Web Hosting Terms and Conditions
This Web Site and Virtual Server Service Agreement ("Agreement") is by and between Domain Registry of America, Inc. ("DROA"), an Ontario Corporation, and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of DROA's Web Site and Virtual Server services (collectively, the "Services") and represents the entire agreement between You and DROA. By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which DROA may establish from time to time. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with DROA, whether or not the transactions were in Your behalf. You acknowledge that DROA's acceptance of any application made by You for services provided by DROA will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Ontario, Canada.
All domain names registered, renewed, or transferred with DROA after March 1st 2007 at DROA's regular price will qualify for this program. Any domain names transferred over to DROA during their registration period must have no more than 2 years left until expiry in order to qualify. (example: if today is January 2007 your domain name cannot expiry any later than January 2009). Any domain names that have over 2 years left on their registration period may be subject to a $15.00 per year additional fee at DROA's discretion. (example: if today is January 2007 and your domain name expires in 2010, DROA may charge an additional $15.00 on top of your renewal fee).
Description of Service
DROA currently provides the Services to its customers on an annual fee. We provide 5 GB of web space and 250 GB of transfer limit per month. DROA will host Your web site on DROA's servers, provided, however, You abide by the terms and conditions set forth herein and in each of DROA's policies and procedures. License of Your website content DROA grants to You, and You accept from DROA, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your website content in connection with DROA's performance or enforcement of this Agreement.
Availability of Services
Subject to the terms and conditions of this Agreement, DROA shall attempt to provide the Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that DROA may undertake from time to time; or (iii) causes beyond the control of DROA or that are not reasonably foreseeable by DROA , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You agree that DROA has no control of availability of the Services on a continuous or uninterrupted basis.
Service Availability Guarantee.
DROA offers a service uptime guarantee for the Services of 99.9% ("Service Uptime") of available time. If DROA fails to maintain this level of service availability, You may contact DROA and request a credit of 5% of Your annual fee from DROA for that year.. The credit may be used only for the purchase of further products and services from DROA, and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by (i) periodic scheduled maintenance or repairs that DROA may undertake from time to time; (ii) errors caused by You from custom scripting or coding; (iii) outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email; (iv) causes beyond the control of DROA or that are not reasonably foreseeable by DROA ; and (v) outages related to the reliability of certain programming environments. Total Service Uptime shall be solely determined by DROA and shall be calculated on a monthly basis.
Web Site Content
You shall be solely responsible for providing, updating, uploading and maintaining Your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services.
You represent and warrant to DROA that: Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. If Your web site includes GIF images and you are not using Site Builder software, you must ensure that your GIF images are licensed with Unisys or were created with Unisys Authorized Software. You also warrant that the web site being hosted by DROA will not be used in connection with any illegal activity. If You are hosting Your web site on DROA's servers, You are responsible for ensuring that there is no excessive overloading on DROA's DNS or servers. In the event that You exceed Your allotted bandwidth and thereby overload DROA's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. Also DROA reserves the right to terminate your hosting for any and all of the above violations. You may not use DROA's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and DROA reserves the right to remove sites that contain information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. DROA prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by DROA. You agree that DROA reserves the right to remove Your web site temporarily or permanently from its servers if DROA is the recipient of activities that threaten the stability of its network. You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, DROA, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than DROA's standard SMTP relay limit; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by DROA to be in conflict with the spirit or intent of this Agreement or any DROA policy; or (ix) use Your server as an "open relay" or similar purposes. Hotlinking of any kind is not permissable
Storage and Security
At all times, You shall bear full risk of loss and damage to your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all your web site content transmitted through or stored on DROA servers; and (iv) ensure the confidentiality of Your password. DROA's servers and virtual services are not an archive and DROA shall have no liability to You or any other person for loss, damage or destruction of any of Your content. You shall at all times use the Services as a conventional and/or traditional web site. You shall not use the Service in any way, in DROA's sole discretion, that shall impair the functioning or operation of DROA's Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as a repository or instrument for placing or storing archived files and/or material that can be downloaded through other web sites. In the event You terminate, moving your web site off of the DROA virtual servers is Your responsibility. DROA will not transfer or FTP Your web site to another provider. In the event Your use of the Services is terminated, DROA will not transfer or manage Your Services or Your website content. DROA reserves the right to block access to its services for any reason it deems as a security threat.