This Web Site Hosting Agreement ('Agreement') is by and between Domaindish, and you, your heirs, assigns, agents and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of Domaindish Web Site Hosting ('Web Hosting') services and represents the entire agreement between You and Domaindish. By using Domaindish's Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Domaindish may establish from time to time. By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you've established with Domaindish, whether or not the transactions were in your behalf.
To complete the registration process, you must read this entire agreement.
As consideration for the services purchased by You and provided to You by Domaindish, You agree to pay Domaindish monthly or yearly fees. Payment is to be made by You providing a valid credit card for charge by Domaindish, and is NON-refundable. All setup and domain name registration fees are NON-refundable. If for any reason Domaindish is unable to charge your credit card with the full amount of the service provided, or if Domaindish is charged back for any fee it previously charged to the credit card You provided, You agree that Domaindish may pursue all available remedies in order to obtain payment
You agree that You will be responsible for notifying Domaindish should you desire to terminate Your use of Domaindish's Web Hosting services. Notification of Your intent to terminate must be provided to Domaindish no earlier than 10 days prior to You billing date but no later than three days prior to Your billing date. In the absence of notification from You, Domaindish will automatically continue Web Hosting services indefinitely and will charge the credit card You have on file with Domaindish, at Domaindish's then current rates. It is Your responsibility to keep your credit card information current, including the expiration date. In the event You terminate, moving your web site off of the Domaindish hosting servers is Your responsibility. Domaindish will not transfer or FTP Your web site to another provider.
The term of this agreement shall continue in full force and effect as long as Domaindish is providing Web Hosting services to You.
You agree that Domaindish may modify this Agreement from time to time. Domaindish may also discontinue services it provides under this Agreement. You agree to be bound by any changes Domaindish may reasonably make to this Agreement when such changes become effective.
Domaindish currently provides Web Hosting services to its customers for a monthly or yearly fee. Domaindish will host Your web site on Domaindish's Web Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of Domaindish's policies and procedures.
You are responsible for ensuring that Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by Domaindish.
You agree that You have provided accurate, current and complete information in the application process and that You will notify Domaindish within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Domaindish to determine the validity of information provided by You, will constitute a material breach of this Agreement.
If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Domaindish has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Domaindish has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account.
You warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant that the web site being hosted by Domaindish will not be used in connection with any illegal activity.
Domaindish explicitly reserves the right and sole discretion to:
Users may not:
You agree that Domaindish's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Domaindish to You under this Agreement, and for any breach of this Agreement by Domaindish, shall be limited to the fees You paid to Domaindish for Web Hosting services
You agree to release, defend, indemnify and hold harmless Domaindish and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Domaindish and/or Your use of the Web Hosting services provided by Domaindish.
You agree to release, defend, indemnify and hold harmless Domaindish and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Domaindish and/or Your use of the Web Hosting services provided by Domaindish.
Domaindish EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect
You agree that all notices (except for notices concerning breach of this Agreement) from Domaindish to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with Domaindish. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to Domaindish shall be made either by email, sent to the address we provide on our web site, or first class mail to our address
Privacy is a very serious matter for Domaindish. It is true that in order to process your request, we must know basic contact information such as your full name, address, e-mail address, and method of payment. All required information is kept internally and is never shared with third parties. We will never give, lease, sell or otherwise disclose your personal information. The emails you supply will never be given to a third party and you will not receive unsolicited emails as a result of selling the email lists.
If you have any questions regarding our privacy policy, please email us on [email protected] with the subject line "Privacy Policy".