Author: Support
Domain Registrant Agreement
General Terms
This Domain Registrant Agreement (hereinafter referred to as the “Agreement”) between you (“you”, “your” or “Registrant”) and the Registrar of the Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward (the “Order”) that you have registered/reserved through or transferred to Registrar, sets forth the terms and conditions of Registrar’s domain name registration service and other associated services as described herein.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” and “Registrant” shall refer to such entity.
This Agreement explains our obligations to you, and your obligations to us in relation to each Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward that you have registered/reserved through or transferred to Registrar (“Order”), directly or indirectly, whether or not you have been notified about Registrar.
This Agreement will become effective when the term of your Order begins with Registrar and will remain in force until the Order remains as an active Order with Registrar. Registrar may elect to accept or reject the Order application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for a prohibited Order.
WHEREAS, Registrar is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX ‘U’;
AND WHEREAS, the Registrant is the Owner of a registration of a domain name (“the SLD”) in any of the TLDs mentioned within APPENDIX ‘U’, directly or indirectly;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar and the Registrant, intending to be legally bound, hereby agree as follows:
- DEFINITIONS
- “Business Day” refers to a working day between Mondays to Friday excluding all Public Holidays.
- “Communications” refers to date, time, content, including content in any link, of all oral / transmitted / written communications / correspondence between Registrar, and the Registrant, and any Artificial Juridical Person, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity acting on their behalf.
- “Customer” refers to the customer of the Order as recorded in the OrderBox Database.
- “OrderBox” refers to the set of Servers, Software, Interfaces, Registrar Products and API that is provided for use directly or indirectly under this Agreement by Registrar and/or its Service Providers.
- “OrderBox Database” is the collection of data elements stored on the OrderBox Servers.
- “OrderBox Servers” refer to Machines / Servers that Registrar or its Service Providers maintain to fulfill services and operations of the OrderBox.
- “OrderBox User” refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the “OrderBox” by the Customer, directly or indirectly.
- “Registrar” refers to the Registrar of record as shown in a Whois Lookup for the corresponding Order at the corresponding Registry Operator.
- “Registrar Products” refer to all Products and Services of Registrar which it has provided/rendered/sold, or is providing/rendering/selling.
- “Registrar Servers” refer to web servers, Mailing List Servers, Database Servers, OrderBox Servers, Whois Servers and any other Machines / Servers that Registrar or its Service Providers Operate, for the OrderBox, the Registrar Website, the Registrar Mailing Lists, Registrar Products and any other operations required to fulfill services and operations of Registrar.
- “Registrar Website” refers to the website of the Registrar.
- “Registry Operator” refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that is involved in the management of any portion of the registry of the TLD, including but not limited to policy formation, technical management, business relationships, directly or indirectly as an appointed contractor.
- “Resellers” – The Registrant may purchase the Order through a reseller, who in turn may purchase the same through a reseller and so on (collectively known as the “Resellers”).
- “Service Providers” refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that the Customer and/or Registrar and/or Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfillment / provision / purchase of Registrar Products, OrderBox, and any other services and operations of Registrar.
- “Whois” refers to the public service provided by Registrar and Registry Operator whereby anyone may obtain certain information associated with the Order through a “Whois Lookup”.
- “Whois Record” refers to the collection of all data elements of the Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry.
- OBLIGATIONS OF THE REGISTRANT
- The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the Order in the OrderBox Database during the term of the Order. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant’s failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Order in the OrderBox database concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order.
- The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Order in the OrderBox Database, the data element in the OrderBox Database records shall prevail.
- The Registrant acknowledges that the authentication information for complete control and management of the Order will be accessible to the Registry Operator, Service Providers, Resellers and the Customer. Any modification to the Order by the Resellers, Customer or Service Providers will be treated as if it is authorized by the Registrant directly. Registrar is not responsible for any modification to the Order by the Customer, Resellers, Registry Operator, or Service Providers.
- The Registrant acknowledges that all communication about the Order will be only done with the Customer or the Resellers of the Order. Registrar is not required to, and may not directly communicate with the Registrant during the entire term of the Order.
- The Registrant shall comply with all terms or conditions established by Registrar, Registry Operator and/or Service Providers from time to time.
- The Registrant must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN (http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm) and the Registry Operator.
- During the term of this Agreement and for three years thereafter, the Registrant shall maintain the following records relating to its dealings with Registrar, Resellers and their Agents or Authorized Representatives:
o in electronic, paper or microfilm form, all written communications with respect to the Order;
o in electronic form, records of the accounts of the Order, including dates and amounts of all payments, discount, credits and refunds. - The Registrant shall make these records available for inspection by Registrar upon reasonable notice not exceeding 14 days.
- REPRESENTATIONS AND WARRANTIES
Registrar and Registrant represent and warrant that: - They have all requisite power and authority to execute, deliver and perform their obligations under this Agreement.
- This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against Registrant and Registrar in accordance with its terms.
- The execution, delivery, and performance of this Agreement and the consummation by Registrar and the Registrant of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:
o any provision of law, rule, or regulation;
o any order, judgment, or decree;
o any provision of corporate by-laws or other documents;
o any agreement or other instrument.
o The execution, performance and delivery of this Agreement has been duly authorized by the Registrant and Registrar.
o No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby. - The Registrant represents and warrants that:
- the Registrant has read and understood every clause of this Agreement;
- the Registrant has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement; and
- the Registrant is eligible, to enter into this Contract according to the laws of his country.
- RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS
- Registrar, Service Providers and Registry Operator may change any information, of the Order, or transfer the Order to another Registrant, or transfer the Order to another Customer, upon receiving any authorization from the Registrant, or the Customer, or Resellers as maybe prescribed by Registrar from time to time.
- Registrar, Service Providers and Registry Operator may provide/send any information, about the Registrant, and the Order including Authentication information:
o to the Registrant;
o to any authorised representative, agent, contractee, employee of the Registrant upon receiving authorization in any form as maybe prescribed by Registrar from time to time;
o to the Customer, Resellers, Service Providers and Registry Operator;
o to anyone performing a Whois Lookup for the Order. - Registrar in its own discretion can at any point of time with reasonable notification temporarily or permanently cease to sell any Registrar Products.
- Registrar and the Registry Operator, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Registrar may refund the fees charged for the Order, after deducting any processing charges for the same.
- Notwithstanding anything to the contrary, Registrar, Registry Operator and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, delete, suspend, deny, cancel, modify, take ownership of or transfer the Order, or to modify, upgrade, suspend, freeze OrderBox, or to publish, transmit, share data in the OrderBox Database with any person or entity, or to contact any entity in the OrderBox Database, in order to recover any Payment from the Registrant, Customer or Resellers, for any service rendered by Registrar including services rendered outside the scope of this agreement for which the Registrant, Customer or Reseller has been notified and requested to remit payment, or to correct mistakes made by Registrar, Registry Operator or Service Providers in processing or executing the Order, or incase of any breach of this Agreement, or incase Registrar learns of a possibility of breach or violation of this Agreement which Registrar in its sole discretion determines to be appropriate, or incase of Termination of this agreement, or if Registrar learns of any such event which Registrar reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Registrar Products, OrderBox, and the Registry or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in accordance/compliance with any agreements executed by Registrar including but not limited to agreements with Service Providers, and/or Registry Operator, and/or Customers and/or Resellers, or to avoid any liability, civil or criminal, on the part of Registrar and/or Service Providers, and/or the Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Registrant and/or Agents or any other authorized representatives of the Registrant violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS hijacking), distribution of virus or malware, child pornography, using Fast Flux techniques, running Botnet command and control, Hacking (illegal access to another computer or network), network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, or Registrar learns of the possibility of any such violation or upon appropriate authorization (what constitutes appropriate authorization is at the sole discretion of Registrar) from the Registrant or Customer or Reseller or their authorized representatives, or if Registrar, Registry Operator or Service Providers in their sole discretion determine that the information associated with the Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Registrar or Service Providers in their sole discretion determine that the ownership of the Order should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or for any appropriate reason. Registrar or Registry Operator, also reserve the right to freeze the Order during resolution of a dispute. The Registrant agrees that Registrar, Registry Operator and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator and Service Providers, are not liable for loss or damages that may result from any of the above.
- Registrar and Service Providers can choose to redirect an Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Order has expired, or is suspended, or does not contain valid Name Servers to direct it to any destination. Registrant acknowledges that Registrar and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.
- Registrar and Registry Operator has the right to rectify any mistakes in the data in the OrderBox Database with retrospective effect.
- DISPUTE PROCESS
The Registrant agrees that, if the use of the Order is challenged by a third party, the Registrant will be subject to the provisions of the appropriate Dispute policy for that Order as mentioned in the appropriate Appendix in effect at the time of the dispute.
The Registrant agrees that in the event a dispute arises with any third party, the Registrant will indemnify and hold Registrar, Registry Operator and Service Providers harmless in all circumstances, and that Registrar, Registry Operator and Service Providers will have no liability of any kind for any loss or liability resulting from any such dispute, including the decision and final outcome of such dispute. If a complaint has been filed with a judicial or administrative body regarding the Registrant’s use of the Order, the Registrant agrees not to make any changes to the Order without Registrar’s prior approval. Registrar may not allow the Registrant to make changes to such Order until: - Registrar is directed to do so by the judicial or administrative body; or
- Registrar receives notification, in a manner prescribed by Registrar from time to time, by the Registrant and the other party contesting the Registrant registration or use of the Order, that the dispute has been settled.
- TERM OF AGREEMENT / RENEWALS
- The term of this Agreement shall continue until the registrant of the Order in the OrderBox database continues to be the Registrant and the Order continues to exist and the Order Registration term continues to exist.
- Registrant acknowledges that it is the Registrant’s responsibility to keep records and maintain reminders regarding the expiry of any Order. As a convenience to the Registrant, and not as a binding commitment, we may notify the Customer, via an email message sent to the contact information associated with the Customer in the OrderBox database, about the expiry of the Order. Should renewal fees go unpaid for an Order, the Order will expire.
- Registrant acknowledges that after expiration of the term of an Order, Registrant has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to the Registrar. Registrar and Service Providers may make any modifications to said Order or any information associated with said Order. Registrar and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Registrar and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Registrar and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Registrar and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Registrar and Service Providers may choose to transfer the ownership of the Order to any third party in their sole discretion. Registrant acknowledges that Registrar and Service Providers shall not be liable to Registrant or any third party for any action performed under this clause.
- Registrar at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately at the price then prevailing for such a process as determined by the Registrar in its sole discretion. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.
- Registrar makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase.
- This Agreement shall terminate immediately in the event:
o Registrar’s contract with the Service Providers for the fulfillment of such Order is terminated or expires without renewal;
o Registrar’s contract with the Registry Operator is terminated or expires without renewal;
o Registry Operator ceases to be the Registry Operator for the particular TLD;
o of Registrant-Registrant Transfer as per Section 8;
o of Registrar-Registrar Transfer as per Section 9. - Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify the Order and suspend OrderBox Users’ access to the OrderBox with immediate effect, upon the sole discretion of Registrar.
- Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, unless specified otherwise. The Registrant however shall be liable for any damage arising from any breach by it of this Agreement.
- FEES / RENEWAL
Payment of fees shall be governed as per the Payment Terms and Conditions set out in Appendix ‘B.’ - REGISTRANT – REGISTRANT TRANSFER
- Registrar may transfer the Order of the Registrant to another registrant under the following circumstances:
o authorization from the Registrant and/or their Agent or Authorized Representative in a manner prescribed by Registrar from time to time;
o authorization from the Customer and/or the Reseller in a manner prescribed by Registrar;
o on receiving orders from a competent Court or Law Enforcement Agency;
o for fulfillment of a decision in a domain dispute resolution;
o breach of Contract;
o termination of this Agreement;
o Registrar learns of any such event, which Registrar reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof. - Registrant acknowledges that Registrar cannot verify the authenticity of any information, authorization or instructions received in Section (8)(1). Upon receiving such authorization that Registrar in its absolute unfettered and sole discretion deems to be genuine, Registrar may transfer the Order. Registrar cannot be held liable for any such transfer under any circumstance including but not limited to fraudulent or forged authorization received by Registrar.
- In the above circumstances the Registrant shall extend full cooperation to Registrar in transferring the Order of the Registrant to another registrant including without limitation, handing over all data required to be stored by the Registrant as per Section 3(5), and complying with all requirements to facilitate a smooth transfer.
- The Registrant’s Order may not be transferred until Registrar receives such written assurances or other reasonable assurance that the new registrant has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by Registrar in its sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determined by Registrar in its sole discretion) to the terms and conditions in this Agreement, any such transfer maybe considered by Registrar as null and void in its sole discretion.
- Registrar provides the ability to move certain Orders from Customer’s account to another person having active AKS Internet Services account, under following procedure:
o Customer shall independently initiate the move of an Order while using AKS Internet Services account functionalities.
o The receiver of the Order shall confirm acceptance of the Order within 10 days following the initiation of the move, otherwise the move will be automatically canceled. Until acceptance, the Customer retains the right to cancel the move.
o Upon acceptance of the Order, the Order receiver must promptly update the Registrant’s contact details associated with the Order.
o NOTE: After a successful Order move, the Order’s receiver shall be restricted from initiating or effecting any further transfers to another registrar of the same Order for a duration of 10 days.
Please note that once the Order is successfully moved, the Customer losses ownership rights to the Order.
The Registrar shall not be held liable for any actions conducted by the Customer or the Order receiver in relation to the initiation, confirmation, or completion of the Order move, or any subsequent transfers or moves of the same Order. The Customer and the Order receiver assume full responsibility and agree to hold the Registrar harmless from any claims, damages, losses, or liabilities that may arise from their actions related to the Order move and associated processes. - REGISTRAR-REGISTRAR TRANSFER
- For generic top-level domains governed by ICANN, Registrant acknowledges and agrees that a domain name may not be transferred during the first sixty (60) days after initial registration or registrar transfer. Registrar may deny or prevent a transfer of a generic top-level domain Order to another registrar pursuant to the Inter-Registrar Transfer Policy (available here).
- For country-code top-level domains, as established by each registry, Registrant acknowledges and agrees that during the first 60 days after initial registration of the Order, or after expiration of the Order, Registrant may not be able to transfer the Order to another registrar.
- Registrar may deny or prevent a transfer of an Order to another registrar in situations described in this Agreement including, but not limited to:
o a dispute over the identity of the domain name holder;
o bankruptcy; and default in the payment of any fees;
o any pending dues from the Customer or Resellers’ or Registrant for any services rendered, whether under this agreement;
o any pending Domain Dispute Resolution process with respect to the Order;
o if the Order has been locked or suspended by the Customer or Resellers;
o any situation where denying the transfer is permitted under the then applicable process and rules of transfer of domain names as laid out by the Registry Operator, Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time;
o any other circumstance described in this Agreement; and
o for any other appropriate reason. - Registrar may request the Registrant (or any other contact associated with the Order) for authorization upon receiving a request to transfer the Order to another registrar. The Registrant agrees to provide such authorization to Registrar. Registrar, in its sole discretion will determine if such authorization is adequate to allow the transfer.
- Registrar may at its sole discretion lock or suspend the Order to prevent a domain transfer.
- Registrar cannot be held liable for any domain name transferred away to another registrar, or for any denial of a transfer, in accordance with this Section 9 (Registrar-Registrar Transfer).
- CHANGE OF REGISTRANT
Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant’s name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN’s Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request.
Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant.
In case of any changes in the Registrant’s contact details (Owner Changes), Registrant agrees to the following partner’s agreement available at https://kb.centralnicreseller.com/domains/icann/icann-ownerchange/enabling-the-designated-agent-mode-for-your-centralnic-reseller-account
We are required to deny a change of registrant for any of the following reasons: - the domain name registration agreement has expired and the registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar;
- the change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or
- the domain name is subject to a domain name dispute proceeding, including, but not limited to, the following:
o Uniform Domain-Name Dispute-Resolution Policy (UDRP) (https://www.icann.org/resources/pages/help/dndr/udrp-en);
o Uniform Rapid Suspension (URS) (https://www.icann.org/resources/pages/urs-2014-01-09-en);
o Registrar Transfer Dispute Resolution Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en); or
o a court order. - DESIGNATED AGENT
You hereby explicitly authorize us to act as Designated Agent to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with the requirements of ICANN’s Transfer Policy (https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en). - LIMITATION OF LIABILITY
IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO: - LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;
- LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION 21 OF THIS AGREEMENT;
- LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;
- LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
- LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;
- LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.
- If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Registrar by the Registrant, then in no event will the liability of Registrar exceed actual amount received by Registrar for the Order minus direct expenses incurred with respect to the Order.
REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT RECEIVED BY REGISTRAR IN RELATION TO THE ORDER. - INDEMNIFICATION
The Registrant, at its own expense, will indemnify, defend and hold harmless, Registrar, Service Provider, Registry Operator, Resellers and the contactors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator, Service Providers, and Resellers against any claim, suit, action, or other proceeding brought against them based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Registrar Products provided hereunder, or any use of the Registrar Products, including without limitation: - infringement by the Registrant, or someone else using a Registrar Product with the Registrant’s computer, of any intellectual property or other proprietary right of any person or entity;
- arising out of any breach by the Registrant of this Agreement;
- arising out of, or related to, the Order or use of the Order;
- relating to any action of Registrar as permitted by this Agreement;
- relating to any action of Registrar carried out on behalf of Registrant as described in this Agreement.
- However, that in any such case Registrar may serve either of the Registrant with notice of any such claim and upon their written request, Registrar will provide to them all available information and assistance reasonably necessary for them to defend such claim, provided that they reimburse Registrar for its actual costs.
- Registrar will not enter into any settlement or compromise of any such indemnifiable claim without Registrant’s prior written consent, which shall not be unreasonably withheld.
- The Registrant will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys’ fees and costs awarded against or otherwise incurred by Registrar in connection with or arising from any such indemnifiable claim, suit, action or proceeding.
- INTELLECTUAL PROPERTY
Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Registrar to the Registrant, or by any disclosure of any Confidential Information to the Registrant under this Agreement.
Registrant shall further ensure that the Registrant does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Registrant acknowledges that Registrar cannot and does not check to see whether any service or the use of the services by the Registrant under this Agreement, infringes legal rights of others. - OWNERSHIP AND USE OF DATA
- You agree and acknowledge that Registrar owns all data, compilation, collective and similar rights, title and interests worldwide in the OrderBox Database, and all information and derivative works generated from the OrderBox Database.
- Registrar, Service Providers and the Registry Operator and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Registrar, or Registry Operator or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.
- DELAYS OR OMISSIONS; WAIVERS
No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.
No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing. - RIGHT TO SUBSTITUTE UPDATED AGREEMENT
During the period of this Agreement, the Registrant agrees that Registrar may: - revise the terms and conditions of this Agreement; and
- change the services provided under this Agreement
- Registrar, or the Registry Operator or any corresponding/designated policy formulating body may revise ANY of the Dispute policies, and eligbility criterias set forth in the various appendices as well as in any of the external URLs referenced within the appendices.
- Any such revision or change will be binding and effective immediately on posting of the revision on the Registrar Website or the corresponding URL referenced in this Agreement.
- The Registrant agrees to review the Registrar Website and all other URLs referenced in this Agreement, periodically, to be aware of any such revisions.
- The Registrant agrees that, continuing use of the services under this Agreement following any revision, will constitute as an acceptance of any such revisions or changes.
- The Registrant acknowledges that if the Registrant does not agree to any such modifications, the Registrant may terminate this Agreement within 30 days of such revision. In such circumstance Registrar will not refund any fees paid by the Registrant.
- PUBLICITY
The Registrant shall not create, publish, distribute, or permit any written / Oral / electronic material that makes reference to us or our Service Providers or uses any of Registrar’s registered Trademarks / Service Marks or our Service Providers’ registered Trademarks / Service Marks without first submitting such material to us and our Service Providers and receiving prior written consent.
The Registrant gives Registrar the right to use the Registrant names in marketing / promotional material with regards to Registrar Products to Visitors to the Registrar Website, Prospective Clients and existing and new customers. - TAXES
The Registrant shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Registrar Products. - FORCE MAJEURE
Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a “Force Majeure Event”) including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party’s employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party’s reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party’s performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first six months of such interference, provided that such party uses best efforts to avoid or remove such causes of nonperformance as soon as possible. - ASSIGNMENT / SUBLICENSE
Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties; provided, however, that any such successor or assign be permitted pursuant to the Articles, Bylaws or policies of Registrar.
The Registrant shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person/s except as provided for in Section 8 (REGISTRANT – REGISTRANT TRANSFER) or with the prior written consent of Registrar.
Registrant agrees that if Registrant licenses the use of the Order to a third party, the Registrant nonetheless remains the Registrant of record, and remains responsible for all obligations under this Agreement. - NO GUARANTY
The Registrant acknowledges that registration or reservation of the Order does not confer immunity from objection to the registration, reservation, or use of the Order. - DISCLAIMER
THE ORDERBOX, REGISTRAR SERVERS, OrderBox Servers, Registrar Website AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON “AS IS” AND “WHERE IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.
REGISTRAR AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.
REGISTRAR AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, ORDERBOX OR BY ACCESSING REGISTRAR SERVERS. WITHOUT LIMITING THE FOREGOING, REGISTRAR AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH ORDERBOX OR REGISTRAR SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE ORDERBOX/REGISTRAR SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY REGISTRAR AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE ORDERBOX WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER.
REGISTRAR AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. REGISTRAR AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
FURTHERMORE, REGISTRAR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE ORDERBOX, ORDERBOX SERVERS, REGISTRAR WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. - JURISDICTION & ATTORNEY’S FEES
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Registrar is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in city, state, country where Registrar is incorporated. Registrar reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management/Residence of the Registrant is situated as per the laws of that Country/State/District.
If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys’ fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.
For the adjudication of disputes concerning or arising from use of the Order, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile and (2) the Registrar’s country of incorporation. - MISCELLANEOUS
- Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa.
- There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein.
- The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator.
- The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator.
- Survival: In the event of termination of this Agreement for any reason, Sections 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14, 16, 17, 20, 21, 22, 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23, 23(3), 23(5), 23(7), 23(11), 24(2) and all of Appendix A, and all Sections of Appendix B, and Sections 1, 2, 3 of Appendix W shall survive.
- This Agreement does not provide and shall not be construed to provide third parties (i.e. non-parties to this Agreement), with any remedy, claim, and cause of action or privilege against Registrar.
- The Registrant, Registrar, its Service Providers, Registry Operator, Resellers, and Customer are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the parties.
- Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, this Agreement.
- Construction: The Parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be applied in the construction or interpretation of this Agreement.
- Entire Agreement; Severability: This Agreement, including all Appendices constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.
- The division of this Agreement into Sections, Subsections, Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.
- This agreement may be executed in counterparts.
- Language. All notices, designations, and specifications made under this Agreement shall be made in the English Language only.
- Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in Mumbai, India (IST) i.e. GMT+5:30
- BREACH
In the event that Registrar suspects breach of any of the terms and conditions of this Agreement: - Registrar can immediately, without any notification and without assigning any reasons, suspend / terminate the Registrants access to the OrderBox Server.
- The Registrant will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.
- Registrar can immediately, without any notification and without assigning any reasons, delete / suspend / terminate / freeze the Order.
- NOTICE
Any notice or other communication required or permitted to be delivered to Registrar under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered when delivered to contact address specified on the Registrar Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:30 (Indian Standard Time) and otherwise on the next Business Day.
Any notice or other communication required or permitted to be delivered to the Registrant under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, given and received when delivered to contact address of the Registrant in the OrderBox Database.
Any notice or other communication to be delivered to any party via email under this agreement shall be deemed to have been properly delivered if sent in case of Registrar to its Legal Contact mentioned on the Registrar Website and in case of the Registrant to their respective email address in the OrderBox Database.
APPENDIX ‘A’
TERMS AND CONDITIONS OF ORDERBOX USAGE
This Appendix A covers the terms of access to the OrderBox. Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement.
ACCESS TO OrderBox - Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend OrderBox Users’ access to the OrderBox in the event of significant degradation of the OrderBox, or at any time Registrar may deem necessary.
- Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the OrderBox from time to time.
- Access to the OrderBox is controlled by authentication information provided by Registrar. Registrar is not responsible for any action in the OrderBox that takes place using this authentication information whether authorized or not.
- Registrar is not responsible for any action in the OrderBox by a OrderBox User.
- OrderBox User will not attempt to hack, crack, gain unauthorized access, misuse or engage in any practice that may hamper operations of the OrderBox including, without Limitation temporary / permanent slow down of the OrderBox, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the OrderBox and architecture needed to continue operation thereof.
- OrderBox User will not send or cause the sending of repeated unreasonable network requests to the OrderBox or establish repeated unreasonable connections to the OrderBox. Registrar will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections.
- OrderBox User will take reasonable measures and precautions to ensure secrecy of authentication information
- OrderBox User will take reasonable precautions to protect OrderBox Data from misuse, unauthorized access or disclosure, alteration, or destruction.
- Registrar shall not be responsible for damage caused due to the compromise of your Authentication information in any manner OR any authorized/unauthorized use of the Authentication Information.
- Registrar shall not be liable for any damages due to downtime or interruption of OrderBox for any duration and any cause whatsoever.
- Registrar shall have the right to temporarily or permanently suspend access of a OrderBox User to the OrderBox if Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the OrderBox, or learns of any possible misuse that has occurred, or will occur with respect to a OrderBox User.
- Registrar and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, OrderBox
Terms of USAGE OF ORDERBOX
Registrant, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the OrderBox, directly or indirectly, in violation of any federal, state or local rule, regulation or law, or for any unlawful purpose, or to promote adult-oriented or “offensive” material, or related to any unsolicited bulk e-mail directly or indirectly (such as by referencing an OrderBox provided service within a spam email or as a reply back address), or related to ANY unsolicited marketing efforts offline or online, directly or indirectly, or in a manner injurious to Registrar, Registry Operator, Service Providers or their Resellers, Customers, or their reputation, including but not limited to the following: - Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.);
- posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic);
- sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider;
- offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses (“spamware”);
- advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software;
- harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Registrar;
- impersonating another user or entity or an existing company/user/service or otherwise falsifying one’s identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere;
- using OrderBox services to point to or otherwise direct traffic to, directly or indirectly, any material that, in the sole opinion of Registrar, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Registrar, to be threatening or obscene or inappropriate;
- using OrderBox directly or indirectly for any of the below activities:
- transmitting Unsolicited Commercial e-mail (UCE);
- transmitting bulk e-mail;
- being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist;
- posting bulk Usenet/newsgroup articles;
- Denial of Service attacks of any kind;
- excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Registrar in its sole discretion;
- copyright or trademark infringement;
- unlawful or illegal activities of any kind;
- promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse);
- causing lossage or creating service degradation for other users whether intentional or inadvertent.
2) Registrar in its sole discretion will determine what constitutes as violation of appropriate usage including but not limited to all of the above.
3) Data in the OrderBox Database cannot be used for any purpose other than those listed below, except if explicit written permission has been obtained from Registrar:
• to perform services contemplated under this agreement; and
• to communicate with Registrar on any matter pertaining to Registrar or its services.
4)Data in the OrderBox Database cannot specifically be used for any purpose listed below:
• Mass Mailing or SPAM; and
• selling the data.
APPENDIX ‘B’
PAYMENT TERMS AND CONDITIONS
1) Registrar will accept payment for the Order from the Customer or Resellers. - Registrant can refer to Pricing page for fee charged by Registrar or AKS Internet Services for the Order. The Registrant acknowledges that the Registrar or AKS Internet Services reserves the right to change the pricing without any prior notification.
- In the event that a payment made via Credit Card or the payment instrument sent by the Customer or Reseller bounces due to Lack of Funds or any other Reason, then
- Registrar may immediately suspend OrderBox Users’ access to the OrderBox
- Registrar has the right to terminate this agreement with immediate effect and without any notice.
- Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders placed of the Registrant as well as stop / suspend / delete / transfer any Orders currently being processed.
- Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all Orders placed by the Registrant to another Customer, or under Registrar’s account.
- Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same.
- Registrar shall have the right to initiate any legal proceedings against the Registrant to recover any such liabilities.
APPENDIX ‘C’
.COM/.NET SPECIFIC CONDITIONS
If the Order is a .COM/.NET/ domain name, the Registrant, must also agree to the following terms:
PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes: - full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
- the primary nameserver and secondary nameserver(s), if any for the domain name;
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
- the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
DOMAIN NAME DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference. - .COM – Should you seek to register a .COM top level domain, you must agree to be bound by the following additional terms:
- The Registrant shall be prohibited from distributing malware, abusively operating botnets, phishing, pharming, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law and providing (consistent with applicable law and any related procedures) consequences for such activities, including suspension of the registration of the Registered Name;
- The Registrant shall acknowledge and agrees that Verisign reserves the right to deny, cancel, redirect or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (2) to correct mistakes made by Verisign or any Registrar in connection with a domain name registration, (3) for the non-payment of fees to Verisign, (4) to protect against imminent and substantial threats to the security and stability of the Registry TLD, System, Verisign’s nameserver operations or the internet, (5) to ensure compliance with applicable law, government rules or regulations, or pursuant to any legal order or subpoena of any government, administrative or governmental authority, or court of competent jurisdiction, and/or (6) to stop or prevent any violations of any terms and conditions of this Agreement, the Operational Requirements, or pursuant to Verisign’s Registry Agreement with ICANN.
APPENDIX ‘D’
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
DESCRIPTION OF SERVICES
The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.
IMPLEMENTATION DETAILS - Registrant acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Registrar, and
- any mail received via post at this Address would be rejected;
- any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;
- the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address in the OrderBox Database.
- Registrant agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, or Customer of a privacy protected Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Registrar and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.
- Registrant understands that the Privacy Protection Service is only available for certain TLDs.
- Irrespective of whether Privacy Protection is enabled or not, Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement.
- Registrant understands and acknowledges that Registrar in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:
- if Registrar receives any abuse complaint for the privacy protected domain name, or
- pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or
- for the resolution of disputes concerning the domain name, or
- for any other reason that Registrar in its sole discretion deems appropriate to switch off the Privacy Protection Services.
INDEMNITY
Registrant agrees to release, defend, indemnify and hold harmless Registrar, Service Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, arising out of or related in any way to the Privacy Protection services provided hereunder.
APPENDIX ‘E’
RADIX DOMAIN NAME SPECIFIC CONDITIONS
Should you seek to register a gTLD from Radix FZC (“RO”), including at present .HOST, .PRESS, .SITE, .SPACE, .TECH, .ONLINE, .UNO, .PW, .FUN and .WEBSITE, you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .HOST, .PRESS, .SITE, .SPACE, .TECH, .ONLINE, .UNO, .PW, .FUN and .WEBSITE domain registrations. - Definitions. The following definitions apply to this Section:
- “Personal Data” refers to data about any identified or identifiable natural person
- “Premium Domain Name” refers to a domain name designated by the RO, in its sole discretion for non-standard pricing.
- “Registry Service Provider” refers to the registry service provider designated and contracted with the RO, or its assigns.
- “Registry System” refers to the multiple registrar system operated by RO or its Registry Service Provider for registration of Registered Names in the Included TLD.
- “Standard Domain Name” refers to the most common type of domain name made available by RO at standard pricing on a first-come, first-served basis in any Included TLD.
- You acknowledge and agree that RO reserves the absolute right to deny, cancel, delete or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (2) to correct mistakes made by RO or any registrar in connection with a domain name registration, (3) for the non-payment of fees to RO, (4) to protect the integrity and stability of the Registry System; (5) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (6) to avoid any liability, civil or criminal, on the part of RO , as well as its affiliates, subsidiaries, officers, directors, and employees.
- You agree to comply with all operational standards, procedures, practices and policies for the Included TLD including the Radix Acceptable Use and Anti-Abuse Policy (“AUP”) and all other applicable policies which will be available on the Radix website (www.radixregistry.com), established from time to time by RO in a non-arbitrary manner and applicable to all registrars, including affiliates of RO, and consistent with ICANN’s standards policies, procedures, and practices and RO’s Registry Agreement with ICANN for the Included TLD. Additional or revised RO operational standards, policies, procedures, and practices for the Included TLD shall be effective upon ninety (90) days notice by RO to registrar unless mandated by ICANN with a shorter notice period.
- You agree to be bound by the terms and conditions of the initial launch of the Included TLD, including without limitation the sunrise period and the landrush period, the procedure and process for compliance with ICANN’s rights protection mechanisms including the Trademark Clearing House requirements and any Sunrise Dispute Resolution Policy, and further to acknowledge that RO and/or its service providers have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the landrush period, including, without limitation: (a) the ability or inability of a registrant to obtain a domain name during these periods, and (b) the results of any dispute over a sunrise registration. You further agree that Whois Privacy is not available during the landrush and sunrise periods.
- You agree to comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations.
- You acknowledge and agree that registrants who collect and maintain sensitive health and financial data must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
- You warrant that no domain name registration within any Included TLD shall be used to distribute malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or other similar activity and providing consequences for such activities including suspension of the domain name. You consent to the use, copying, distribution, publication, modification and other processing of Registrant’s Personal Data by RO and its designees and agents, including data escrow requirements as determined and amended by ICANN from time to time.
- You acknowledge and provide explicit approval with regards to RO’s pricing and all fees including but not limited to registration, renewal and transfer of domain names.
- You expressly agree that registration and renewal fees for some domain names in an Included TLD are variable and shall differ from registration and renewal fees for other domain names within that Included TLD. This includes but is not limited to non-standard pricing for Premium Domain Name registration and renewal fees, which differs from the pricing of Standard Domain Names.
- You agree to indemnify, defend and hold harmless RO, RO’s Registry Service Provider and its subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating in any way, for any reason whatsoever, to the Registered Name Holder’s domain name registration, any breach of the Registration Agreement with registrar and any use of the domain name.
- You agree to comply with ICANN standards, policies, procedures, and practices for which RO has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN and operational standards, policies, procedures, and practices for the Included TLD established from time to time by RO in a non-arbitrary manner and applicable to all registrars (“Operational Requirements”), including affiliates of RO, and consistent with RO’s Registry Agreement with ICANN, as applicable, upon RO’s notification to registrar of the establishment of those terms and conditions.
APPENDIX ‘F’
DONUTS DOMAIN NAME SPECIFIC CONDITIONS
Should you seek to register a gTLD from a Donuts Inc. subsidiary registry (“Registry”) including at present .LIVE, , .LIFE, .WORLD, .LTD, .EMAIL, .ROCKS, .TODAY, .SOLUTIONS, .AGENCY, .COMPANY, .GROUP, .NEWS, .GURU, .SERVICES, .STUDIO, and NETWORK, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Donuts Inc. subsidiary registry domain registrations. A non-exhaustive list of Donuts Inc. gTLDs (the “Registry TLDs”) are .LIVE, , .LIFE, .WORLD, .LTD, .EMAIL, .ROCKS, .TODAY, .SOLUTIONS, .AGENCY, .COMPANY, .GROUP, .NEWS, .GURU, .SERVICES, .STUDIO, and NETWORK. - You consent to the published privacy policies of the Registry, available here.
- You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement; (4) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the registration agreement; (6) following an occurrence of any of the prohibited activities; or (7) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
- You acknowledge and agree that domain names are variably priced in the Donuts TLDs (i.e., some are Standard Names and others are Premium Names); click here for more information from the Registry. The non-uniform registration and renewal pricing means that a fee for one Donuts TLD may differ from another Donuts TLD.
- APPENDIX ‘G’
UNIREGISTRY DOMAIN NAME SPECIFIC CONDITIONS
Should you seek to register a gTLD from a Uniregistry registry (“Registry”) including at present .LINK, .CLICK, and .HELP you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Uniregistry registry domain registrations. A non-exhaustive list of Uniregistry gTLDs (the “Registry TLDs”) is: .LINK, .CLICK, and .HELP. - You agree the Registry reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its sole discretion: (1) to correct mistakes made by the Registry or any Registrar in connection with a domain name; (2) for the non-payment of fees by Registrar.
- You agree to comply with all ICANN standards, policies, procedures and practices as may be adopted or amended from time to time.
- You agree to comply with all operational standards, policies, procedures and practices for the Registry as established from time to time.
- You agree to comply with Registry’s Acceptable Use policies and Terms of Service published at the Registry’s website (available here).
- You understand and agree that Registered Names allocated to Register Name Holders during any Registry sunrise period are non-transferrable for the first 10 years after registration.
APPENDIX ‘H’
.TOP DOMAIN NAME (JIANGSU BANGNING SCIENCE & TECHNOLOGY CO., LTD.) SPECIFIC CONDITIONS
Should you seek to register a .TOP TLD from Jiangsu Bangning Science & Technology Co., Ltd. (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .TOP domain registrations. - You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility
- You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLDs established from time to time by the Registry.
- You agree to comply with all Registry policies (available here) and agree that the Registry policies are incorporated into this Registration Agreement
APPENDIX ‘I’
.LT DOMAIN NAME SPECIFIC CONDITIONS
Should you seek to register a .LT you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .LT domain registrations. - You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility
- You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLDs established from time to time by the Registry.
- You agree to comply with all Registry policies (available https://www.domreg.lt/en/information/documents/) and agree that the Registry policies are incorporated into this Registration Agreement.
APPENDIX ‘J’
.BR DOMAIN NAME SPECIFIC CONDITIONS
Should you seek to register a .BR LTD (“Registry TLD) from The Brazilian Network Information Center (“Registry”) you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .BR domain registrations. - You agree to comply with all operational standards, policies, procedures and practices for the Registry.
- You acknowledge and agree that domain names in the Registry TLD are provided “as is”, “with all faults” and “as available.” The Registry, its affiliates and service providers, make no express warranties or guarantees about such domain names.
- You agree to comply with the rules of the CGI.br Resolution 002/2005 and its annex.
APPENDIX ‘K’
.ICU DOMAIN NAME SPECIFIC CONDITIONS
Should you seek to register a .ICU you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .ICU domain registrations. - You agree to comply with all operational standards, policies, procedures and practices for the Registry.
- You agree to comply with all Registry policies (available https://shortdot.bond/terms-and-conditions-for-domain-registration/) and agree that the Registry policies are incorporated into this Registration Agreement.
Hosting Agreement
1. OVERVIEW
This Hosting Agreement (this “Agreement”) is entered into by and between AKS Entertainment entity, the details of which are indicated in the AKS Internet Services’s Terms of Service, (“AKS Internet Services”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of AKS Internet Services’s Hosting services (the “Services”), and represents the entire agreement between you and AKS Internet Services concerning the subject matter hereof.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms Of Service Agreement, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.
The terms “we”, “us” or “our” shall refer to AKS Internet Services. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. DESCRIPTION OF SERVICES
We offer varying plans of Hosting Services:
- Web Hosting: If you purchase Web Hosting, your site is placed within one or more servers and resources are shared between many customers on the same servers; however, your site is given a unique address (DNS).
3. LIMITATIONS; ACCOUNT TERMINATION
Migration of Servers: You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
Termination of Services: You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content.
Free Products Credits: Upon termination of the Services, all free products provided as part of the Services will be cancelled or revoked.
4. YOUR OBLIGATIONS
Abusive Activities: You acknowledge and agree that you may not use our servers and your website 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 we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Agreement. In addition to the General Rules of Conduct listed in our Universal Terms of Service, you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (1) disseminate or transmit any material that, to a reasonable person may be grossly offensive, vulgar or malicious; (2) attempt to mislead any person as to the identity, source or origin of any communication; (3) 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; (4) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement or any of our policies; or (5) use your server as an “open relay” or for similar purposes.
We prohibit the running of a public recursive DNS service on any of our servers. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public DNS services and reserve the right to remove any servers from the network that violate this restriction.
Storage and Security: You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.
AKS Internet Services’s backup service runs once a week and overwrites any of our previous backups. Only two weeks of backups are stored in the remote server. If daily backups are provided in User’s hosting plan, last week’s daily backups will be additionally stored. This service is provided to shared, VPS and reseller accounts as a courtesy and may be modified at any time at AKS Internet Services’s sole discretion. AKS Internet Services is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on AKS Internet Services’s servers. Any cPanel shared hosting account using more than 5GB of disk space will be removed from our off-site weekly backup. To ensure continuous backup generation, User must ensure that his disk space consumption does not exceed 5 GB.
Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use AKS Internet Services Services in any way that shall impair the functioning or operation of it or any equipment used to operate it.
Affiliate Agreement
1. Overview
This Affiliate Program Agreement (“Agreement”) is between AKS Entertainment (“AKS Internet Services”) and the Partner (“You”, “Affiliate Partner”, “Affiliate”). By electronically accepting this Agreement, you acknowledge and agree to its terms. This Agreement, effective upon electronic acceptance, outlines the terms and conditions of your participation in the Affiliate Program (“Services”). Your acceptance of this Agreement also implies acceptance of AKS Internet Services’s Universal Terms Of Service Agreement, incorporated herein by reference. “We,” “us,” or “our” refer to AKS Internet Services, while “you,” “your,” “User,” “customer,” or “Affiliate” refer to any individual or entity accepting this Agreement. This Agreement does not confer third-party rights or benefits. AKS Internet Services reserves the right to change or modify this Agreement, effective upon posting on the AKS Internet Services website. Your continued use of the Services after such changes constitutes acceptance of the revised Agreement.
2. Participation in the Affiliate Program
To enroll in the Affiliate Program, you must submit an application through the affiliate signup form on the AKS Internet Services website. Applications are reviewed within 5 business days, and acceptance is subject to our discretion.
3. Your Responsibilities
As an AKS Internet Services Affiliate, you agree:
- To provide accurate account information and keep it up to date.
- To act in good faith and refer clients in good standing.
- Not to cause revenue loss for AKS Internet Services.
- Not to attract clients not in good standing.
- Not to modify AKS Internet Services’s promotional content without prior approval.
- Not to engage in self-referral methods or blackhat SEO techniques.
- Not to use coupon codes issued to other Affiliates.
- To comply with applicable laws and AKS Internet Services’s Third Party Code of Conduct.
4. Affiliate Advertising
Only approved promotional materials provided by AKS Internet Services may be used to advertise on your site. Inappropriate advertising methods may result in account suspension or termination.
5. Affiliate Tracking Cookies
Affiliate sales are tracked using cookies, stored for up to 30 days. AKS Internet Services is not responsible for intentionally deleted cookies.
6. Affiliate Commissions
Commissions are paid for initial purchases of certain AKS Internet Services plans. We reserve the right to change Commission structure at any time. You may dispute Commission discrepancies within 30 days.
7. Influencers’ Specifics
This Affiliate Agreement does not grant ownership rights. Integration materials must be approved by AKS Internet Services. Integrations must comply with legal regulations and reveal any paid promotion.
8. Invoicing
Commission statements are provided monthly, and payout requests must be submitted by specified deadlines. Minimum payout amounts apply. Wire transfers may take up to 21 days.
9. Relationship of the Parties
Both parties agree they are entering into this Agreement as independent contractors, with no partnership, agency, or employment relationship established.
10. Account Termination
You may cancel your affiliate account at any time. AKS Internet Services may terminate accounts with notice or immediately for violations of the Agreement.
11. Confidential Information
Both parties agree to maintain confidentiality of proprietary information disclosed during the Agreement term and for five years thereafter.
12. Governing Law
Any disputes arising under this Agreement will be resolved according to the jurisdiction where the AKS Internet Services entity servicing your Affiliate account is located.
13. Changes to the Affiliate Program Terms
AKS Internet Services reserves the right to change terms at any time, effective upon posting on its website. Non-agreement with changes permits account cancellation within 10 business days. Only AKS Internet Services officers can amend this Agreement.
Privacy Policy
1. Introduction
AKS Entertainment entity, as detailed in AKS Internet Services’ Terms of Service, (“AKS Internet Services”), offers web hosting, domain name registration, and related products and services. AKS Internet Services prioritizes data privacy for its customers and subscribers (“Subscribers” or “Users”). Protecting the data shared with us is a top priority, and this Privacy Policy outlines how we handle personal information.
2. General Principles; Confidentiality
AKS Internet Services processes all Personal Data according to general data processing principles, ensuring legality, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, and security. All information stored on AKS Internet Services’ platform is treated as strictly confidential, accessible only by authorized personnel.
3. Information We Collect
3.1. Information You Provide to Us
When using the AKS Internet Services Platform, we collect necessary personal information to fulfill contractual obligations and legal requirements. This includes:
- Account Signup Information: Email address and password are required, with additional details requested for domain name registration.
- Login Information: Scopes collected from Google and email from Facebook.
- Identity Verification: Required information to comply with ICANN rules for domain name registration.
- Payment Information: Financial details needed for purchasing services.
- Communications: Information exchanged during inquiries or support requests.
- Job Applicants’ Information: Details provided when applying for career positions.
- Visitors and Users of User’s Websites: Information collected on behalf of our Users.
You may also provide information through forms, searches, updates to your account, surveys, forums, or other features. It’s advised to avoid posting sensitive information publicly. Data processing is based on consent, contractual obligations, legitimate interests, and legal compliance.
Disclaimer and Right to Delete Your Data
Minimum requirements for protecting personal information are outlined, including guidelines for communication content. Users have the right to access, edit, update, or delete contact details and email addresses. Deactivating your account can be done by contacting support.
Information Related to Calls or Meetings You Participate
Conversations with AKS Internet Services may be recorded for quality management purposes, with data collected including email address, date, time, duration, audio/video recordings, and other voluntarily provided information. Recordings are kept for 30 days and then deleted.
3.2. Information We Collect When You Use the Platform
Usage information is collected to improve service functionality, including personal information necessary for contract performance, legal compliance, and enhancing platform features.
This Privacy Policy is in accordance with the Digital Personal Data Protection Act 2023 (INDIA) (“GDPR”). For questions or requests regarding personal data processing, contact support@aksinternet.cloud.
Automatic Collection of Data
Log Data and Device Information
When accessing and using the AKS Internet Services Platform, we automatically collect log data and device information, including IP addresses, browser type, ISP, referring/exit pages, operating system, date/time stamp, and clickstream data.
Tracking Technologies and Cookies
We utilize cookies, beacons, tags, scripts, and similar technologies to collect information such as CI codes, ISC, ITC, device operating system, phone model, device ID, and customer number. For detailed information on these technologies, refer to our Cookies Policy.
Usage Information
Using “Google Analytics,” we collect data on your interactions with the AKS Internet Services Platform, including pages visited, content viewed, searches, bookings, and other actions. This involves Google planting a permanent cookie on your browser to identify you as a unique user on subsequent visits.
Geo-location Data
We collect approximate location data, determined by your IP address, to enhance user experience and comply with legal requirements such as taxes and pricing. This data is only collected when accessing the AKS Internet Services platform.
AKS Internet Services processes this information based on your consent, contractual obligations, and legitimate interests as the Data Controller.
4. How We Use Your Data
We utilize information, including personal data, to provide, understand, improve, and develop the AKS Internet Services Platform, maintain a trusted environment, and comply with legal obligations. Our uses include:
- Identifying Users and providing support
- Creating and maintaining a trusted environment by verifying information and preventing fraud
- Generating aggregated statistical data for business operations and market analysis
- Analyzing data usage to diagnose server problems and optimize services
- Customizing marketing offers based on user interactions
- Sending service and billing messages essential for user communication
- Registering domain names and complying with ICANN rules
- Contacting users for various purposes including troubleshooting, feedback collection, and compliance enforcement
5. Job Applications
Applicants applying for open positions provide their contact details and CV, which we use solely for recruitment purposes. We may retain this information for up to one year after the position is filled, and Applicants can request access, updates, or deletion by contacting us.
6. Information Pertaining to Visitors and Users of Our User’s Websites or Services
We collect, store, and process information related to visitors and users of our Users’ websites or services on behalf of our Users. Our Users are responsible for compliance with relevant privacy and data protection laws, and we act as a data processor in certain cases specified in the Terms of Service.
Users are responsible for the security and authorized usage of visitor and user information on their websites or services. AKS Internet Services has no direct relationship with individual visitors or users of our Users’ websites or services, and any requests regarding personal data should be directed to the respective User(s).
For more information on data processing arrangements, refer to our Terms of Service.
7. Direct Marketing and Service Expiration Notices/Renewal Reminders
Upon creating an Account on our Platform, you have the option to consent or opt-out of receiving various offers, notices, and reminders directly via email, phone (SMS and/or Whatsapp messages), or through your Account. We use the contact details provided by you and your preferences for direct marketing purposes or to send service expiration notices/renewal reminders.
Depending on your preferences, this communication may be personalized using information provided by you or collected from other sources. If you subscribe to service expiration notices/renewal reminders via SMS/WhatsApp, we reserve the right (but not the obligation) to send such notices/reminders for each Service.
Right to Object/Revoke Consent: Users can change their communication preferences (revoke consent or object) at any time by:
- Following the instructions to unsubscribe in received emails or text messages.
- Visiting and adjusting personal account settings (communication preferences).
You can also refuse to receive information from us by emailing support@aksinternet.clould.
8. Other Uses of Your Personal Data
- Developing Platform: We utilize data, including public feedback, for research and development to enhance our platform, providing a better user experience and driving membership growth.
- Customer Support: Data is used to assist users and resolve issues. This includes investigating, responding to, and resolving complaints and bugs.
- Aggregate Insights: Your data is used to generate insights that are aggregated and shared without identifying individuals.
- Security and Investigations: Data, including communications, is used for security, fraud prevention, and investigations to safeguard users and the platform.
9. Sources of Personal Data
We collect personal data from users directly (including their devices) and from the following sources:
- Social network operators (e.g., Facebook, Google).
- Third-party service providers, suppliers, and partners.
- Other legal sources.
10. Retention and Deletion
We retain personal information for as long as necessary to provide services and comply with legal obligations. Upon request, we will erase personal information and close AKS Internet Services Accounts.
Certain data may be retained even after Account deactivation:
- For compliance with legal requirements.
- To protect legitimate business interests, enforce agreements, resolve disputes, or maintain platform security.
- Residual copies of personal information may remain in backup systems for a limited time.
- Domain name registration data is provided as required by ICANN and may remain public.
For more details, please visit https://www.icann.org/registrants.
11. Data Transfers and Use of Third-Party Services
11.1. With Your Consent
We share your Personal Data with external parties only when you consent to it.
11.2. Where Do We Process Your Personal Data?
- Users’ Personal Information: Stored, processed, and maintained by AKS Internet Services and authorized affiliates in various jurisdictions, including the United Kingdom, Netherlands, Lithuania, or Cyprus, as necessary for Service delivery or as required by law.
- Job Applicants Information: Processed and stored in Lithuania or the location(s) of the applied position, and may be stored in secured cloud storage.
- Third-Party Service Providers: Contractually committed to protecting and securing your data, regardless of lesser legal requirements in their jurisdiction.
- Domain Name Registration Data: Shared with third parties in compliance with ICANN rules.
11.3. Data Localization Obligations
If your jurisdiction imposes data localization obligations, we may maintain your Personal Information within those territorial boundaries if legally required.
11.4. Targeting, Advertising
We use advertising tools like Facebook and Google. Read the privacy policies of these providers for more information.
11.5. Social Media Features
Our Services include Social Media Features governed by the policies of respective third parties.
11.6. Legal Obligation to Use or Disclose Personal Data
We may disclose your Personal Data to public authorities without your prior permission when legally required to do so.
11.7. Other
We may share your data pursuant to your explicit consent or legal obligations.
12. Security
We’ve implemented security measures to protect your Personal Information but cannot guarantee absolute protection. Please use strong passwords and avoid sharing sensitive information.
13. Your Rights
You have rights regarding the protection of your Personal Data, subject to GDPR and applicable law. These include access, rectification, data portability, erasure, and objection to processing. Contact us at support@aksinternet.cloud for assistance.
14. Acceptance of This Policy
By using AKS Internet Services, you agree to this Privacy Policy. We reserve the right to change the Policy, with any updates posted on our website.
15. Contacts
For inquiries regarding this Privacy Policy, contact support@aksinternet.cloud.
16. Amendments
Policy changes will be posted on our website, and significant changes may be notified via email.
17. Further Information
For further questions about data collection and usage, contact our Data Protection Officer.
Terms & Condition
OVERVIEW
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between the relevant AKS Entertainment entity indicated below (“AKS INTERNET SERVICE”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance.
Unless otherwise indicated in the specific documents accepted together with this Agreement, the relevant AKS Entertainment entity you are contracting with will be determined under the rules indicated below.
This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site or purchasing Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understood, acknowledged, and agreed to be bound by this Agreement, along with the applicable policies and agreements (including the applicable product agreements), which are incorporated herein by reference.
When your use of the Services requires us to process any personal data or personal information, we will do so in accordance with our Privacy Policy and, if applicable, the Data Processing Addendum (“DPA”), which is incorporated into this Agreement by reference.
The Site and Services are intended for your commercial or professional use. By utilizing them, you acknowledge and agree that your purpose is commercial or professional in nature.
The terms “we”, “us”, or “our” shall refer to AKS INTERNET SERVICE. The terms “you”, “your”, “User”, or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account, or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. AKS Entertainment may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, AKS INTERNET SERVICE may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. AKS INTERNET SERVICE assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services under the laws of India or other applicable jurisdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User”, or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, AKS INTERNET SERVICE finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. AKS INTERNET SERVICE shall not be liable for any loss or damage resulting from AKS INTERNET SERVICE’s reliance on any instruction, notice, document, or communication reasonably believed by AKS INTERNET SERVICE to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, AKS INTERNET SERVICE reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent, and anyone who uses your account or the Services, whether or not authorized by you.
Sanctions
You represent and warrant that you are not ordinarily resident of, and will not use or distribute the AKS INTERNET SERVICE Services in any country or region subject to US comprehensive sanctions (including Cuba, Iran, North Korea, Russia, Syria, and the following regions of Ukraine: Crimea, Donetsk, Luhansk, Zaporizhzhia, and Kherson), or any other sanctioned country by the US, EU, UN, as well as Belarus and Venezuela in line with AKS INTERNET SERVICE’s declared approach. Furthermore, you acknowledge that the list of sanctioned countries and regions is subject to change in accordance with the latest regulations, and you agree to comply with any such changes as they occur. You further confirm that you are not included on any sanctions list (including avoiding circumvention), including, without limitation, the US Specially Designated Nationals and Blocked Persons List maintained by the US, the Consolidated list of persons, groups, and entities subject to EU financial sanctions maintained by the EU, or any other applicable sanctions list maintained by the United Kingdom or other country. You also confirm that you are not owned 50 percent or more, whether directly or indirectly in the aggregate, by any sanctioned individual or entity (“Sanctioned Party”), nor are you otherwise controlled by such a party. Additionally, you agree not to use or distribute the Services, either directly or indirectly, to or for the benefit of any Sanctioned Party.
If there is a change in your status or regulations that results in your inclusion on a sanctions list (maintained by the US, EU, UN, or other country) or if you become owned or controlled by an entity on such a list, you are required to promptly notify AKS Entertainment. You agree to actively participate in sanctions screening processes, including providing all necessary information as requested by AKS INTERNET SERVICE. Your full cooperation is mandatory in any competent authority investigation related to sanctions compliance.
In the event that AKS INTERNET SERVICE becomes aware of your becoming subject to sanctions maintained by the US, EU, UN, or other country, AKS Entertainment reserves the right to terminate your use of its Services immediately and without any notice. Additionally, AKS INTERNET SERVICE retains the discretion to terminate Services if it reasonably suspects that you have links to a Sanctioned Party. Furthermore, you agree to indemnify and hold AKS INTERNET SERVICE harmless against any losses, including but not limited to monetary penalties and legal fees, that may arise due to your non-compliance with the aforementioned sanctions-related confirmations.
ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts: In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to AKS Entertainment that all information you submit when you create your Account is accurate, current, and complete, and that you will keep your Account information accurate, current, and complete. If AKS INTERNET SERVICE has reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, AKS INTERNET SERVICE reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and Payment Method(s) (as defined below). For security purposes, AKS INTERNET SERVICE recommends that you change your password at least once every six (6) months for each Account. You must notify AKS INTERNET SERVICE immediately of any breach of security or unauthorized use of your Account. AKS INTERNET SERVICE will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss AKS INTERNET SERVICE or others incur caused by your Account, whether caused by you, by an authorized person, or by an unauthorized person.
Transfer of Data Abroad: If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
Account Management Access (Account Sharing): The Services allow you to grant access (depending on permissions granted) to your AKS INTERNET SERVICE account to another AKS INTERNET SERVICE customer. You may revoke any person’s ability to access your account at any time. By authorizing any person to access your account, you acknowledge and agree that:
- You have an established and trusted business or personal relationship with such a person;
- You voluntarily authorize such a person to access and make changes to your account;
- Depending on permissions granted, such a person may be able to view personal information that you have provided in your account, including billing information (but excluding full payment method information);
- Such a person will be able to access your account as it is on the day of granting access and also access any future changes thereof (e.g., if access to certain hosting is granted, such a person will be able to access any future add-on domains of such hosting);
- If you separately agree (allow) that such a person would contact Customer Support on your behalf, such a person will be able to contact our Customer Support, receive information, and/or manage services on your behalf using our Customer Support and access your chat history (including any personal and other information contained therein). Note that such a person in any case will not be allowed to perform certain actions, such as viewing or changing your account credentials (like your password), deleting your account, or inviting others to access your account.
You are assuming full legal and financial responsibility (and undertake to fully release AKS INTERNET SERVICE from any related liability) with respect to your decision to grant access to your account to any person or with respect to any actions such person may take or fail to take with respect to your account.
By requesting access to the AKS INTERNET SERVICE account of another customer, an AKS INTERNET SERVICE customer undertakes to use such access solely in the best interest of and as authorized by the customer granting access.
Please note that AKS INTERNET SERVICE is not involved in the actual contract between an AKS INTERNET SERVICE customer granting access and/or requesting/receiving access to an account. Should there be a dispute between the parties, you must address such dispute directly with the individual you are in contract with.
AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time, this Site may be inaccessible or inoperable for any reason, including, but not limited to, equipment malfunctions; periodic maintenance, repairs, or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Services on a continuous or uninterrupted basis and assume no liability to you or any other party with regard thereto.
From time to time, AKS INTERNET SERVICE may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services, or limited preview services shall be known, individually and collectively, as “Beta Services.” If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions:
- You acknowledge and agree that the Beta Services are pre-release versions and may not work properly.
- You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures.
- The Beta Services are provided AS-IS, and we do not recommend using them in production or mission-critical environments.
- AKS INTERNET SERVICE reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time.
- Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases.
- AKS INTERNET SERVICE may limit the availability of customer service support for the Beta Services.
- You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request, you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by AKS INTERNET SERVICE.
- You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential and may not be disclosed to a third party or used for any purpose other than providing feedback to AKS INTERNET SERVICE.
- The Beta Services are provided “as is,” “as available,” and “with all faults.” To the fullest extent permitted by law, AKS INTERNET SERVICE disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with AKS INTERNET SERVICE. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers. All paid support services are non-refundable.
The Services do not support all local languages. If a local language is not supported, then the Service will default to English only. To the extent that the Services are used with a local language (other than English) or in a certain country, there may be limitations to certain features or functionality within the Service or services provided by third parties (e.g., payment methods).
GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- Your use of this Site and the Services, including any content you submit, will be for commercial or professional use, will comply with this Agreement, and all applicable local, state, national, and international laws, rules, and regulations.
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not use this Site or the Services in a manner (as determined by AKS INTERNET SERVICE in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages, or engages in child pornography or the exploitation of children;
- Promotes, encourages, or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Promotes, encourages, or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners, or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware;
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding AKS INTERNET SERVICE or AKS INTERNET SERVICE’s Services.
- You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by AKS INTERNET SERVICE.
- You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
- You will not access AKS INTERNET SERVICE Content (as defined below) or User Content through any technology or means other than through this Site itself, or as AKS INTERNET SERVICE may designate.
- You agree to back-up all of your User Content so that you can access and use it when needed. AKS INTERNET SERVICE does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
- You will not re-sell or provide the Services for a commercial purpose, including any of AKS INTERNET SERVICE’s related technologies, without AKS INTERNET SERVICE’s express prior written consent.
- You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
- You are aware that AKS INTERNET SERVICE may from time to time call you about your account. You will be informed about such recording, purposes thereof, as well as any other information provided to you as required by applicable law. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which AKS INTERNET SERVICE is a party.
- AKS INTERNET SERVICE reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
YOUR USE OF AKS INTERNET SERVICE CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of AKS INTERNET SERVICE Content and User Content posted to AKS INTERNET SERVICE’s corporate websites (i.e., those sites which AKS INTERNET SERVICE directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
AKS INTERNET SERVICE Content: Except for User Content and User Intellectual Property, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features, trademarks, service marks and logos contained therein, artwork, graphics, website templates, themes and widgets, literary work, computer code (including HTML), applications and other media, designs, animations, interfaces, derivatives and versions thereof, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, customized URLs and all copyrightable materials (“AKS INTERNET SERVICE Content”), are owned by or licensed to AKS INTERNET SERVICE in perpetuity, and are subject to copyright, trademark, and/or patent protection in Cyprus and foreign countries, and other intellectual property rights under Cyprus and foreign laws. AKS INTERNET SERVICE Content is provided to you “as is,” “as available,” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of AKS INTERNET SERVICE. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. AKS INTERNET SERVICE reserves all rights not expressly granted in and to the AKS INTERNET SERVICE Content, this Site, and the Services, and this Agreement does not transfer ownership of any of these rights. However, AKS INTERNET SERVICE hereby grants to the User a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the AKS INTERNET SERVICE Content for the purpose of generating and displaying websites created through relevant Services provided by AKS INTERNET SERVICE, solely as expressly permitted under these terms and conditions, and solely within
AKS INTERNET SERVICE’S USE OF USER CONTENT
The provisions in this Section apply specifically to AKS INTERNET SERVICE’s use of User Content posted to AKS INTERNET SERVICE’s corporate websites (i.e., those sites which AKS INTERNET SERVICE directly controls or maintains). These provisions do not transfer any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally: You are solely responsible for any and all of your User Content or User Content submitted through your Account, including the consequences and requirements of distributing it.
With Respect to User Submissions: You acknowledge and agree that:
- Your User Submissions are entirely voluntary.
- Your User Submissions do not establish a confidential relationship or obligate AKS INTERNET SERVICE to treat your User Submissions as confidential or secret.
- AKS INTERNET SERVICE has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
- AKS INTERNET SERVICE may be working on the same or similar content, may already know of such content from other sources, may simply wish to develop this (or similar) content on its own, or may have taken/will take some other action.
- AKS INTERNET SERVICE shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content (Other Than User Submissions):
- If you have a website or other content hosted by AKS INTERNET SERVICE, you retain all of your ownership or licensed rights in User Content.
- By posting or publishing User Content to this Site or through the Services, you authorize AKS INTERNET SERVICE to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant AKS INTERNET SERVICE a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services, and AKS INTERNET SERVICE’s (and AKS INTERNET SERVICE’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.
- You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that AKS INTERNET SERVICE may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.
- Notwithstanding anything to the contrary contained herein, AKS INTERNET SERVICE shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or AKS INTERNET SERVICE’s (or AKS INTERNET SERVICE’s affiliates’) business(es).
MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
AKS INTERNET SERVICE generally does not pre-screen User Content (whether posted to a website hosted by AKS INTERNET SERVICE or posted to this Site). However, AKS INTERNET SERVICE reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. AKS INTERNET SERVICE may remove any item of User Content (whether posted to a website hosted by AKS INTERNET SERVICE or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by AKS INTERNET SERVICE in its sole and absolute discretion), at any time and without prior notice.
AKS INTERNET SERVICE may also terminate a User’s access to this Site, the Services, or the Account (at AKS INTERNET SERVICE’s sole discretion) without notice if: (i) AKS INTERNET SERVICE notices or is informed that the Site or the Services are used in a manner that promotes, encourages, or engages in child pornography, the exploitation of children, or terrorism, or (ii) AKS INTERNET SERVICE has reason to believe the User is a repeat offender. If AKS INTERNET SERVICE terminates your access to this Site, Services, or the Account, AKS INTERNET SERVICE may, in its sole and absolute discretion, remove and destroy any data and files, including back-up copies, stored by you on its servers. Please note that using one Service for illegal activity mentioned herein does not limit AKS INTERNET SERVICE’s right to terminate the User’s Account.
ADDITIONAL RESERVATION OF RIGHTS
AKS INTERNET SERVICE expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify (including access to or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by AKS INTERNET SERVICE in its sole and absolute discretion), including but not limited to the following:
- To correct mistakes made by AKS INTERNET SERVICE in offering or delivering any Services (including any domain name registration).
- To protect the integrity and stability of, and correct mistakes made by, any domain name registry.
- To assist with our fraud and abuse detection and prevention efforts, to prevent activities that threaten the stability of our network and/or servers.
- To comply with court orders against you and/or your domain name or website and applicable local, state, national, and international laws, rules, and regulations.
- To comply with requests of law enforcement, including subpoena requests.
- To comply with any dispute resolution process.
- To defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
- To avoid any civil or criminal liability on the part of AKS INTERNET SERVICE, its officers, directors, employees, and agents, as well as AKS INTERNET SERVICE’s affiliates, including, but not limited to, instances where you have sued or threatened to sue AKS INTERNET SERVICE.
AKS INTERNET SERVICE expressly reserves the right to terminate, without notice to you, any and all Services where, in AKS INTERNET SERVICE’s sole discretion, you are harassing or threatening AKS INTERNET SERVICE and/or any of AKS INTERNET SERVICE’s employees.
AKS INTERNET SERVICE expressly reserves the right to access, edit, and/or in any other way modify your Account and/or Services, including but not limited to, User Submissions and User Content, in order to assist you when you reach out to Customer Service via live chat, email, ticketing system, or any other way described in Customer Service Policy. AKS INTERNET SERVICE shall not be liable for any loss or damage resulting from such actions.
NO SPAM; LIQUIDATED DAMAGES
No Spam. AKS INTERNET SERVICE does not tolerate the transmission of spam and monitors all traffic to and from its web servers for indications of spamming. Customers suspected of using AKS INTERNET SERVICE’s products and services for sending spam will be fully investigated. If spam activity is confirmed, appropriate action will be taken to resolve the situation.
Definition of Spam. Spam includes the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax), which are sent to recipients as advertisements or otherwise, without obtaining prior confirmed consent. This includes, but is not limited to:
- Email Messages
- Newsgroup postings
- Windows system messages
- Pop-up messages (adware or spyware messages)
- Instant messages (using AOL, MSN, Yahoo, or other programs)
- Online chat room advertisements
- Guestbook or Website Forum postings
- Facsimile Solicitations
- Text/SMS Messages
AKS INTERNET SERVICE prohibits the use of its servers and services for these purposes. Users must comply with all applicable laws and regulations and abide by this no spam policy. Commercial advertising and bulk emails or faxes must only be sent to recipients who have opted-in and must include a legitimate return address, reply-to address, the sender’s physical address, and an opt-out method in the footer. Proof of opt-in may be required upon request.
Enforcement. If services are determined to be used in association with spam, AKS INTERNET SERVICE may re-direct, suspend, or cancel any related services until the customer responds. The customer must cease sending spam and/or having spam sent on their behalf. If the abuse continues after services are restored, hosting and email boxes associated with the domain name may be terminated.
Suspected abuse can be reported to abuse@AKS INTERNET SERVICE.com.
Liquidated Damages. AKS INTERNET SERVICE reserves the right to immediately terminate any Account believed to be transmitting or connected with spam or unsolicited bulk email.
TRADEMARK AND/OR COPYRIGHT CLAIMS
AKS INTERNET SERVICE supports the protection of intellectual property. To submit a trademark claim for violation of a valid, registered trademark or service mark, or a copyright claim for material on which you hold a bona fide copyright, please refer to AKS INTERNET SERVICE’s Trademark and/or Copyright Infringement Policy.
LINKS TO THIRD-PARTY WEBSITES
This Site and the Services may contain links to third-party websites not owned or controlled by AKS INTERNET SERVICE. AKS INTERNET SERVICE assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. AKS INTERNET SERVICE does not censor or edit third-party website content. By using this Site or the Services, you release AKS INTERNET SERVICE from any liability arising from your use of any third-party website. AKS INTERNET SERVICE encourages users to review the terms and conditions, privacy policies, and governing documents of any other website they visit.
AUTOMATED CONTENT
Use of AI Tools. AKS INTERNET SERVICE may use artificial intelligence tools (“AI Tools”) to process user content (“Input”) to assist in creating various forms of content, such as text, logos, and business names. Users are responsible for reviewing and ensuring that any output generated by these AI Tools (“Output”) complies with applicable laws and Terms of Services. Users authorize AKS INTERNET SERVICE and third parties providing AI Tools to store and use the Input for machine learning and improvement of these features, as well as to review for abuse or misuse. Sensitive and personal data should not be uploaded as Input.
Responsibility and Liability. The Outputs generated by AI Tools have not been reviewed for accuracy, bias, or intellectual property clearance. AKS INTERNET SERVICE makes no representations, warranties, or guarantees regarding the accuracy, reliability, or potential infringement of third-party intellectual property rights by the Output. Users should review the Output and seek independent legal advice before relying on it. Intellectual property rights to Input and corresponding Output may vary according to applicable laws.
LIMITED WARRANTIES
Disclaimer of Warranties. Users acknowledge and agree that their use of the Site and Services is at their own risk. The Site and Services are provided “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.” AKS INTERNET SERVICE, its officers, directors, employees, agents, and third-party service providers disclaim all warranties, whether statutory, express, or implied, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. AKS INTERNET SERVICE does not make any representations or warranties about the accuracy, completeness, or content of the Site, any linked sites, or the Services.
No Legal or Financial Advice. Information or advice provided by AKS INTERNET SERVICE, including through its customer service representatives, does not constitute legal or financial advice and does not create a warranty of any kind.
Extent of Disclaimer. The disclaimer of representations and warranties applies to the fullest extent permitted by law and survives any termination or expiration of the Agreement or user’s use of the Site or Services.
LIMITATION OF LIABILITY
Limitation of Liability. AKS INTERNET SERVICE, its officers, directors, employees, agents, affiliates, and third-party service providers are not liable for any direct, indirect, incidental, special, punitive, or consequential damages, regardless of whether they have been advised of the possibility of such damages. This limitation includes, but is not limited to, damages resulting from:
- The accuracy, completeness, or content of the Site.
- The accuracy, completeness, or content of any linked sites.
- The Services provided on the Site or linked sites.
- Potential loss of business, revenue, profits, opportunities, personal injury, or property damage.
- Third-party conduct.
- Unauthorized access to or use of servers and stored data.
- Loss of data due to hardware failure, software issues, unauthorized access, or other unforeseen circumstances.
- Interruption or cessation of services.
- Viruses, worms, bugs, Trojan horses, or similar issues transmitted to or from the Site or linked sites.
- User Content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, obscene, or otherwise objectionable.
- Loss or damage of any kind resulting from use of the Site or Services, whether based on warranty, contract, tort, or other legal theories.
Statute of Limitations. Any cause of action related to the Site or Services must be commenced within one year after it accrues, otherwise it is permanently barred.
Aggregate Liability. AKS INTERNET SERVICE’s total aggregate liability will not exceed the amount paid by the user for the Service that gave rise to the damages during the 12-month period prior to the damage occurrence or 1000000 INR, whichever is less. This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of the Agreement or user’s use of the Site or Services.
INDEMNITY
You agree to defend, indemnify, and hold harmless AKS INTERNET SERVICE, its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages, including reasonable attorneys’ fees, arising from:
(i) Your use of and access to the Site or the Services found at this Site. (ii) Your violation of any provision of this Agreement or the policies or agreements incorporated herein. (iii) Your violation of any third-party right, including without limitation any intellectual property or other proprietary right.
These indemnification obligations shall survive any termination or expiration of this Agreement or your use of the Site or the Services found at this Site.
DISCONTINUED SERVICES; END OF LIFE POLICY
AKS INTERNET SERVICE reserves the right to discontinue offering or providing any Services at any time, for any reason, and without prior notice. Although AKS INTERNET SERVICE makes efforts to maximize the lifespan of all its Services, there are occasions when a Service may be discontinued or reach its End-of-Life (“EOL”). If a Service reaches EOL, it will no longer be supported by AKS INTERNET SERVICE in any way, effective on the EOL date.
Notice and Migration: In the event that a Service reaches or will reach EOL, AKS INTERNET SERVICE will attempt to notify you at least thirty days in advance. It is your responsibility to replace the Service by migrating to a new one or entirely ceasing reliance on it before the EOL date. AKS INTERNET SERVICE may offer a comparable Service for migration, a prorated in-store credit, or a prorated refund at its discretion. AKS INTERNET SERVICE may also migrate you to the most up-to-date version of the Service, if available, with or without notice.
No Liability: AKS INTERNET SERVICE will not be liable to you or any third party for any modification, suspension, or discontinuance of any Services.
FEES AND PAYMENTS
By purchasing our Services, you agree to provide correct and full payment information. All prices and fees are non-refundable unless expressly noted otherwise. AKS INTERNET SERVICE reserves the right to change or modify prices and fees at any time, effective immediately upon posting online. Automatic renewal may be enabled for Services, with the payment method on file charged automatically at renewal unless disabled.
Refund Policy: Refunds for eligible products and services must be requested within thirty days of purchase. If a product includes a free domain name and is canceled, the list price of the domain name will be deducted from the refund amount. You may only receive one refund per product.
In summary, by using the Site and its Services, you agree to indemnify AKS INTERNET SERVICE, acknowledge its right to discontinue services, and adhere to its fees and refund policies.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
COMPLIANCE WITH LOCAL LAWS
AKS INTERNET SERVICE makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction. Access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.
TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
AKS Entertainment
135 Choolaimedu High Road
Chennai Tamilnadu 600094
Support number : +917418250055
Email : support@aksinternet.cloud
Domain Registration Time Frame
At AKS Internet Services, we strive to make the domain registration process as seamless and quick as possible. Here’s what you can expect regarding the time frame for domain registration:
1. Search and Selection
- Instantaneous: The domain search and selection process is instantaneous. You can quickly check the availability of your desired domain name using our search tool.
2. Registration Process
- Immediate Confirmation: Once you select an available domain name and complete the payment process, the registration is initiated immediately.
3. Domain Activation
- Within 24 Hours: Most domains are activated within 24 hours of registration. You will receive a confirmation email once your domain is active and ready to use.
4. DNS Propagation
- Up to 48 Hours: After activation, DNS propagation can take up to 48 hours. During this period, your domain might not be accessible from all locations as the DNS information is updated across global servers.
5. ICANN WHOIS Verification:
- WHOIS Requirements: As mandated by ICANN (Internet Corporation for Assigned Names and Numbers), registrants must provide accurate and up-to-date contact information for the WHOIS database, which includes the domain owner’s name, address, email address, phone number, and administrative and technical contact details.
- Verification Process: Upon registration, you will receive an email requesting you to verify your contact information. This verification must be completed within 15 days of the registration. Failure to verify the information within this timeframe may result in the suspension or cancellation of your domain.
- Accuracy and Updates: It is your responsibility to ensure that your WHOIS information remains accurate. You must promptly update any changes to your contact information to avoid any disruptions in your service.
6. Delays
- Exceptional Cases: In rare cases, domain registration might take longer due to issues such as incorrect registration details, payment verification delays, or technical problems. If there are any delays, we will notify you and work to resolve the issue as quickly as possible.
Need Assistance?
If you have any questions or encounter any issues during the domain registration process, please contact our support team at:
Email: support@aksinternet.cloud
Add on Service Price Estimate
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Price Estimate
At AKS Internet Services, a part of AKS Entertainment, we offer a range of digital services tailored to meet your needs. Use our price estimate guide below to get an idea of the costs associated with our various services. For a detailed quote, please contact us directly.
1. Domain Registration
- .com Domain: ₹1800/year
- .net Domain: ₹1800/year
- .org Domain: ₹1800/year
- Other TLDs: Prices vary, please contact us for details
2. Web Hosting Services
- Zero Plan: ₹1800/year
- 1 GB Disk Space
- 5 GB Bandwidth
- 1 Website
- Zero Plus Plan: ₹3800/year
- 5 GB Disk Space
- 10 GB Bandwidth
- 1 Websites
- Zero Premium Plan: ₹4800/year
- 10 GB Disk Space
- 20 GB Bandwidth
- 1 Websites
3. Text to Audiobook Conversion
- Basic Conversion: ₹0.90 per word
- Standard voice options
- Delivery within 7 business days
- Premium Conversion: $12.15 per word
- Premium voice options
- Delivery within 3 business days
- Custom Conversion: Contact us for pricing
- Custom voice options
- Delivery timeframe based on project scope
4. Stream Services
- Basic Streaming Package: ₹3500/event
- Up to 2 hours of streaming
- Standard resolution
- Standard Streaming Package: ₹5500/event
- Up to 4 hours of streaming
- High definition resolution
- Premium Streaming Package: $11500 /event
- Up to 8 hours of streaming
- Ultra high definition resolution
- Includes technical support
5. Custom Services
For custom services or additional requirements not listed above, please contact us for a personalized quote. We are happy to discuss your specific needs and provide a detailed estimate.
Get a Detailed Quote
For a precise quote tailored to your specific needs, please fill out our Price Estimate Request Form. Provide details about the services you require, and one of our representatives will get back to you with a detailed estimate.
Contact Us
If you have any questions or need further assistance, please contact us at:
AKS Internet Services
Email: support@aksinternet.cloud