You can safely try our services for up to 30 days with the possibility to easily get your money back if you are not satisfied or change your mind. No questions asked.
All direct Customers of Bitcanal's basic services are subject to the terms and conditions contained in the User Agreement. The User Agreement is a legal contract between Bitcanal and the User that contains the rights, duties and obligations of Bitcanal and the User.
Bitcanal's Usage Policy is designed to protect Bitcanal, its Users and others, from illegal, malicious, damaging and inappropriate behaviour, by Users of Bitcanal's services. All users of Bitcanal's services are subject to the Usage Policy. The Usage Policy lists activities that are prohibited on Bitcanal's services, such as hacking and spamming.Domain Registration Agreement
Bitcanal's Domain Policy requires that all registrants adhere to certain terms and conditions. As an organization or individual applying to register, transfer or renew a domain name.
In our ongoing commitment to provide superior service for our customers, Bitcanal has introduced a new, more vigilant anti-spam policy. We have implemented the following policy as a part of our commitment to reducing spam related activity.
Bitcanal.com ("Bitcanal") supports the protection of intellectual property. Therefore, we have established the following policies regarding copyright infringement claims.
This file was last modified September 16, 2016.
By signing up for the Bitcanal's services on the Internet or by using any other means of subscription including subscription via a third party, a sales representative or commercialization partner, you benefit from the present satisfaction guarantee if you are billed directly by the Bitcanal.
The following guarantee is applicable to the renewable services offered by Bitcanal except for those enumerated in the exclusion clause. All clients of renewable services whose accounts are in order, which have no unpaid balance, are eligible for the present guarantee.
If you are dissatisfied with our services and wish to resiliate your subscription, let us know within 30 days following your accounts activation by using the "Account Termination" form available in the "Technical Support" section of our website. Within this delay and without any additional requirements or explanations, Bitcanal will completely reimburse you for the monthly fees paid, elapsed or prepaid. In the case of shared hosting solutions, the setup fees will also be reimbursed.
The present guarantee does not apply to administration packages, domain names, bandwidth or traffic billing, work billed hourly, setup fees and Premium hosting packages. Exception made of the shared hosting solutions, bandwidth consumed by the user during the period of operation will be billed at the rate of $0.70 USD per GB transferred.
In order to terminate your account and claim the satisfaction guarantee, the owner of the account must send, by fax and within 30 days of the account’s activation, the thoroughly completed and signed termination form. This form is located in the "Technical Support" section of Bitcanal's website. The request will be processed within 10 to 15 days following its reception.
The guarantee is automatically valid for all of the Bitcanal's subscribers. Bitcanal reserves the right to modify the present guarantee at any time, without notice. The modifications will be shown on this page. If you wish a written confirmation of this guarantee, please email this page to email@example.com and we will return it signed and approved.
This User Agreement ("Agreement") is an agreement between Ebonyhorizon Telecomunicações S.A., (“Bitcanal”) and the party set forth in the related Registration Form ("User" or "You" and "Your") incorporated herein by reference (together with any subsequent Registration Forms or other online signup, acceptance or order form submitted by User, the "Registration Form"), and applies to the purchase of all services ordered by User on the Registration Form (collectively, the "Services"). As used herein the term "User" and "You" shall also include any and all users, Customers, subscribers, affiliates (including without limitations Users or non-Users to whom Bitcanal provides links or banners to promote the services or products of Bitcanal or any third party the services or products of which are offered by or obtained through or in connection with Bitcanal), resellers or others (i) who sign up for, use or obtain services or products from Bitcanal or from any third party services or products of which are offered by or obtained through or in connection with Bitcanal, or (ii) who visit the Website of Bitcanal or of any such third party.
PLEASE READ THIS AGREEMENT CAREFULLY.
SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
Under this Agreement, User shall comply with Bitcanal's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by Bitcanal, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. User hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Bitcanal does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the "User Content"). User Content includes content of User's and/or users of User's Web site. Accordingly, under this Agreement, You will be responsible for Your users content and activities on Your Web site. Notwithstanding anything to the contrary contained in this Agreement, Bitcanal may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by User of the AUP. In the event Bitcanal takes corrective action due to a violation of the AUP, Bitcanal shall not refund to User any fees paid in advance of such corrective action. User hereby agrees that Bitcanal shall have no liability to User or any of User's users due to any corrective action that Bitcanal may take (including, without limitation, suspension, termination or disconnection of Services).
The initial term of this Agreement shall be as set forth in the Registration Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to User, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term OR SUCH OTHER TERM AND PRICE THAT SHALL BE SET FORTH IN A NOTICE TO THE CUSTOMER AT LEAST 24 HOURS PRIOR TO THE COMMENCEMENT OF SUCH SUCCESSIVE PERIOD OR RENEWAL PERIOD. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE OR RENEWAL PERIODS, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated or cancelled;
If You cancel this Agreement, upon proper notice to Bitcanal, prior to the end of the Initial Term or any successive period (or renewal period) thereafter, You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; Bitcanal may (but is not obligated to) refund to You all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees, cancellation fees, and any applicable taxes and any discount applied for prepayment, provided that You are not in breach of any terms and conditions of this AUP, User Agreement, Anti-Spamming Policy or Domain Policy;
If your plan includes a free domain name, a fee for the domain and any applicable taxes will be deducted from your refund. If you do not wish to keep the domain name, Bitcanal will take possession of the domain and the fee will not be charged.
We may charge You one hundred percent (100%) of all charges for all Services for each month remaining in the then-current Term (other than basic hosting fees as provided in (ii) above). Any cancellation request shall be effective thirty (30) days after receipt by Bitcanal, unless a later date is specified in such request.
Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 2(e), 3, 4, 12, 13, 17, 19 and 20 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other Terms of Service or equitable rights or remedies to which Bitcanal may be entitled. UPON TERMINATION OF THIS AGREEMENT FOR ANY CAUSE OR REASON WHATSOEVER, USER WEB SITE FILES AND USER CONTENT AND OTHER DATA IS DELETED UPON ACCOUNT TERMINATION. Accordingly, User should always maintain back-up copies of User's web site and other User content and data so User may use such copies host elsewhere after such termination. You have ninety (90) days to dispute any charge or payment processed by Bitcanal. If you have a question concerning a charge you believe is incorrect, please contact us at firstname.lastname@example.org
User is solely responsible for the quality, performance and all other aspects of the User Content and the goods or services provided through the User Web site.
User will cooperate fully with Bitcanal in connection with Bitcanal's provision of the Services. User must provide any equipment or software that may be necessary for User to use the Services. Delays in User's performance of its obligations under this Agreement will extend the time for Bitcanal's performance of its obligations that depend on User's performance on a day for day basis. User must provide complete, correct and genuine contact information in the Registration Form and update such information as necessary from time to time so it remains complete, correct and genuine at all times; failure to do so may result in suspension or cancellation of Services. User will notify Bitcanal of any change in User's mailing address, telephone, electronic mail or other contact information.
User assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the User Web site and any goods or services described therein, as well as any rules, terms or conditions of use. Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups. User is also responsible for ensuring that the User Content and all aspects of the User Web site are compatible with the hardware and software used by Bitcanal to provide the Services, as the same may be changed by Bitcanal from time to time. Bitcanal shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site to be compatible with the hardware and software used by Bitcanal to provide the Services.
User is solely responsible for making back-up copies of the User Web site and User Content.
Bitcanal does not maintain backup copies of User Web sites or e-mail. Bitcanal cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available. Users should always copy all content of a Web site to a local computer and Bitcanal strongly suggest that Users make an additional copy (on tape, CD, multiple floppy disks, another desktop, or elsewhere) to ensure the availability of the files .. IT IS THE USER'S SOLE RESPONSIBILITY TO MAKE OFFLINE, BACK-UP COPIES OF THE USER'S WEB SITE AND USER CONTENT AND DATA. NOTE: IT IS ESSENTIAL THAT USERS BACKUP FILES OFFLINE, EVEN IF USER PURCHASES OR HAS PRODUCTS, SUCH AS SITE BACKUP AND RESTORE.
The user is responsible for maintaining complete backups for any files, content, software, or other items stored from time to time in a VPS account or VPS container. Bitcanal does not maintain such back-ups.
As part of Bitcanal's ongoing hosting, Bitcanal does create and store on a temporary basis VPS backups which are intended for Bitcanal's disaster recovery only which are typically available only in the event of hardware failure, and only for a short period thereafter. Bitcanal cannot guarantee the existence, accuracy or completeness of any backups. Please note that typically a complete VPS restoration will overwrite anything stored in your VPS account.
User is responsible for maintaining the confidentiality of login and billing information. Bitcanal is not liable for any account disputes that may arise between various parties holding account login information. Bitcanal is not responsible for any changes made to the account or any information that has been modified by User, or any parties authorized by User, to access the vDeck. User is responsible for updating and maintaining contact and billing information with Bitcanal. Any changes to the User contact information must be made using the account vDeck or by contacting our Support Team. User is responsible for ensuring that Bitcanal is able to notify the User for technical, billing or other issues or purposes deemed necessary by Bitcanal to maintain the account.
Free Web Hosting. If you have enrolled in a free plan, your Web site may carry advertising HTML for Bitcanal or a third party, which could include different types of advertisements, including banners or pop-ups. If you would prefer not to have such advertising on your Web site, we encourage you to sign up for a plan that does not include advertising. Our Support Team can help you choose the plan that is right for you
User hereby represents and warrants to Bitcanal, and agrees that during the Initial Term and any Term thereafter User will ensure that:
User is the owner or valid licensee of the User Content and each element thereof, and User has secured all necessary licenses, consents, permissions, waivers and releases for the use of the User Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Bitcanal to pay any fees, residuals, guild payments or other compensation of any kind to any Person;
User's use, publication and display of the User Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated;
User will comply with all applicable laws, rules and regulations regarding the User Content and the User Web site and will use the User Web site only for lawful purposes; and
User has used its best efforts to ensure that the User Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
User shall be solely responsible for the development, operation and maintenance of User's Web site, online store and electronic commerce activities, for all products and services offered by User or appearing online and for all contents and materials appearing online or on User's products, including, without limitation:
the accuracy and appropriateness of the User Content and content and material appearing in its store or on its products, ensuring that the User Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and
ensuring that the User Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. User shall be solely responsible for accepting, processing and filling User orders and for handling User inquiries or complaints. User shall be solely responsible for the payment or satisfaction of any and all taxes associated with its Web site and online store.
User grants Bitcanal the right to reproduce, copy, use and distribute all and any portion of the User Content to the extent needed to provide and operate the Services
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account, whether or not the transactions were on Your behalf.
FOR MASSACHUSETTS RESIDENTS ONLY: User (a) shall at all times be solely responsible for and maintain the confidentiality of personal information of user's in accordance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth (the "MA Regulation") and (b) maintain appropriate security measures that are in compliance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, the MA Regulation. For the purposes of this section [4.e ], "personal information" means information about an identifiable individual, including the first and
last name or first initial and last name of an individual together with one or more of the following relating to such individual: (i) Social Security or social insurance number or similar identifier; (ii) driver's license number/state/province-issued identification number; or (iii) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number, or password, that would permit access to the account.
FOR CUSTOMERS OTHER THAN MASSACHUSETTS RESIDENTS: User (a) shall at all times be solely responsible for and maintain the confidentiality of personal information of User's customers in accordance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth (the "MA Regulation") and (b) maintain appropriate security measures that are in compliance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, the MA Regulation. For the purposes of this section [4.f ], "personal information" means information about an identifiable individual, including the first and last name or first initial and last name of an individual together with one or more of the following relating to such individual: (i) Social Security or social insurance number or similar identifier; (ii) driver's license number/state/province-issued identification number; or (iii) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number, or password, that would permit access to the account.
digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the User Content; and
make archival or back-up copies of the User Content and the User Web site.
Except for the rights expressly granted above, Bitcanal is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with User.
Bitcanal, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, User Content and/or Web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. User further agrees that Bitcanal shall not be liable to User for any loss or damages that may result from such conduct.
User will pay to Bitcanal the service fees for the Services in the manner set forth in the Registration Form.
Please note that special offers are limited-time promotional prices that are available to new customers and are valid for the Initial Term only, and not for successive or renewal periods. You will be notified of your pricing for EACH successive period (or renewal period) prior to the start of SUCH successive period (or renewal period). Your pricing for SUCH successive period (or renewal period) ALSO will be available through your control panel at the start of such successive period (or renewal period). Bitcanal may increase the Service Fee and Product fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term by providing 24 hours prior written notice thereof to User. Written notice may be in the form of (i) notices and updates in the User's Control Panel , (ii) Public Alerts issued by Bitcanal, (iii) Notification of Successive Period Pricing ( or RENEWAL period pricing), or [(iv) posting of next scheduled rebill amount in User's Billing Central]. It is the User's sole responsibility to periodically review User's Billing Central information and all other methods of communications and notices sent or posted by Bitcanal.
User may always check the User's Billing Central area to get an up-to-date statement of the current amount being billed to User for Services. It is the User's sole responsibility to periodically review users Billing Central information.
The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Bitcanal's net income). All such taxes may be added to Bitcanal's invoices for the fees as separate charges to be paid by User. All fees are fully earned when due and non-refundable when paid.
Unless otherwise specified, all initial fees shall be payable upon sign-up, and all subsequent fees and related charges shall be due and payable when billed, if by credit card, or if not by credit card, within thirty (30) days after the date of the invoice. If Bitcanal collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Bitcanal prevails in any action to which the User and Bitcanal are parties, User will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Bitcanal's reasonable attorneys' fees.
If any check is returned for insufficient funds Bitcanal may impose a minimum processing charge of € 25.00 plus any applicable taxes. In the event that any amount due to Bitcanal is not paid when due, Bitcanal, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. NOTE: USER WEB SITE FILES AND USER CONTENT AND OTHER DATA IS DELETED UPON ACCOUNT TERMINATION.
There may be a minimum € 50.00 charge to reinstate accounts that have been suspended or terminated.
Wire transfers will be assessed a minimum charge of € 35.00 plus applicable taxes.
There may be a minimum charge of € 35.00 plus applicable taxes for all credit card chargebacks.
User acknowledges and agrees that Bitcanal may pre-charge User's fees for Services and products to its credit card supplied by User during registration for the Initial Term.
YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION.
Accounts will not be activated or reactivated without prior payment. All hosting fees and domain name renewal fees are due at time of invoice for the renewing account and/or domain name. Incomplete, incorrect or questionable signup information can result in an account being suspended or terminated or NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received. Any losses or expenses experienced by the User, due to actions taken by Bitcanal in response to Users non-payment, are not the responsibility of Bitcanal.
Unless stated otherwise, a reference to 'USD$', '$US', 'dollar' or '$' is a reference to USA currency. All fees or other amounts hereunder shall be payable in US currency, provided however that in the event you signed up for your account or any other product or service for which the fee or other amount is payable in a currency other than $US, then any amounts payable by you hereunder shall be payable in such other currency.
Accounts will not be activated or reactivated without prior payment.
All hosting fees and domain name renewal fees are due at time of invoice for the renewing account and/or domain name.
Incomplete, incorrect or questionable signup information can result in an account being suspended or terminated or NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
Any losses or expenses experienced by the User, due to actions taken by Bitcanal in response to Users non-payment, are not the responsibility of Bitcanal.
Unless stated otherwise, a reference to 'USD$', '$US', 'dollar' or '$' is a reference to USA currency. All fees or other amounts hereunder shall be payable in US currency, provided however that in the event you signed up for your account or any other product or service for which the fee or other amount is payable in a currency other than $US, then any amounts payable by you hereunder shall be payable in such other currency.
Bitcanal's preferred method of payment is credit card. By purchasing our services, you are agreeing to allow Bitcanal to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan, products or services you select. By continuing (or renewing) your services and products you further agree to all of Bitcanal's Terms of Services and any price increases.
You grant Bitcanal permission to charge your credit card for any and all services you request, including, but not limited to, any and all product or service.
If we are unable to process a payment for your plan, product or service by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.
WHEN AN ACCOUNT IS CANCELED, ALL COPIES OF THE WEB SITE AND E-MAIL FILES ARE PERMANENTLY AND IRRETRIEVABLY REMOVED FROM OUR SERVERS UPON ACCOUNT CANCELLATION.
If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees. Upon reactivation, we are not responsible for any deleted Web site or Content.
If we make any refunds due to charges you dispute with your credit card Bitcanal, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by Bitcanal as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.
Bitcanal is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Bitcanal Product"). Bitcanal shall not be responsible for any changes in the Services that cause the Non-Bitcanal Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Bitcanal Product either sold, licensed or provided by Bitcanal to User or purchased directly by User used in connection with the Services will not be deemed a breach of Bitcanal's obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of Non-Bitcanal Product are limited to those rights extended to User by the manufacturer of such Non-Bitcanal Product. User is entitled to use any Non-Bitcanal Product supplied by Bitcanal only in connection with User's permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by Bitcanal to User through any Non-Bitcanal Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any Non-Bitcanal Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
Internet Protocol (IP) Address Ownership. If Bitcanal assigns User an Internet Protocol ("IP") address for User's use, the right to use that IP address shall belong only to Bitcanal, and User shall have no right to use that IP address except as permitted by Bitcanal in its sole and absolute discretion in connection with the Services, during the term of this Agreement. Bitcanal shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to User by Bitcanal, and Bitcanal reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Caching. User expressly;
User agrees that User shall not use excessive amounts of CPU processing on any of Bitcanal's servers. Any violation of this policy may result in corrective action by Bitcanal, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Bitcanal's sole and absolute discretion. If Bitcanal takes any corrective action under this section, User shall not be entitled to a refund of any fees paid in advance prior to such action.
Bitcanal provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in Bitcanal's web pages describing the package of Services purchased at the time of purchase. In some cases, Bitcanal may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Bitcanal reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by Bitcanal for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by Bitcanal as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with Bitcanal.
Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Bitcanal will monitor User's use of bandwidth, disk usage and other resources. Bitcanal, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in Bitcanal's sole and absolute discretion.
If Bitcanal takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States (or, if User is outside the United States, to points outside the User's national jurisdiction) in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If Bitcanal learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, Bitcanal may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail.
User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. Bitcanal will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but Bitcanal does not take responsibility if e-mail notification(s) is not received by the User. Bitcanal reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.
In addition to the applicable terms and conditions contained herein: If User signs up to register and park a domain name with Bitcanal, All domain name renewal fees are due at time of invoice, before the renewal date of the domain name. Payments are non-refundable. If for any reason Bitcanal is unable to charge User's payment method for the full amount owed Bitcanal for the service provided, or if Bitcanal is charged a penalty for any fee it previously charged to Your payment method, User agrees that Bitcanal may pursue all available remedies in order to obtain payment. User agrees that among the remedies Bitcanal may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to User of User's service. Bitcanal reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, User service issues that cannot be handled over e-mail but require personal service, and disputes that require legal services. These charges will be billed to the payment method we have on file for User.
User agrees to be responsible for notifying Bitcanal should User desire to terminate use of any of the Parked Page Services, including, but not limited to, those purchased. Notification of User's intent to terminate must be provided to Bitcanal no earlier than thirty (30) days prior to User's billing date but no later than ten (10) days prior to the billing date. In the absence of notification from User, Bitcanal will automatically continue the Parked Page Services indefinitely and will charge User's payment method that is on file with Bitcanal, at Bitcanal's then current rates. It is User's responsibility to keep their payment method information current, which includes the expiration date if using a credit card. In the event User terminates the Parked Page Services, moving their Web site off of the Bitcanal hosting servers is User's responsibility. Bitcanal will not transfer or FTP such Web site to another provider. Any change by User of their name-server is not deemed cancellation of the Parked Page Services.
Bitcanal will provide User with the Parked Page Services as long as User abides by the terms and conditions set forth herein and in each of Bitcanal's policies and procedures. By using any of the Parked Pages Services, User agrees that Bitcanal may point the domain name or DNS to one of Bitcanal's or Bitcanal's affiliates web pages, and that they may place advertising on User's web page and that Bitcanal specifically reserves this right. User shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of User's Parked Pages.
User agrees to indemnify and hold harmless Bitcanal for any complications arising out of use of the Parked Page Services, including, but not limited to, actions Bitcanal chooses to take to remedy User's improper or illegal use of a Web site hosted by Bitcanal. User agrees it is not be entitled to a refund of any fees paid to Bitcanal if, for any reason, Bitcanal takes corrective action with respect to any improper or illegal use of the Parked Page Services. If a dispute arises as a result of one or more of User's Parked Pages, User will indemnify, defend and hold Bitcanal harmless for damages arising out of such dispute. User also agrees that if Bitcanal is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Web site hosted by Bitcanal, that Bitcanal, in its sole discretion, may take whatever action Bitcanal deems necessary regarding further modification, assignment of and/or control of the Web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
InstallCentral automates the installation of a given open source application. Users are free to install open source applications independently of InstallCentral by following the instructions provided by Bitcanal or the organization that developed the open source application. When a User uses an open source application, the User licenses it from the open source provider, not from Bitcanal.
We do not provide support for the application once the application has been successfully installed; we provide support only for the installation or upgrade process. Any support requests regarding actual use of the application must be directed to the organization or Bitcanal that developed the application.
The User is responsible for creating back-ups before upgrading to the next version.
We cannot guarantee that the version we currently provide is the latest one being distributed by the vendor.
Any security risks including, but not limited to, hacking, phishing and information piracy are the sole responsibility of the User.
We reserve the right to discontinue applications managed by InstallCentral at any time.
InstallCentral applications are installed at the User's own risk. We cannot be held liable for lost data or damage caused by open source applications provided through InstallCentral.
In addition to all terms and conditions described in this Agreement, the following shall also be applicable to Bitcanal Wholesale, Wholesale Plus and Private-Label Resellers;
The Reseller agrees, on behalf of both the Reseller and each User signed up by the Reseller, to comply with these Terms of Service. In the event that a Reseller or a Reseller's User is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service.
Bitcanal is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify Bitcanal from and against any and all claims made by any User that result from the Reseller's misrepresentation, breach of the Terms of Service or other improper actions by the Reseller.
Bitcanal reserves the right to revise its Wholesale, Wholesale Pluse and Private-Label Reseller Programs, AUP and the Terms of Service at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth in any required notice provided by us in connection therewith.
Users who have been signed up by Resellers agree to operate their Web sites in accordance with the Terms of Service. Resellers cannot make any modifications to the Bitcanal Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller's account(s). Bitcanal is not responsible for any modifications made to the Terms of Service by Resellers.
Resellers in the Wholesale Reseller Program assume all responsibility for billing and technical support for each of their Users. Bitcanal reserves the right to refuse inquiries made to the Support Team from the Customers of Resellers in the Wholesale Reseller Program.
VPS sometimes also referred to as Virtual Dedicated Server. When creating a VPS account, we split dedicated servers into independent areas, referred to as containers. The customer is responsible for providing the firewalls, software, web files, content and Operating systems for the customer's container, independent of other containers on the server. Each container is allotted its own disk space, CPU power, bandwidth, and memory. This isolation of server space allows for independent server customization for which the customer is responsible VPS is different from shared hosting, and VPS customers should be technically advanced and prepared to use and operate a server, various Operating Systems, Linux and root access.
In addition to all terms and conditions described in this Agreement, the following shall also be applicable to Bitcanal VPS customers;
Misuse of system resources, including but not limited to, employing programs that consume excessive CPU time (outside of reserved for user's container), network capacity, disk IO or storage space, may result in account suspension and termination. Mail Policy. VPS accounts will be governed by our shared-hosting mail policy (See Acceptable Use Policy section 4.a). Furthermore, anyone hosting websites or services on their server or container that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. Third-Party Software. In the event You elect to install any third-party software, the following terms shall apply;
You represent and warrant You have the right to use and install the third-party software.
You have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity.
You agree to defend, indemnify and hold harmless Bitcanal and its employees, officers and directors for, from and against any and all claims brought against Bitcanal and its employees, officers and directors by a third-party alleging the software infringes:
Bitcanal hereby grants to User a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use Bitcanal technology, products and services solely for the purpose of accessing and using the Services. User may not use Bitcanal's technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Bitcanal to User any Bitcanal technology, and all rights, titles and interests in and to any Bitcanal technology shall remain solely with Bitcanal. User shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Bitcanal.
Bitcanal owns all right, title and interest in and to the Services and Bitcanal's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Noting in this Agreement constitutes a license to User to use or resell the Marks.
User agrees to use all Services and any information obtained through or from Bitcanal, at User's own risk. User acknowledges and agrees that Bitcanal exercises no control over, and accepts no responsibility for, the content of the information passing through Bitcanal's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USER OR STORED BY USER OR ANY OF USER'S USERS VIA THE SERVICES PROVIDED BY US NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
Bitcanal represents and warrants to User that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Bitcanal generally to its other Users for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. User will be deemed to have accepted such Services unless User notifies Bitcanal, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. User's sole and exclusive remedy, and Bitcanal's sole obligation, for breach of the foregoing warranties shall be for Bitcanal, at its option, to re-perform the defective Services at no cost to User, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue User a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. Bitcanal may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Bitcanal's reasonable control; (b) that resulted from any actions or inactions of User or any third parties; or (c) that resulted from User's equipment or any third-party equipment not within the sole control of Bitcanal. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO US BY YOU DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
WE CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 15 shall not apply to User's indemnification obligations.
Notwithstanding anything to the contrary in this Agreement, Bitcanal's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by User for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
User understands, acknowledges and agrees that if Bitcanal takes any corrective action under this Agreement because of an action of User or one if its Users or a reseller, that corrective action may adversely affect other Users of User or other reseller Users, and User agrees that Bitcanal shall have no liability to User, any of its Users or any Reseller User due to such corrective action by Bitcanal.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
User agrees to indemnify, defend and hold harmless Bitcanal and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to User's use of the Services, (ii) any violation by User of the AUP, (iii) any breach of any representation, warranty or covenant of User contained in this Agreement or (iv) any acts or omissions of User. The terms of this section shall survive any termination of this Agreement.
Both You and Bitcanal hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement.
The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.
You and Bitcanal each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into this Agreement and that each will continue to rely on the waiver in their related future dealings.
Each party further warrants and represents that each has had the opportunity to have counsel review this Agreement and this waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to this Agreement. In the event of litigation, this Agreement may be filed as written consent to a trial by court.
Independent Contractor. Bitcanal and User are independent contractors and nothing contained in this Agreement places Bitcanal and User in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of Portugal. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Headings. The headings herein are for convenience only and are not part of this Agreement.
Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of User or Bitcanal, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of User and Bitcanal. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Bitcanal in its sole discretion, which modifications will be effective when posting to Bitcanal's Web site or on any subsequent date as may be set forth in any required notice provided by us in connection therewith. Upon renewal of any services or products, User agrees to all Terms of Service in effect on date of renewal and any amendments which take effect pursuant to the terms hereof.
Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties' signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Bitcanal may give written notice to User via electronic mail to the User's electronic mail address as maintained in Bitcanal's billing records.
Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors. User may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Bitcanal. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Bitcanal may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, Bitcanal's records of such execution shall be presumed accurate unless proven otherwise.
Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, Terms of Service or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, User acknowledges and agrees that any supplier of third-party product or service that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against User as if it were a party to this Agreement.
Government Regulations. User may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside Portugal (or, if User is outside of Portugal, to anyone outside of User's national jurisdiction) in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by Portugal government and any country or organization of nations within whose jurisdiction User operates or does business.
Marketing. User agrees that during the term of this Agreement Bitcanal may publicly refer to User, orally and in writing, as a User of Bitcanal. Any other public reference to User by Bitcanal requires the written consent of User.
We've developed this Acceptable Use Policy (AUP) to help our Customers understand their responsibilities when using our services. It explains our policies regarding activities that may be harmful to our Users or compromise the efficiency of our shared hosting environment. We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this AUP or the nature of the Internet as an open, efficient method of communicating and conducting business.
To meet the changing needs of our Users, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage you to review this AUP on our Web site(s) periodically.
If you feel you have discovered a violation of any area of our AUP (other than notices of alleged infringement by our customers or any court orders, subpoenas, search warrants, or other legal process, the email address for all of which is "email@example.com"), please report it to:
Ebonyhorizon Telecomunicações S.A.
Rua 28 de Janeiro, 350.
Vila Nova de Gaia, Porto 4400-335
Phone: (+351) 220 915 985
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER TO OUR ADDRESS. DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.
As used herein, the term "User" or "Users" shall include any and all users, Customers, subscribers, affiliates (including without limitations Customers or non-Customers to whom Bitcanal provides links or banners to promote the services or products of Bitcanal or any third party the services or products of which are offered by or obtained through or in connection with Bitcanal), resellers or others (i) who sign up for, use or obtain services or products from Bitcanal or from any third party services or products of which are offered by or obtained through or in connection with Bitcanal, or (ii) who visit the Website of Bitcanal or of any such third party. As a provider of Internet/World Wide Web access, Web site hosting, and other Internet-related services, Bitcanal, ("Bitcanal") offers Users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Bitcanal respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Bitcanal reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Bitcanal has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each User's respective service agreement and is intended as a guide to the User's rights and obligations when utilizing Bitcanal's services. This AUP will be revised from time to time. A User's use of Bitcanal's services after changes to the AUP are posted on Bitcanal Website, under the Terms of Service section, will constitute the User's acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Users or others obtain information through the Internet, they must keep in mind that Bitcanal cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Bitcanal cannot monitor or censor the Internet, and will not attempt to do so, Bitcanal cannot and does not accept any responsibility for injury to its Users or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Users or others disseminate information through the Internet, they also must keep in mind that Bitcanal does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create. When Users or others place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Bitcanal's network and may reach a large number of people, including both Users and subscribers and non-subscribers of Bitcanal, Users' postings to the Internet may affect others and may harm Bitcanal's goodwill, business reputation, and operations. For these reasons, Users violate Bitcanal policy and the service agreement when they, their users, customers, subscribers, employees, affiliates, or subsidiaries engage in activities described herein.
a. Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as "spam" or "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Bitcanal, but also because it can overload Bitcanal's network and disrupt service to its Users subscribers. Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound e-mail traffic is subject to review and possible action. When a complaint is received, Bitcanal has the absolute and sole discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list, or whether the outbound e-mail traffic generated from an account is suitable for a shared hosting environment.
b. Utilize the Services in connection with any illegal activity or activity otherwise prohibited by this AUP. Without limiting the general application of this rule, Users may not:
The use of Botnets, or any act resulting in web browser vulnerabilities, worms or Trojan horses.
c. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users and Users may not:
d. Utilize the Services in connection with any other disruptive, controversial or abusive activity, as determined by Bitcanal in its sole discretion. Without limiting the general application of this rule, Users may not:
Disclaimer. Bitcanal expressly disclaims any obligation to and does not monitor its Users and other Users with respect to violations of this AUP. Bitcanal has no liability or responsibility for the actions of any of its Users or other Users or any content any User may post on any Web site.
Reporting Non-Copyright Violations. Bitcanal encourages Users to report violations of this policy by e-mail to: firstname.lastname@example.org, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
Reporting Copyright Violations. Bitcanal complies with the Digital Millennium Copyright Act ("DMCA"). Bitcanal encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA which information is located under the DMCA Policy of this Web site.
Remedies. If Bitcanal learns of a violation of this AUP, Bitcanal will respond to the applicable User and may, in Bitcanal's sole discretion, take any or all of the following actions, with or without notice as it deems necessary or appropriate in accordance with the severity and duration of the violation:
Bitcanal reserves the right to cooperate with and provide any and all User information and data to appropriate legal authorities in investigations or reporting of claims of illegal activity involving Bitcanal's Services. Bitcanal reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. Bitcanal may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each User agrees that Bitcanal is authorized to monitor its communications through Bitcanal's network for such purposes.
If you register or renew a domain with us, or associate a domain with your hosting account, or otherwise obtain domain services from or through us, you and your domain services will be subject to (i) the following domain policy, and (ii) the terms of the Domain Registration Agreement set forth below. See copy of the Registration Agreement set forth below. Please note that such agreement will apply to your domain services irrespective of another domain registrar, provided that in the event of any conflict between our domain registration agreement and that of your domain registrar, the terms of the agreement of your registrar will take precedence.
Upon a Customer's request, and subject to these terms and conditions, Bitcanal will attempt to register a domain name, or renew the registration of an existing domain name, on behalf of the Customer with any domain name registrar that Bitcanal, in its sole discretion, elects to employ for such registration or renewal (the "Chosen Registrar"). Bitcanal reserves the right to refuse any request for registration or renewal of a domain name.
When registering a new domain name, or if your domain name is already registered with Bitcanal's domain registrar, we will attempt to enroll your domain in our Automated Domain Renewal Service. Through this service, Bitcanal will attempt to automatically initiate the renewal of any domain name you register through Bitcanal. The renewal will be initiated 15 days before a domain's expiration date. Of course, you can opt out of the Automated Domain Renewal Service PRIOR to the initiated renewal period, 15 days before the domain's expiration date. You may opt out of our Automated Domain Renewal Service through Domain Central. While participating in the Automated Domain Renewal Service, you agree to be bound by the policies associated with this service. In the event of conflict between those policies and rules and this Agreement, this Agreement will control.
The registration or renewal of any domain name by Bitcanal on behalf of a Customer is subject to, and contingent upon, (i) the Customer providing all information needed to complete such registration, (ii) the availability of the domain name, (iii) the domain name not being in violation of any applicable law, rule, statute or regulation, (iv) the domain name not being in violation of any policy of the Chosen Registrar, (v) any fees or costs for such domain name registration being paid in advance by the Customer and (vi) the Customer's continued compliance with any and all Bitcanal Terms of Service and the AUP.
Once a domain name has been registered or renewed through Bitcanal, no refunds will be given for the domain registration or renewal fee.
The Customer has full ownership rights over any domain name registered or renewed through Bitcanal, where the domain registration fees have been paid in full by the Customer. In the event of fraud or failure to pay fees, Bitcanal will retain possession of the domain name. In addition, if we receive a credit card charge-back for a domain registered with us, Bitcanal will take ownership of the domain name(s) registered.
Bitcanal is not responsible for maintaining the registrant information for domain names. The domain owner can modify all this information using our vDeck, by contacting our Support Team or contacting the Chosen Registrar. The Customer agrees to continually update all information required by the Chosen Registrar. Updating your information with Bitcanal does not automatically update it with the Chosen Registrar.
Bitcanal is not responsible for any domain name's availability. The Customer waives any and all claims against Bitcanal for, and hereby releases Bitcanal from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name.
The Customer acknowledges and understands that any and all domain name registrations and renewals are subject to the terms, conditions, rules, regulations, applicable law and policies of ICANN (Internet Corporation for Assigned Names and Numbers). In addition, any and all domain name registrations and renewals are subject to the terms and conditions of the Chosen Registrar, which can be found on the Web Site of such Chosen Registrar. Upon request, Bitcanal will provide the Customer with the name of the Chosen Registrar.
The Customer understands and accepts that a request for a domain name registration or renewal is no guarantee that the Customer will receive the domain name that has been requested. The Customer understands, accepts and appreciates the risks associated with circumstances and vulnerabilities generally affecting the Internet and e-commerce in general. The Customer waives any and all claims it may have against Bitcanal for, and hereby releases Bitcanal from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name in such circumstances.
Bitcanal is not liable for domain disputes that may arise over changed registrant information for a domain name.
Bitcanal is not responsible for resolving any domain disputes. These issues must be resolved by the parties involved, according to the legal bounds of ICANN, the domain name governing body. Bitcanal will not act as an arbitrator, but will honour any ICANN decisions.
If we are unable to secure payment before the domain renewal date, the domain name will expire. Forty (40) days after a domain renewal date, a domain name will be released by the Registrar and made available to the general public for re-registration.
After a domain has expired, we will, upon a Customer's request, put in a request with our Registrar to renew and reactivate the domain name if all registration fees are paid (including any extra fees required to pull a domain name out of its redemption period). This process is normally complete within four (4) days.
If we receive a dispute of payment, a chargeback or a request for a refund from your credit card Bitcanal for a renewed domain name, Bitcanal will take over the ownership of the domain name in question.
The Customer agrees that any and all information provided in connection with any domain renewal request shall be true and correct in all respects. In connection with any such request, Bitcanal assumes responsibility only for processing such renewal request with the Chosen Registrar. Bitcanal disclaims any and all responsibility to verify any information provided in connection with the request and shall have no responsibility or liability for any loss, delay, inconvenience, interruption in service, service error or loss of data.
Bitcanal bears no responsibility or obligation to notify Customer of any approaching domain name expiration dates. The Customer agrees to bear complete responsibility for such deadlines.
If a Customer requests a domain name registration or renewal that requires a transfer from one registrar or reseller to another, the Customer is solely and completely responsible for compliance with any registrar or reseller terms, conditions, procedures and/or policies in connection with the request. Bitcanal shall have no liability or responsibility resulting from a delay, inconvenience or expiration of a domain name as a consequence of the Customer's failure to comply with such terms, conditions, procedures and/or policies.
While Bitcanal will assist you in any way reasonable, we are not responsible for ensuring your domain name is transferred to our Registrar or pointed to our servers. During the domain transfer process, Customer is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly.
LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial registration of your domain name. Bitcanal and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
1. IN THIS REGISTRATION AGREEMENT ("Agreement"), "Registrant", "you" and "your" refers to the Registrant of each domain name registration, "we", "us" and "our" refers, and "Services" refers to the domain name registration services provided by us as offered through Bitcanal, the Registration Service Provider ("Reseller"). Any reference to a "registry," "Registry" or "Registry Operator" shall refer to the registry administrator of the applicable TLD or ccTLD. This Agreement explains our obligations to you, and explains your obligations to us for the Services. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by a registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name registration, even if an inquiry indicates that a domain name is available at the time of your application for same. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly to be used, infringes upon the legal rights of a third party and further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose. During the period following registration of a domain name and the appointment of active name servers, we may post a stagnant web page and any revenues generated from same shall be for our own account.
3. FEES. As consideration for the Services, you agree to pay Reseller the applicable service(s) fees prior to the effectiveness of a desired domain name registration or any renewal thereof. All fees payable hereunder are non-refundable even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both Bitcanl and each registry reserves the right to terminate your domain name registration if: (i) information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a breach of this Section 3 will constitute a material breach of our Agreement, which will entitle either us or a registry to terminate this Agreement immediately upon such breach without any refund and without notice to you.
4. TERM. This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that Bitcanal may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. All amendments to this Agreement will be posted on our website. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the Account Identifier and Password that you selected when you opened your account with us. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.
7. NO GUARANTY. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.
8. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the dispute policy adopted by the applicable registry. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable policy. If Bitcanal is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Bitcanal may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) Bitcanal is directed to do so by the judicial or administrative body, or (ii) Bitcanal receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, Bitcanal may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Bitcanal, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Bitcanal, registry, ICANN or government-adopted policy, (1) to correct mistakes by us or a registry in registering the name or (2) for the resolution of disputes concerning the domain name.
10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you will secure the agreement of any third party to the terms and conditions in this Agreement.
11. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial registration of your domain name. Bitcanal and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
13. INDEMNITY. You agree to release, indemnify, and hold Bitcanal, its contractors, agents, employees, officers, directors and affiliates, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name, whether used by yourself, licensed to a third party or pursuant to the Whois Privacy Service, including without limitation infringement by you or a third party with access to your Account Identifier and Password. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as Registrant on the Whois shall be the registered name holder. The person named as administrative contact at the time the controlling account identifier and password are secured shall be deemed the designate of the Registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the "Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
15. RENEWALS AND FORFEITURE. Domain names are registered for a finite period of time. You will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name. In the event that you fail to renew your domain name in a timely fashion, your registration will expire and we may, at our discretion, elect to assume the registration and may hold it for our own account, delete it or we may sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be made available for registration by a third party.
If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This parked or default page may feature advertisements posted by us for our own account.
If we have elected to renew the registration, you will be entitled to a grace period during which you may re-register the domain name from us. Additional costs may apply. During this grace period, we may post a parked page and/or may revise the "Whois" registration records to include either our information or that of your Reseller. The domain name may also be listed for auction. If the name is sold during any such auction, it will be acquired by a third party on a provisional basis and will remain available for re-registration by you during our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded.
If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.
16. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim 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. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein. 18. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:
For more information on the .biz restrictions, which are incorporated herein by reference, please see:http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and e-mail usage. This includes, but is not limited to the Acceptable Use Policy, available athttp://www.nic.name/downloads/aup.pdf as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use e-mail forwarding:
31.1 .at Domains.
In the case of a ".at" registration, the following terms and conditions will apply: Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.nic.at/en/service/legal_information/terms_conditions/. You are responsible for monitoring the Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
31.2 .be Domains.
In the case of a ".be" registration, the following terms and conditions will apply:
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Ebonyhorizon Telecomunicações, S.A. ("Bitcanal") maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").
It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm
You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:
Your privacy is very important to Bitcanal, Inc. ("Bitcanal"). We want to make your experience using our services and on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet's vast array of information, tools and opportunities with complete confidence.
Bitcanal collects information in different ways from Visitors and Users who access the various parts of our Services and the network of Web sites accessible through our Services. We use this information primarily to provide a customized experience as You use our Services and, generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required or permitted by law or other special cases described below.
Users are asked to provide certain personal information when they sign up for our Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. Users are asked to complete an online form that collects information about demographics, product usage and preferences, along with other information that will help us improve our products and services. The personal information collected from Users through these forms is used to manage each User's account (such as for billing purposes) and provide Users with information about services that may be of interest to them. This information is not shared with third parties, unless specifically stated otherwise or in special circumstances. However, in instances where Bitcanal and a partner jointly promote the Services, Bitcanal may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In this instance, personal information may not be used by the partner for any other purpose. Bitcanal may also generate non-identifying and aggregate profiles from personal information Users provide during registration (such as the total number, but not the names, of Users). As explained in more detail below, we may in certain instances use this aggregated and non-identifying information to sell advertisements that appear on the Services.
In certain jurisdictions, domain name registration information legally has to be available to the public. Where domain name registration information is available to the public, anyone can access it through "WHOIS" searches. The WHOIS database is a publicly accessible database that lists the domain name and contact information of each registrant. The domain name registration you provide is hosted by us to the public. At times, our Users may receive solicitations that result from searches of the publicly available WHOIS database conducted by other companies or individuals. However, the solicitation and/or SPAM they receive does not in any way come from Bitcanal.
Some products and services are offered to Visitors and Users in conjunction with a partner (e.g., domain registration and for joint promotions, as described in paragraph 2 above). To provide Visitors and Users with some of these products and services, the partner may need to collect and maintain personal information. In these instances, we will provide such data collected or transferred to our Partners and Sponsors. Additionally, many Bitcanal Users have co-branded pages that are co-sponsored by non-affiliated partners. Bitcanal will share non-identifying and aggregate information (except as described above), but not personally identifiable information of individual Users, with such partners in order to administer the co-branded products or services offered.
Bitcanal does not share personally identifiable information about its individual Visitors or Users with advertisers. Bitcanal may display online advertisements and may share aggregated and non-identifying information about our Visitors and Users collected through the registration process, as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For instance, an advertiser tells us the audience they want to reach (for example, males between 25 and 55 years of age) and provides us an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience.
When Visitors or Users send e-mail inquiries to Bitcanal, the return e-mail address (and other personal information provided in the inquiry) is used to answer the e-mail inquiry we receive. Bitcanal does not use the return e-mail address for any other purpose and does not share the return e-mail address with any third party.
We may periodically conduct both business and individual customer surveys. We encourage our Users to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party. Participation in our customer surveys is voluntary. We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other Bitcanal Users to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties. Unless otherwise noted in the survey invitation or the survey itself, Users have the option of completing surveys anonymously or providing us with contact information. We may use the contact information to follow up with Users based on the answers they provide. We may also contact you to highlight the changes we have made in response to feedback.
We may transfer (or otherwise make available) your personal information to our affiliates and other third parties who provide services on our behalf. For example, as discussed above, we may use service providers to authorize and process payments, administer surveys, and run our promotions. Your personal information may be maintained and processed by our affiliates and other third party service providers in the US or other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.
We may transfer your personal information as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Bitcanal as part of a corporate reorganization or stock sale or other change in corporate control.
It is Bitcanal's policy not to use or share the personal information about Visitors of Users in ways unrelated to the ones described above without your consent. However, Bitcanal, or our service providers, may disclose personal information about Visitors or Users, or information regarding your use of the Services or Web sites accessible through our Services, for any reason, in our sole discretion to comply with US, Canadian or other laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests or demands for such information; in response to a search warrant or other legally valid inquiry or order; to an investigative body in the case of a breach of an agreement or contravention of law; to disclose information that is necessary to identify, contact, or bring legal action against someone who, for example, may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; to protect Bitcanal and our Users; or as otherwise permitted or required by law.
We use information gathered from our site statistics (for example, User IP addresses) to help diagnose problems with our servers, and to administer our Web site. We also gather broad demographic information from this data to help us improve our site and make your browsing and purchasing experience more enjoyable.
Please remember that any information you may disclose in our User Directory, Spotlights/case studies, testimonials, Forums, or other public areas of our Web sites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.
We have implemented measures designed to protect personal information in our custody and control. We maintain reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party, despite our best efforts.
Your online access to certain personal information may be protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages).
Data related to the services will be maintained in the US. We have personal information retention processes designed to retain personal information of our customers for no longer than necessary for the purposes stated above or to otherwise meet legal requirements.
You have the right to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies in your personal information we have in our custody or control by accessing your personal profile in your account or by contacting support via email, phone or online chat.. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.
To ensure you receive the information you need to manage your account and protect your privacy, please be sure to keep your contact and billing information up to date. You can update all account-related information directly through your vDeck. Alternatively, you can contact Bitcanal Support by phone or through our online support form.
User Service, Bitcanal.com
Rua 28 de Janeiro, 335 – Edifício X
4400-350 Vila Nova de Gaia
When you become a User of Bitcanal, You are automatically subscribed to receive notices about Your account, e-mail newsletters and news of special promotions offered through Bitcanal and/or in conjunction with partners.
To unsubscribe from Bitcanal newsletters and promotional mailings, please update your preferences with our subscription settings tool or e-mail us at Bitcanal Support. If you would like to cancel a Bitcanal membership completely, please contact Bitcanal Support through our online support form.
During the registration process, you are provided with the opportunity to opt out of receiving marketing and promotional communications from Bitcanal and our partners that are not directly related to the services we provide. Bitcanal, its affiliates or partners may use the information associated with your account to contact you with these special offers.
Please note: Bitcanal reserves the right to send e-mail communications relating directly to their accounts to all active members.
Bitcanal reserves the right to revise, amend, or modify this policy, and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Terms of Service.
Ebonyhorizon Telecomunicações S.A. ("Bitcanal") supports the protection of intellectual property. Therefore, we have established the following policies regarding copyright infringement claims.
Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes. Please see http://www.icann.org/udrp/udrp.htm.
To notify Bitcanal that there has been a copyright or trademark violation, please follow the specific instructions below for filing a copyright complaint.
If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy below.
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Bitcanal.com. ("Bitcanal") system or Web site should be sent ONLY to our Designated Agent.
NOTE: the following information is provided solely for notifying Bitcanal that your copyrighted material may have been infringed.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
Rua 28 de Janeiro, 350 Edifício X
4400-350 Vila Nova de Gaia - Portugal
Phone: (351) 220 915 985 (M-F 9am - 5:30pm GMT) E-mail: email@example.com
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # 781-998-8277). DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include ALL of the following:
Upon receipt of notification of a claimed infringement, Bitcanal will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, regardless of whether the material or activity is ultimately determined to be infringing; if selective action is not possible, Bitcanal will suspend or cancel the alleged infringer's Internet access.
Bitcanal will also take reasonable steps to promptly notify the alleged infringer in writing or by e-mail of the claim against him or her, and that it has removed or disabled access to the material or suspend or cancel Internet access (see Sections 512(c)(1)(C) and (g) of the DMCA).
Upon receipt of notice from Bitcanal that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, the Subscriber may provide a Counter Notification.
To be effective, a Counter Notification must meet ALL of the following requirements:
Upon receipt of a Counter Notification from the User containing the information as outlined above, Bitcanal will:
CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.