Section 1: Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Icy Evolution, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Icy Evolution is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to provide government issued identification. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Section 2: Transfers
Our transfer team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make any guarantee regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
Section 3 (a): Ownership
Section 3 (b): Dispute Resolution and Counter Notification For Ownership Change
Sometimes disputes may arise among or between various persons claiming rights or ownership of a site hosted by Icy Evolution or in any associated account of Icy Evolution. Resolution of any such issue will not be Icy Evolution’s obligation. In case of many different persons claiming rights or ownership of a site hosted by Icy Evolution, then, in Icy Evolution’s sole judgment, to the extent of its ability and knowledge, it may notify concerned persons involved in the dispute and demand that involved persons swiftly and conclusively resolve the dispute, thereby making clear as to who the interest holder(s) and/ or owner(s) is/are. During a dispute, access to the account will be frozen for a minimum of 72 hours however all services will be available to the public. In case the disputing persons are unable to resolve the dispute within 72 hours after receiving the dispute notification, the account will be frozen until:
1: a resolution confirmation is received from all involving and disputing parties agreeing to hand over the account to the legitimate account owner or
2: a request of ownership letter bearing the company seal, signed by all directors or signed by at least one director and at least one shareholder whereas all signatories of the request of change of ownership letter must own a total of over 50% of the company’s shares, is received by registered post mail by Icy Evolution.
In the event of Section 3(b)1: Account access will be given to the legitimate account owner as agreed by all parties involved in the dispute of ownership.
In the event of Section 3(b)2: Account access will be given to the email address provided by the entities involved in condition Section 3(b)2.
Section 4: Third Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. Icy Evolution is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.
We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
Section 5: Content
All services provided by Icy Evolution may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless Icy Evolution from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account at a time.
Please do not take backups of your backups.
Examples of unacceptable material on all shared hosting plans include:
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Tell A Friend Scripts
- Anonymous or Bulk SMS Gateways
Icy Evolution services, including all related equipment, networks and network devices are provided only for authorized customer use. Icy Evolution systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Icy Evolution system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Icy Evolution may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.
Sites hosted on icyevolution.com’s service(s) are regulated by Mauritian laws as well as by the laws of the country in which your server is located in. Our servers are deployed in: Mauritius, Netherland, Italy, Russia, Moldova, Sweden and UK. Given this fact, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order issued by the collocating country court or Mauritius court. IcyEvolution.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a collocating country court or Mauritian Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
By using our service you also agree that internet services providers like IcyEvolution.com and many of IcyEvolution.com’s other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, IcyEvolution.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under IcyEvolution.com’s webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us at [email protected] and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
Section 6: Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Icy Evolution reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Icy Evolution reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Icy Evolution.
Section 7: Payment Information
You agree to supply appropriate payment for the services received from Icy Evolution, in advance of the time period during which such services are provided. You agree that until and unless you notify Icy Evolution of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be addressed via email to [email protected] Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled.
As a client of Icy Evolution, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Icy Evolution of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Icy Evolution. Icy Evolution reserves the right to bill your credit card or billing information on file with us. Icy Evolution provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full. The 10% late fee is applied in addition to whatever else is owed to Icy Evolution for services rendered. Access to the account will not be restored until payment has been received.
It is the customer’s responsibility to notify our sales team via email at [email protected] after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Icy Evolution cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.
Subsequently, domain renewals are billed and renewed 20 days before the renew date for clients who have chosen to pay by bank check or cash and 5 days before the renew date for clients who have chosen to pay using online payment methods such as Paypal, 2Checkout and Internet Banking. It is the customer’s responsibility to notify our sales team via email for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.
Icy Evolution reserves the right to change the monthly payment amount and any other charges at anytime.
Section 8: Backups and Data Loss
Your use of this service is at your sole risk.
Shared hosting: Backups are run every 48 hours.
VPS and dedicated servers: Backups are run nightly
One week of backups are kept. This service is provided to you as a courtesy. Icy Evolution is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Icy Evolution servers.
Section 9: Cancellations and Refunds
Icy Evolution reserves the right to cancel and suspend any order, or otherwise restrict access to the account at any time with or without notice. If for any reason, Icy Evolution cannot process the order, Icy Evolution reserves the right to cancel and refund payment made for the specified order.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in MRU Rs, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Icy Evolution is not responsible for any change in exchange rates between time of payment and time of refund.
Cancellations requested after the initial 45 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 45 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Bank Wire Transfers
- Western Union Payments
- Money orders
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
Section 10 (a): Resource Usage
User may not:
- Use 20% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- Run cron entries with intervals of less than 15 minutes.
- Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
- When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
- To help reduce usage, do not force html to handle server-side code (like php and shtml).
- Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
Section 10 (b): INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.
Section 10 (c): Backup Limit
Any shared account using more than 15 GB of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
Section 11: Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we will automatically allocate your more resources under a fair usage policy however we also reserve the right where needed to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Section 12: Payments and Price Change
Icy Evolution issues proforma invoices for every order and they are non bidding invoices. After payment is received and an order is marked as completed, the actual invoice, marked as PAID, which is also the payment receipt, is issued and sent to the client. The amount you pay for hosting may increase from the date of purchase and we will communicate any increase in pricing ahead of the next upcoming invoice. We reserve the right to change prices listed on Icy Evolution.com, and the right to increase the amount of resources given to plans at any time.
Section 13(a): Indemnification
Customer agrees that it shall defend, indemnify, save and hold Icy Evolution harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Icy Evolution, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Icy Evolution against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Icy Evolution; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Icy Evolution’s server.
Section 13(b): Arbitration
By using any Icy Evolution services, you agree to submit to binding arbitration. If any disputes or claims arise against Icy Evolution or its subsidiaries, such disputes will be handled by an arbitrator of Icy Evolution’s choice. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.
Section 14: Disclaimer
Icy Evolution shall not be responsible for any damages your business may suffer. Icy Evolution makes no warranties of any kind, expressed or implied for services we provide. Icy Evolution disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Icy Evolution and its employees.
Section 15: Disclosure to law enforcement
Icy Evolution may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Section 16: Changes to the TOS
Icy Evolution reserves the right to revise its policies at any time without notice.
This REGISTRATION AGREEMENT (the “Agreement”) is entered into, by and between the .mu domain name registrant (“Registrant”) and Internet Direct Ltd (“MUNIC”) and details the terms and conditions that apply to the registration of domain names, provision of a domain name service and services provided by MUNIC. For the purposes of these terms and conditions, any reference to the registration of a domain name includes, without limitation, the provision of the associated domain name service. Additional agreements, if any, may be entered into between the Registrant and accredited registrars relating to domain name services in the .mu TLD provided by such accredited registrars, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement. This agreement is effective only when a .mu domain ordered by the Registrant is validated and registered by the registrar to the database of MUNIC. If there is any conflict between such additional agreements and this Agreement, this Agreement shall prevail.
TERMS AND CONDITIONS:
The MUNIC Policies apply to all domains and sub-level domains which end in the suffix .mu and explain the rights and obligations between MUNIC and the Registrant. By applying to register and the use of the domain name, the Registrant agrees to indemnify and to keep MUNIC and its directors, fully and effectively indemnified at all times against all costs, claims, liabilities, losses, damages, actions and expenses (including without limitation, legal expenses) arising directly or indirectly from the registration and/or any breach by you of any of these terms and conditions.
MUNIC may modify these Policies from time to time. The current Policies are posted on MUNIC’s web site. MUNIC may inform registrants of changes to MUNIC Policies via email and Registrant agrees that such email shall not be considered spam; however, MUNIC shall not be obligated to provide such notice via email. The Registrant’s use of .mu Domain name(s) constitutes the Registrant’s acceptance of the revised MUNIC Policies. In the event that the Registrant does not wish to be bound by the revised MUNIC Policies, the Registrant’s sole remedy is to cancel the registration of the .mu Domain name(s), following the appropriate MUNIC Policies regarding such cancellation.
2. Registration Fee. The Registrant shall pay the appropriate registration fee (“Registration Fee”) applicable at the time the Registrant submits its Application to such accredited registrar or otherwise. Payment of Registration Fees shall be made in accordance to the requirements of the accredited registrars and MUNIC Policies effective at the time the Registrant submits such payment. All Registration Fees paid pursuant to this Agreement are non-refundable. It shall be the responsibility of the accredited registrar or registrant to pay the registration fee owed to the MUNIC once an order has been passed to MUNIC. Icy Evolution and MUNIC reserve the right not accept any application until such registration fee is paid. Icy Evolution also reserves the right to cancel an order and not proceed with the domain name registration with MUNIC at its sole discretion and inform the Registrant the reason for the cancellation of order. Icy Evolution shall issue a refund to the Registrant should it not be able to process the order. It shall not be the duty of the MUNIC to refund any Registration Fee or other fee to the Registrant in the event of non-performance by such registrar, since the disposition of such Registration Fee is being a matter of performance of a contract between the Registrant and such registrar. If you apply to register the domain name on behalf of a third party and you are registered in our database as a billing contact, MUNIC, at its option, will be entitled to receive any payments due in respect of the domain name registration from you or the relevant third party. You and the third party shall be jointly and severally liable in this regard.
3. Term and Renewal Term. The initial period of registration of the domain name is a whole number of years between one year and ten years. Thereafter, the registration may be renewed for further years provided that you pay the appropriate renewal fee on or before the relevant renewal date. It is your responsibility to ensure that you renew the domain name registration before the renewal date and provide accurate and up to date contact details. Whilst MUNIC endeavours to send reminders of renewal dates, it does not guarantee to do so and will not be liable if you fail to renew any registration on time. The Registrant’s exclusive registration of the .mu Domain name shall continue only for the term specified during which the service has been paid for (the “Term”). You may surrender the registration of the domain name at any time by notice in writing to MUNIC. Once payment has been received and the domain name with your details have been entered in our database no refund will be payable by MUNIC.
4. Registrant Information. The Registrant shall ensure that: (i) the information submitted by or on behalf of the Registrant to the .mu ccTLD registry in connection with registration of the .mu Domain name(s) or otherwise (“Registrant Information”) will during the Term comply with the MUNIC Policies and is and will remain true, current, complete, accurate, and reliable; and (ii) the Registrant shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by notifying MUNIC immediately of a change to any such information in accordance with the appropriate MUNIC Policy relating to modifications to the Registrant Information. MUNIC reserves and may exercise the right to terminate the Registrant’s registration of the .mu Domain name if (i) information provided by the Registrant to MUNIC is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) the Registrant fails to maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable. The Registrant acknowledges that a breach of this Section 4 will constitute a material breach of this Agreement which will entitle MUNIC to terminate this Agreement immediately upon such breach without any refund of the Registration Fee and without notice to Registrant.
(i) The Registrant acknowledges that all personal information supplied to MUNIC or an accredited registrar may be required to be publicly disclosed to third parties and used to maintain a public “Whois” service, provided that such disclosure is consistent with the MUNIC Policies, and the WHOIS and data contained within them belongs to the registry and we can change them at any time.
(ii) Registrants must provide the following information to MUNIC or its accredited registrar:
Legally recognized first and last name (surname) of the contact person for the Registrant (this contact person may be the Registrant itself).
If the Registrant is an organization, association, Limited Liability Company, Proprietary Limited Company, or other legally recognized entity, the contact person must be a person authorized under the applicable law in the applicable territory to legally bind the entity.
Valid postal address of the Registrant.
Functioning e-mail address of the Registrant.
Working telephone number for the Registrant, including country code, area code, and proper extension, if applicable.
Providing true, current, complete, and accurate contact information is an absolute condition of registration of a .mu Domain name within the .mu ccTLD. If any Registrant Information provided during registration or subsequent modification to that information is false, inaccurate or misleading, or conceals or omits pertinent information, MUNIC may terminate, suspend or place on hold the .mu Domain name(s) of any Registrant without notification and without refund to the Registrant; and
(iii) The Registrant is responsible for keeping the Registrant Information up to date and responding in a timely fashion to communications regarding the .mu Domain name or other .mu domains registered by them.
(iv) The Registrant may be requested to submit content, material, web page(s) or URL(s) accessed through the MUNIC network to the manufactures of internet content filters listed and such request shall be a binding obligation.
5. Agents. The Registrant understands, acknowledges and agrees that by using the .mu Domain name, the Registrant ratifies and is bound by this Agreement (including the MUNIC Policies incorporated into this Agreement) even if an agent (such as an Internet Service Provider, Domain name retailer, or otherwise) entered into this Agreement on the Registrant’s behalf, and even if the Registrant has not itself read this Agreement. Further, the Registrant is responsible for all information submitted by its agent. MUNIC will not cancel this Agreement, or refund any fees, because of any errors or omissions by the agent in the registration process or thereafter (e.g. if such agent provides incorrect Registrant Information), as such apparent authority will suffice to bind the Registrant. By acting on the Registrant’s behalf, such agent represents and warrants to the Registrant and MUNIC that the agent is authorised to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Agreement (including the MUNIC Policies incorporated into this Agreement).
6. Scope of Registration. On payment of the Registration Fee to MUNIC and after acceptance of the Application, the Registrant will be entitled to a license for the exclusive use of the domain name resolution services relating to the .mu Domain name for the duration of the term. However, the Registrant shall not use, display, exploit, or register a .mu Domain name in any manner which may constitute illegal activity or be in contravention or violation of MUNIC Policies. The Registrant acknowledges that a breach of this Section 6 will constitute a material breach of this Agreement which will entitle MUNIC to terminate this Agreement immediately upon such breach without any refund of the Registration Fee. The MUNIC or an accredited registrar may, in such party’s sole discretion, refuse registration of or discontinue services with respect to the Registrant’s desired .mu Domain name within thirty (30) calendar days from receipt of payment of the Registration Fee by the accredited registrar. In case of such refusal without cause (“cause” being defined as dishonouring any payment made to an accredited registrar and/or MUNIC or any violation of the MUNIC Policies), MUNIC shall refund to the accredited registrar the separate registration fee received by the MUNIC and the registrar shall refund to the Registrant the Registration Fee. Neither MUNIC nor an accredited registrar shall be liable for any loss, damage, or other injury whatsoever resulting from MUNIC or registrar’s refusal to register or to discontinue services in relation to the Registrant’s desired .mu Domain name.
Payment of fees is a condition to domain name registration. MUNIC shall be entitled to claim the Registrant (and/or Registrar or agent) for the registration for the domain name on receipt of an application to register for the domain name and for the renewal of the domain name registration on or before the renewal date. Payment must be made within the period stated in the invoice. If MUNIC does not receive payment within such period MUNIC is entitled, at its sole discretion, either to suspend or to delete the domain name registration from the database and if deleted, the domain name may be made available for registration to the public. If suspended, MUNIC reserves the right to charge you for redemption of the registration of the domain name. All fees are non-refundable in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. MUNIC reserves the right to modify fees, surcharges, renewals or institute new fees at anytime at its sole discretion. MUNIC also reserves the right to charge a service fee for administrative tasks outside the scope of its regular services. These include but are not limited to, customer services issues that cannot be handled over email but require personal service, and disputes that require legal services. To make sure that every registrant who registers a domain name pays their fair share of the costs of running the registry, we:
6.1 charge for the services we provide under this contract, do not have to start any process, including any change request, until we have received (within any time limit) any fee for that action and any other fees that have not been paid for the domain name or things done with it – it is your duty to make sure that we are paid and that there is enough information with the payment to make sure that we know which domain name it relates to;
6.2 reserve the right to levy additional surcharges, penalties and interests for late payments and may cancel the domain name without further notice if any debt relating to the domain name remains unpaid. Domain names are registered for fixed periods that are subject to renewal. If a customer does not pay for or renew a domain name registration, the domain name registration is subject to deletion at any time. In an effort to help our customers avoid unintentional deletion of their domain name registration(s), we may, but are not obligated to, provide our customers with a “grace period” after their domain name registration services expiration date(s) (a “grace period” begins on the day after the date of expiration). However, a grace period is not guaranteed and can change or be eliminated at any time without notice. Consequently, every Registrant who desires to renew his or her domain name registration services should do so in advance of the expiration date to avoid any unintended domain name deletion. If an expired domain name registration is not renewed during any grace period provided by us, rather than delete the domain name registration, we may renew and transfer the domain name registration to ourselves or to a third party. This renewal and transfer process is called a “Direct Transfer.” A customer’s failure to notify us that they do not want us to complete a Direct Transfer constitutes that customer’s consent to the Direct Transfer. A Registrant who is in arrears, failed to pay for and/or renew a domain name registration is not entitled to deny a Direct Transfer. If a domain name registration remains unpaid or is not renewed, we will suspend and/or delete the domain name registration. We may (but are not obligated to) provide registrants with the ability to “redeem” a suspended or deleted domain name registration. Such a redemption is not guaranteed and registrants should settle all any arrears and renew their domain name registration services in advance. If we decide to provide the redemption service to a customer, we charge a fee of thirty times the higher of the registration fee or the amount outstanding to redeem and renew a domain name registration during the redemption. If the domain name registration is not redeemed, it is then placed on “Pending Delete” status, after which it is deleted.
7. Registrant Representations and Warranties. The Registrant represents, warrants, and guarantees that:
(i) the Registrant understands that registration entitles the Registrant only to a licence for the use of the domain name resolution services relating to the .mu Domain name for the Term and that use of such services is subject to this Agreement (including the MUNIC Policies) and other pertinent rules and laws, including those concerning trademarks and other types of intellectual property, as these may now exist or be revised from time to time;
(ii) to the best of the Registrant’s knowledge and belief, neither the registration of the .mu Domain name nor the manner in which it is to be directly or indirectly used infringes the legal rights or intellectual property rights of a third party;
(iii) the Registrant will use, display, or exploit the .mu Domain name in good faith, and in accordance with international law and regulations, and will not use the .mu Domain name in any way which may violate a subsisting right of MUNIC or any third party;
(iv) the information provided by the Registrant is true and accurate, and the Registrant will update said information immediately if it changes;
(v) the Registrant is either (a) an identifiable human individual (over the age of 18 years); or (b) a legally recognized statutory entity (such as a Limited Liability Company, Partnership, Association, Society or Proprietary Limited Company);
(vi) the Registrant will promptly notify MUNIC of any actual or threatened proceedings brought in respect of the words used as or incorporated in the .mu Domain name whether by or against the Registrant;
(vii) the Registrant will not, directly or indirectly, through registration or use of the .mu Domain name or otherwise:
(a) register a .mu Domain name for the purpose of diverting trade from another business or website;
(b) deliberately register as a .mu Domain name mis-spellings of another entity’s personal, company or brand name in order to pass-off or trade on the business, goodwill or reputation of another;
(c) grant or purport to grant a security interest or other encumbrance on or over the .mu Domain name unless such security interest or other encumbrance does not exceed the limited rights of the Registrant in the .mu Domain name, does not impair the Registrant’s ability to fulfil the Registrant’s obligations under this Agreement, and does not impose obligations on the MUNIC beyond the obligations owed by the MUNIC to a registrant in the absence of such a security interest or encumbrance;
(viii) the Registrant meets and will continue to meet for the whole of the Term any eligibility criteria prescribed in the MUNIC Policies for registering and using the .mu Domain name;
(ix) that the Registrant will maintain the Registrant Information provided pursuant to Section 4 according to the requirements of Section 4;
(x) the Registrant has not previously submitted an application for registration of a domain name for the same character string with another registrar where:
(a) the Registrant is relying on the same eligibility criteria for both domain name applications; and
(b) the character string has previously been rejected by the other registrar;
(xi) any content, material or web page contained on any Uniform Resource Locator (“URL”), web site or web page accessing, utilising or accessed by means of the .mu Domain name complies with the MUNIC Acceptable Use Policy and recommendations and does not constitute or contain any illegal or prohibited content, including, but not limited to indecent, obscene, or pornographic material (as described more fully in the MUNIC Acceptable Use Policy), whether incorporated directly into or linked from a web site resolved via a .mu Domain name;
(xii) the use of the .mu Domain name and of any web page or URL accessed by or utilising the .mu Domain name will comply with the requirements of the MUNIC Acceptable Use Policy and recommended policies including, without limitation, those policies relating to spam.
8. MUNIC Representations and Warranties. MUNIC represents, warrants, and guarantees that:
(i) MUNIC manages the .mu top level domain name in trust for the Global Internet Community;
(ii) MUNIC has the full right, power, legal capacity, ability, and authority to enter into this Agreement, and to carry out the terms and conditions hereof notwithstanding the disclaimer below;
(iii) MUNIC will process the Registrant’s Application and consider whether to accept or reject it in accordance with the criteria laid down in this Agreement (including the MUNIC Policies);
(iv) MUNIC will, if the Application is successful, use its reasonable endeavours to ensure that the details supplied by the Registrant are entered into and maintained in the .mu zone file; and
MUNIC’s breach or misrepresentation of these warranties shall constitute a material breach of this Agreement. In the event of such material breach by MUNIC, the Registrant’s only recourse against MUNIC shall be to terminate its Agreement with MUNIC. MUNIC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE MAXIMUM EXTENT POSSIBLE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT. MUNIC DOES NOT GUARANTEE ANY INFORMATION PROVIDED TO THE REGISTRANT BY IT OR ITS AGENTS NOT INCORPORATED INTO THIS AGREEMENT AND, ACCORDINGLY, NO SUCH INFORMATION CREATES ANY EXPRESS OR IMPLIED WARRANTY. MUNIC’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE REGISTRANT AGREES THAT MUNIC WILL REGISTER DOMAIN NAMES ON A FIRST COME, FIRST SERVED BASIS. MUNIC DOES NOT GUARANTEE THAT ANY DOMAIN APPLIED FOR BY THE REGISTRANT WILL BE AVAILABLE OR WILL BE SUCCESSFULLY REGISTERED, AND THE REGISTRANT AGREES THAT IT DOES NOT HAVE ANY RIGHT OF OWNERSHIP IN A REGISTERED DOMAIN.
9. Breach. Failure of a Registrant to abide by any provision of this Agreement (including the MUNIC Policies) may be considered a material breach. In the event of such material breach, MUNIC may provide a written (including email) notice to the Registrant describing the breach. The Registrant in such event then has thirty (30) days to rectify or cure such breach or to provide evidence reasonably satisfactory to MUNIC that there is no breach of this Agreement or MUNIC Policies. In the event of a breach that is not rectified, cured or refuted by the Registrant to MUNIC’s satisfaction, MUNIC may cancel the Registrant’s registration of and licence to use the .mu Domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be deemed excused in the event that MUNIC did not act earlier in response to the breach by Registrant. In the event of a breach which, in the opinion of the MUNIC or an accredited registrar, causes immediate harm to the public interest or the MUNIC Network or which violates any applicable law or regulation, then an accredited registrar and/or the MUNIC may modify, suspend, or terminate services to the Registrant without written notice, the modification, suspension, or termination of services constituting notice to Registrant that such a breach has occurred. See Section 12, below for important limitations on the liability of MUNIC and accredited registrars with regard to good faith acts by such parties under this Section.
10. Disputes Involving Registrants. The Registrant acknowledges that MUNIC cannot, and does not, screen or otherwise review any Application to verify that the Registrant has legal rights to use a particular character string as or in a .mu Domain name. In the event that any party disputes the Registrant’s legal right to use, display, exploit, or register the .mu Domain name in any fashion, including allegations that prohibited material (as defined in the MUNIC Acceptable Use Policy) is displayed on or linked to from a website which is resolved via a .mu Domain name, MUNIC and the Registrant shall act in accordance with and agree to be bound by MUNIC’s Complaint Resolution Policy and Service. The Registrant is strongly encouraged to, prior to applying for registration of the .mu Domain name, perform a trademark search with respect to the acronyms, words and/or phrases comprising the .mu Domain name. The Registrant will be solely liable in the event that the Registrant’s use of a .mu Domain name constitutes an infringement or other violation of a third party’s rights.
In line with ICANN’s TLD policies, the registry reserves the right to reserve high value, keyword or premium names and to sell or auction these at non standard pricing. The terms, pricing, requirements and allocation methods of these domains will vary.
11. Indemnity. The Registrant shall defend, indemnify, and hold harmless MUNIC, the registry operator, accredited registrars and such parties’ officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates, lawyers and attorneys (“MUNIC Related Parties”) from and against any and all claims of third parties or made by the Registrant, including, but not limited to all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable lawyers or attorneys’ fees (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of the indemnified party’s domain registration or other services, or to the .mu Domain name itself, including the Registrant’s use, display, exploitation, or registration of the .mu Domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the .mu Domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant’s indemnification obligations. Failure to provide such written assurances is a material breach of this Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, or modification of the domain name registration services and any such termination, suspension, or modification shall in no way prejudice or substitute for an indemnified party’s right to seek indemnification by way of litigation or otherwise.
12. DISCLAIMER AND LIMITATION OF LIABILITY. The Registrant acknowledges and agrees that, to the maximum extent possible, MUNIC AND MUNIC RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, MUNIC SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM “HACKING”, DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR SERVICES RELATED TO THE DOMAIN NAME.
IN THE EVENT THAT MUNIC TAKES ACTION WITH RESPECT TO A .MU DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY MUNIC, THEN REGISTRANT AGREES THAT MUNIC SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF MUNIC HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF MUNIC OR MUNIC RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN IF POSSIBLE, OR, IF NOT POSSIBLE, A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN NO EVENT SHALL MUNIC’S LIABILITY TO THE REGISTRANT WHETHER IN CONTRACT, TORT OR BY STATUTE OR OTHERWISE, EXCEED THE REGISTRATION FEE FOR THE DOMAIN. MUNIC SHALL NOT BE LIABLE TO THE REGISTRANT WHETHER IN CONTRACT, TORT, BY STATUTE OR OTHERWISE IN RESPECT OF LOSS OF PROFITS AND/OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE DOMAIN NAMES REGISTERED HEREUNDER, INCLUDING WITHOUT LIMITATION LOSS OF: REVENUE, ANTICIPATED SAVINGS, BUSINESS, GOODS, GOODWILL, USE, DATA, INFORMATION, DOWNTIME AND/OR ANY DAMAGE RELATING TO THE PROCUREMENT OF ANY SUBSTITUTE SERVICE.
IN ADDITION, MUNIC AND MUNIC RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OR BREACH OF SECURITY, EVEN IF MUNIC OR MUNIC RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF MUNIC OR MUNIC RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY FOR MUNIC OR MUNIC RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF MUNIC OR MUNIC RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE BREACH OCCURS WITHIN 30 DAYS OF PAYMENT), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT’S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO MUNIC OR MUNIC RELATED PARTIES BY THE REGISTRANT.
13. Notices. Notices to MUNIC shall be delivered by registered mail or reputable commercial courier service in the manner of quickest delivery (i.e., overnight delivery, if possible) to:
Internet Direct Ltd (“MUNIC”)
48 Remy Ollier Street
Notices mailed by registered or courier of a country shall be deemed delivered on receipt.
Notices to Registrant shall be delivered by registered mail, courier service in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in the sole discretion of the MUNIC or a MUNIC Related Party, by email or fax.
14. Governing Law / Forum Selection. The terms and conditions are governed by English law and by applying to register or renew a domain name you and MUNIC submit to the exclusive jurisdiction of the English courts. For all disputes in which the MUNIC may be or is a party to the dispute, the Registrant hereby consents to the exclusive jurisdiction of the English courts, or an international court deemed appropriate by MUNIC in writing, for any and all claims or disputes directed against the MUNIC and which arise out of, purport to enforce, construe, or otherwise relate to the .mu Domain name, this Agreement, or MUNIC Policies. The Registrant waives any right to object to the venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the MUNIC, disputes not involving the MUNIC as a party may be governed by a governing law and/or forum selection clause contained in a separate agreement, if any, between the Registrant and such other disputant (for example, disputes between and accredited registrar and a Registrant may be governed by a separate agreement, if any, between the Registrant and the accredited registrar); provided, however, that no such separate agreement may modify or waive either MUNIC’s or Registrant’s consent to exclusive choice of law, jurisdiction, and the selected court for disputes in which the MUNIC is or may be a party, as described above.
15. OWNERSHIP OF INFORMATION AND DATA. Registrant agrees and acknowledges that MUNIC shall own all database, compilation, collective and similar rights, title and interests worldwide in any domain name database(s), and all information and derivative works generated from the domain name database(s) and that such domain name database may include, without limitation, (a) the original creation date of domain name registration(s), (b) the expiration date of domain name registration(s), (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for domain name registration(s), (d) any remarks concerning registered domain name(s) that appear or should appear in the WHOIS or similar information repositories, and (e) any other information generated or obtained in connection with providing domain name registration services.
16. Severability. If any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of MUNIC and the Registrant in executing this Agreement.
17. No Waiver. The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
18. Full Integration. This Agreement, together with the MUNIC Policies expressly incorporated herein by reference, constitutes the entire agreement between the Registrant and MUNIC relating to the .mu Domain name. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this Agreement, and this Agreement supersedes all prior written, oral, or electronic agreements between the Registrant and MUNIC relating to the .mu Domain name. Additional agreements, if any, may be entered into between the Registrant and accredited registrars relating to domain name services in the .mu TLD provided by such accredited registrars, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement nor may such an additional agreement impose any obligation upon MUNIC without MUNIC’s express written consent. If there is any conflict between such additional agreements and this Agreement, this Agreement shall control.
19. Written Agreement. This Agreement constitutes a written agreement between Registrant and MUNIC even though the Registrant’s Application may be dispatched electronically, and even though MUNIC may accept the Application electronically. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
20. Assignment. The parties agree that MUNIC is able to assign this Agreement to a third party without prior written notice to the Registrant.
21. Survival of Obligations. The parties agree that clauses 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 shall survive the expiry or termination of this Agreement.
THIS AGREEMENT IS EFFECTIVE AND BINDING as of the date of acceptance hereof by MUNIC (i.e., the date of registration of the .mu Domain name).