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Members Login - Privacy Policy

1. Statement
   
   Hosting-Engine has created this privacy statement in order to demonstrate its commitment to customer privacy. The following discloses the information gathering practices employed by Hosting-Engine.
   
   
2. Automatically Logged Information
   
   We use your IP address to help identify you as a unique visitor and to help improve the website's performance for different browser/operating system configurations.
   
   
3. Email Communication
   
   We will not intentionally monitor or disclose any of your e-mail messages unless we believe or we are required to do so:
   - To enforce these Terms and Conditions,
   - By law,
   - To defend our corporation in any action,
   - To protect our property, dignity, and innocence.
   
   Hosting-Engine will not send to its customers any unsolicited information, including e-mails, except as mentioned below. New Customers will receive a welcome e-mail providing the user credentials and explaining the features provided by the service. Hosting-Engine may also send periodic letters to its members in order to announce important service changes, new features, technical issue updates, and news about the Service.
   
   
4. Cookies
   
   Our site uses cookies to identify you each time you visit our site. We also use cookies for website statistics. These statistics consist of browser and operating system types, search engine keywords, referrer IDs, how long a visitor stays on the site, and pages viewed at our site. In no way do these statistics track users after they leave Hosting-Engine.
   
   
5. Advertisers
   
   Your personal information will never be sold or traded for any reason. You agree to respect the privacy and confidentiality of others. Since privacy is a function of your password, we encourage you to change your password frequently and not to share it with anyone.
   
   
6. Registration Forms
   
   Contact information from the registration forms is used to contact the customer when necessary.
   
   
7. External Links
   
   This site contains links to other sites. Hosting-Engine is not responsible for the privacy practices or the content of such Web sites.
   
   
8. Security
   
   This site has security measures in place to protect the loss, misuse, and alteration of the information under our control.
   
   
9. Children Guidelines
   
   We care deeply about children and understand that they have special privacy needs. Therefore, we have adopted the following privacy policy regarding children:
   We will NOT collect, use, or distribute personally identifiable information to third parties without prior verifiable parental consent.
   We will NOT grant children access to unmonitored chat rooms, message boards, email accounts, or other services that could give them the ability to publicly post or otherwise distribute personally identifiable information without prior verifiable parental consent.
   
   
10. News Letter Notification Policy
    
    Customers may opt out of receiving newsletters and/or notices from Hosting-Engine by following a simple procedure available through a link at the bottom of the newsletter email.
    
    Please note, however, that Hosting-Engine reserves the right to send bulletins and other important information regarding our services at our discretion.
    
    
11. Changes to our privacy policy
    
    We at Hosting-Engine reserve the right to change our privacy policy at any time without prior notice.
    

Members Login - Terms of Services - FREE Hosting


PLEASE READ THOROUGHLY THIS DOCUMENT TO AVOID ANY MISUNDERSTANDINGS AND POTENTIAL TERMINATION OF THE SERVICE!

Hosting-Engine shall provide its Services to YOU (Customer, User) under the following Terms of Services (ToS). The ToS are intended to protect both the integrity and liability of Hosting-Engine and the Customer. These ToS will be enforced to ensure the speed, power, performance, and reliability of our services.

YOU MUST understand and agree that the Service is provided on an "AS IS" basis and that Hosting-Engine assumes no responsibility for the timeliness, deletion, failure of the service or inability to store any Customer communications, data or personalization settings.

1. Hosting-Engine HOSTING SERVICES:
   
   
   1. MONTHLY TRAFFIC - The free hosting plan features fixed traffic allotment.
   
   
   2. DOMAINS HOSTED - The free hosting plan offered by Hosting-Engine has a limit on the number of domains that can be hosted. For more information about the different plans refer to our website.
   
   
   3. DISK SPACE:
      
      Each and every Hosting-Engine Customer agrees not to allocate more than 10% of their hosting account space to:
      
      • image and multimedia (.gif, .png, .mpg, .jpg, .3gp) files;
      • archive (.tar, .gzip, .iso, .nrg, .cue, .ccd, .img, .sub, .cue) files;
      • DB dump backup (.sql, .pgsql, .mssql, .mysql) files;
      • .pdf, .psd, .ppt files;
      • any identical file types;
   
   
   4. SERVER RESOURCES UTILIZATION - The Customer MUST understand that his/her account is located on a shared hosting server setup and he/she must not use excessive system resources that might deteriorate the server's performance and degrade the quality of service for other users. EXCESSIVE or MALICIOUS system resource USAGE will result in AN IMMEDIATE ACCOUNT TERMINATION.
   
   
   5. INODES - Every file (a web page, image file, email, etc) on the Customer's account uses up 1 inode. The Customer has an inode limit of 25 000.
   
   
   6. EMAIL
      
      
      1. Since SMTP is ON you are allowed to send 31 e-mails and receive up to 3000 e-mails each month.
      
      
      2. The Customer can have no more than one e-mail account.
      
      
      3. The Customer can send an e-mail to up to 5 recipients at the same time and cannot attach files bigger than 2 MB.
      
      
      4. The E-mail account features a 3000 inode limit, one e-mail filter (SPAM/Autoresponder), one e-mail alias, and a total mail quota of 50 MB.
      
      
      5. The free plan has fixed disk space available at its disposal where 50 MB are the e-mail quota.
   
   
   7. Outgoing Connections are disabled on the free hosting servers for security reasons.
   
   
   8. ACCOUNT(S) - The Customer has the right of having only one free account. This limitation does not apply to paid accounts, i.e. The Customer can have as many paid accounts as he/she needs. Every new free account created by the same Customer will be deleted upon inspection and at our sole discretion unless the Customer contacts a representative of Hosting-Engine.
   
   
   9. The Customer is responsible for building and updating his/her web pages, and regularly backing up all data.
   
   
   10. Hosting-Engine free hosted sites MAY be used as an entry to a non-Hosting-Engine hosted site ONLY if the user is not automatically redirecting to the non-Hosting-Engine hosted site.
   
   
   11. FTP Usage
       
       
       • FTP access is provided for the purposes of uploading content, maintaining content, and downloading content for backup purposes only. It is not to be used for the distribution and backup of files.
       
       
       • FTP usage for web camera purposes is STRICTLY FORBIDDEN.
       
       
       • Free hosting plan users are allowed only one FTP account.
       
       
       • All free accounts have an upload file size limit of 15 MB!
       
       
       • Hosting-Engine reserves the right to revoke or restrict all FTP access and/or remove any website that causes improper or excessive FTP usage.
   
   
   12. SCRIPTING Languages
       
       
       • The usage of PHP/PERL/CGI/etc. and MySQL is STRICTLY FORBIDDEN for the following (but not limited to) actions: running BOTS, IRC servers, online chats, link exchange systems, web crawlers, and conducting attacks against third party systems. Such USAGE will result in AN IMMEDIATE ACCOUNT TERMINATION WITHOUT ANY REFUND even if the Customer has upgraded his/her account from a free to a paid one.
       
       
       • Hosting-Engine reserves the right to revoke or restrict the access to any SCRIPTING Language and/or remove any website or even an account for improper or excessive SCRIPTING Languages utilization.
   
   
   13. The Customer is allowed one MySQL Database with 30 MB of total space. Maximum allowed MySQL queries are 12 000/hour and up to 30 concurrent connections.
   
   
   14. Hotlinking is restricted and forbidden on Hosting-Engine.
   
   
   15. The following file types are not allowed on Hosting-Engine free web hosting - .htacl, .htaclu, .avi, .mov, .mp2, .mp3, .mpeg, .ram, .asf, .quota, .vbs, .shs, .scr, .exe, .cmd, .torrent, .wmv, .wma, .rm, .zip, .rar, .gz, .tgz.
   
   
   16. The following PHP functions are disabled on Hosting-Engine free web hosting due to system/security concerns: allow_url_fopen, fsockopen, pfsockpen, getrusage, get_current_user, set_time_limit, getmyuid, getmypid, dl, leak, listen, chown, chgrp, realpath, link.
   
   
   17. Inactivity Period
       
       
       1. Free accounts will be set to inactive if they haven't received any traffic at all during the last 12 months. If your account is set to inactive, the system will notify you 3 times over 5 days before the account is blocked. After that, you will get 3 additional notifications over 5 days during which time you can contact us in order to reactivate your account or else your account and its data will be permanently deleted.
       
       
       2. If your account has been blocked due to a violation of the Terms of Service, abuse, spam or any other malicious activity, then it will be deleted in 15 days without any notice.


2. NO UNLAWFUL OR PROHIBITED USE
   
   As a condition of your use of the Hosting-Engine Services, YOU will not use the Hosting-Engine Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. YOU must not attempt to gain unauthorized access to any Hosting-Engine Services, other accounts, computer systems or networks connected to any Hosting-Engine Services, through hacking, password mining or by any other means. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Hosting-Engine Services.
   
   Hosting-Engine, in its sole discretion, reserves the right to disclose at any time any piece of information that Hosting-Engine deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove, in whole or in part, any piece of information or material.
   
   Please, report any violations of these Terms of Services to abuse@supportindeed.com


3. THIRD PARTY
   
   Any dealings with third parties (as well as advertisers) facilitated by the Hosting-Engine Services or participating in promotions, delivery and payment of goods and services, and any other terms, conditions, warranties and representations associated with such dealings or promotions are solely between you and the advertiser or the other third party. Hosting-Engine cannot be held responsible or liable for any part of such dealings and promotions.


4. TERMINATION
   
   YOU agree that Hosting-Engine, in its sole discretion, may terminate your password, account (or any part thereof) as well as the use of the Service, and remove and discard any Content within the Service, should you violate these terms.


5. YOUR RESPONSIBILITIES
   
   YOU are solely responsible for the content of your web pages, messages or data you or your sites' users upload on Hosting-Engine servers. Using the Hosting-Engine Services in connection with surveys, contests, pyramid schemes [HYIP], chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
   
   In consideration of your use of the Service, YOU agree to:
   
   
   1. Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form.
   
   
   2. Regularly check and promptly inform us to update your Registration Data in order to keep it true, accurate, current and complete. If YOU provide any information that is untrue, inaccurate, not current or incomplete, or Hosting-Engine has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hosting-Engine has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
   
   
   3. YOU will receive a password and an account designation upon completing the Service registration process. YOU are responsible for maintaining the confidentiality of your account details, and YOU are fully responsible for all activities that are associated with your account. YOU agree to:
      
      
      • immediately notify Hosting-Engine of any unauthorized use of your password, account and/or any other breach of security;
      
      
      • ensure that you exit from your account at the end of each session;
      
      
      • refrain from posting, disclosing, providing, selling or offering to sell your account details provided by Hosting-Engine to any third party;
      
      Hosting-Engine cannot and will not be held liable for any loss or damage arising from your failure to comply with these terms.
   
   
   4. Any Customer in violation of our system or network security and/or enormously overloading/over flooding the servers' resources is subject to criminal and civil liability, as well as an immediate account termination. Examples include, but are not limited to, the following:
      
      
      • Unauthorized access, use, probe, rootkit or scan of systems security or authentication measures, data or traffic;
      
      
      • Interference with service to any user, host or network including, without limitation, e-mail bombing, deliberate flooding attempts to overload a system and broadcast attacks;
      
      
      • Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting;
   
   
   5. The Customer agrees not to publish on or over his/her account any information, software or other content which violates or infringes upon the rights of any other third party or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
   
   
   6. Hosting-Engine does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
      
      
      • Infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy;
      
      
      • Violate any law, statute, ordinance or regulation;
      
      
      • Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
      
      
      • Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party's computer or property;
      
      
      • Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torrent sites or links to Torrent sites;
      
      
      • Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
   
   
   7. YOU acknowledge and agree that based on its sole discretion Hosting-Engine might filter abusive words and/or links due to security reasons (i.e. words or links of PayPal, eBay, AOL, Amazon [not limited to]).
   
   
   8. Use of phishing or mimic sites is strictly prohibited on Hosting-Engine. Any customer suspected of such activity will be terminated WITHOUT any refund and legal actions will be started to the full extent of the law.
   
   
   9. YOU completely agree and understand that by signing up with Hosting-Engine you might receive system notification emails and newsletters.
   
   
   10. YOU acknowledge and agree that Hosting-Engine might change this Terms of Services without notice and you are solely responsible for checking for such changes, follow up and comply with them.


6. SPAMMING IS PROHIBITED
   
   We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
   
   
   • The advertising of your Hosting-Engine hosted site using Unsolicited Email (spam). This is strictly prohibited and your account will be removed immediately if it is involved in any type of spam activity;
   
   
   • The bulk sending of unsolicited messages, or the sending of unsolicited e-mails which result in complaints from recipients;
   
   
   • The sending of junk mail;
   
   
   • The use of distribution lists that include people who have not given explicit permission to be included in such a distribution channels;
   
   
   • The posting commercial of ads to USENET newsgroups that do not permit them;
   
   
   • The posting of articles containing binary encoded data to non-binary newsgroups;
   
   
   • The excessive and repeated posting of off-topic messages to newsgroups;
   
   
   • Excessive and repeated cross-posting;
   
   
   • The e-mail harassment of another Internet Customer/s, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed offensive;
   
   
   • The e-mailing of age-inappropriate communications or content to anyone under the age of 18;


7. UNSUITABLE BEHAVIOR
   
   Any indecent, abusive or insulting treatment towards an employee of Hosting-Engine will be considered inappropriate. Each Customer is expected to conduct himself/herself in a well-behaved manner when communicating with Hosting-Engine employees regarding any requests for help through e-mail, phone, etc. Each Customer should avoid applying any form of a written emotional outburst. All attempts of uncontrolled behavior will be interpreted as a breach of this Agreement.
   Other acts of treatment towards Hosting-Engine employees that will be considered unacceptable include verbal, oral, written or delivered by a second party threats that are addressed to Hosting-Engine or any of its employees, partners, equipment, and concerns. All forms of such threats will be interpreted as a breach of this Agreement. Hosting-Engine reserves the right to restrict or completely stop access to the client's accounts and even to permanently disable the hosting account without issuing a refund if any of the aforementioned rules are violated and if further communication is not possible due to continued bad mannered client behavior!


8. COPYRIGHTS
   
   Copyrighted material must not be placed on any Customer's account without the explicit permission of the owner(s) or the person(s) directly authorized by the owner(s). Only the owner(s) or such authorized person(s) must upload copyrighted material to the account. Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation, we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.


9. MISCELLANEOUS
   
   
   1. Hosting-Engine cannot be held responsible for the content of pages hosted under its service. Hosting-Engine cannot be held liable for any damages or lost profits from copyright infringements or unauthorized content reproduction hosted on the Hosting-Engine platform as a standalone user domain or as a subdomain under the utility domains, including but not limited to the following: onlinewebshop.net, myartsonline.com, mygamesonline.org, mypressonline.com, getenjoyment.net, medianewsonline.com, scienceontheweb.net, mywebcommunity.org, sportsontheweb.net, atwebpages.com. Hosting-Engine does not review pages for content before they are posted and does not verify, endorse, or otherwise take responsibility for the content of any user-created page. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. Users are solely responsible for all files contained in their directory and can be held legally liable for the contents of their website.
   
   
   2. The free hosting plan is 100% ads free and we will never force you to place our ads on your sites.
   
   
   3. Hosting-Engine may terminate any account at any time, without a notice for conduct that it violates these guidelines, or for any other reason. User accounts may be terminated and all client data may be deleted if Hosting-Engine deems it harmful to its business, or any of its users, or partners. Pages found in violation of these items may be a subject to immediate deletion and removal from our servers, and their web masters may be a subject to banishment from the Hosting-Engine network. The following is a non-exhaustive list of contents and behaviors that are UNACCEPTABLE on Hosting-Engine.
      
      
      1. Content that includes links to nudity, pornography, adult content, sex, extreme violence, or foul language.
      
      
      2. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, whether for educational purposes or not.
      
      
      3. Content that has been or is being promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Users who utilize Hosting-Engine resources, including e-mail addresses, for spam, are also s subject to prosecution under the fullest extent of the law.
      
      
      4. Content that commits acts of copyright, trademark, patent, trade secret or any other type of intellectual property infringement.
      5. 
         
      6. Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
      
      
      7. Storage of log files or non-HTML content, or any use of space that circumvents the display of advertising.
      
      
      8. Having password-only, hidden, or restricted access pages (all Web pages must be accessible to the Internet community at large).
      
      
      9. Sites that exploit images of children under 18 years of age.
      
      
      10. Binary files, downloads, etc. that are not linked to an HTML page on the user's site, such that an advertising banner is displayed. Links back to files on a user's Hosting-Engine page from other sites must also link first to an HTML page on Hosting-Engine, which then links to the binary files.
      
      
      11. Content that contains, links to, or participates in pyramid schemes [HYIP], gambling, raffles, lotteries, and so forth.
      
      
      12. Content that posts or discloses personally identifiable information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
      
      
      13. Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others' property, or to harm any person or animal.
      
      
      14. Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual pass working of Member sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.
   
   
   4. Hosting-Engine provides space for hosting Web pages but makes no implied or express warranties about the reliability of this space or related services. Hosting-Engine is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reason. Hosting-Engine makes no guarantees about its server reliability, speed, or consistency, and cannot be held liable for the lack of such.
      
      
      1. Users are responsible for regularly monitoring and creating backups of their own files, and agree to use the Hosting-Engine resources and infrastructure at their own risk. This service is provided on an "as is" basis without warranties of any kind, either expressed or implied. Neither Hosting-Engine nor its partners make any warranty with respect to any content, information, services, or products provided through or in conjunction with this free service.
      
      
      2. Hosting-Engine and its partners make no guarantees with regards to the accuracy, correctness, or completeness of any information on these Web pages and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by Hosting-Engine.
      
      
      3. NO Guarantee of domain registration or successful renewal on free web hosting accounts!
         IMPORTANT NOTICE: The Free web hosting platform is still in Development (Beta mode) and as such there are likely to be some minor defects in the system. Please note that we will do our best to provide you with decent service, however, we CANNOT provide any guarantee whatsoever that we will be able to register or renew your domain successfully if you are hosted on the free web hosting platform, even if you have paid for your domain registration or renewal service.
      
      
      4. Hosting-Engine may also link to or include on its website resources and information provided by 3rd party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services; it is merely provided to assist you in the creation of your website and provide added value to our service.
      
      
      5. Because free accounts and their hosted sites are distributed by Hosting-Engine and powered by Attractsoft GmbH, Attractsoft GmbH reserves the right to include traffic generated by all websites it hosts in its overall accounting of page views, unique users, and other usage measures. This includes providing web traffic measurement companies with all URLs distributed by Hosting-Engine and powered by Attractsoft GmbH for use in their projection of Attractsoft GmbH associated overall traffic.

Members Login - Terms of Services - PAID Hosting

The service that is a subject to the following agreement is distributed by Hosting-Engine and provided by Attractsoft GmbH, registered in Germany, Registration No.: HRB 7963 KI.

YOU (the Client) should be aware that by signing up for an account with Hosting-Engine, YOU absolutely agree to position data on our servers, thus making it accessible to the wide public. Hence the Client accepts that it is beyond the power of Hosting-Engine to restrict such access and guarantee the security of your files. YOU are completely in charge of protecting your data on Hosting-Engine servers, which suggests that you consider carefully each and every piece of information before uploading it to your hosting account on Hosting-Engine servers. Please avoid publishing personal data that could be easily obtained by the wide public and consequently abused online.

By completing the order form and purchasing a hosting plan you agree and understand that this represents your electronic signature of this document.

Hosting-Engine PAID SERVICES:

1. SERVICE AGREEMENT
   
   Hosting-Engine shall provide its Services to YOU [the Client] under these Terms of Service (Agreement). The Agreement is intended to keep the integrity of both Hosting-Engine and the Client and to protect both parties from liability. This Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
   
   By completing the Order Form and any other documents or agreements additionally specified in this Agreement, the Agreement constitutes the whole act of convention between Hosting-Engine and the Client, thus being the most significant document of the established relationship. In case a court of competent jurisdiction considers that any of the Agreement's provisions are invalid, unenforceable, or void, the remaining provisions will completely reserve their validity.
   
   The Client's side of the Agreement could be presented by an individual with personal demands being over 18 years of age or a legal entity such as a corporation, a limited liability company, etc. that is consistent with its state's law system. Moreover, if a person represents the Client for some reason, he/she should be legally authorized to act on his/her behalf, thus accepting, executing and delivering the Agreement.
   
   YOU understand and agree that the Service is provided on an "AS IS" basis and that Hosting-Engine assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Client communication or personalization settings.


2. Hosting-Engine HOSTING SERVICES
   
   
   1. Bandwidth - Each hosting plan includes prepaid and fixed bandwidth.
   
   
   2. Domains Hosted - Hosting-Engine hosting plans include domain hosting. Each hosting plan has a limit on the number of domains that can be hosted. For more information about the different plans refer to our website.
   
   
   3. Free Domain Registration - Free domain names are available ONLY with some annual(1,2 or 3 years) web hosting account subscriptions. Free domain name registration applies to .com, .net, .org, .us, .biz and .info domain names only for the initial year of registration. Each web hosting account can use a maximum of one discounted domain name. Please note that domain name registrations are final and cannot be refunded. In the case of the following upgrades - from FREE plan to PAID plan and from PAID plan to another PAID plan with more features - FREE domain name registration is NOT included.
   
   
   4. Disk Space - Each hosting plan includes prepaid and fixed disk space.
   
   
   5. IP Address/es - Hosting-Engine hosting accounts do not initially include private IP addresses. In case YOU want to buy a shared hosting plan, a shared IP address will be available for your hosting account upon purchase. Please, contact the Sales Department for more details.
   
   
   6. MySQL/PostgreSQL Database/s - All hosting plans include database/s. Please note that FREE hosting plans do not support a PostgreSQL database. Please observe the hosting plan comparison page on our website for further details or contact our Sales Department.
   
   
   7. MySQL/PostgreSQL Database/s Quota - The allocated MySQL/PostgreSQL quota per database depends on the hosting plan. Please observe the plan comparison page on our website for more details or contact our Sales Department.
   
   
   8. SSH - Secured Shell availability depends on the hosting plan. For reference please observe the plan comparison page on our website.
   
   
   9. Zacky Tools Installer - We provide an automated script installer for several popular software applications. That said, we cannot guarantee that all software applications are the latest versions available and are fully compatible with the current PHP and MySQL versions for your account. If you notice any incompatibilities please open a trouble ticket from your control panel -> trouble ticket section.


3. BACKGROUND OPERATIONS/ADD-ON SERVICES
   
   All paid hosting plans of Hosting-Engine include, but are not limited to, the following services:
   CronTab, Zacky Script Installer, and Mailing lists integrated into the hosting Control Panel!
   These services are offered and provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS.
   
   Additionally, Hosting-Engine might offer the following ADD-ONS:
   
   
   1. Site Search Engine Submission - When applicable as a free add-on product, SEO submission should be requested within three months of order placement. Please note that to successfully submit your site, it should be fully functional and finished. Sites under construction, that are not finished, or without index page will be accepted.
   
   Hosting-Engine ADDITIONAL SERVICES - ADD-ONS, FEATURES AND VALUE-ADDED SERVICES OF FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. Hosting-Engine REJECTS ANY IMPLIED WARRANTIES. NONE OF Hosting-Engine'S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY BE HELD RESPONSIBLE AND THUS LIABLE FOR ANY POSSIBLE DAMAGES AS A RESULT OF THE USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY Hosting-Engine, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.


4. SERVICE GUARANTEES
   
   Hosting-Engine guarantees a 99.9% network uptime. This, however, does not apply to problems arising from:
   
   
   1. Server Hardware Breakdown.
      
      
   2. User error(s) or purposeful disruption(s) of the hosting service.
      
      
   3. Failures caused by software that is not explicitly supported by Hosting-Engine. Consequently, if a hardware crash is provoked by a customer, Hosting-Engine is beyond the control and therefore Hosting-Engine cannot be held responsible for the resulting downtime.
   
   Third party monitoring service reports may not be used as proof of downtime due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.


5. ACCOUNT USAGE & HOSTED CONTENT
   
   
   1. Your account content MUST comply with the parameters stated in this Agreement. Web content requirements forbid the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a Hosting-Engine representative regarding any inquiries over this matter.
   
   
   2. If any of Hosting-Engine Services are used for the illegal purpose of SPAM, then those services will be terminated immediately and permanently. If unauthorized access is detected, Hosting-Engine reserves the right to prohibit without notice the use of Hosting-Engine hardware or any software hosted on a Hosting-Engine server for trying to illegally access another hosted machine or network.
      
      You absolutely agree and understand that by breaking this paragraph and generally this agreement your account will be closed without notice and no refund will be issued. A chargeback of the amount will be prosecuted legally by Hosting-Engine legal advisers to the full extent of the law.
   
   
   3. Inactivity period
      
      
      1. During the first three months after your account's expiration date, we will send you weekly notifications regarding your account's status and the available renewal options. Failure in renewing your account during this period will result in the deletion of your account's data.
      
      
      2. If your account has been blocked due to a violation of the Terms of Service, abuse, SPAM, or any other malicious activity, then it's data will be deleted after 15 days without any notice.


6. MONEY BACK GUARANTEE
   
   Hosting-Engine offers a 30-day money-back guarantee. If you are not satisfied with our hosting service within the time frame of 30 days after you purchased the account, you need to contact our Sales Department and you will receive a full refund for your hosting plan. Any domain registrations/transfers (free within a web hosting plan) are final and do not fall under the money-back guarantee and will be a subject to the regular domain price per year.
   
   In the case of a bank wire refund, a fee of 10.00USD is added and the reverse bank wire is sent at the client's expense. To process the reverse bank wire we need you to submit (via a trouble ticket) the following details: Last name, First name or Company name, City, IBAN, and BIC.


7. PAYMENT AND CHARGEBACKS
   
   All customers should abide by the following verification procedure.
   
   
   1. Services are distributed by Hosting-Engine and provided by AttractSoft GmbH. By signing up for these services you agree that you will be charged the respective amount for these services by the respective merchant provider under vendor name AttractSoft GmbH. When signing up for a web hosting service with Hosting-Engine, customers agree to all the specified Terms in this document. Thus, Hosting-Engine will utilize this document as evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he/she accepted them at the time of the order.
   
   
   2. Hosting-Engine will charge the customers fees based on the fee structure at the time of the sign-up process. Hosting-Engine reserves the right to introduce changes to the packages when needed regarding price and a set of features. This means that the current price list may differ from the pricing and features of the customer's account.
   
   
   3. We always aim to keep web hosting, VPS, domain, and SSL services without interruption. Therefore the services we provide will be renewed automatically unless notified prior to the expiration date of the specific service. Domains and SSL renewals are non-refundable as they are provided by third party companies, which have an irreversible order policy.
   
   Chargebacks are not an acceptable way of receiving a refund. Any client who initiates a credit card chargeback on an order will be a subject to collections and legal actions. He/she will be charged 30.00 USD, because when signing up with Hosting-Engine, customers accept these terms and conditions, thus agreeing to observe them strictly.


8. WARRANTIES AND REPRESENTATIONS
   
   Hosting-Engine provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when the customer's hosting with Hosting-Engine experiences service interruption issues.


9. NO UNLAWFUL OR PROHIBITED USE
   
   As a condition of your use of the Hosting-Engine Services, you will not use the Hosting-Engine Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any Hosting-Engine Services, other accounts, computer systems or networks connected to any Hosting-Engine Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Hosting-Engine Services.
   
   Hosting-Engine, in its sole discretion, reserves the right to disclose at any time any piece of information that Hosting-Engine deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove, in whole or in part, any piece of information or material.


10. THIRD PARTY
    
    Any dealings with third parties (as well as advertisers) included within the Hosting-Engine Services or participating in promotions, delivery and payment of goods and services, and any other terms, conditions, warranties and representations associated with such dealings or promotions, are solely between you and the advertiser or the other third party. Hosting-Engine cannot be held responsible or liable for any part of such dealings and promotions.


11. TERMINATION
    
    YOU agree that Hosting-Engine, in its sole discretion, may terminate your password, account (or any part thereof) as well as the use of the Service, and remove and discard any Content within the Service.


12. YOUR RESPONSIBILITIES
    
    YOU are solely responsible for the content of your web pages, messages or data that you or your sites' users upload to Hosting-Engine servers. Using the Hosting-Engine Services in connection with surveys, contests, pyramid schemes [HYIP], gambling, chain letters, junk e-mail, spamming or any duplicative or unsolicited messaging (commercial or otherwise) is strictly prohibited.
    
    In consideration of your use of the Service, YOU agree to:
    
    
    1. Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form
       
       
    2. Regularly check and promptly inform us to update your Registration Data in order to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hosting-Engine has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hosting-Engine has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
       
       
    3. YOU will receive a password and an account designation upon completing the Service registration process. YOU are responsible for maintaining the confidentiality of your account details, and YOU are fully responsible for all activities that are associated with your account. YOU agree to:
       
       
       • immediately notify Hosting-Engine, of any unauthorized use of your password, account and/or any other breach of security;
       
       
       • ensure that you exit from your account at the end of each session;
       
       
       • refrain from posting, disclosing, providing, selling or offering to sell your account details provided by Hosting-Engine to any third parties;
       
       Hosting-Engine cannot and will not be held liable for any loss or damage arising from your failure to comply with these terms and conditions.
    
    
    4. Any Customer in violation of our system or network security and/or enormously overloading/over flooding the servers' resources is subject to criminal and civil liability, as well as an immediate account termination. Examples include, but are not limited to, the following:
       
       
       • Unauthorized access, use, probe, rootkit or scan of a system's security or authentication measures, data or traffic;
       
       
       • Interference with the service of any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system, and broadcast attacks;
       
       
       • Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting;
    
    
    5. The Customer agrees not to publish on or over his/her account any information, software or other content which violates or infringes upon the rights of any third party or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
    
    
    6. Hosting-Engine does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
       
       
       • Infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy;
       
       
       • Violate any law, statute, ordinance or regulation;
       
       
       • Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
       
       
       • Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party's computer or property;
       
       
       • Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torrent sites or links to Torrent sites;
       
       
       • Sites related or directly providing escort services;
       
       
       • Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
    
    
    7. The use of phishing or mimic sites is strictly prohibited on Hosting-Engine. Any user's account suspected in such activity will be terminated WITHOUT a refund and legal actions will be started to the full extent of the law.
    
    
    8. YOU acknowledge and agree that Hosting-Engine might change these Terms of Services without notice and you are solely responsible for checking for such changes, follow up and comply with them.
    
    In conclusion, any client not observing the aforementioned rules is subject to an immediate account termination without a refund!


13. CUSTOMER WEBSITE; CUSTOMER WARRANTIES/GUARANTIES
    
    
    1. When buying a hosting plan with Hosting-Engine, customers agree to be fully responsible for the deployment, development, operation and maintenance of their website, online store and/or e-commerce activities within that space. Each customer is in charge of all the products, services, contents, and materials appearing online, including:
       
       
       • the accuracy and relevance of the Customer's content and material showcased in his/her store or products;
       
       
       • the certainty that the Customer's content and materials appearing on his/her store or products do not violate or infringe upon the rights of any third party;
       
       
       • the certainty that the Customer's content and materials appearing on his/her store or products are not calumnious or somehow illegal. The Customer is the only one in charge of approving, processing, filling customer orders, and taking care of customer requests and complaints. The Customer is the only one in charge of the payment or satisfaction of any and all taxes related to his/her website/s and online store/s.
    
    
    2. The Customer bears the responsibility for ensuring the security and confidentiality of his/her customer's data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her website/s or online store/s.
    
    
    3. Each Customer guarantees to Hosting-Engine that he/she owns or possesses the right to use the Customer Content and the corresponding material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to Hosting-Engine that the use, reproduction, propagation, and transmission of the Customer Content and any information and materials contained inside do not, and will not:
       
       
       • infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party;
       
       
       • break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.
    
    
    4. Each Customer empowers Hosting-Engine to reproduce, copy, use and propagate any and all parts of the Customer content for the purposes of ensuring and maintaining the Services operation. Hosting-Engine is granted the right to assess the extent to which these operations need to be performed.


14. UNSUITABLE BEHAVIOR
    
    Any indecent, abusive or insulting treatment towards a Hosting-Engine employee will be considered inappropriate. Each Customer is expected to conduct in a well-behaved manner when communicating with Hosting-Engine employees regarding any requests for help through e-mail, phone, etc. Each Customer should avoid applying any form of a written emotional outburst. All attempts of uncontrolled behavior will be interpreted as a breach of this Agreement.
    Other acts of treatment towards Hosting-Engine employees that will be considered as unacceptable include verbal, oral, written or delivered by a second party threats that are addressed to Hosting-Engine or any of its employees, partners, equipment, and concerns. All forms of such threats will be interpreted as a breach of this Agreement. Hosting-Engine reserves the right to restrict or completely stop access to the client's account and even to permanently disable the client's Semi-Dedicated account without issuing a refund if any of the aforementioned rules are violated and if further communication is not possible due to continued bad mannered client behavior!


15. SPAMMING IS PROHIBITED
    
    We take a zero tolerance stance against the sending of unsolicited e-mails, bulk emailing, and SPAM. Any user who sends out SPAM will have their account terminated with or without a notice. We will determine, in our sole discretion, whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
    
    
    • Advertising of your Hosting-Engine hosted site using Unsolicited Email (spam). This is strictly prohibited and your account will be removed immediately if it is involved in any type of spam activity;
    
    
    • The bulk sending of unsolicited messages, or the sending of unsolicited e-mails which invoke complaints from the recipients;
    
    
    • The sending of junk mail;
    
    
    • The use of distribution lists that include people who have not given explicit permission to be included in such distribution channels;
    
    
    • The posting of commercial ads to USENET newsgroups that do not permit them;
    
    
    • The posting of articles containing binary encoded data to non-binary newsgroups;
    
    
    • The excessive and repeated posting of off-topic messages to newsgroups;
    
    
    • The excessive and repeated cross-posting;
    
    
    • Excessive email sending/receiving: over 50 emails in 2 minutes; over 150 emails in one hour; over 1000 emails in one day;
    
    
    • The e-mail harassment of another Internet Customer/s, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;
    
    
    • The e-mailing of age-inappropriate communications or content to anyone under the age of 18;
    
    Hosting-Engine reserves the right to require changes or disable as necessary any website, account, database, or another component that does not comply with its established policies or to make any such modifications in an emergency at its sole discretion.
    
    
16. ZACKY TOOLS SOURCES MODIFICATION
    
    Hosting-Engine reserves the right to modify the sources of the applications installed via ZackyTools in order to meet specific company needs. Such needs may be (but not limited to):
    
    
    • Template modification;
    
    
    • Branding modification;
    
    
    • Default incoming/outgoing links modification. Such modifications can be removed and the application reverted to its very default state upon written request (either via a Trouble Ticket or an email message to support@supportindeed.com ).


17. ACCOUNT HDD RESOURCES USAGE
    
    
    1. Each and every Hosting-Engine Customer agrees not to allocate more than 4999MB of their hosting account space to:
       
       
       • image and multimedia (.gif, .png, .avi, .mpg, .jpg, .mp3, .m4v, .3gp) files;
       
       
       • archive (.rar, .zip, .tar, .gzip, .iso, .nrg, .cue, .ccd, .img, .sub, .cue) files;
       
       
       • DB dump backup (.sql, .pgsql, .mssql, .mysql) files;
       
       
       • .exe, .pdf, .psd, .ppt files;
       
       
       • any identical file types.
    
    
    2. Each and every Hosting-Engine Customer agrees not to allocate more than 3000MB of their hosting account space for the storage of emails.
    
    
    3. Each and every Hosting-Engine Customer agrees not to allocate more than 1000MB of their hosting account space for the storage of databases.


18. ACCOUNT DB RESOURCES USAGE
    
    Hosting-Engine provides its Customers a shared hosting service with the ability to use MySQL and PostgreSQL database engines. The very nature of the service requires that database server resources are shared. The number of available databases depends on the package that the Customer has signed up for. The database engines described above should be used by the Customer in a manner that will not affect server performance and no downtime can be caused due to over-usage.
    
    Every web hosting account can use up to 50 000 connections (per single database) per hour and also up to 30 concurrent connections towards a single database.
    
    In case a database is detected to use more than 20% of the shared database server's CPU, Hosting-Engine reserves the right to suspend the account associated with the database without any prior warning.


19. ACCOUNT CPU/RAM RESOURCES USAGE
    
    Hosting-Engine provides its Customers with the ability to use CPU and RAM on a shared principle. The resources described above should be used by the Customer in a manner that will not affect server performance and no downtime can be caused due to over-usage. In case that a process is detected to use more than 20% of the shared CPU/RAM, Hosting-Engine reserves the right to suspend the account associated with the process without any prior warning.


20. INODES RESOURCES USAGE
    
    Every file (web page, image, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared web hosting account may potentially result in a warning first, and if no action is taken, future suspension.


21. DEFINITION OF UNLIMITED DISK SPACE AND TRAFFIC USAGE
    
    Being a web hosting provider, we are greatly committed to helping our clients build their online presence. That is why we impose no limits on the disk space and traffic on plans having these features advertised as "unlimited".
    
    While we want to be sure we are providing a good service to all of our clients, we still require customers to comply with paragraph 17. ACCOUNT HDD RESOURCES USAGE and paragraph 23. TRAFFIC RESOURCE USAGE, which set the norm in Disk Space and Traffic usage for personal and business websites.
    
    The nature of the shared web hosting service we provide may force us to put constraints on specific accounts that are affecting others accounts by abusing the server's resources beyond what is expected to be a normal utilization of Disk Space and Traffic. Normal usage for personal and business websites is considered usage similar to the average resource utilization of our other customers.
    
    An example of abnormal usage might be resource usage of a large corporation compared to a small personal or business website or storing a large number of video, audio or other files that require more resources to support.
    
    With this in mind, we want to stress on the fact that we are providing hosting through a shared environment and each website may impact the performance of other websites. While our hosting platform has a custom architecture designed to endure great loads generated from the shared accounts, occasional disruptions may result in from customer's abnormal activities.
    
    Disruptions are rare because we carefully manage accounts that are over-utilizing the platform's resources. In order to ensure the normal operation of our platform, we reserve the right to suspend web hosting accounts that are degrading its performance. In any case, we notify the owner by e-mail prior or consequential to account suspension and we are doing our best to cooperate with the affected customer to resolve the issue.


22. BACKUPS, DATA LOSS, AND BACKUP LIMIT
    
    Your use of the service is at your sole risk. Our backup service is provided to you only as a courtesy. Our backup service runs each week and we keep backups only from the last three weeks. Hosting-Engine is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Hosting-Engine servers. Any shared account using more than 3GB of disk space will be removed from our off-site backup. Emails are not backed up. All data will continue to be mirrored to a secondary drive (RAID backup) which helps to protect against data loss in the event of a hard drive failure.


23. TRAFFIC RESOURCE USAGE
    
    Hosting-Engine provides a monthly traffic allowance. The allocated traffic allowance depends on the package. In case you pass the allocated monthly traffic, we reserve the right to suspend your account until the next month cycle starts, or until additional traffic allowance is ordered. Unused traffic in one month cannot be carried over to next months.
    
    With regard to the Unlimited data traffic packages on the shared hosting platform, a fair use policy will apply. If you generate more server traffic than is deemed acceptable by Hosting-Engine, to the detriment of other Hosting-Engine customers, Hosting-Engine reserve the right to interrupt the service. Unlimited data transfer applies to your use of web pages only (HTML, PHP, etc.), and not for the storage of movies, pictures, audio files, downloads, etc.
    Hosting-Engine reserves the right to suspend and/or terminate any account that has traffic over-utilization and endangers the normal function of the shared hosting platform.


24. WEB SERVER RESOURCE USAGE
    
    Hosting-Engine provides a shared hosting service. The very nature of the service requires that Web Server resources are shared. Every web hosting account can use up to 40 concurrent (simultaneous) connections originating from one IP (regardless of the domain, subdomain) and also 40 concurrent connections towards a single vHost (domain or subdomain).


25. IP RESOURCE USAGE
    
    Due to depletion of the pool of unallocated IPv4 addresses, Hosting-Engine has to comply with the latest trends and technologies available to continue providing IPs to its customers in a sustainable way. IPs for SSL certificates are provided on a shared basis between multiple hostnames using the Apache SNI module. All SSL certificates we provide work properly with the new SNI technology, which is fully supported by the major modern browsers. However, visitors using older versions of browsers or browsers that do not support SNI might experience warnings about your website's certificate.


26. FEEDBACK
    
    In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Hosting-Engine, the Site or the Services (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalties related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now-known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us unless we have entered into a separate agreement with you that provides otherwise.


27. FORCE MAJEURE CIRCUMSTANCES
    
    Hosting-Engine will not be held responsible in case of a failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be caused by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of a third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for the provisioning of the Services.
    
    This agreement constitutes and represents the whole act of convention between the parties in regard to the agreement signed between them. It is not subject to any amendments, changes or modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the parties to be charged.


28. COPYRIGHTS
    
    Copyrighted material must not be placed on any Customer's account without the explicit permission of the owner(s) or the person(s) directly authorized by the owner(s). Only the owner(s) or such authorized person(s) may upload copyrighted material to the account.
    
    Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation, we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.


29. MISCELLANEOUS
    
    Hosting-Engine cannot be held responsible for the content of pages hosted under its service. Hosting-Engine cannot be held liable for any damages or lost profits from copyright infringements or unauthorized content reproduction hosted on the Hosting-Engine platform as a standalone user domain or as a subdomain under our utility domains, including but not limited to the following: onlinewebshop.net, myartsonline.com, mygamesonline.org, mypressonline.com, getenjoyment.net, medianewsonline.com, scienceontheweb.net, mywebcommunity.org, sportsontheweb.net, atwebpages.com. Hosting-Engine does not review pages for content before they are posted and does not verify, endorse or otherwise take responsibility for the contents of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. YOU are solely responsible for all files contained in their own directory and can be held legally liable for the contents of their website.

Members Login - Domain Names Registration Policy

THIS AGREEMENT HAS A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES.

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the domain name registration functionality and related services ("Services"). In this Agreement "you" and "your" refer to you and the registrant listed in the WHOIS contact information for the domain name. "We", "us" and "our" refer to the registrars listed at the bottom of this document, any one of which will be the registrar for your domain name and all of which share common ownership, common terms and conditions, and a shared Services infrastructure. To determine which registrar your domain name is registered with, you can perform a WHOIS lookup at http://www.uwhois.com. You obtain the Services through your primary service provider, with whom we have a wholesale relationship (your "Primary Service Provider"). Your relationship with your Primary Service Provider may be governed by additional terms, as you and your Primary Service Provider may agree. "We," "us" and "our" does not include your Primary Service Provider, except when specifically mentioned or unless your Primary Service Provider is one of us (i.e. if your Primary Service Provider is also one of the registrars listed at the bottom of this document).

1. YOUR AGREEMENT: By using the Services, you agree to all terms and conditions of this Agreement, the UDRP (defined below), the URS (defined below), and any rules, policies, or agreements published in association with specific Services and/or which may be adopted or enforced by the Internet Corporation for Assigned Names and Numbers ("ICANN"), any registry, or governments.


2. CHANGES TO THIS AGREEMENT: This Agreement may change over time, either through amendments by us, changes to ICANN policy or applicable law which may or may not be reflected in the text of this Agreement. Before any material changes to this Agreement become binding (other than changes resulting from a change in ICANN policy or applicable law), we or Your Primary Service Provider will notify you of such changes by, for example, sending an email to you at your email address of record. If, as a result of such a change, you no longer agree with the terms of this Agreement, your exclusive remedies are (a) to transfer your domain name registration services to another registrar, or (b) to cancel your Services, including domain name registration services, with us. Your continued use of the Services following notification of a change in this Agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds you: (1) thirty (30) days after we or Your Primary Service Provider notify you of the change, or (2) immediately if the change is the result of a new or amended ICANN policy or applicable law.


3. REGISTRANT RIGHTS AND RESPONSIBILITIES: ICANN has developed, in conjunction with registrars, a webpage that identifies important registrant rights and responsibilities. The document provides a "plain language" summary of the terms related to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA), for posting on registrar websites. While some of the terms included do not specifically refer to registrants, those terms are included because of the potential import to understanding registrar/registrant relations. The document also summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the RAA. The summarization of terms within this document does not override or replace the terms set forth in the RAA or within those specifications or policy. Please review these important Registrant Rights and Responsibilities.


4. YOUR ACCOUNT: You must create an account to use the Services ("Account"). Your Account is typically managed and/or provided by your Primary Service Provider. You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of your Account by you or any third party.
   
   
   1. ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
      
      
      1. You must provide current, complete and accurate information about you with respect to your Account as well as the WHOIS information for your domain name(s). In the event that the provided information becomes outdated, you must update it within seven days in order to keep it current, complete and accurate. You must submit the following with respect to your personal information as well as the administrative, technical, and billing contacts for your domain name registration(s) and other Services: name, postal address, e-mail address, voice telephone number, and where available, fax number. The type of information you are required to provide may change and you must provide such information and keep your Account information current. Not providing the requested information may prevent you from obtaining all Services.
      
      
      2. You may provide information regarding the nameservers assigned to your domain name(s) and, if we are providing nameserver services to you, the DNS settings for the domain name. If you do not provide complete nameserver information, or if you purchase "Name Only" Services, we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the nameserver information or until such time as you elect to upgrade from "Name Only" Services.
   
   
   2. OBLIGATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION:
      
      
      1. If in obtaining Services, you provide information about or on behalf of a third party, you represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) obtained the third party's express written consent to the disclosure and use of that party's information as set forth in this Agreement.
      
      
      2. You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful or abusive purpose, including but not limited to the infringement of any intellectual property rights or other rights; the distribution of malware; the abusive operation of botnets; phishing; fraudulent or deceptive practices; the unauthorized transfer of any domain name or Services to yourself or any other party; counterfeiting; or any other activity in violation of any laws, rules, or regulations (the "Illegal Uses"). Providing inaccurate or unreliable information, failing to update information within seven (7) days of any change, engaging in any Illegal Uses, or failing to respond for over fifteen (15) days to inquiries by us concerning the accuracy of Account and WHOIS contact information will constitute an unamenable material breach of this Agreement and be a basis for suspension and/or cancellation of the Services.
      
      
      3. You are responsible for regularly monitoring emails sent to the email address in your Account. You may lose your rights to the domain name(s) or your right to receive the Services if you do not respond appropriately and timely to an email sent in conjunction therewith.
   
   
   3. ACCESSING YOUR ACCOUNT:
      
      
      1. In order to change any of your Account or domain name WHOIS information, you must access your Account with your Primary Service Provider or your Account with us. It is your duty to safeguard your Account login identifier and password from any unauthorized use. Any person in possession of your Account login identifier and password will have both the ability and your authorization to modify your Account and domain name information, initiate transfers of your domain name(s) to other registrars, initiate registrant changes to your domain names which may terminate your rights to use such domain name(s), perform DNS changes to your domain name(s) which may result in changes to the content associated with your domain name(s) and take other actions which may affect or terminate your rights and access to your domain name(s) and/or the Services.
      
      
      2. We will take reasonable precautions to protect the information you provide to us from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information. Such reasonable precautions include procedures for releasing Account access information to parties who claim to have lost Account access information. If we take reasonable precautions in relation thereto, IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND IN PARAGRAPH 13 BELOW IN THIS AGREEMENT.
      
      
      3. If you contact us alleging that a third party has unauthorized access to your Account or domain names, we may charge you administrative fees, currently set at 50 (fifty) USD per hour, for our time spent in relation to the matter, regardless of whether or not we return control over the Account and/or domain name(s) to you. You will indemnify us for any reasonable attorneys' fees and costs we may incur in relation to the matter, even if those fees and costs accrue as a result of defending an action or responding to a threat of an action, initiated by you or a third party.
   
   
   4. SHARING OF WHOIS INFORMATION:
      
      
      1. The domain name registration information that you provide or that we otherwise maintain will be made available to the following parties: ICANN, any ICANN-authorized escrow service, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. We may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws, including by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us.
      
      
      2. ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.


5. OUR SERVICES:
   
   
   1. DOMAIN NAME REGISTRATION.
      
      
      1. We are accredited registrars with ICANN for generic top-level domain names ("gTLDs") (such as .com, .net, .org, etc.). ICANN oversees registrations and other aspects of the gTLDs. We also are registrars for a variety of country code top-level domain names ("ccTLDs") (such as .co.uk, .de, etc.). For a partial list of registry administrators and for more information on gTLDs, see http://www.icann.org/tlds/.Domain name registrations are not effective until the registry administrator puts them into effect. Domain name registrations are only for limited terms which end on the expiration date. For domain names which are created as a new registration out of the pool of available domain names, the term begins on the date the domain name registration is acknowledged by the applicable registry. For domain name registrations which were not returned to the pool of available domain names, the term begins on the date the previous registration ends.
         
         .US domain requirements (NEXUS)
         
         There are additional contact attributes required:
         1. Nexus Category.
         2. Nexus Country.
         3. Application Purpose.
         
         
         .CA domain requirements
         
         There are additional contact attributes required:
         1. Legal type.
         2. Registrant of the domain (individual or company name).
         3. Optional description of Registrant.
         4. Trademark number.
         5. Registered location of Organization.
         
         
         .DE domain requirements
         
         Should you seek to register a .DE second level domain name you, the registrant, must also agree to the requirements of the .DE registration terms and conditions in German (an English translation is available for the convenience of English speakers, but the terms as they are found in the original German agreement are the actual authoritative and legally binding documentation).
         
         You should be aware that the terms to register a second level domain in the .DE namespace are not strictly and finally documented. For example, fees for a second level domain registration in the .DE namespace are charged on a monthly basis. Registrars, however, may provide fee payment services which would allow you to pre-pay for longer time periods. If you pre-pay for a longer period of time, you will not be given a refund by this registrar if you decide to cancel your registration prior to the end of your pre-paid period. Also, a second level domain registration in the .DE namespace is for life, though you may cancel your registration by providing one month's notice to DENIC. If you do not cancel your registration with DENIC and you stop paying the required registration fees to this registrar, then this registrar will stop making payments to DENIC on your behalf; in this case, DENIC may attempt to bill you directly (and not through this registrar). After a certain period of non-payment, DENIC may then terminate your domain name registration, though it is not clear whether you would also be released from the obligation to pay the registration fees incurred prior to the termination by DENIC. If you stop paying the required registration fees, this registrar may, but is not required to, terminate your .DE domain name registration on your behalf. It is not clear whether these terms are spelled out for prospective .DE registrants, so you are encouraged to perform your own due diligence to your own satisfaction before making the decision to register a second level domain registration in the .DE namespace.
         
         
         .UK domain requirements
         
         There are additional contact attributes required:
         1. Legal type of the registrant should be specified. The Registrant should be a UK resident with a valid UK address.
         2. Company identification number (required for Legal Types).
         3. Name of the Registrant / Company (BE CAREFUL, this cannot be changed easily).
         
         
         .CO.UK domain requirements
         
         There are additional contact attributes required:
         1. Legal type.
         2. Company identification number (required for Legal Types).
         3. Name of the Registrant / Company (BE CAREFUL, this information cannot be changed easily).
         
         
         .ORG.UK domain requirements
         
         There are additional contact attributes required:
         1. Legal type.
         2. Company identification number (required for Legal Types).
         3. Name of the Registrant / Company (BE CAREFUL, this cannot be changed easily).
         
         
         .EU domain requirements
         
         To register a .EU domain name, you must meet one of the following requirements:
         1. Undertakings having their registered office, central administration or principal place of business within the European community.
         2. Organizations established within the European Community without prejudice to the application of national law.
         3. Natural persons residing within the European Community.
         
         
         .ASIA domain requirements
         
         Anyone (person or entity) can be a registrant of .ASIA domains. In order to satisfy the .ASIA Charter Eligibility Requirement: one of the associated contacts for the domain (registrant, administrative, technical or billing contact) must be a legal entity in Asia. A legal entity may be a natural person of a juristic entity such as a corporation.
         
         There are additional contact attributes required:
         1. Locality of establishment.
         2. Type of Entity.
         3. Form of Identity.
         4. Form of Identity ID Number/Code of Reference.
         
         Your domain will become live once it has been provided to you by the registry. You may have to submit more documentary evidence or participate in an auction before you are provided the domain.
         
         
         .JP domain requirements
         
         Any individual, group, or organization that has a permanent postal address in Japan may apply for a 2nd level, General-use JP Domain Name (DOMAIN.JP).
         
         
         NO Guarantee of domain registration or successful renewal on free web hosting accounts
         IMPORTANT NOTICE: The Free web hosting platform is still in Development (Beta mode) and as such there are likely to be some minor defects in the system. Please note that we will do our best to provide you with decent service, however, we can NOT provide any guarantee whatsoever that we will be able to register or renew your domain successfully if you are hosted on the free web hosting platform, even if you have paid for your domain registration or renewal service.
         
         Domain Renewal Notifications and Orders
         
         Our system sends e-mail notifications 30, 15, 10, 5, 4, 3, 2, 1 days prior to the domain's expiration date. You are invited to renew your domain on time and if any TLD-specific renewal rules are applied, we include them in these e-mails.
         
         We strongly recommend that you renew your domain a minimum of 48 hours prior to its expiration date. It is very important to understand that once you submit the order, it is being processed by the payment gateway, verified by our sales representatives and finally the system is sending your domain for renewal to our partnering domain registrar. This process takes time and we encourage you to be proactive and submit your renewal order early so you are sure that the payment and renewal process will be handled on time.
         
         TLDs Details
         
         

         TLD	Registration	Additional details with registration	Transfer	EPP Key	Registrar Lock	Whois Protect	Renewal	Grace Period
         .com	1-10 years	No	Yes	Yes	Yes	Yes		5 days
         .net	1-10 years	No	Yes	Yes	Yes	Yes		5 days
         .org	1-10 years	No	Yes	Yes	Yes	Yes		5 days
         .info	1-10 years	No	Yes	Yes	Yes	Yes		5 days
         .biz	1-10 years	No	Yes	Yes	Yes	Yes		5 days
         .us	1-10 years	Yes	Yes	Yes	Yes	No		5 days
         .uk	1-10 years	Yes	Yes	IPS tag	No	No		-
         .co.uk	1-10 years	Yes	Yes	IPS tag	No	No		-
         .org.uk	1-10 years	Yes	Yes	IPS tag	No	No		-
         .eu	1-10 years	Yes	Yes	Yes	No	No	Auto-renew	-
         .de	1-10 years	Yes	Yes	Yes	No	No	Auto-renew	-
         .ca	1-10 years	Yes	Yes	Yes	Yes	No		-
         .tv	1-10 years	No	Yes	Yes	Yes	Yes		5 days
         .me	1-10 years	No	Yes	Yes	Yes	Yes		2 days
         .be	1 year	Yes	No	No	No	No	Auto-renew	-
         .asia	1-10 years	Yes	No	Yes	Yes	No		5 days
         .jp	1 year	Yes	No	Yes	No	No	Auto-renew	-
         .mobi	1-10 years	No	Yes	Yes	Yes	No		5 days
         .cc	1-10 years	No	Yes	Yes	Yes	Yes		-
         .cn	1-10 years	No	Yes	Yes	No	No		-
         .tw	1-10 years	No	Yes	Yes	No	No		5 days
         .co	1-5 years	No	Yes	Yes	Yes	No		-
         .in	1-10 years	No	Yes	Yes	Yes	No		-
         .cm	1-5 years	No	No	Yes	Yes	Yes		-

         
         Transfers without EPP Key
         
         .co.uk, .org.uk, .uk
         If you initiate the transfer with eNom first, you must submit the request to the losing registrar within one week. If initiating the request to the losing registrar first, you must initiate your transfer with eNom by either the 8th of the current month or the 8th of the following month, whichever is closest to the current date. Request Retag from the losing registrar.
         
         
         
         Transfer details
         
         45 days rule
         The 45-days transfer rule says: Due to a registry restriction (not eNom or any other registrar, but the global registry) if a domain is renewed and then transferred to another registrar within the first 45 days since the renewal, the domain will not have an additional year added to the expiration date.
         
         .org 60 days restriction
         Due to a registry restriction (Public Interest Registry; http://www.pir.org), .org domains have a 60-day transfer restriction. If a .org domain has been transferred between registrars, the Public Interest Registry does not allow a transfer of the domain for 60 days since the date the transfer was complete.
         
         .co.uk, .org.uk, .uk 3 months rule
         For .co.uk, .org.uk, .uk successful transfers where the domain name has more than 3 months remaining to expiration, the domain is not renewed for two years but just transferred. If the domain is due to be renewed in 3 months or less, the domain will be renewed for 2 years.
         
         .co transfer rules
         - Transfers of .CO domains are not permitted within the first 60 days of registration.
         - Transfers of .CO domains are not permitted within 60 days of a previous transfer.
         - Successful transfers will result in a one-year domain name renewal.
         
         Renewal details
         Auto-renew=ON
         Certain domain names, like .EU, .DE, .BE and .JP can only be renewed via the auto-renew process.  Therefore, the auto-renew should be set to 'ON' with our registrar, if you would like these domains to be renewed at all.
         
         This means, you have to pay/renew your domain in the last 30 days before its expiration date, which will set the auto-renew status to "ON" for your domain so that the registry can process the domain renewal.
         
         We need to stress that any .EU, .DE, .BE and .JP domains which are not renewed prior the expiration date, then there is a chance you will not be able to get the domain back.
         
         up to 10 years maximum renewal
         Domain names can be registered for a maximum of 10 years. If your domain has not yet expired, you will be able to renew it for 9 years at the most.
         
         Registration details
         
         .ca approval email
         When .CA domains are initially registered, CIRA sends an approval email to the registrant email contact.  The domain registration is not complete until the registrant approves it via this email. While in this "pending-approval" status, the domain will not resolve or otherwise function.  The domain will appear within your account, but you will not be able to fully manage it, especially at the registry level, until approved. The registrant has 7 days to approve the registration, otherwise, the registration is terminated.  If the registrant needs this approval email re-sent, please open a support ticket.
         
         Whois details
         
         .ca
         The registry will no longer display the name, address, phone, fax or email address for Individual registrants.  It will remain as is for Non-Individual.
         
         Change domain's whois details from the DCP(Domain Control Panel)
         

         TLD	Registrant Contacts	Admin Contacts	Billing Contacts	Technical Contacts
         .com	Yes	Yes	Yes	No
         .net	Yes	Yes	Yes	No
         .org	Yes	Yes	Yes	No
         .info	Yes	Yes	Yes	No
         .biz	Yes	Yes	Yes	No
         .us	Yes	Yes	Yes	No
         .uk	No	No	No	No
         .co.uk	No	No	No	No
         .org.uk	No	No	No	No
         .eu	No	No	No	No
         .de	No	No	No	No
         .ca	No	No	No	No
         .tv	Yes	Yes	Yes	No
         .me	Yes	Yes	Yes	No
         .be	No	No	No	No
         .asia	No	No	No	No
         .jp	No	No	No	No
         .mobi	Yes	Yes	Yes	No
         .cc	Yes	Yes	Yes	No
         .cn	Yes	Yes	Yes	No
         .tw	Yes	Yes	Yes	No
         .co	Yes	Yes	Yes	No
         .in	Yes	Yes	Yes	No
         .cm	Yes	Yes	Yes	No

Members Login - Refund Policy

At Hosting-Engine we take great value in delighting our customers. Below you can read our Refund Policy.

1. Web Hosting Accounts
   
   All newly registered accounts, as well as upgrades from free to paid accounts, are subject to 30 days money-back guarantee. This is applicable only for annual web hosting accounts(1,2,3,4,5 years). In case you become dissatisfied with our services at any point within the first 30 days, you will receive a 100% refund for the hosting account.
   
   In the case of web hosting renewals (after one or more billing cycles), the account is not subject to the 30 days money-back guarantee, hence the rule for the first 30 days does not apply.
   


2. Domain Names
   
   Domain name sales are final and non-refundable. At the time of purchase, you are the sole owner of the domain(s) purchased through our service. In case you decide to leave our hosting service at the end of your billing cycle or take advantage of the 30 days money-back guarantee, domain names are transferable to another provider.
   
   Changes to registered domain names i.e. incorrect spelling, cannot be made once the domain has been purchased. Please explicitly verify the spelling of your domain name before purchase.
   


3. Free Domain Names
   
   In case you get a free domain name within a web hosting package purchased, and you decide to take advantage of the 30 days money-back guarantee, you absolutely agree and understand that domain name registrations are non-refundable. Therefore, upon requesting a refund based on 30 days money-back guarantee, you agree that the amount of 19.95USD will be held for the domain name registration before a refund for the hosting account is issued.
   


4. VPS and Semi-Dedicated Hosting
   
   The one-month subscriptions for the Semi-Dedicated and the VPS Hosting services do not fall in the 30 days money back guarantee. Refunds for 1-month subscriptions for those services can be requested only 5 days after the initial order if the services have been granted. After the 5th day from granting the services, customers can request services cancellation, but a refund will not be issued.
   


5. Chargebacks
   
   Chargebacks are not accepted as a way of refunding. Any client who initiates a credit card chargeback of an order will be a subject to collections and legal actions. He/she will be charged starting from 20.00USD and up to 50.00USD for a higher amount, because when signing up with Hosting-Engine, customers accept these terms and conditions, thus agreeing to observe them strictly.

Members Login - Provisioning and Invoicing

1. Processing Payment Orders
   
   Upon the successful processing of your payment details, you will be informed about the order status and its reference number, both on our thank-you page and via e-mail (the e-mail address you have provided during the registration process). The thank-you page and the thank-you e-mail message include instructions about your order approval and activation.


2. Sales Receipt
   
   Upon the successful processing of your payment details, you will also receive a sales receipt via e-mail (the e-mail address you have provided during the registration process) containing information about the charges made and the items ordered.


3. Order Review & Approval
   
   A sales representative will review your order and approve it unless further confirmation is needed (e.g. confirmation over the phone). Please note that the account features won't be activated before the order is approved! However, you can log in and check the status of your account.
   
   If you have any concerns or questions regarding your purchase, you can use the integrated trouble ticketing system in your Hosting Control Panel, our sales email sales@supportindeed.com or you can call our
   USA Sales Phone Line: +1 (347) 223 5853 (8:30 AM - 16:30 PM EST)
   UK Sales Phone Line: +44 20 8 1234 790 (7:30 AM - 5:30 PM GMT)
   DE Sales Phone Line: +49-431-5568-3602 (8:30 AM - 16:30 PM EST)


4. Delivery Policy
   
   Upon receipt of your order, the services will be performed to you in accordance with the terms applicable to the services that you have purchased. The nature of the services that you have purchased and the date of your purchase may impact the timing of performance of the services. The services will be deemed to be successfully delivered to you upon the performance of the services.


5. Invoicing
   
   Once your account is active and your order is approved, you can send us an invoice request from the Hosting Control Panel.


6. Restrictions
   
   Promotions, discounts, and coupon codes are limited to 1 (one) time per customer.
   
   The services provided by Hosting-Engine are not available to residents and nationals of the following countries: Afghanistan, Algeria, Cambodia, Ghana, Lao People's Democratic Republic, Iran, Iraq, Kenya, Malawi, Malaysia, Maldives, Mongolia, Morocco, Oman, Pakistan, Palestinian Territories, Syria, Taiwan, Tanzania, Togo, Uganda, Vietnam.
   
   Promotions, discounts, and coupon codes are not available to residents and nationals of the following countries: Bangladesh, Brazil, Cameroon, China, Egypt, France, Hong Kong, India, Indonesia, Nepal, Nigeria, Philippines, Singapore, Sri Lanka, Thailand, Zimbabwe.

Members Login - Domain Privacy Protection Agreement

Please read this domain privacy protection agreement ("Agreement") carefully. By using the domain privacy protection services ("Services"), you agree to all the terms and conditions of this agreement. You agree that the "service providers" (defined below) may amend this agreement. You agree that all new, different or additional features that change services will automatically be subject to this agreement. You agree that service providers may change this domain privacy protection agreement without further notice. If you do not agree to be bound by this agreement and any subsequent amendments hereto, do not use, access, or continue to use the services.

This Agreement is by and between WHOIS Privacy Protection, Inc., a Nevada corporation ("Backend Service Provider"), and Hosting-Engine who makes the Services available to you ("Primary Service Provider;" Backend Service Provider and Primary Service Provider, being together referred to herein as the "Service Providers"). This Agreement sets forth the terms and conditions of Your relationship with the Service Providers and Your use of the Services. You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement for transactions entered into by: (i) You on Your behalf; (ii) anyone acting as Your agent;. You agree that You will be bound by representations made by third parties You use to obtain the Services. You further agree to abide by the terms and conditions promulgated by the Internet Corporation for Assigned Names and Numbers ("ICANN"), including the Uniform Domain Name Dispute Resolution Policy ("Dispute Resolution Policy," http://www.icann.org/dndr/udrp/policy.htm) any policy which ICANN may establish with respect to WHOIS information, and the terms and conditions of the Domain Names Terms of Services to which you agree by registering or renewing domain(s) with Hosting-Engine.

1. The Domain Privacy Protection Services
   
   If you subscribe to the Domain Privacy Protection Services, each domain name registration which you control and which You designate such service will thereafter be registered in the name of the Backend Service Provider, as the registrant. Your name, postal address, email address, phone and fax numbers shall be kept confidential, subject to Section 5 of this Agreement. The following information (and not your personal information) will be made publicly available in the "WHOIS" directory for each Privacy Protected Domain:
   
   
   1. The Backend Service Provider's email address, postal address and phone and facsimile number for the registrant, administrative, technical, and billing contacts ("IDP Addresses");
   
   
   2. The primary and secondary domain name servers You designate for the Privacy Protected Domain;
   
   
   3. The Privacy Protected Domain's original date of registration and expiration date;
   
   
   4. The identity of Your registrar, domain name service provider (if different from the registrar) and the status of the Privacy Protected Domain with the registrar (such as, "active", "Registrar Lock", "client-hold", etc.).
   
   While You will not be listed as the registrant for the Privacy Protected Domains, and other than as described in this Agreement, the Backend Service Provider will not act to control the Privacy Protected Domain(s). You will retain the right to sell, transfer, or assign each Privacy Protected Domain(s); You will retain the right to control and set the DNS settings for the Privacy Protected Domain(s); You will retain the right to renew each Privacy Protected Domain name registration upon expiration (subject to your registrar's applicable rules and policies); and You will remain responsible for resolving any and all monetary or other legal claims that arise in connection with Your Privacy Protected Domain(s), subject to the remaining provisions of this Agreement.
   
   IMPORTANT: THE DOMAIN PRIVACY PROTECTION SERVICES ARE NOT A GENERAL MAIL FORWARDING SERVICE. You agree that You will not provide any third party with the Domain Privacy Protection Addresses for the purpose of having such third party transmit communications to you through the Backend Service Provider. Third parties may obtain the Domain Privacy Protection Addresses listed in the WHOIS directory by their own initiative, but You agree that You will not be the one to provide the Domain Privacy Protection Addresses to such third parties.
   


2. Provision of Personal Information
   
   You agree that for each Privacy Protected Domain, You will provide to the Service Providers and maintain as current and accurate, the following information:
   
   
   1. Your name, address, email address, postal address, phone and fax numbers;
   
   
   2. The name, address, email address, postal address, phone and fax numbers for the Privacy Protected Domain's administrative, technical, and billing contacts;
   
   
   3. The primary and secondary domain name servers for the Privacy Protected Domain.
   
   You agree to: (i) update this information immediately as it changes over time; (ii) respond within five (5) business days to any inquiries made by either Service Provider to determine the validity of personal information provided by You; (iii) promptly respond to messages regarding correspondence addressed to or involving Your IDP Domain(s), as more fully set forth in section 6 below. If You do not supply primary and secondary domain name servers, You agree that the Backend Service Provider may point Your Privacy Protected Domain(s) to an IP address of Backend Service Provider' choosing until such time as You supply primary and secondary domain name servers.


3. Renewals and Fees
   
   If You participate in automatic renewal of the Domain Privacy Protection Services You agree i) that the IDP Services shall be automatically renewed at the end of Your Domain Privacy Protection Services term, ii) that the Service Provider will attempt to charge the credit card You have on file at the then current rates, and iii) You waive any requirement to obtain your ongoing affirmative consent to any such automatic renewals. If you do not wish to automatically renew the Domain Privacy Protection Services, You agree that the exclusive method for communicating this to the Service Provider shall be by contacting Customer Service. It is Your responsibility to keep Your credit card information current and accurate, including the expiration date. If Service Provider is unable to collect renewal or other fees, you agree that a Service Provider may contact You, but is not obliged to do so, and You agree that Service Provider may suspend or terminate the Domain Privacy Protection Services as a result of the inability to obtain payment.
   
   If the Backend Service Provider elects to begin charging a fee(s) to forward communications to You (see below), You agree that you may be required to pay such fees before the communications will be forwarded. The Backend Service Provider may change its service and forwarding fees at any time. The Backend Service Provider may also charge reasonable fees for administrative tasks outside the scope of regular services. These may include but are not limited to, customer service issues that require personal service and disputes that require legal services. You are responsible for paying all fees and taxes associated with using the Backend Service Provider's services. Payment shall be made by credit card unless other options are indicated e.g. PayPal. You agree that charges may appear on the credit card statement under vendor name AttractSoft GmbH. Fees are non-refundable. If for any reason there is a charge back for any fee previously charged to the credit card by vendor name AttractSoft GMBH, You agree that vendor name AttractSoft GMBH may, without notice, pursue all available remedies in order to obtain payment. Without limitation on other remedies which may be available under such circumstances, You agree that the Backend Service Provider may assume complete ownership of the Privacy Protected Domain(s), that the Privacy Protected Domain(s) may be sold to third parties, or that the Privacy Protected Domain(s) may be pointed to IP numbers of the Backend Service Provider's choosing, and that the Backend Service Provider may immediately cancel all services provided to You.
   
   IMPORTANT TERMS REGARDING RELATIONSHIP OF TERM OF DOMAIN PRIVACY PROTECTION SERVICES AND REGISTRATION TERM OF AN ASSOCIATED PRIVACY PROTECTED DOMAIN: You understand that your DOMAIN PRIVACY PROTECTION Services term begins on the date Your attempt to procure the Domain Privacy Protection Services is accepted by the Service Provider(s) and that it shall run for the unit of time which You order (typically, this would be one year). You understand that the Domain Privacy Protection Services term may be different than the registration term of the Privacy Protected Domain which is associated with the Domain Privacy Protection Services. If a Privacy Protected Domain expires and is deleted before the end of the term of the associated Domain Privacy Protection Services, then the Domain Privacy Protection Services associated with the domain will end when the Privacy Protected Domain is deleted and You understand that there will be no refund for any resulting unused portion of the Domain Privacy Protection Services term. If the Domain Privacy Protection Services term ends while the registration term for the Privacy Protected Domain is still ongoing, then the Domain Privacy Protection Services will no longer be provided, the personal information specified in section 2 shall be listed in the WHOIS output for the (then former) Privacy Protected Domain, and the communications forwarding services specified in section 6 will no longer be provided.


4. Your Representations & Warranties
   
   You represent and warrant that all information provided by You pursuant to this Agreement is truthful, complete, current and accurate and You represent and warrant that you will maintain all information in this status throughout the term of this Agreement. You also represent and warrant that You are using the Domain Privacy Protection Services in good faith and that You have no knowledge or reason to believe that Your Privacy Protected Domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party's trademark or trade name. You also warrant that neither the Domain Privacy Protection Services nor Privacy Protected Domain(s) will be used in connection with any illegal or morally objectionable activity (as defined below in section 5), or, in connection with the transmission of unsolicited commercial email ("Spam").


5. SERVICE PROVIDER'S SUSPENSION OR TERMINATION OF SERVICE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
   
   In the event of any of the following:
   
   
   1. If the Privacy Protected Domain(s) is (are) alleged to violate or infringe a third party's trademark, trade name, copyright interests or other legal rights of third parties;
   
   
   2. If you breach any provision of this Agreement or an anti-Spam policy of either Service Provider;
   
   
   3. If You breach any provision of Your registrar's Domain Names Terms of Services;
   
   
   4. If necessary to protect the integrity and stability of the applicable domain name registry;
   
   
   5. If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
   
   
   6. If the Backend Service provider is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the Domain Privacy Protection Services or the Privacy Protected Domain;
   
   
   7. If necessary to comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude the use of a service such as Domain Privacy protection);
   
   
   8. If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of the Backend Service Provider, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, and employees;
   
   
   9. OR if it comes to the Backend Service Provider's attention that You are alleged to be using the Domain Privacy Protection Services for the purposes of engaging in, participating in, sponsoring or hiding Your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) appeal primarily to prurient interests; (ii) defame, embarrass, harm, abuse, threaten, or harass; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism or child pornography; (v) are tortuous, vulgar, obscene, invasive of a third party's privacy, race, ethnicity, or are otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information.
   
   You understand and agree that the Backend Service Provider has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the Domain Privacy Protection Services, terminate provisioning of the Domain Privacy Protection Services, list the information You provided in section 2 in the WHOIS output or provide the information You provided in section 2 to a claimant, resolve any and all third party claims, whether threatened or made, arising out of Your use of the Privacy Protected Domain, or take any other action which the Backend Service Provider deems necessary.
   
   In the event that the Backend Service Provider takes any of the actions set forth above or in the event You elect to cancel the Domain Privacy Protection Services for any reason, neither Service Provider will refund any fees paid by You for the Domain Privacy Protection Services.
   
   You also acknowledge and agree that the Backend Service Provider may, in its sole discretion and without any liability to You whatsoever, cancel the Domain Privacy Protection Services during the first thirty (30) days after You procured the Domain Privacy Protection Services, and/or suspend Your rights under this Agreement and list the Domain Privacy Protection Addresses during resolution of a dispute or investigation of allegations.


6. FORWARDING COMMUNICATIONS
   
   You agree that the Backend Service Provider will review communications sent to the Domain Privacy Protection Addresses associated with Your Privacy Protected Domain. For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail which does not appear to be unsolicited commercial mail, the Backend Service Provider may either i) forward such communication to You or ii) may attempt to communicate to you a scanned copy of a page of the communication to ascertain Your desires with respect to forwarding the communication to You. You specifically acknowledge that the Backend Service Provider may elect to not forward to You (nor to otherwise communicate with You) regarding first class postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications which offer or advertise the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from Your having used the Domain Privacy Protection Services as a general mail forwarding service (see section 1, above). You authorize the Backend Service Provider to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by the Backend Service Provider, including failures which arise from the Backend Service Provider's mistake in judging whether a communication appears to be an unsolicited communication or not.
   
   Email. The WHOIS directory generally requires an email address for every purchased domain name registration. When You purchase Domain Privacy Protection Services, the Backend Service Provider creates an email address for that domain, "yourdomainname@whoisprivacyprotect.com". Thereafter, when messages are sent to the email address listed in the Domain Privacy protected Address, the Backend Service Provider forwards such messages to the email address You listed in section 2. If such an email address becomes non-functioning or if email to such address bounces, the Backend Service Provider is not obligated to attempt to contact You through other means. You agree that the Backend Service Provider may elect, in the Backend Service Provider's sole discretion, to allow You to access Your Account and view email sent to the Domain Privacy Protection Addresses, though such alternative means of servicing Your Account is an option and not a requirement.
   
   Your Obligation to Respond to communications from the Backend Service Provider: When the Backend Service Provider receives a communication which may warrant forwarding to You, per the terms of this Agreement, the Backend Service Provider will send an email to the email address You provided to the Backend Service Provider pursuant to section 2. The email message will identify the sender of the correspondence and the date received. As an alternative, You agree that the Backend Service Provider may allow you to access Your Account to view full or partial scanned copies of (non-email) communications sent to the Domain Privacy Protection Addresses and that You may be required to interact with Your Account to have the physical originals of such communications forwarded to You and that if You do not interact with Your Account in the ways indicated upon accessing Your Account, that the communications may not be forwarded to You. In either event, You will have seventy-two (72) hours to decide whether to have the communication(s) forwarded. If you do not respond within this time period, the communication(s) will not be forwarded. The method of forwarding will be determined by the Backend Service Provider. Communication(s) may not be immediately forwarded upon Your election; there may be a delay and communication(s) may be aggregated to be forwarded together. The Backend Service Provider may begin charging fees for forwarding communications or may change the method by which communications are forwarded without a written notice.
   
   In the event that You do not respond to communications from the Backend Service Provider regarding communications received at the IDP Address, the Backend Service Provider may immediately reveal the information You provided pursuant to section 2 and/or cancel the Domain Privacy Protection Services regarding either the Privacy Protected Domain in question or with respect to all of Your Privacy Protected Domains, depending on the circumstances. This means that the WHOIS directory will revert to displaying Your name, postal address, email address and phone number. This action would be taken because the Backend Service Provider will not become involved in any legal or other matters between You and third parties.


7. LIMITATION OF LIABILITY
   
   UNDER NO CIRCUMSTANCES SHALL EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, THE DOMAIN PRIVACY PROTECTION SERVICES, USE OR INABILITY TO USE THE PRIMARY OR BACKEND SERVICE PROVIDER(S) WEBSITE(S) OR THE MATERIALS AND CONTENT OF THE WEBSITE(S) OR ANY OTHER WEBSITES LINKED TO SUCH WEBSITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO THE BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRIMARY AND BACKEND SERVICE PROVIDERS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
   
   You further understand and agree that the Primary and Backend Service Providers disclaim any loss or liability resulting from: (i) the inadvertent disclosure or theft of Your personal information; (ii) access delays or interruptions to our website or the websites of affiliated parties; (iii) data non-delivery or misdelivery between You and the Service Providers; (iv) the failure for whatever reason to renew the Domain Privacy Protection Services; (v) the unauthorized use of the Service Provider's services; (vi) errors, omissions or misstatements by either Service Provider; (vii) deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either You or the email address listed for Your Privacy Protected Domain; (viii) processing of updated information regarding Your Account; (ix) any act or omission caused by You or Your agents (whether authorized by You or not).
   
   YOU AGREE THAT, IN ANY EVENT, THE PRIMARY AND BACKEND SERVICE PROVIDERS' RESPECTIVE MAXIMUM LIABILITY TO YOU SHALL BE CAPPED BY THE LESSER OF THE AMOUNT OF FEES PAID BY YOU TO EACH SERVICE PROVIDER IN THE PRECEDING YEAR WITH RESPECT TO THE SERVICES WHICH GAVE RISE TO THE LIABILITY OR 100.00USD PER PRIVACY PROTECTED DOMAIN.


8. INDEMNITY
   
   You agree to release, defend, indemnify and hold harmless the Primary and Backend Service Providers, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your registrar, 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 this Agreement, the Domain Privacy Protection Services, the websites of the Service Providers, and/or Your use of Your Privacy Protected Domain.


9. BACKEND SERVICE PROVIDER WARRANTY DISCLAIMER
   
   THE BACKEND SERVICE PROVIDER, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE WEBSITES OF THE BACKEND SERVICE PROVIDER OR ANY WEBSITES LINKED TO SUCH WEBSITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL THE BACKEND SERVICE PROVIDER SERVICES, AS WELL AS THE BACKEND SERVICE PROVIDER WEBSITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF THE BACKEND SERVICE PROVIDER'S SERVICES AND ITS WEBSITE ARE ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.


10. COPYRIGHT & TRADEMARK
    
    You understand and agree that all content and materials contained in this Agreement, the Privacy Policy, and the Backend Service Provider website, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that the Backend Service Provider reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using any of the afore-described content and materials without the written permission of the Backend Service Provider. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.


11. MISCELLANEOUS PROVISIONS
    
    
    1. Severability; Construction; Entire Agreement.
       You agree that if any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability, and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree that this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and the Backend Service Provider regarding the services contemplated herein.
    
    
    2. Governing Law; Venue; Waiver Of Trial By Jury.
       This Agreement shall be governed in all respects by the laws and judicial decisions of King County, Washington, excluding its conflicts of laws rules. You agree that any action relating to or arising out of this Agreement shall be brought exclusively in the courts of King County, Washington. For the adjudication of domain name registration disputes and disputes under this Agreement, you agree to submit to the exclusive subject matter and personal jurisdiction of the state and Federal courts located in King County, Washington, you agree that venue shall be proper in such jurisdiction, and you agree to waive any objection you may have to jurisdiction and venue in such forum. You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement and You agree that service upon You may be accomplished by depositing the summons and complaint in the United States mail, first-class mail, postage pre-paid, addressed to the address provided by you in section 2, which service shall be deemed to be effective five days after deposit.
       
       
    3. Term of Agreement; Survival.
       The term of this Agreement begins on the date Your attempt to procure the Domain Privacy Protection Services is accepted by the Service Provider(s). The term shall run for the unit of time which You ordered when You procured the Domain Privacy Protection Services unless terminated or suspended sooner according to the terms of this Agreement. Sections 6 (Forwarding Communications), 7 (Limitation of Liability), 8 (Indemnity), 9 (Warranty Disclaimer) and 11 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.

Members Login - Certificate Services Agreement

This Certificate Services Agreement ("Agreement") sets forth the terms and conditions of your use of Certificate Services and related services ("Services"). This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as "you" or "your" (and appropriate formatives) and the distributor Hosting-Engine in association with AttractSoft GmbH.

1. The "Certificate Services" discussed in this Agreement are the GeoTrust QuickSSL®, GeoTrust QuickSSL® Premium, GeoTrust True BusinessID®, GeoTrust True BusinessID® with EV, GeoTrust True BusinessID® Wildcard and RapidSSL® and such other digital certificate services as may be offered by Hosting-Engine from time to time and as the Services are made available to you to be bought.
   
   
2. This Agreement may be modified from time to time. You acknowledge and agree that Hosting-Engine might change these Terms of Service without notice and you are solely responsible to check for such changes, follow up and comply with them.
   
   
3. When you purchase Services, you agree to the following "Subscriber Agreements":
   
   
   1. "Subscriber Agreements" provided by GeoTrust:
      
      
      1. The Quick SSL® Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
         
         
      2. The QuickSSL® Premium Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
         
         
      3. The True BusinessID® Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
         
         
      4. The True BusinessID® with EV Subscriber Agreement, located at http://www.geotrust.com/resources/repository/legal.asp
         
         
      5. The True BusinessID® Wildcard Subscriber Agreement, located at http://www.geotrust.com/resources/legal/terms.htm
         
         
   2. "Subscriber Agreements" provided by RapidSSL:
      
      
      1. Rapid SSL® Subscriber Agreement, located at http://www.rapidssl.com/legal/index.htm
         
         

All Subscriber Agreements may be amended from time to time and you are solely responsible to check for such changes, follow up and comply with them.

Members Login - VPS Service Agreement

This Agreement, by and between You (Hereinafter referred to as "Customer"), and AttractSoft GmbH, duly authorized and existing under the laws of Germany and EU (Registration No.: HRB 7963 KI) with its offices located at Schauenburgerstr. 116, 24118 Kiel, Germany (hereinafter referred to as "Service Provider"):

1. AGREEMENT
   
   
   1. In consideration of the mutual covenants contained herein, the parties agree to the following:


2. PURPOSE
   
   
   1. The purpose of this Agreement is to define the terms under which the Service Provider will provide the Customer with VPS (Virtual Private Server) Hosting Services, defined as:
      
      1. physical space within the Service Provider's Network Operations Center to house a Service Provider-owned and supplied computer system and other equipment as may be required and identified within this Agreement hereinafter called the Customer's Server,
      
      
      2. limited physical access to the Customer's Server and
      
      
      3. a connection of the Customer's Server to the Internet using the Service Provider's public network connections.
   
   
   2. This Agreement does not include additional services such as monitoring, managed services, backup services, managed firewall services and Operating System maintenance.


3. EFFECTIVENESS, TERM, AND RENEWAL
   
   
   1. This Agreement shall become effective when the Customer purchases a VPS. This Customer Agreement shall remain in effect until the services provided herein are terminated, changed or canceled as allowed by the terms and conditions as contained herein.
   
   
   2. The Customer will be notified prior to the VPS service expiration. In case the service is not renewed, the VPS service will be terminated.
   
   
   3. The Customer agrees and understands that the Service Provider keeps the VPS data for one week after the service is terminated. After this period the Service Provider has the right to remove(delete)the Customer's data on the VPS.


4. CUSTOMER'S SERVER AND USE RESPONSIBILITIES
   
   
   1. The Customer's Server may provide services to a Customer and/or his/her customers, or the general public, for any legal purpose whatsoever, provided that:
   
   
   2. The Customer's Server may deliver only those network services specifically disclosed and agreed to herein. The Customer's server shall not be used as a spam mail relay and the Customer shall ensure that such service is Shutdown.
   
   
   3. The Customer's Server shall not exceed the agreed Bandwidth limits or provide services to others which might result in excessive usage of the agreed Bandwidth limits, regardless of whether such usage is in the ordinary course of business or results from any unauthorized hacking or use of the Customer's Server. Should the Customer exceed his/her allotted Bandwidth for any reason whatsoever, the Customer will have to pay for the additional Bandwidth, at the rate and terms defined in the current Service Provider price list.
   
   
   4. The Customer shall not utilize his/her Server for the delivery of unsolicited e-mail (spamming) or the spreading of viruses.
   
   
   5. The Customer is expressly prohibited from, and shall not use the Server or the Service Provider's network to violate the security of any computer (or) network, crack passwords or security encryption codes, or transfer or serve any illegal material(s).
   
   
   6. All services provided by the Service Provider under this Agreement extend to the Customer only, and do not extend to any other person, corporation or entity, regardless of their relationship with Customer and under no circumstances will the Service Provider be obliged to support third parties.
   
   
   7. The Customer may resell space on the Customer's Server as well as its bandwidth to third parties, provided that the Customer does NOT:
      
      
      1. allow any third party to access administration or root accounts,
      
      
      2. use such service to provide dial-in or general Internet TCP/IP Access,
      
      
      3. provide or divulge login names or passwords, provided to Customer by the Service Provider, to third parties and
      
      
      4. allow any such use which is in violation of this Agreement.
   
   
   8. The Customer and all other third parties accessing or using the Customer's Server shall abide by all of the rules, regulations, and policies of the Service Provider, as well as other networks and computer systems accessed via the Customer's server, whether operated by The Service Provider, its suppliers or others. If the Customer is unsure of those policies, it is the Customer's responsibility to ascertain said policies. The Customer agrees to indemnify and hold The Service Provider harmless from any claims resulting from the Customer's use of the service that damages either the Customer or another party or parties.
   
   
   9. The server should not host sites that provide any content, points of distribution, or 'links' to sites that:
      
      
      1. Infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy;
      
      
      2. Violate any law, statute, ordinance or regulation;
      
      
      3. Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
      
      
      4. Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party's computer or property;
      
      
      5. Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torrent sites or links to Torrent sites;
      
      
      6. Sites related or directly providing escort services;
      
      
      7. Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;


5. CUSTOMER RESPONSIBILITIES FOR EQUIPMENT, APPLICATIONS AND DATA
   
   
   1. The Customer is completely responsible for the ongoing stability and the operation of the Customer's applications and server. Any assistance by the Service Provider staff may result in additional fees.
   
   
   2. Unless contracted by a separate Agreement, in writing, under no circumstances shall the Service Provider assume responsibility for the loss of information on the Customer's Server. The Customer is responsible for all secure backups of all data on the Customer's Server and is responsible for rebuilding their environment in the event of loss of this information caused by a failure of the server, or by any act, by any party, whether accidental or intentional. The customer has the option of hiring the Service Provider for the restoration of services at an additional fee. The customer is responsible for providing the Service Provider with a reliable 24-hour contact in order to be notified in the event of a failure or downtime for maintenance.
   
   
   3. The Customer shall provide The Service Provider with a list, and replacement value, detailing any and all additional equipment and software that is installed, or to be installed, on the Customer's Server in the Service Provider's Network Operations Center.
   
   
   4. The Customer shall fully insure additional software and hardware installed on Customer's server against all risk of loss, including without limitation, theft, fire, water and earthquake damage. The Customer is advised to purchase business interruption insurance to protect against lost revenue from the Customer's server in case of a prolonged disruption of services or a catastrophe.


6. PAYMENT AND CHARGEBACKS
   
   All customers should abide by the following verification procedure.
   
   
   1. The Services are distributed by Hosting-Engine and provided by AttractSoft GmbH. By signing up for these Services you agree that you will be charged the respective amount for these services by the respective merchant provider under vendor name AttractSoft GmbH. When signing up for a VPS hosting service with Hosting-Engine, the customers agree to all the specified Terms in this document. Thus, Hosting-Engine will utilize this document as evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he/she accepted them at the time of the order.
   
   
   2. Hosting-Engine will charge the customer fees based on the fee structure at the time of the sign-up process. Hosting-Engine reserves the right to introduce changes to the packages when needed regarding price and a set of features. This means that the current price list may differ from the pricing and features of the customer's account.
   
   
   3. When signing up for a VPS hosting account with Hosting-Engine, the customer agrees to pay the whole price of his/her subscription period upfront. Credit card accounts and associated services will be automatically renewed unless notified prior to the expiration date of service.
   
   Chargebacks are not accepted as a way of refunding. Any client who initiates a credit card chargeback of an order will be a subject to collections and legal actions. He/she will be charged 30.00USD because when signing up with Hosting-Engine, the customer accepts these terms and conditions, thus agrees to observe them strictly.


7. SERVICE GUARANTEES
   
   
   1. Hosting-Engine guarantees a 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
      
      
      1. Server Hardware Breakdown;
      
      
      2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, Hosting-Engine is not responsible for the downtime);
      
      
      3. Failure due to software that is not explicitly supported by Hosting-Engine. If a hardware crash caused by the Customer consequently happens, Hosting-Engine is beyond the control and responsibility of the resulting downtime.


8. REFUNDS AND CANCELLATIONS
   
   All customers should abide by the following verification procedure.
   
   
   1. Services are distributed by Hosting-Engine and provided by AttractSoft GmbH. By signing up for these services you agree that you will be charged the respective amount for these services by the respective merchant provider under the vendor name AttractSoft GmbH. When signing up for a web hosting service with Hosting-Engine, customers agree to all specified Terms in this document. Thus, Hosting-Engine will utilize this document as evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.
   
   
   2. Hosting-Engine will charge customers with fees based on the fee structure at the time of the sign-up process. Hosting-Engine reserves the right to introduce changes to the packages when needed regarding price and the set of features. This means that the current price list may differ from the pricing and features of the customer's account.
   
   
   3. Hosting-Engine offers a 30-day money back guarantee. If you are not satisfied with our hosting service within the time frame of 30 days after you purchased the account, you need to contact our Sales Department and you will receive a full refund for your Virtual Private Server. The 30-day money-back guarantee does not apply to additional paid services like VPS upgrades, domain registrations/transfers, etc.
      
      In the case of bank wire refunds, a fee of 10.00USD is calculated and the reverse bank wire is being sent at the client's expense. To process the reverse bank wire we need you to submit (over a trouble ticket) the following details: Last name, First name or Company name and BIC.
   
   Chargebacks are not accepted as a way of refunding. Any client who initiates a credit card chargeback of an order will be a subject to collections and legal actions. He/she will be charged 30.00USD, because when signing up with Hosting-Engine, customers accept these terms and conditions, thus agreeing to observe them strictly.


9. LIMITATION OF LIABILITY
   
   
   1. The Service Provider exercises no control whatsoever over the content of the information passing through its network. The Service Provider makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. The Service Provider also disclaims any warranty of merchantability or fitness for a particular purpose. The Service Provider will not be responsible for any damage you might suffer. This includes the loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, omission or your errors or omissions. Use of any information obtained via the Service Provider's network is at your own risk. The Service Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services.
   
   
   2. The Service Provider's liability hereunder for any losses or damages suffered by the Customer or his/her customers with respect to the products and services or any other item under this Customer Agreement, whether direct or indirect, from any cause whatsoever, shall be limited to the amount paid by the Customer to the Service Provider for products and services ordered hereunder for a single billing period only. The Service Provider shall not be liable for any lost profits or for any claim or demand against the Customer by any other party based on any expressed, implied or claimed warranties by the Service Provider not specifically set forth in this Agreement.
   
   
   3. The Service Provider cannot be held responsible for the content of pages hosted under its service. Hosting-Engine cannot be held liable for any damages or lost profits from copyright infringements or unauthorized content reproduction hosted on our platform as a standalone user domain or as a subdomain under our utility domains, including but not limited to the following utility domains: onlinewebshop.net, myartsonline.com, mygamesonline.org, mypressonline.com, getenjoyment.net, medianewsonline.com, scienceontheweb.net, mywebcommunity.org, sportsontheweb.net, atwebpages.com. The service provider does not review pages for content before they are posted and does not verify, endorse or otherwise take responsibility for the contents of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. Users are solely responsible for all files contained in their own directory and can be held legally liable for the contents of their websites.
   
   
   4. IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   
   
   5. No action, regardless of form, arising out of this or any other Service Provider Agreement or transactions contemplated herein or therein may be brought by the Customer after more than one (1) year since the cause of action has occurred.
      
      
   6. Customer shall indemnify, defend and hold harmless the Service Provider, its directors, employees and agents from any action brought against them by any third-party in connection with this Agreement, or any other Agreement between the Customer and a third-party from any claims resulting from the use of the service by you or any of your customers or others throughout your chain of distribution, including end-users. The Customer shall pay all damages and reasonable attorney fees arising as a result of the Customer's use or misuse of any rights granted herein.
   
   
   7. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to, the Site or the Services (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us unless we have entered into a separate agreement with you that provides otherwise.


10. COMPLIANCE WITH LAWS
    
    
    1. The Customer shall at all times comply with all applicable laws and regulations of Germany and EU and all other governmental entities governing, restricting or otherwise pertaining to the use, distribution, exporting or import of data, products, services and/or technical data.
    
    
    2. The Service Provider's network may only be used for lawful purposes. Transmission of any material in violation of any German, EU or other governmental regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by a trade secret.


11. TERMINATION
    
    
    1. The Service Provider shall have the right to immediately suspend or terminate this Agreement during any investigation of Acceptable Use Policy or Agreement violations, misrepresentation of the services offered by the Customer's Server, inappropriate use, use of excessive system or network resources which adversely affects the performance, security or reliability of the Service Provider network, or nonpayment of service fees. In the event that the Service Provider suspends or cancels the service, the Service Provider will make a reasonable effort to notify the emergency contact supplied by the Customer, prior to the actual event.
    
    
    2. The Service Provider shall have the right to suspend or terminate this Agreement for any reason, by providing the Customer with a written notice.
    
    
    3. The Customer can only cancel Services with a written notice sent to the address of the Service Provider in this Agreement. The Customer agrees that the Service Provider has the right to delete all data, files or other information that is stored on the Customer's servers, on behalf of the Customer, if either the Customer or the Service Provider cancels this agreement, for any reason.


12. MISCELLANEOUS PROVISIONS
    
    
    1. This Customer Agreement is being executed by the Customer at the address provided for herein, and by the Service Provider in Kiel Germany, and is governed by, and shall be construed in accordance with the laws of Germany and EU.
    
    
    2. If any sentence, paragraph, clause or combination of the same in this Customer Agreement is held by a court or other governmental body of competent jurisdiction to be unenforceable, invalid or illegal in any jurisdiction, such sentence, paragraph, clause or combination shall be deemed deleted from this Customer Agreement and the remainder of this Customer Agreement shall remain binding on the parties as if such unenforceable, invalid or illegal sentence, paragraph, clause or combination had not been contained herein.
    
    
    3. In the event that litigation is required to force compliance with, or address any breach of this Agreement, the parties agree that the prevailing party shall be entitled to attorneys' fees and costs actually incurred.
    
    
    4. Relationship. Nothing in this Customer Agreement or to be done pursuant to its terms and conditions is intended to, or shall, create a partnership or joint venture, for tax purposes or otherwise, between the Service Provider and Customer. The Customer is and shall remain fully and solely responsible for all of its employees and assumes full responsibility for all costs and liabilities incurred in connection with the termination of such employees for any reason whatsoever.


13. MODIFICATION
    
    This Agreement shall constitute the entire Agreement between Customer and the Service Provider pertaining to Customer's server. This Agreement shall not be modified or altered except by a written instrument duly executed by the Customer and by an authorized officer of the Service Provider.