All users of HostMantis services, and all customers upon signing up for HostMantis services, agree to comply with HostMantis Terms of Service ("TOS"). The spirit of the TOS is to ensure customers are using HostMantis services with due regard to the rights of other Internet users and in conformity with the requirements of HostMantis network environment. The TOS are not exhaustive and HostMantis reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.HostMantis.com or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to abuse@HostMantis.com. Please see our abuse terms for more details on abuse policy. When you agree to the terms, you are also agreeing to our Billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of HostMantis, this TOS supersedes any other agreement with HostMantis, whether written, oral, by conduct, or otherwise.
Server Resources
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level. HostMantis will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Any script that consumes large amounts of resources is not allowed, such as (but not limited to): Bots, proxy scripts, rapid leech scripts, torrent related scripts, PTC (Paid-to-click) site scripts, file or image hosting scripts, mail-bombers or spam scripts, topsites scripts, auto-blog scripts and plugins. Such scripts will be terminated immediately with no prior notice and account owners will not be eligible for a refund. We provide shared hosting, therefore, any script you run that will consume large amounts of resources affects other customers on your server negatively, so please use common sense when using a script. If you are unsure of any script, before running the script in your account, please contact HostMantis Sales or Support to ensure the script is allowed.
Any account suspended or terminated due to violation of our Terms of Service will not be given a backup or refund.
Spamming
HostMantis has a "No Tolerance" policy on Spam. Sending unsolicited, bulk and/or commercial messages over the Internet or by text messaging (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to HostMantis customers. HostMantis also does not allow CAN-SPAM compliant bulk email or consider emails not Spam just because you include an Opt-Out notice. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, sending unsolicited text messages, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a HostMantis server, and selling or distributing software (on a Web site residing on a HostMantis server) that facilitates spamming. If a HostMantis server IP has become blacklisted due to spamming by a users domain name hosted on our servers, the violator will face immediate termination and no refunds will be given. HostMantis reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Any client found to be spamming may face a spam cleanup fee from $250 - $500 depending on the circumstance and level of cleanup involved. Any account suspended or terminated due to spamming will not be given a backup or refund.
Denial of Service Attacks
In order to ensure all clients receive an acceptable level of service on our servers, we will do our best to ensure any account that is receiving a DoS attack does not affect other accounts on that particular server or degrade overall server performance. This includes, but is not limited to: null routing the offending IP address(s), suspending the account receiving the DoS and/or terminating the account.
Reselling
Your HostMantis account may not be resold and you may not resell any services provided by HostMantis. This includes, but is not limited to, email accounts, add-on domains and FTP accounts. Violaters will face immediate termination and no refunds will be given.
Uptime Guarantee
HostMantis.com guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where HostMantis.com has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, connection issues between the client's location and HostMantis.com data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that HostMantis.com cannot directly influence.
To request a service credit due to an uptime concern, please submit a request for this guarantee via HostMantis.com's web site.
If requesting a "service credit" we ask that the client briefly explains the reasons for doing so. Include any documentation supporting your request.
Weekly Backups
HostMantis performs weekly full account backups. Weekly backups include the backup of all account data, email accounts and MySQL databases. Weekly backups are for HostMantis disaster recovery purposes only. Resellers accounts and their client accounts are included in the accounts we backup, however, backups are not included as a part of their service and Resellers are responsible for their own backups and should not rely on the backups HostMantis performs. No guarantee of data is expressed or implied. Accounts are only included in weekly backups that are 5GB or less.
IRC
HostMantis does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.
Software Distribution & Gaming
HostMantis Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. Running any online gaming is prohibited due to intense CPU and memory usage.
Ownership of Web Site
The legal owner of customers' Web sites and accounts with HostMantis will be the individual or organization whose name is listed in HostMantis database as the owner. Customers will fully cooperate with and abide by any and all of HostMantis security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with HostMantis.
Illegal Use
HostMantis servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: warez; nulled scripts; copyrighted material; providing access to or linking to copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing HostMantis services, all HostMantis customers certify that they and/or the organization they represent in procuring services from HostMantis are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto. HostMantis reserves the right to immediately terminate any account containing, providing access to or linking to illegal material. Clients terminated for violating our copyright policy or Terms of Service will not be eligible for refunds or backups of their data.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All HostMantis customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a HostMantis customer (per the DMCA) to HostMantis must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at HostMantis sole discretion.
DMCA Copyright Infringement Notification Requirements:
Send the notification via mail to:
HostMantis - DMCA Complaints
PO Box 511441
Livonia, MI 48151 USA
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.
HostMantis is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that HostMantis will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
In the event that HostMantis must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that HostMantis may do so by disabling access to your entire web site or terminating your account.
Child Pornography
The use of HostMantis services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. HostMantis is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Indemnification
HostMantis customers agree to protect, defend, hold harmless, and indemnify HostMantis, any third party entity related to HostMantis (including, without limitation, third party vendors), and HostMantis executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of HostMantis services.
Disclaimer
The HostMantis service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. HostMantis expressly disclaims any representation or warranty that the HostMantis service will be error-free, secure or uninterrupted. No oral advice or written information given by HostMantis, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. HostMantis and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL HostMantis (INCLUDING, WITHOUT LIMITATION, HostMantis'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING HostMantis'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR HostMantis SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY HostMantis SERVICES EVEN IF HostMantis HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HostMantis'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR HostMantis'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY HostMantis OR HostMantis'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
HostMantis may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with HostMantis services. Certain changes to HostMantis services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and HostMantis is not liable, for any and all such personalized applications and content, except as expressly agreed to by HostMantis.
Backup of Data
Except where HostMantis has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and HostMantis is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with HostMantis services. HostMantis servers are also NOT be used as a backup storage and is only intented for hosting web files.
Governing Law and Severability
The TOS, and any other agreement for HostMantis services, will be governed by and construed in accordance with the laws of the State of Michigan, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and HostMantis will take place in Michigan, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other HostMantis agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between HostMantis and its customers. Each of HostMantis and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
Complete Agreement and Exclusivity
The TOS, and/or any other specific agreement for HostMantis services, constitutes the complete understanding and agreement between HostMantis and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of HostMantis, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for HostMantis services is between HostMantis and its customers only and will not confer any rights in any third party except as otherwise expressly provided by HostMantis.
Refusal of Service
We reserve the right to refuse, cancel or suspend service at our sole discretion. All sub-networks, distributive hosting sites of HostMantis.com must adhere to the above policies.
Third Party Providers
You agree that certain services may be provided by third party providers of HostMantis and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
Below are terms that can suspend your account due to abuse on our servers. Please remember you are on a shared server and everyone is entitled to the server resources. This is a guideline for HostMantis.com and we will work with you so that you are not in violations of these terms.
Scripts
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. HostMantis does not permit CGI script sharing with domains not hosted by HostMantis or any scripts that may be abused for UCE purposes.
Unlimited Disk Space and Bandwidth (only applies to holders of unlimited accounts)
All our hosting accounts do come with unlimited disk space and bandwidth. Please note disk space is intended for hosting space and not intended for but not limited to online backup, storage device for multimedia content such as, but not limited to, movies, music, photos, or other media. In other words we allow and welcome image and video streaming sites, but we do not allow the use of space as a backup device for those files. Any use of our hosting service in this manner will be concerned a violation of our Terms of Service and will result in automatic suspension of the hosting account without any prior notification.
Databases
Any database stored on HostMantis Web Hosting and Ecommerce servers will be limited in size to 10% of the initial quota setup allotted for that particular domain's plan/web hosting account.
Email Limit
Any email with file attachment size greater than 100MB cannot be stored on the server and must be removed.
Staff
HostMantis will not tolerate clients that are abusive towards our staff. This includes but is not limited to: Using abusive language or threatening a staff member. HostMantis reserves the right to decide what is considered abusive and immediately terminate clients that commit the abuse.
The following Terms of Service constitute HostMantis Billing Policy and apply to ALL HostMantis customers:
Payments
All charges are shown in US Dollars. Payments are to be made in US dollars. HostMantis accepts the following types of payment:
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. Accounts with a recurring payment method such as a PayPal subscription, will continue until such time that you cancel your account in accordance with HostMantis Billing Policy in the TOS. You are directly responsible for keeping your recurring payment information up-to-date (including, but not limited to card number, expiration date, billing address, or card status).
Customers agree to make payment of their balance due within ten (10) days of the Account Statement Date.
All VPS/dedicated hosting accounts are due on the date due. If not paid on the due date, the server will be deactivated and scheduled to be formatted and redeployed.
Shared/Reseller Accounts that are ten (10) days past due will be automatically suspended. Accounts reaching (30) days past due are automatically terminated. When an account is terminated for non-payment, all files and databases related to the account are deleted and are not retrievable. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Account Credits
You may add up to $30.00 to your account credit balance in $10.00 intervals. Your credit balance can only be used for HostMantis products and services. Any payments due will be automatically deducted from your available account balance. Account credits are non-refundable and cannot be withdrawn at any time. If you need to add more than $30.00, please contact our Billing team. All account credits are non-refundable.
Overpayments
Any overpayments made to your account will be automatically added to your accounts credit balance and are considered non-refundable.
Account Renewals
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Cancellation requests for yearly paid hosting accounts after accounts have automatically renewed are eligible for refunds only within the first 3 days following the renewal date, and a cancellation fee of $10 will be charged.
Important Notice
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify HostMantis that you would like to cancel your account.
Statements
HostMantis does not mail paper invoices or statements. Statements can be viewed and printed through our client area: https://my.hostmantis.comFees
Credit Card Chargebacks
A $50.00 chargeback fee will be assessed for each credit card chargeback received by HostMantis.
Cancellations
Please refer to the following knowledgebase article for instructions on properly cancelling your account:
https://my.hostmantis.com/knowledgebase.php?action=displayarticle&id=97
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must fill out our online cancellation form. Please be aware that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by HostMantis a minimum of ten (10) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by HostMantis. HostMantis is unable to cancel your account effective for a future date. HostMantis will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact HostMantis as soon as possible.
HostMantis does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to HostMantis services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. HostMantis reserves the right to cancel any account, at any time, without notice, for any reason HostMantis considers appropriate.
30 Day Money Back Guarantee
Each of HostMantis hosting plans carries a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund. Refunds will not be issued for the sole purpose of using our services in a "Free Trial" manner or for "buyers remorse". The following services and conditions do not qualify and/or can render the 30 Day Money Back Guarantee void: (a) Dedicated Server plans, Domain name registration, SSL certificates, domains transfers, any addon services, and setup is not included in the 30 day money back guarantee. (b) If administration time was used during your account such as server configuration (that is more advanced that regular troubleshooting) this guarantee is void. (c) Illegal activity was conducted or intended on our servers will also void this agreement. (d) This request must be sent in 5 business days (excluding holidays) before the first 30 days to be processed, and eligible. (e) If you ordered multiple hosting packages this guarantee will only apply to one hosting package, the first one you cancel. Cancellations of domain name registrations and transfers must be requested within 3 days of registration and there is a cancellation fee a $1.49 per domain name. After 3 days, no refunds will be given for domain name registration or domain transfers.
Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days. Please note, we also have full power in judgement of providing refunds for our promotional offers.
Credit Card Disputes/Chargebacks
HostMantis has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at HostMantis discretion. A charge of $50.00 per chargeback will be assessed to all accounts that receive a chargeback.
Billing/Price Changes
HostMantis policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Hostmantis' spam policy also includes our affiliate program. Affiliates are not permitted to use spam in order to generate sales. If notification is received that your affiliate ID is included in a spam email, your affiliate account will be terminated and all funds within your account will be forfeited.
All affiliate sales payments are held for 60 days. If the client cancels or presents a chargeback or any type of payment dispute, the sale is considered null and void. All payments are made by PayPal and you can withdraw at any time once your account reaches $15.00. You can also add your affiliates commissions to your account balance to pay for your hosting account.
Affiliates trying to cheat our affiliate system will have their account terminated immediately and all funds will be forfeited.
Non-Exempt
All reseller accounts must abide by the same policies in our Terms of Service as any other account and are in no way exempt.
Free Hosting
Resellers are not permitted to offer free hosting plans or free trial offerings with our reseller hosting plans.
Abusive Clients of Resellers
HostMantis reserves the right to suspend or terminate any reseller account or reseller client account(s) we find to be abusive, illegal, etc. as per our regular Terms of Service abuse policy.
Bulk Email
HostMantis' spam policy also applies to our dedicated server accounts. Dedicated server clients may not use their server(s) to send bulk email or any large amount of email that is considered spam.
Abusive scripts and applications
Dedicated server clients may not use their server(s) to run abusive scripts, such as but not limited to: IRC bots, bruteforce scripts, port scanners, vulnerability scanners, bots, sites that promote malware, phishing.
Illegal Activity
HostMantis dedicated servers may not be used for any type of activity deemed illegal by our local laws (Michigan, USA). This includes but is not limited to: distributing/using cracked/nulled software, child pornography, distributing/using copyrighted materials without permission.
Refund Policy
HostMantis has a no refund policy on all of our dedicated server plans. All sales are final.
Dedicated IP addresses purchased from HostMantis are non-transferrable and cannot be transferred to a new host. The assigning of dedicated IP addresses are subject to ARIN's new policies which require justification for the need of the IP address. An example of proper justification includes, but not limited to: SSL certificates, reseller accounts and dedicated servers. HostMantis will deny requests for dedicated IP addresses without proper justification.
A WHMCS license is provided for free on our Expert Reseller hosting plan. Our free WHMCS licenses are not transferrable and are only active with an open and current HostMantis Expert hosting plan. Accounts ordered using a promotional code are disqualified from and not eligible for the free WHMCS offer.
Free domain names are only available on our Expert plan when paid for yearly. The extensions allowed are: .com, .net, .org, .info and .biz. Free domain names must be redeemed at the time of your initial order and cannot be requested after your order has been completed. Domain names are free for the first year and $9.95 a year upon renewal. Free domain names included with the purchase of qualifying hosting plans are non-transferrable. Domains obtained free with qualifying hosting plans may be transferred once the regular domain registration fee is paid and 90 days after initial purchase has been reached. Accounts that are upgraded from a plan without a free domain do not qualify for a free domain.
IN THIS REGISTRATION AGREEMENT ("Agreement"), "Registrant", "you" and "your" refers to the Registrant of each domain name registration, "we", "us" and "our" refers to HostMantis.com Co., and "Services" refers to the domain name registration services provided by us as offered through HostMantis, the Registration Service Provider ("Reseller"). Any reference to a "registry," "Registry" or "Registry Operator" shall refer to the registry administrator of the applicable top-level domain ("TLD"). This Agreement explains our obligations to you, and explains your obligations to us for the Services. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by a registry for that particular registry only.
SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of your application. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which you intend to use it, infringes upon the legal rights of a third party and further, that the domain name is not being registered for, nor shall it at any time whatsoever be used for, any unlawful purpose. During the period following registration of a domain name and the appointment of active name servers, we may post a stagnant web page and any revenues generated from same shall be for our own account.
FEES. As consideration for the Services, you agree to pay Reseller the applicable service(s) fees prior to the effectiveness of a desired domain name registration or any renewal thereof. All fees payable hereunder are non-refundable even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both HostMantis and each registry reserves the right to terminate your domain name registration if: (i) information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a breach of this Section 3 will constitute a material breach of our Agreement, which will entitle either us or a registry to terminate this Agreement immediately upon such breach without any refund and without notice to you.
TERM. This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.
MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that HostMantis may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. All amendments to this Agreement will be posted on our website. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited 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.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the Account Identifier and Password that you selected when you opened your account with us. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.
NO GUARANTEE. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.
DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the dispute policy adopted by the applicable registry. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable policy. If HostMantis is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, HostMantis may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) HostMantis is directed to do so by the judicial or administrative body, or (ii) HostMantis receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, HostMantis may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.
POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a HostMantis, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a HostMantis, registry, ICANN or government-adopted policy, (1) to correct mistakes by us or a registry in registering the name or (2) for the resolution of disputes concerning the domain name.
AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you will secure the agreement of any third party to the terms and conditions in this Agreement.
ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial registration of your domain name. HostMantis and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
INDEMNITY. You agree to release, indemnify, and hold HostMantis, its contractors, agents, employees, officers, directors and affiliates, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name, whether used by yourself, licensed to a third party or pursuant to the Whois Privacy Service, including without limitation infringement by you or a third party with access to your Account Identifier and Password. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.
TRANSFER OF OWNERSHIP. Newly registered domain names may not be transferred during the first (60) days of ownership. Transfer codes (EPP) can be obtained by sending a request to our Sales department. The person named as Registrant on the Whois shall be the registered name holder. The person named as administrative contact at the time the controlling account identifier and password are secured shall be deemed the designate of the Registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the "Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
RENEWALS AND FORFEITURE. Domain names are registered for a finite period of time. You will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. In the event that you fail to renew your domain name in a timely fashion, your registration will expire and we may, at our discretion, elect to assume the registration and may hold it for our own account, delete it or we may sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be made available for registration by a third party.
If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This parked or default page may feature advertisements posted by us for our own account.
If we, in our sole discretion, have elected to renew the registration, you will be entitled to a grace period of thirty-five (35) days during which you may re-register the domain name from us. Additional costs for the redemption and re-registration will apply. During this grace period, we may post a parked page and/or may revise the "Whois" registration records to include either our information or that of your Reseller. The domain name also may be listed for auction. If the name is sold during any such auction, it will be acquired by a third party on a provisional basis and will remain available for re-registration by you during our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded.
If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (a) your name and postal address (or, if different, that of the domain name holder); (b) the domain name being registered; (c) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; (d) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and (e) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name. Any voluntary information we request is collected in order that we can continue to improve the products and services offered to you through your Reseller.
DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, law enforcement agencies and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by ICANN and applicable laws. (a) You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us. (b) You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller. (c) We will not process or maintain data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. (d) We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized disclosure, alteration or destruction of that information.
OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by ICANN or an applicable registry policy.
REVOCATION. We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.
INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail. # NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to HostMantis must be sent to sales@hostmantis.com. Any notice to you will be sent to the e-mail address provided by you in your Whois record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing Postal notices to HostMantis shall be sent to:
HostMantis.com Co.
14454 Auburndale St
Livonia, MI 48154 USA
and in the case of notification to you shall be sent to the address specified in the "Administrative Contact" in your Whois record.
ENTIRETY. You agree that this Agreement, the applicable dispute policy and the rules and policies published by HostMantis and any applicable registry or other governing authority, are the complete and exclusive agreement between you and us regarding our Services.
GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF MICHIGAN AND THE FEDERAL LAWS OF USA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN MICHIGAN AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
INFANCY. You attest that you are of legal age to enter into this Agreement.
FORCE MAJEURE. You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
PRIVACY. Information collected about you is subject to the terms of HostMantis' privacy policy, the terms of which are hereby incorporated by reference. HostMantis' privacy policy can be found at: http://www.HostMantis.com/privacy.php
CONTROLLING LANGUAGE. In the event that you are reading this Agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
TLD'S. The following additional provisions apply to any domain names that you register through HostMantis with the various registries:
Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;
For the adjudication of disputes concerning or arising from use of the domain name, 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) where HostMantis is located, presently Livonia, Michigan.
Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Dom ain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
For the adjudication of disputes concerning or arising from use of the domain name, 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) where HostMantis is located, presently Livonia, Michigan.
Registrant's Personal Data. You consent to the use, copying, distribution, publication, modification, and other processing of Registrant's personal data by Afilias, the .INFO registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract;
Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
For the adjudication of disputes concerning or arising from use of the domain name, 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) where HostMantis is located, presently Livonia, Michigan;
Reservation of Rights. HostMantis and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either registrar or Afilias deems necessary, at its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or its registration data during resolution of a dispute.
.biz Restrictions. Registrations in the .biz top-level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the .biz registration restrictions, "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS: (A) to exchange goods, services, or property of any kind; (B) in the ordinary course of business; or (C) to facilitate (i) the exchange of goods, services, information or property of any kind; or (ii) the ordinary course of trade or business.
For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
Selection of a Domain Name. You represent that: (A) the data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete; (B) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party; (C) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; (D) the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation; (E) you have the authority to enter into this Registration Agreement; and (F) the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.
Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to keep the information true, current, complete, and accurate at all times. The information includes the following: (A) your full name; (B) your postal address; (C) your e-mail address; (D) your voice telephone number; (E) your fax number (if applicable); (F) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (G) the IP addresses of the primary nameserver and any secondary nameserver for the domain name; (H) the corresponding names of the primary and secondary nameservers; (I) the full name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts, and the name holder for the domain name; and (J) any remark concerning the domain name that should appear in the Whois directory. (K) You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement.
Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: (A) The Uniform Domain Name Dispute Resolution Policy ("Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm; (B) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm; (collectively, the "Dispute Policies").
The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry or Registrar over the registration and use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be endorsed on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider.
For the adjudication of disputes concerning or arising from use of the domain name, 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) where HostMantis is located, presently Livonia, Michigan.
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