General Agreement
All services provided are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The customer agrees to indemnify and hold harmless Raizvan Hosting, from any claims resulting from the customer's use of Raizvan Hosting services which damages the customer or any other party.
Prohibited Content
Content not permitted includes but is not limited to:
- Pirated software
- Hacking sites
- Warez sites
- Torrent sites
- IRC software - not allowed on shared hosting without permission.
Commercial Advertising
- Spamming, the sending of unsolicited email, from any Raizvan Hosting server or any server located on Raizvan Hosting network is strictly prohibited. Raizvan Hosting will be the sole arbiter as to what constitutes a violation of this provision.
- Running unconfirmed mailing lists, subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Raizvan Web customers must be confirmed, opt-in. The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any Raizvan Hosting hosted domain, or referencing any Raizvan Hosting service, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this agreement or the agreement of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send unsolicited bulk email, initiation of pinging, flooding, mail bombing, text bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
- Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
Any attempts to undermine or cause harm to a Raizvan Hosting server or customer of Raizvan Hosting is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access.
- Accessing data or taking any action to obtain services not intended for you or your use.
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network.
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization.
- Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the system.
- Interfering with, intercepting or expropriating any system, data or information.
- Interfering with service to any customer, host or network including, without limitation, by means of overloading, flooding, mailbombing, or crashing any server system.
Non DDoS Protected Services
In an event of a network attack on any non DDoS protected service, the network connectivity to the designated IP will be immediately cut off until the attack subsides.
Bandwidth Overage
Bandwidth listed for shared hosting, virtual private servers, and dedicated servers consist of the sum of allowed incoming and outgoing bandwidth unless specified otherwise. Any bandwidth usage exceeding the allowance for the service you purchased will result in a suspension for the applicable billing period unless you upgrade to a higher allowance. We can and may opt to apply unmetered bandwidth on shared hosting or select servers for specialty clients or on request from regular clients at our discretion.
Professional Service
We provide standard support and maintenance of service. At our discretion, in the case of enormous instances or support issues extending beyond what we determine to be within the realm of standard assistance, support is priced at $5.00 per 5 minutes and is billed in increments of 5 minutes. We may opt to apply this for administrative and extended support services.
Scheduled Maintenance
We will use commercially reasonable efforts to provide services 24 hours a day, 7 days a week. Customer acknowledges that from time to time services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures, upgrades, or service malfunctions, and causes beyond our control or which are not reasonably foreseeable. We will attempt to provide a 24 hours notice in advance for scheduled downtime, and will use reasonable efforts to minimize any other disruption, inaccessibility and inoperability of our servers. We bear no responsibility for downtime resulting from customer's actions.
Setup Time
Service setup time may take up to 7 business days under manual circumstances or circumstances beyond our control. Such as in the case of deploying special services. However we aim to deploy services within 1 business day. No refunds will be issued for services that are cancelled while waiting for deployment. You agree that payment for the first month of service is the setup fee.
Billing
The account will be due a set time every month, the actual date every month will be dependent on when service was originally ordered. If purchase was made on the 6th of the month then service will be due on the 6th of every month.
Payments
Invoices are sent 7 days before the invoice due date. Payment must be received in full by the invoice due date. Failure to make payment on time may result in late fee charges and suspension of service. If you have enrolled in auto-billing, payment will be deducted 5 days before it is due. After 45 days of non-payment we may terminate all data stored on a shared server. This courtesy grace period does not apply for VPS and Dedicated servers, and service may terminate upon reciept of non-payment.
Refunds
All services provided and executed upon are non-refundable. This includes, but is not limited to: domain fees, setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Exceptions would be listed.
30 Day Money Back Guarantee
As part of our introductory offers, all annual hosting plans (Introductory Plans) offered on our website come with a 30 Day Money Back guarantee, applicable during the first 30 days of starting service. This guarantee only applies to the cost of hosting service and not to any additional addons or domains added to the base package. In the case that a free domain offer is provided and was taken upon as part of the package, a nonrefundable $15 charge will be deducted from the refund to cover our costs and the costs of the initial domain registration. Any domains purchased will remain owned by you as per the Domain Name Agreement.
Cancellation Procedure
All service cancellations must be submitted from the Client Portal. To ensure proper closing of an account a notice of cancellation must be submitted 72 hours before the renewal period. Failure to provide a notice of cancellation you agree to be billed for additional periods. If you are enrolled in auto-billing, please note that you may be charged 5 days before the invoice due date.
Service Fees
In an event of increased data center costs, Raizvan Hosting reserves the right to increase the fees charged for service. This would be announced and communicated upon and become effective as of the next calendar month.
Courtesy Services
All services such as backup and cPanel are provided for the courtesy of the client. It is the sole responsibility of client to actively maintain backups of all data or provision services for automated backups. Raizvan Hosting is not responsible for any lost data. We may provision additional services on our behalf such as automated backups, at an additional cost, or as part of a package.
Promotional Use
With your permission; We may refer to you, your company, or your logo's for promotional purposes. The company name, logos and the services that were provided to the client may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on our website. This reference will be strictly limited to disclosure that we have provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the service configuration and design used by the client. However, we may disclose any information requested by law enforcement or when compelled by court order or law.
General
Terms of Service are subject to change without any prior notification.
These Terms of Service are a legally binding contract between client and provider.
Anything not listed in the Terms of Service is open to interpretation and change by Raizvan Hosting without prior notice.
Limitation of Liability
Raizvan Web will not be liable for lost profits, lost business opportunities, or any other indirect, special, punitive, incidental or consequential damages arising out of or related to this Agreement or the Service. The provisions of this section survive termination or expiration of the Agreement. No express or implied warranties or representations with respect to the interruption of services are made. In addition, Raizvan Web makes no representation that the operation of any server will be uninterrupted or error-free, and as such Raizvan Hosting will not be liable for consequences in the event of any interruptions, downtime, or loss of data during the event of service.
Indemnification
You agree to indemnify and hold harmless Raizvan Web, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof to which an indemnified party may become subject and which losses arise out of, or relate to the agreement, customer's use of the products and services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an indemnified party for all legal and other expenses, including reasonable attorney fees incurred by such indemnified party, in connection with investigating, defending, or settling any loss, whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
Raizvan Web may from time to time, at the request of the customer, be enlisted to perform service administration tasks on customer's service at Raizvan Hosting. This service shall be referred to as remote hands. Customer agrees to indemnify and hold harmless Raizvan Hosting, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents against any incidental damages caused to customer's service in the performance of Raizvan Hosting remote hands service administration. Raizvan Web reserves the right to reject service requests.
Domain Agreement
This Registration Agreement ("Agreement") sets forth the terms and conditions of use by the Applicant, Registrant, Beneficiary, Customer, User (jointly and severally referred to as "you") of our domain name registration services (the "services") and your registration of that domain name (the "Registration").
Your electronic acceptance of this Agreement acknowledges that you have read, understood, and agree to all of the terms and conditions of this Agreement, including but not limited to, the following conditions and additional agreements:
1. Any agreement referencing this Agreement.
2. Our Privacy Policy.
3. The Uniform Rapid Suspension System (URS).
4. The incorporated Uniform Domain Name Dispute Resolution Policy.
5. Or any other alternative Dispute Resolution Policy offered by the Registries, the Online Pharmacy Policy and Online Pharmacy Investigation Procedures found in this Agreement, registar policies, ICANN policies and any other rules or policies that are or may be published by us / them or our providers (the "Dispute Policy") from time to time.
By submitting a domain to us for Registration, you are also warranting that you have the authority and legal capacity to enter into this Agreement.
By subscribing to any third party services through our Website, you must agree to and comply with the policies and terms of use, as applicable, of any such third party.
Except when expressly stated in writing by us, this Agreement, in addition to any other specific agreement between you and us, supersedes any other written (including, without limitation, digitized/computerized) agreement, oral agreement, or agreement by conduct.
Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders. Wherever the singular is used, it will be deemed to include the plural and vice versa where the context so requires.
This Agreement will become effective upon the date of your electronic acceptance. We, at our own sole discretion, may accept or reject your Registration application (the "Application"). Rejection may include, without limitation, rejection due to a request for Registration of a prohibited Domain.
FEES
a. Your Obligation. You, or the reseller on your behalf, will be responsible for paying all fees associated with the Services provided by us. When renewal fees are due, it will be your sole responsibility to ensure that such fees are paid to us on time.
b. Payment & Deadline. You must make payments by credit card or such other method as we may authorize or indicate in the Registration renewal form. Should you fail to pay the fees by the due date specified, we have the right to terminate your Registration at our sole discretion. You agree that we will have no liability whatsoever with respect to any such termination.
c. Fees Non-Refundable. All fees, including, without limitation, Pre-Registration fees, are non-refundable, in whole or in part, even if your Registration is suspended, terminated, or transferred prior to the end of your then current Registration term. All Pre-Registration fees are non-refundable.
d. Fee Changes. We reserve the right to change fees, surcharges, and renewal fees, and to institute new fees at any time, for any reason, at our sole discretion. The fees applicable at the time of execution of the order apply.
e. Actual Payment Required. Your requested domain will not be registered, pre-registered or renewed unless we receive actual payment for the Registration, Renewal or Pre-Registration fee, or at least reasonable assurance of payment of the Registration or Pre-Registration fee from some other entity (such reasonable assurance will be determined at our sole discretion). For Pre-Registration Services, Registration will not be granted to you if payment is not received by us.
f. Credit Card Charge Back. In the event of a charge back by a credit card company (or similar action by another payment provider approved by us), in connection with the payment of your Registration fee, you agree that the Registration will be transferred to us as the paying entity for that Registration to the Registry. You also agree that we reserve all rights regarding such Domains including, without limitation, the right to make the Domains available to other parties for purchase. We may reinstate your Registration at our sole discretion and, subject to receipt of the initial Registration or renewal fee and then current reinstatement fee.
g. Outstanding Fees/Charges. You are responsible for the full and prompt payment of any outstanding fees and/or charges, notwithstanding the termination or expiry of this Agreement for any reason.
DOMAIN OWNERSHIP
Ownership of Domain. You understand and acknowledge that the Registrant also referred as Registered Name Holder, whose name is on record, will have sole legal ownership of the Domain. It is your sole responsibility and not that of ours in any way, to ensure that the proper Registrant name and information is recorded, and updated if necessary.
CHANGES TO THE AGREEMENT
You agree that we may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with requirements established by the Internet Corporation for Assigned Names & Numbers (www.icann.org), such as the Registrar Accreditation Agreement, consensus policies (www.icann.org/resources/pages/consensus-policies-2012-02-25-en), Registries or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of the domain registered to you will constitute your acceptance of this Agreement with any new change. If you do not agree to any such change, you may request that your Registration be cancelled or transferred to a different domain registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.
REGISTRATION INFORMATION, USE & LIMITATIONS
a. Required Information. As part of the Registration process, you must provide certain information and promptly update the information to keep it true, correct, accurate, current, and complete. You must provide the following information when registering your Domain:
(i) The full legal name and postal address, email address, voice telephone number and fax number if available of the Registrant (the domain owner/holder), even if you use Private Whois (Domain Privacy) service; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation;
(ii) The domain being registered;
(iii) (if applicable) The full legal name, postal address, email address, voice telephone number, and, when available, fax number of the administrative contact for the Domain;
(iv) (if applicable) The full legal name, postal address, email address, voice telephone number, and, when available, fax number of the technical contact for the Domain;
(v) (if applicable) The full legal name, postal address, email address, voice telephone number, and, when available, fax number of the billing contact for the Domain;
(vi) The IP addresses of the primary nameserver and any secondary nameserver for the Domain, if required;
(vii) The corresponding names of those nameservers, if required;
(viii) Any remarks concerning the domain that should appear in the Registration directory;
(ix) Any other data that any Registry may require to be submitted to it, including, specific information regarding the primary purpose for which a domain is registered.
(x) Please not that we will verify the email address of the Registered Name Holder (and the account holder, if different) at the point that a domain name is created, updated or moved into our management. This will be done within fifteen (15) days of your request. If verification fails, the domain name is suspended (for Registered Name Holder), or the account is suspended or removed from the existing DNS (for account holder). In case we already have verified this data previously it is in our sole discretion to re-verify the email address.
b. Information About Third Parties. If you provide information about a third party, you hereby represent that you will have: (i) provided prior written notice to the third party of the disclosure and use of that party's information; and (ii) obtained the third party's express prior written and informed consent to the disclosure and use of that party's information.
c. Failure to Provide Proper Information. You acknowledge that if you provide any inaccurate information, or fail to update information promptly at least within seven (7) days of any change, you will be in material breach of this Agreement, which may be sufficient cause for termination of your Domain Registration. You further agree that your failure to respond within at least fifteen (15) days to inquiries made by us to the email address of your Registrant, administrative, billing, or technical contact supplied to us concerning the accuracy of any information related to your Domain Registration will constitute a material breach of this Agreement, which may be sufficient cause for immediate suspension or termination of your Domain Registration.
d. Enforcement of Accurate Registrant Data. We reserve the right to accept written complaints from third parties regarding false and/or inaccurate data of Registrants and follow any other procedures set forth in any agreement we have with a particular Registry and/or ICANN.
e. Disclosure & Use of Registration Information. You agree that we may make your Registration information available to ICANN, Registry and the Registrar and their respective designees and agents and to any other third party as ICANN and applicable laws may require or permit. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all of your Registration information for the purposes of inspection (such as through our WHOIS Service) or for other purposes as required or permitted by ICANN and applicable laws. Please also refer to our Privacy Policy.
f. Registrar Privacy Services. We may implement privacy services to comply with applicable laws which protect personal identifiable data from public display in the WHOIS. Registries may also implement Registry privacy services which may limit collect and display of personal data from publication in the public WHOIS. If You wish to ensure your data is published in the public WHOIS we may have to have expressed and verified consent from you and the Registrant, if applicable and available.
g. Government Use of Domain Data. You understand and agree that at any time any Government may have the right to access, use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit others to do so, all Data provided by you/Registrant.
h. ICANN Guidelines & Requirements. You agree that ICANN may establish guidelines, limits, and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. You also agree and consent to any and all such disclosures, uses, guidelines, limits, and restrictions related to your Registration information (including, without limitation, any and all updates to such information), whether during or after the term of your Registration. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your Registration information by us.
i. Access to your Registration Information. You may access your Registration information, which is in our possession to review, modify, or update such information. You can access your Registration information by accessing our Account Management On-Line Forms, or similar interface, made available at our website.
i. We will factilitate any updates requested by you/Registered Name Holder to the data listed in Subsections 5a (vi), 5a (vii) and 5a (ix). The updated data shall be submitted to the Registry Database operated by the relevant Registry operator.
EXPIRATION AND RENEWAL OF DOMAIN NAME REGISTRATION
After expiration of the term of domain name registration Services, you acknowledge that certain registry administrators may provide procedures or grace periods during which expired domain name registrations may be renewed. You acknowledge that you assume all risks and all consequences if you wait until close or after the end of a domain name registration term to attempt to renew the registration. You acknowledge that post-expiration renewal or redemption processes, if any, involve additional fees (e.g. Restore fees) which may be payable.
With respect to domain name registration services, we will email a renewal notification in accordance with applicable ICANN and/or Registry policies. All renewal reminders will be sent to the Registrant contact email address. Additionally we will be sending renewal reminders to the account email address as defined by you once per week starting approximately 45 days before expiration and once per day during the last 7 days, unless you disabled renewal reminders from our Control Panel. It is your sole responsibility to keep the email address accurate and check it regularly.
LIMITATION OF LIABILITY
YOU AGREE THAT WE (FOR THE PURPOSES OF THIS SECTION, "WE" INCLUDES, WITHOUT LIMITATION, RAIZVAN.COM, ITS OPERATORS, AFFILIATES, REGISTRIES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING OUR SERVICES) WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS THAT MAY OCCUR DUE TO ANY: (A) LOSS OF REGISTRATION OF A DOMAIN; (B) USE OF YOUR DOMAIN; (C) ACCESS DELAY OR ACCESS INTERRUPTION TO OUR REGISTRATION SYSTEM; (D) NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US AND/OR BETWEEN THE REGISTRY AND US; (E) AN EVENT BEYOND OUR REASONABLE CONTROL; (F) PROCESSING OF THE APPLICATION; (G) PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN; (H) FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEE HEREUNDER; (I) PLACEMENT OF YOUR ONLINE PHARMACY ON THE NABP'S LIST OF NOT RECOMMENDED SITES BY THE NABP; (J)TERMINATION, REJECTION OR NON-APPROVAL OF YOUR ONLINE PHARMACY DUE TO NON COMLIANCE WITH SECTION 6 OF THIS AGREEMENT; (K) SUSPENSION, CANCELLATION OR TERMINATION OF YOUR REGISTRATION BY US; OR (L) APPLICATION OF ANY DISPUTE RESOLUTION PROVISION HEREIN. FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU OR YOUR AGENT TO US FOR THE INITIAL REGISTRATION OF YOUR DOMAIN. 13. DISCLAIMER
ALL THE SERVICES ARE PROVIDED TO YOU "AS IS," AND WE WILL HAVE NO LIABILITY FOR FAILURE OF ANY OF THE SERVICES WE PROVIDE, WHETHER UNDER THE LAW OF STRICT LIABILITY, PRODUCTS LIABILITY, NEGLIGENCE, OR OTHERWISE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR OUR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THE REGISTRATION OR USE OF A DOMAIN UNDER THIS AGREEMENT WILL IMMUNIZE YOU FROM CHALLENGES TO YOUR REGISTRATION OR FROM SUSPENSION, CANCELLATION, TERMINATION, TRANSFER, OR ANY OTHER LOSS OF THE DOMAIN REGISTERED TO YOU. FOR THE PURPOSES OF THIS SECTION, "WE" INCLUDES, WITHOUT LIMITATION, OUR EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, REGISTRIES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, REGULATING, PRODUCING, OR DISTRIBUTING OUR SERVICES.
January 24, 2019