.

Information Collected

We may collect any or all of the information that via both automated means such as communications profiles and cookies. Personal Information you give us depends on the type of service, support, or sale inqury, and may include your name, address, telephone number, fax number and email address, dates of service provided, types of service provided, payment history, manner of payment, amount of payments, date of payments, domain name, credit card or other payment information. The financial information will be transferred only be used to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. All sensitive information is collected on a secure server and data is transferred. When transferring personal information a security icon will appear in your browser.

Information Use

This information is used for billing and to provide service and support to our customers. We may also study this information to determine our customers needs and provide support for our customers. All reasonable precautions are taken to prevent unauthorised access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details. IrmaWeb.com may email its monthly newsletter to the primary contact e-mail on file, but customers are able to opt out of this newsletter at any time.

Log Files

We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. It is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and Web browsing.

Cookies

Your Internet browser has the in-built facility for storing small text files – “cookies” – that hold information which allows a website to recognize your account. We use cookies to save your preferences and login information, and provide personalized functionality. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on the IrmaWeb.com website. More information about cookies can be found at http://en.wikipedia.org/wiki/HTTP_cookie.

Disclosing Information

We do not disclose any personal information obtained about you from this website to third parties. This does not apply to affiliates that provide services to you based on links provided within your CPanel access and control, wherein information will be shared to facilitate your use of additional amenities included with your hosting account.

We may use personal information to keep in contact with you and inform you of developments associated with our business. We may also disclose aggregate, anonymous data based on information collected from users to potential partners, our affiliates, and reputable third parties. We take all available measures to select affiliates and service providers that are ethical and provide similar privacy protection to their customers and the community. We do not make any representations about the practices and policies about these companies.

Correcting/Updating Personal Information

If a customer’s personally identifiable information changes, or if a customer no longer desires our services, we will endeavor to provide a way to correct, update or remove that customer’s personal data in our records. In most cases, this can be achieved via our billing system. Otherwise, please contact us at sales@irmaweb.com

Opt Out & Modifications By default, customers do receive any voluntary system updates, such as the newsletters, invoices, and mailings. Any customer who voluntarily receives these updates may unsubscribe at any time. Customers may not opt out of possibly receiving important system notifications, in the rare event that such notification would be necessary.

Security

IrmaWeb.com uses technical security measures to prevent the loss, misuse, alternation or unauthorized disclosure of information under our control. IrmaWeb.com uses security measures including and not limited to: physical, electronic and managerial procedures to safeguard and secure the information we collect online. When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer (“SSL”) technology.

Data and Information Submitted to Another Person or Entity on Our Network

As mentioned above, IrmaWeb.com collects certain data and confidential information from customers relating to our web site hosting and domain registration services, and this Privacy Policy applies only to that data and confidential information submitted to us. This Privacy Policy does not apply to, nor does IrmaWeb.com, data or confidential information that is submitted to another person or entity for whom IrmaWeb.com may provide hosting or domain name registration services, but regarding which we exercise no authority or control. An independent evaluation of that person or entity’s own privacy policy should be made before submitting data or confidential information to them.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials to enforce and comply with the law. We will disclose any information about Users upon valid request by government or law officials as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect your property and rights, or the property and rights of a third party, to protect the safety of the public or any person, or stop activity we consider illegal or unethical.

Changes to this Policy

Any changes to our Privacy Policy will be placed here and will supersede this version of our Policy. We will take reasonable steps to draw your attention to any changes in our Policy. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still meets with your approval.

Enforcement and Dispute Resolution

IrmaWeb.com has established internal mechanisms to verify its ongoing adherence to its privacy policy. IrmaWeb.com also encourages individuals covered by this privacy policy to raise any concerns about our processing of personal information by contacting IrmaWeb.com at the address below.

No 18-01, Jalan Tasik Utama 5,
Medan Niaga Tasik Damai,
The Trilium Lakefields,
57000 Kuala Lumpur, Malaysia

IrmaWeb.com will seek to resolve any concerns.

Contacting Us

If you have any questions about our Privacy Policy, or if you want to know what information we have collected about you, please email us at privacy@irmaweb.com. You can also correct any factual errors in that information or require us to remove your details from any list under our control. You can also email us at privacy@irmaweb.com.


TERM OF SERVICE

The use of services from IrmaWeb.com, constitutes agreement to these terms. You may view our Privacy Policy here.

1.) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with IrmaWeb.com, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. IrmaWeb.com is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. 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 you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Ownership

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

Transfers

Our transfers team will make every effort to help you move your 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.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Dedicated IP Address Allocation

Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. IrmaWeb.com is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

2.) Content

All services provided by IrmaWeb.com may only be used for lawful purposes. The laws of the Malaysia government apply.

The customer agrees to indemnify and hold harmless IrmaWeb.com from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@irmaweb.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • Anonymous or Bulk SMS Gateways

Examples of unacceptable material on all Dedicated/VPS servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

IrmaWeb.com services, including all related equipment, networks and network devices are provided only for authorized customer use. IrmaWeb.com systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of IrmaWeb.com system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. IrmaWeb.com may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Sites hosted on IrmaWeb.com’s service(s) are regulated only by Malaysia law. Given this fact, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. IrmaWeb.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

Internet services providers like IrmaWeb.com and many of irmaweb.com’s other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, IrmaWeb.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under IrmaWeb.com’s webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at abuse@irmaweb.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Please read http://www.irmaweb.com/mailpolicy for our generalized mail policy.
Please read http://www.irmaweb.com/dedicated-mailpolicy for our dedicated/vps server mail policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

IrmaWeb.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

IrmaWeb.com reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of IrmaWeb.com.

4.) Payment Information

You agree to supply appropriate payment for the services received from IrmaWeb.com, in advance of the time period during which such services are provided. You agree that until and unless you notify IrmaWeb.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of IrmaWeb.com, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify IrmaWeb.com of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by IrmaWeb.com. IrmaWeb.com reserves the right to bill your credit card or billing information on file with us. IrmaWeb.com provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a late fee and/or an account suspension until account balance has been paid in full. The late fee is applied in addition to whatever else is owed to IrmaWeb for services rendered. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our sales team via email at sales@irmaweb.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and IrmaWeb.com cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email at sales@irmaweb.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@irmaweb.com

IrmaWeb.com reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. IrmaWeb.com is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on IrmaWeb.com servers.

6.) Cancellations and Refunds

IrmaWeb.com reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in US/MYR, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and IrmaWeb.com is not responsible for any change in exchange rates between time of payment and time of refund.

Customers may cancel at any time via a cancellation form. IrmaWeb.com gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice.

Cancellations requested after the initial 30 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 30 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

  • Bank Wire Transfers
  • Western Union Payments
  • Checks
  • Money orders
  • Paypal
  • Ipay88
  • MOLpay

There are no refunds on dedicated/vps servers, administrative fees, and install fees for custom software. Refund requests for .com, .net., and .org domain names (made within the 30 day money-back guarantee period) will have the common market value subtracted for those tld’s. Any ccTLD’s domain name purchases are non-refundable. Please note that domain refunds will only be considered if they were ordered in conjunction with a hosting package. Eligibility of said refunds will be determined at the time of cancellation.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage

User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include (“http://yourdomain.com/include.php”) use include(“include.php”)
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

7b.) INODES

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

7c.) Backup Limit

Any shared account using more than 10 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9a.) Money back Guarantee

On dedicated servers no full refund will be honored — the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of IrmaWeb.com’s managed shared, VPS, and reseller servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

IrmaWeb.com will not activate new orders or activate new packages for customers who have an outstanding balance with IrmaWeb.com. For a new order to be setup or a new package to be activated, you must have a balance of 0.00, unless otherwise stated by IrmaWeb.com in writing.

9b.) Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99% uptime or caused from scheduled maintenance you may receive one month of credit on your account. Approval of the credit is at the discretion of IrmaWeb.com dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@irmaweb.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee. Scheduled maintenance will not count towards the network guarantee.

10.) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. IrmaWeb.com does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. IrmaWeb.com will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11.) Shared (non-reseller accounts) / Semidedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

12.) Dedicated Servers

IrmaWeb.com reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. IrmaWeb.com reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@irmaweb.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on irmaweb.com, and the right to increase the amount of resources given to plans at any time. You can change/upgrade your package as well.

14.) Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

15a.) Indemnification

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

15b.) Arbitration By using any IrmaWeb.com services, you agree to submit to binding arbitration. If any disputes or claims arise against IrmaWeb.com or its subsidiaries, such disputes will be handled by an arbitrator of IrmaWeb.com’s choice. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

16.) Disclaimer

IrmaWeb.com shall not be responsible for any damages your business may suffer. IrmaWeb.com makes no warranties of any kind, expressed or implied for services we provide. IrmaWeb.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by IrmaWeb.com and its employees.

17.) Disclosure to law enforcement

IrmaWeb.com may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

18.) Changes to the TOS

IrmaWeb.com reserves the right to revise its policies at any time without notice.


VPS TOS

The use of services from IrmaWeb.com, constitutes agreement to these terms. You may view our Privacy Policy here.

1.) Cancellations and Refunds

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via a cancellation form. IrmaWeb.com gives you an unconditional 30 day money back guarantee on Virtual Private Servers for any customer who paid the first invoice with a credit card or with Paypal.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

  • Bank Wire Transfers
  • Western Union Payments
  • Checks
  • Money orders
  • Paypal
  • Ipay88
  • MOLpay

2.) Resource Usage Limits

VPS accounts may not:

a) exceed a 15 minute load average greater than two (2) times the amount of CPU cores given.
b) run public IRCd’s or malicious bots.
c) run any type of BitTorrent client or tracker that links to or downloads illegal content.
d) use an Open/Public proxy, or utilize a proxy to access illegal/malicious content.
e) use I/O intensive applications which adversely affect normal server operations.

3.) Inodes

VPS accounts come with a default inode limit of 1,000,000 to better protect the file system. The limit can be increased if there is a legitimate reason to have it increased. To make a request, please email our support team.

4.) Mail Policy

VPS accounts will be governed by our dedicated server mail policy, which is available at Dedicated server mail policy.

5.) Backup and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. IrmaWeb.com is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on IrmaWeb.com servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by IrmaWeb.com.

6) Uptime Guarantee

Approval of any credit is at the discretion of IrmaWeb.com dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@irmaweb.com with proper justification. All requests must be made in writing via email. The 99% up time guarantee only applies to shared/reseller solutions. Dedicated and VPS servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down, which is not related to our uptime guarantee.

Customer shall not receive any credits under this 99.9% Network Uptime and 99.5% Server Uptime Guarantee in connection with any failure or deficiency of Web Site Availability caused by or associated with:

  1. Circumstances beyond our reasonable control, including, without limitation, acts of God, acts of any governmental body, war, insurrection, terrorism, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
  2. Failure of access circuits to our network, unless such failure is caused solely by IrmaWeb.com;
  3. Scheduled maintenance and emergency maintenance and upgrades;
  4. DNS issues outside the direct control of Exabytes;
  5. Issues with FTP, POP, IMAP, or SMTP customer access;
  6. False SLA breaches reported as a result of outages or errors of any IrmaWeb.com measurement system;
  7. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of our Terms of Service Policy;
  8. Email or webmail delivery and transmission;
  9. DNS (Domain Name Server) Propagation.
  10. Outages elsewhere on the Internet that hinder access to your account. IrmaWeb.com is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. IrmaWeb.com will guarantee only those areas considered under the control of IrmaWeb.com: our server links to the Internet, our routers, and our servers.

DOMAIN AGREEMENTS

This Domain Registrant 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.

AND WHEREAS, the Registrant is the Owner of a registration of a domain name (“the SLD”) in any of the TLDs, 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 OrderBox Database.

(4) “OrderBox” 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) “OrderBox Database” is the collection of data elements stored on the OrderBox Servers.

(6) “OrderBox Servers” refer to Machines / Servers that Registrar or its Service Providers maintain to fulfill services and operations of the OrderBox.

(7) “OrderBox 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 “OrderBox” 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, OrderBox Servers, Whois Servers and any other Machines / Servers that Registrar or its Service Providers Operate, for the OrderBox, 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, OrderBox, 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 OrderBox 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 OrderBox 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 OrderBox Database, the data element in the OrderBox 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 (http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm) 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;
  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 OrderBox, or to publish, transmit, share data in the OrderBox Database with any person or entity, or to contact any entity in the OrderBox 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, OrderBox, 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 OrderBox 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 OrderBox 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 OrderBox 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 OrderBox Users’ access to the OrderBox 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

(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 OrderBox Users’ access to the OrderBox

(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.

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;
  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 OrderBox Database, and all information and derivative works generated from the OrderBox 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 ORDERBOX, REGISTRAR SERVERS, OrderBox 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, ORDERBOX 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 ORDERBOX 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 ORDERBOX/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 ORDERBOX 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 ORDERBOX, ORDERBOX 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, and Sections 1, 2, 3 of Appendix W 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 Malaysia i.e. GMT+8:00

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 OrderBox 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 OrderBox 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 OrderBox Database.


EMAIL POLICY

Purpose Of Policy:

To establish guidelines for automatic removal of older mail items in the Sent Items, Junk Folder, and Deleted Items folders. Automatic purging will maintain the client email databases, limit disk space usage, and reduce possible corruption.

This Email Purging Policy only applies to shared and reseller Hosting clients.

Deleted Items – 30 MB:

The items that are marked for deletion are placed in the Deleted Items folder. When the deleted folder exceeded 30MB, the oldest email will be automatically removed. These items cannot be restored easily; therefore it is critical to mark only the items that need deleting.

Junk Items – 30 MB:

Junk folder is where all your emails which been filtered as SPAM are kept. When the Junk folder exceeded 30MB, the oldest email will be automatically removed. You are advised to review your Junk folder frequently.


COPYRIGHT & DISCLAIMER

All rights reserved. No part of this web site shall be reproduced for any commercial purposes without the permission from the authors.

Use of this website is subjected to your agreement with the terms and conditions as stated below. If you do not agree to the terms and conditions, you must not make use of the services or information on this website.

Part 1: COPYRIGHT INFORMATION

All rights reserved. No part of this web site shall be reproduced for any commercial purposes without the permission from the authors. No patent liability is assumed with respect to the information contained herein. While every precaution has been taken in the preparation of this web site, the authors assume no responsibility for errors or omissions. Neither is any liability assumed for damages resulting from the use of the information contained herein.

All terms mentioned in this web site that are known to be registered trademarks, trademarks or service marks are registered trademarks, trademarks or service marks of their respective owners. The authors cannot attest to the accuracy of this information. Use of a term in this web site should not be regarded as affecting the validity of any registered trademark, trademark, or service mark.

Copyright © 2009-2011, Irma Group Sdn Bhd (866563-K). All Trademarks Are The Property of Their Respective Owner.

Part 2: DISCLAIMER

By using material in this web site, you agree to the following disclaimers.

About Third Party Pricing and Promotions

While every precaution has been taken in the preparation of this web site, the accuracy of promotions and prices of items advertised or mentioned in this website are subjected to changes and differences. In the event of any discrepancies between the promotions and/or prices mentioned here and actual promotion and/or prices offered, the vendors’ promotions and prices shall be taken as the final accurate version. IrmaWeb.com shall not be liable for any losses or inconveniences incurred as a result of such changes or differences. IrmaWeb.com shall not be responsible for mediating such disputes between the vendors and the customers or any other parties.

Information Accuracy

While every precaution has been taken in the preparation of this web site, the accuracy of information mentioned in this website are subjected to changes and differences. In the event of any discrepancies between the information mentioned here and actual information, the version from the manufacturer shall be taken as the final accurate version. IrmaWeb.com shall not be liable for any losses or inconveniences incurred as a result of such changes or differences. IrmaWeb.com shall not be responsible for mediating such disputes between the manufacturer and the customers or any other parties.

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