Privacy Policy

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

Terms of Services - FREE Hosting

PLEASE READ THOROUGHLY THIS DOCUMENT TO AVOID FURTHER MISUNDERSTANDINGS AND EVEN TERMINATION OF SERVICE!

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

YOU MUST understand and agree that the Service is provided "AS-IS" and that XanDreams Free Hosting assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Customer communications, data or personalization settings.

1. XanDreams Free Hosting HOSTING SERVICES:
   
   
   1. MONTHLY TRAFFIC. The Customer can use data traffic according to the hosting plan\'s monthly traffic allotment and can also purchase additional traffic.
      
      
   2. DOMAINS HOSTED. XanDreams Free Hosting - Web Hosting Services include domain hosting. The Customer can host as many domains as he/she is allowed by his hosting plan and/or upgrade with XanDreams Free Hosting
      
      
   3. DISK SPACE. The Customer has a Disk space quota for his/her account according to his selected hosting plan and/or upgrade.
      
      
   4. SERVER RESOURCES UTILIZATION. The Customer MUST understand that his account is located on a shared hosting server setup and he must not use excessive system resources that might deteriorate the server\'s performance and degrade the quality of service for other users. EXCESSIVE or MALICIOUS system resources USAGE will result in IMMEDIATE ACCOUNT TERMINATION WITHOUT ANY REFUND.
      
      
   5. ACCOUNTS. The Customer has the right of one free account and as many as he needs paid such with XanDreams Free Hosting - Web Hosting Services. Every new free account added by one unique Customer will be deleted upon inspection and our sole discretion unless The Customer gets in contact with an XanDreams Free Hosting representative.
      
      
   6. 1. The Customer is responsible for building and updating his/her web page, and regularly backing up any related data.
         
         
      2. XanDreams Free Hosting free hosted sites MAY be used as an entry to a non-XanDreams Free Hosting hosted site ONLY if the user is not automatically redirected to the non-XanDreams Free Hosting hosted site
         
         
      3. FTP Usage
         
         - FTP access is provided for the purposes of uploading content, maintaining content, and downloading content for backup purposes only. It is not to be used for the distribution of files.
         
         - FTP usage for webcam purposes is STRICTLY FORBIDDEN.
         
         - All free accounts have upload file size limit of 500KB!
         
         - XanDreams Free Hosting reserves the right to revoke or restrict any FTP access and/or remove any web site for improper or excessive FTP usage.
         
         
         
      4. SCRIPTING Languages - The usage of PHP/PERL/CGI/etc. and MySQL for the following including but not limited to: running BOTS, IRC servers, online chats, link exchange systems, web crawlers, conducting attacks against third party systems is STRICTLY FORBIDDEN and such USAGE will result in IMMEDIATE ACCOUNT TERMINATION WITHOUT ANY REFUND even if has upgrade over the free account.
         
         - XanDreams Free Hosting reserves the right to revoke or restrict any SCRIPTING Languages access and/or remove any web site or even account for improper or excessive SCRIPTING Languages utilization.
         
         
      5. . Hotlinking is restricted and forbidden on XanDreams Free Hosting
         
         
      6. The following file types are restricted from uploading on XanDreams Free Hosting free web hosting - .htacl, .htaclu, .avi, .mov, .mp2, .mp3, .mpeg, .ram, .asf, .quota, .vbs, .shs, .scr, .exe, .cmd, .torrent, .wmv, .wma, .rm, .zip, .htacl, .htaclu, .avi, .mov, .mp2, .mp3, .mpeg, .ram, .asf, .quota, .vbs, .shs, .scr, .exe, .cmd, .torrent, .wmv, .wma, .rm, .zip, .rar, .gz, .tgz
         
         
      7. XanDreams Free Hosting reserves the right to place advertisement on user\'s pages on its sole discretion at any time without notice.
         
         
      8. The following PHP functions are disabled on XanDreams Free Hosting due to system/security reasons: allow_url_fopen, fsockopen, pfsockpen, getrusage, get_current_user, set_time_limit, getmyuid, getmypid, dl, leak, listen, chown, chgrp, realpath, link.
         
   
   
   
2. NO UNLAWFUL OR PROHIBITED USE
   As a condition of your use of the XanDreams Free Hosting Services, YOU will not use the XanDreams Free Hosting Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. YOU may not attempt to gain unauthorized access to any XanDreams Free Hosting Services, other accounts, computer systems or networks connected to any XanDreams Free Hosting Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the XanDreams Free Hosting Services.
   
   XanDreams Free Hosting reserves the right at all times to disclose any information as XanDreams Free Hosting deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in XanDreams Free Hosting`s sole discretion.
   
   Report violations of the Terms of Services to abuse@supportindeed.com
   
   
3. THIRD PARTY
   Any dealings with third parties (including advertisers) included within the XanDreams Free Hosting Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. XanDreams Free Hosting shall not be responsible or liable for any part of any such dealings or promotions.
   
   
4. TERMINATION
   YOU agree that XanDreams Free Hosting, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
   
   
5. YOUR RESPONSIBILITIES
   YOU are solely responsible for the content of your web pages, messages or data you upload or your sites\'s users upload, thus on XanDreams Free Hosting servers. Using the XanDreams Free Hosting Service in connection with surveys, contests, pyramid schemes [HYIP], chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
   
   In consideration of your use of the Service, YOU agree to:
   
   
   1. Provide true, accurate, current and complete information about yourself as prompted by the Service`s registration form
      
      
   2. Maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If YOU provide any information that is untrue, inaccurate, not current or incomplete, or XanDreams Free Hosting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, XanDreams Free Hosting has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
      
      
   3. YOU will receive a password and account designation upon completing the Service`s registration process. YOU are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account YOU agree to:
      
      - immediately notify XanDreams Free Hosting of any unauthorized use of your password or account or any other breach of security
      
      - ensure that you exit from your account at the end of each session.
      
      - refrain posting, disclosing, providing, selling or offering to sell the password and account provided by XanDreams Free Hosting to any third parties
      
      XanDreams Free Hosting cannot and will not be liable for any loss or damage arising from your failure to comply with this
      
      
   4. Any Customer in violation of system or network security and/or enormously overloading/over flooding the server\'s utilization is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, rootkit or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
      
      
   5. Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
      
      
   6. XanDreams Free Hosting does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
      
      - infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;
      
      - violate any law, statute, ordinance or regulation;
      
      - are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
      
      - contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another`s computer or property of another;
      
      - contain Proxy, Pirated or Hacking / Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction; Torent sites or links to Torent sites;
      
      - has Adult Sites (content) - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
      
      
   7. YOU acknowledge and agree that based on its sole discretion XanDreams Free Hosting might filter abusive words and/or links due to security reasons (i.e. words or links of PayPal, eBay, AOL, Amazon [not limited to]).
      
      
   8. Use of phishing or mimic sites are strictly prohibited on XanDreams Free Hosting, any user suspected in such activity will be terminated WITHOUT refund and a legal action will be started to the final extend of the law.
      
      
   9. YOU completely agree and understand that by sighing up for XanDreams Free Hosting you might receive system notification emails and newsletters.
      
      
   10. YOU acknowledge and agree that XanDreams Free Hosting might change this Terms of Services without notice and you are solely responsible to check for such changes, follow up and comply with them.
       
   
   
   
6. SPAMMING IS PROHIBITED
   We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
   
   - Advertising of your XanDreams Free Hosting hosted site using Unsolicited Email (spam) is strictly prohibited and your account will be removed immediately if involved in any type of spam activity;
   
   - The bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients;
   
   - The sending of junk mail;
   
   - The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
   
   - Posting commercial ads to USENET newsgroups that do not permit it;
   
   - Posting articles containing binary encoded data to a non-binary newsgroups;
   
   - Excessive and repeated posting off-topic messages to newsgroups;
   
   - Excessive and repeated cross-posting;
   
   - E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;
   
   - The e-mailing of age- inappropriate communications or content to anyone under the age of 18;
   
   
7. COPYRIGHTS
   Copyrighted material must not be placed on Customer`s account without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may upload copyrighted material to the account. Upon our receipt of notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.
   
   
8. MISCELLANEOUS
   
   1. XanDreams Free Hosting cannot be held responsible for the content of pages hosted under our service. XanDreams Free Hosting does not review pages for content before they are posted, and does not verify, endorse or otherwise take responsibility for the contents of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their web site.
      
      
   2. XanDreams Free Hosting may terminate user accounts at any time, without notice for conduct that violates these guidelines, or for any other reason, and may terminate user accounts and delete any and all user information for conduct that XanDreams Free Hosting believes is harmful to the business of XanDreams Free Hosting, or any of its users, or partners. Pages found in violation of these items may be subject to immediate deletion and removal from our servers, and their webmasters subject to banishment from the XanDreams Free Hosting network. The following is a non-exclusive list of content and behaviors that are UNACCEPTABLE on XanDreams Free Hosting.
      
      
      1. Content that contains or contains links to: nudity, pornography, adult content, sex, extreme violence, or foul language.
         
         
      2. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, whether for educational purposes or not.
         
         
      3. Content that has been promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Users who utilize XanDreams Free Hosting resources, including e-mail addresses, for spam are also subject to prosecution to the fullest extent of the law.
         
         
      4. Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.
         
         
      5. Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
         
         
      6. Storage of log files or non-HTML content, or any use of space that circumvents the display of advertising.
         
         
      7. Having password-only, hidden, or restricted access pages (all Web pages must be accessible to the Internet community at large).
         
         
      8. Sites that exploit images of children under 18 years of age.
         
         
      9. Binary files, downloads, etc. that are not linked to an HTML page on the user`s site, such that an advertising banner is displayed. Links back to files on a user`s XanDreams Free Hosting page from other sites must also link first to an HTML page on XanDreams Free Hosting, which then links to the binary files.
         
         
      10. Content that contains, links to, or participates in pyramid schemes [HYIP], gambling, raffles, lotteries, and so forth.
          
          
      11. Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
          
          
      12. Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others` property, or to harm any people or animals.
          
          
      13. Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual passworking of Member sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.
          
          
   3. XanDreams Free Hosting provides space for hosting Web pages but makes no implied or express warranties about the reliability of this space or related services. XanDreams Free Hosting is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons. XanDreams Free Hosting makes no guarantees about server reliability, speed, or consistency, and cannot be held liable for such.
      
      
      1. Users are responsible for regularly monitoring and creating backups of their own files, and agree to use the XanDreams Free Hosting resources and infrastructure at their own risk. This service is provided on an "as is" basis without warranties of any kind, either expressed or implied. Neither XanDreams Free Hosting nor its partners makes any warranty with respect to any content, information, services, or products provided through or in conjunction with this free service.
         
         
      2. XanDreams Free Hosting and its partners make no guarantee of the accuracy, correctness, or completeness of any information on these Web pages and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by XanDreams Free Hosting.
         
         
      3. XanDreams Free Hosting may also link to or include on its web site resources and information provided by 3rd party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services; it is merely provided to assist you in the creation of your web site and provide added value to our service.
         
         
      4. Because free accounts and its hosted sites are distributed by XanDreams Free Hosting and powered by Attractsoft GmbH, reserves the right to include traffic generated by all web sites it hosts in its overall accounting of page views, unique users, and other usage measures. This includes providing web traffic measurement companies with all URLs distributed by XanDreams Free Hosting and powered by Attractsoft GmbH for use in their projection of Attractsoft GmbH associated overall traffic.
         

Terms of Services - PAID Hosting

The service that is subject to the following agreement is distributed by XanDreams Free Hosting and provided by Attractsoft GmbH!

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

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

XanDreams Free Hosting PAID SERVICES:

1. SERVICE AGREEMENT
   XanDreams Free Hosting shall provide its Services to YOU [the Client] under the Terms of Services [Agreement]. The Agreement is intended to keep the integrity of both XanDreams Free Hosting and the Client and to protect both parties from liability. This Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
   
   By completing the Order Form and any other documents or agreements additionally specified in this Agreement, the Agreement constitutes the whole act of convention between XanDreams Free Hosting and the Client, thus being the most significant document of the established relationship. In case that a court of competent jurisdiction considers that any of the Agreement\'s provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.
   
   Client\'s side of the Agreement could be presented by: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state\'s law system. If a person represents the Client for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.
   
   YOU understand and agree that the Service is provided "AS-IS" and that XanDreams Free Hosting assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Client communication or personalization settings.
   
   
2. XanDreams Free Hosting HOSTING SERVICES
   
   
   1. Bandwidth - Each hosting plan include prepaid bandwidth. Additional bandwidth is also available upon purchase. Contact sales department for more information. This bandwidth must be prepaid before using or otherwise the account will be suspended due overbandwidth usage.
      
      
   2. Domains Hosted - XanDreams Free Hosting hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted. For more information of the different plans refer to our web site.
      
      
   3. Domain Registration - Available at discounted price only with purchasing web hosting account(s). Free domain name registration applies to .com, .net, .org, .us, .biz and .info domain names for the first year of registration only. Each web hosting account can use a maximum of one discounted domain name. Please note that domain registrations are final and can not be refunded. In case of upgrade - FREE to paid plan or upgrade - paid plan to paid plan with more features a FREE domain name registration is not included.
      
      
   4. Disk Space - Additional disk space is available. Payment is accepted only in advance per year. Contact our sales department for more information.
      
      
   5. IP Address - XanDreams Free Hosting hosting accounts do not include private IP address. Since YOU want to buy shared hosting a shared IP will be available for your hosting account. However if you need private IP, please contact Sales Department.
      
      
   6. MySQL Database(s) - Are included in all hosting plans. Please observe the the plan comparison page on our web site. For further information contact our sales department.
      
      
   7. MySQL Database(Quota) - The allocated MySQL quota per database depends on the hosting plan. Please observe the plan comparison page on our web site. Additional MySQL database storage is available. Contact sales for pricing.
      
      
   8. SSH - Secured Shell access depends on the hosting plan. For reference please observe the plan comparison page on our web site.
      
      
3. BACKGROUND OPERATIONS/ADD-ONS SERVICES
   
   For all paid hosting plans XanDreams Free Hosting does offer the following services but not limited to: CronTab service, Quick Script Installer, Mailing list are integrated in the hosting Control Panel! These services are offered and provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS.
   
   Additionaly XanDreams Free Hosting might offer the following ADD-ONS:
   
   XanDreams Free Hosting ADDITIONAL SERVICES - ADD-ONS OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. XanDreams Free Hosting REJECTS ANY IMPLIED WARRANTIES. ANY OF XanDreams Free Hosting\' EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY XanDreams Free Hosting, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
   
   
4. SERVICE GUARANTEES
   
   XanDreams Free Hosting will guarantee 99.8% network uptime and 99.8% network stability uptime. This, however, does not refer to problems araising from:
   
   
   1. Server Hardware Breakdown.
      
      
   2. User error(s) or purposeful interruption(s) of the user service.
      
      
   3. Failures due to software that is not explicitly supported by XanDreams Free Hosting. Consequently, if a hardware crash provoked by the customer happens, XanDreams Free Hosting is beyond the control and responsibility for the resulting downtime.
      
      
   
   
5. ACCOUNT USAGE & HOSTED CONTENT
   
   
   1. Your account content MUST comply with the parameters stated in this Agreement. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a XanDreams Free Hosting representative regarding any inquiries over this matter.
      
      
   2. If any of XanDreams Free Hosting Services are used for the illegal purpose of SPAM, then they will be immediatelly terminated. If unauthorized access is spotted, XanDreams Free Hosting reserves the right to ban without notice the use of any XanDreams Free Hosting hardware or software hosted on a XanDreams Free Hosting server for trying to illegally access another hosted machine or network.
      
      You absolutely agree and understand that by breaking this paragraph and generally this agreement your account will be closed without notice and no refund will be issued. A charge back of the amount will be prosecuted legally by XanDreams Free Hosting legal advisers to the final extend of the law.
      
   
   
6. MONEY BACK GUARANTEE
   
   XanDreams Free Hosting offers a 30-day money back guarantee. If you are not satisfied with our hosting service within the time frame of 30 days after you purchased the account, you need to contact our sales department and you will receive a full refund for your hosting plan. However, please note that hosting account upgrades and renewals are not applicable to refund. Any domain registrations are final, do not include any money back guarantee and will be subject to $19.95 USD per year.
   
   
7. PAYMENT AND CHARGEBACKS
   
   All customers should abide by the following verification procedure.
   
   
   1. Services are distibuted by XanDreams Free Hosting and provided by AttractSoft GmbH. By sining up for these services provided by AttractSoft GmbH you agree that you will be charged the respective amount for these services by CompuTop PayGate (http://www.computop.de/) under vendor name AttractSoft GmbH. When signing up for a web hosting service with XanDreams Free Hosting, customers agree to all specified Terms in this document. Thus, XanDreams Free Hosting will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.
      
      
   2. XanDreams Free Hosting will charge customers with fees based on the fee structure at the time of the sign-up process. XanDreams Free Hosting reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list may differ from the pricing and features of the customer's account.
      
      
   3. When signing up for a hosting account with XanDreams Free Hosting, the customer agrees to pay for the period of one year (365 days). All upgrades to an existing free or paid account are paid by the client based on the period stated in client's Control Panel, Upgrades menu, Completed Upgrades section. Credit card accounts will be automatically renewed unless notified prior to expiration date of service.
      
      Chargebacks are not accepted as a way of refunding. Any client who provokes a credit card chargeback of an order will be subject to collections and legal action. He/she will be charged $30.00 USD, because when signing up with XanDreams Free Hosting, customers accept these terms and conditions, thus agreeing to observe them strictly.
      
   
   
8. WARRANTIES AND REPRESENTATIONS
   
   XanDreams Free Hosting provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers\' hosting with XanDreams Free Hosting confronts with service interruption issues.
   
   
9. NO UNLAWFUL OR PROHIBITED USE
   
   As a condition of your use of the XanDreams Free Hosting Services, you will not use the XanDreams Free Hosting Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any XanDreams Free Hosting Services, other accounts, computer systems or networks connected to any XanDreams Free Hosting Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the XanDreams Free Hosting Services.
   
   XanDreams Free Hosting reserves the right at all times to disclose any information as XanDreams Free Hosting deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in XanDreams Free Hosting`s sole discretion.
   
   
10. THIRD PARTY
    
    Any dealings with third parties (including advertisers) included within the XanDreams Free Hosting Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. XanDreams Free Hosting shall not be responsible or liable for any part of any such dealings or promotions.
    
    
11. TERMINATION
    
    You agree that XanDreams Free Hosting, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
    
    
12. YOUR RESPONSIBILITIES
    
    You are solely responsible for the content of your web pages, messages or data you upload or your site\'s users upload, thus on XanDreams Free Hosting servers. Using the XanDreams Free Hosting Service in connection with surveys, contests, pyramid schemes [HYIP], chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
    
    In consideration of your use of the Service, you agree to:
    
    
    1. Provide true, accurate, current and complete information about yourself as prompted by the Service`s registration form
       
       
    2. Maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or XanDreams Free Hosting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, XanDreams Free Hosting has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
       
       
    3. You will receive a password and account designation upon completing the Service`s registration process and payment process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
       - immediately notify XanDreams Free Hosting of any unauthorized use of your password or account or any other breach of security
       - ensure that you exit from your account at the end of each session.
       - refrain posting, disclosing, providing, selling or offering to sell the password and account provided by XanDreams Free Hosting to any third parties
       
       XanDreams Free Hosting cannot and will not be liable for any loss or damage arising from your failure to comply with this
       
       
    4. Any Customer in violation of system or network security and/or enormously overloading/over flooding the server\'s utilization is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, rookit or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
       
       
    5. Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
       
       
    6. XanDreams Free Hosting does NOT allow sites that provide any content, points of distribution, or \`links\` to sites that:
       - infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;
       - violate any law, statute, ordinance or regulation;
       - are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
       - contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another`s computer or property of another;
       - contain Proxy, Pirated or Hacking / Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction; Torent sites or links to Torent sites;
       - has Adult Sites (content) - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
       
       
    7. Use of phishing or mimic sites are strictly prohibited on XanDreams Free Hosting, any user suspected in such activity will be terminated WITHOUT refund and a legal action will be started to the final extend of the law.
       
       
    8. You acknowledge and agree that XanDreams Free Hosting might change this Terms of Services without notice and you are solely responsible to check for such changes, follow up and comply with them.
       
       
    In conclusion any client not observing the afore mentioned rules is subject to immediate account termination without refund!
    
    
13. CUSTOMER WEBSITE; CUSTOMER WARRANTIES/GUARANTIES
    
    
    1. When buying a hosting plan with XanDreams Free Hosting, customers agree to be fully responsible for the deployment, development, operation and maintenance of their web site, online store and/or e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:
       - the accuracy and relevance of Customer Content and content and material showcased in its store or on its products
       - certainty that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person
       - certainty that the Customer Content and the content and materials appearing in his/her store or on his/her products are not calumnious or somehow illegal. Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. Customer is the one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store.
       
       
    2. Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
       
       
    3. Each Customer guarantees to XanDreams Free Hosting that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to XanDreams Free Hosting that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
       - infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
       - break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers XanDreams Free Hosting to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. XanDreams Free Hosting is granted the right to assess the extent these operations need to be done.
       
       
14. UNSUITABLE BEHAVIOUR
    
    Any indecent abusive or insulting treatment towards a XanDreams Free Hosting employee will be considered inappropriate. Each Customer is anticipated to behave in a well-mannered way with XanDreams Free Hosting employees regarding any requests for help through e-mail, phone e.t.c.. Each Customer should avoid applying any forms of written emotional outburst. Any attempts of uncontrolled behavior will be interpreted as a breach of this Agreement.
    Other acts of treatment towards XanDreams Free Hosting employees that will be considered as unacceptable include any verbal, oral, written or delivered by a second party threats addressing XanDreams Free Hosting or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this Agreement. XanDreams Free Hosting reserves the right if any of the aforemantioned rules are violated to restrict or completly stop access to client\'s account and if further communication is not possible due to continued bad mannered client behaviour even to once and for all stop clien\'t hosting account without issuing a refund!
    
    
15. SPAMMING IS PROHIBITED
    
    We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
    - Advertising of your XanDreams Free Hosting hosted site using Unsolicited Email (spam) is strictly prohibited and your account will be removed immediately if involved in any type of spam activity.
    - the bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients
    - the sending of junk mail
    - the use of distribution lists that include people who have not given specific permission to be included in such distribution process
    - posting commercial ads to USENET newsgroups that do not permit it
    - posting articles containing binary encoded data to a non-binary newsgroups
    - excessive and repeated posting off-topic messages to newsgroups
    - excessive and repeated cross-posting
    - e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive
    - the e-mailing of age- inappropriate communications or content to anyone under the age of 18
    
    
16. ZACKY TOOLS SOURCES MODIFICATION
    
    XanDreams Free Hosting reserves the right to modify the sources of the application installed via ZackyTools to meet speciffic company needs. Such needs may be (but not limited to): - Template modification - Branding modification - Default incoming/outgoing links modification. Such modifcations can be removed and the application reverted to its very default state upon written request (either via a ticket posted or an email to support@supportindeed.com is sent).
    
    
17. ACCOUNT HDD RESOURCES USAGE
    
    Each and every XanDreams Free Hosting Customer agrees not to allocate more than 4999MB of its hosting account space to image and multimedia (.gif, .png, .avi, .mpg, .jpg, .mp3) files. Each and every XanDreams Free Hosting Customer agrees not to allocate more than 4999MB of its hosting account space to archive (.rar, .zip, .tar, .gzip, .iso, .nrg, .cue, .ccd, .img, .sub, .cue) files. Each and every XanDreams Free Hosting Customer agrees not to allocate more than 4999MB of its hosting account space to DB dump backup (.sql, .pgsql, .mssql, .mysql) files. Each and every XanDreams Free Hosting Customer agrees not to allocate more than 4999MB of its hosting account space to .exe, .pdf, .psd, .ppt files.
    
    
18. ACCOUNT DB RESOURCES USAGE
    
    XanDreams Free Hosting provides its Customers with the ability to use MySQL and PostgreSQL database engines. The amount of available databases depends on the package that the Customer has signed up for. The database engines described above should be used by the Customer in a manner that the overall server pefromance is not affected and no downtime is caused due to overusage. In case that a database is detected to use more than the %20 of the shared CPU due to database usage, XanDreams Free Hosting reserves the right to suspend the account associated with the database without any prior warning.
    
    
19. ACCOUNT CPU/RAM RESOURCES USAGE
    
    XanDreams Free Hosting provides its Customers with the ability to use CPU and RAM on shared principle. The resources described above should be used by the Customer in a manner that the overall server pefromance is not affected and no downtime is caused due to overusage. In case that a process is detected to use more than the %20 of the shared CPU/RAM XanDreams Free Hosting reserves the right to suspend the account associated with the process without any prior warning.
    
    
20. FORCE MAJEURE CIRCUMSTANCES
    
    XanDreams Free Hosting will be no liabile in case of failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.
    
    This agreement constitutes and represents the whole act of convention between the parties in regard to the agreement signed between them. It is not subject to any amendments, changes or modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the parties to be charged.
    
    
21. COPYRIGHTS
    
    Copyrighted material must not be placed on Customers\' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.
    
    Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the client\'s account and carry out further procedures if necessary. We will assume no liability to any Client of the Services for the removal of any such material.
    
    

Please report any violations of this Agreement to abuse@supportindeed.com

Domain Names Registration Policy

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

YOU AGREE TO THIS AGREEMENT: By using the Service(s), you agree to all terms and conditions of this Agreement, the UDRP (defined below) and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by ICANN, the registries, and governments.

PASSAGE OF TIME: This Agreement will change over time. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your domain name registration services to another registrar or request of us that we cancel your domain name registration services. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes. Any such revision or change will be binding and effective within 30 days of when the revised Agreement or change to the Service(s) is posted to the website of either the Primary or Backend Service Providers, or 15 days after you view the revised Agreement or 15 days after notification is sent to the e-mail address provided in association with your domain name registration. You agree to review this Agreement periodically to make yourself aware of any such revisions.

YOUR ACCOUNT: You must create an account to use the Services. Your account is typically going to be managed and/or provided by your Primary Service Provider. You are responsible for maintaining and updating all login IDs, passwords, and for all access to and use of your account by you or any third party.

SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S): We and your Primary Service Provider may reject your domain name registration application or elect to discontinue providing Service(s) to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, we and your Primary Service Provider may terminate or suspend the Service(s) at any time for cause, which, without limitation, includes registration of prohibited domain name(s), abuse of the Services, payment irregularities, serious allegations of illegal conduct, or if your use of the Services involves us in a violation of any Internet Service Provider's ("ISP's") acceptable use policies, including the transmission of unsolicited bulk email. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option. If we have grounds to terminate or suspend Service(s) with respect to one domain name or in relation to other Service(s) provided through your account, we may terminate or suspend all Service(s) provided through your account, including Service(s) to other domain names. No fee refund will be made when there is a suspension or termination of Service(s) for cause. At any time and for any reason, we may terminate the Services 30 days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name or risk that we may delete your domain name or suspend or modify Services to it. If we terminate Services for a reason other than cause, we will attempt to refund your fees. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar or registry administrator procedures approved by an ICANN-adopted policy, to correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the resolution of disputes concerning the domain name.

OUR SERVICES: We are accredited registrars with the Internet Corporation for Assigned Names and Numbers ("ICANN") for Top Level Domain Names ("TLDs") (such as .com, .net, .org, .de, co.uk, etc.). ICANN oversees registrations and other aspects of the TLDs. Domain name registrations are not effective until the registry administrator puts them into effect. For a list of registry administrators and for more information on TLDs, see HYPERLINK http://www.icann.org/tlds/. Domain name registrations are only for limited terms, terms which end on the expiration date. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry; for domain names registrations which were not returned to the available namespace, the term begins on the date the previous registrant's domain name registration was acknowledged by the applicable registry. You agree that we and your Primary Service Provider are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration (our limitation of liability is explained further, below). You further agree that domain name registration is a service, that domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that domain name registration services do not create a property interest.

YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY CLAIM(S). You further agree to indemnify, defend and hold harmless us, your Primary Service Provider, and applicable registry administrator(s) (including Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties' directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, the domain name registration services you are obtaining from us.

NOT INCLUDED IN THE SERVICES: Without limitation, the following are not included in the Services: We cannot and do not check to see whether the domain name(s) you select, or the use you make of the domain name(s), or other of the Service(s), infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use infringes legal rights of others. We might be ordered by a court to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. We will comply with court orders unless you contact us to contest the order.

IF LAWSUIT(S) ARE THREATENED: If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney's fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.

DISPUTE RESOLUTION POLICY: You agree to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm . You agree that the UDRP may be changed by ICANN (or ICANN's successor) at any time. 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 in effect at the time your domain name registration is disputed by the third party. You also 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 of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.

FEES: As consideration for the Service(s), renewal of the Service(s), and, if you select it, automatic renewal of the Service(s), you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.

CREDIT CARD AND OTHER CHARGES: If you have an issue with credit card charges, you should contact your Primary Service Provider (if any), first, and us, secondarily, regarding the issue before you contact your credit card company to request a charge back or reversal of the charges. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s), you agree that we and/or your Primary Service Provider may suspend access to any and all accounts you have with us and/or your Primary Service Provider and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our systems and/or on the systems of your Primary Service Provider shall be assumed by us or your Primary Service Provider, as the case may be. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our then-current reinstatement fee, currently set at $200(US Dollars). Reinstatement of Service(s) by your Primary Service Provider may be according to the terms, if any, between you and your Primary Service Provider relating to reinstatement. Charges for the Service(s) which use our credit card payment processor will be identified on your credit card statement as "Domain Name Registration." We are not responsible for how charges appear on your credit card statement when the transaction is processed by your Primary Service Provider's or another third party's credit card payment processor.

EXPIRATION AND RENEWAL OF SERVICE(S): You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we and/or your Primary Service Provider may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully. *please note: for certain TLDs, the automatic renewal option is not available

ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION: As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s). You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed. Not providing requested information may prevent you from obtaining all Service(s). You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase "Name Only" Services, you agree that we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from "Name Only" Services.

YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION: In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, you represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained the third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. By registering a domain name or applying for other Service(s) you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. You further agree that your failure to respond for over ten (10) calendar days to inquiries by us concerning the accuracy of account and WHOIS contact information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Service(s) to you. As indicated elsewhere in this Agreement, you understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), you may loose your rights to the domain name(s) or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction therewith.

ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY: In order to change any of your account or domain name WHOIS information, you must access your account with your Primary Service Provider (if any), or your account with us. Please safeguard your account login identifier and password from any unauthorized use. You agree that any person in possession of you account login identifier and password will have the ability and your authorization to modify your account and domain name information. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. You agree that, if we take reasonable precautions in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact us alleging that a third party has unauthorized access to your account or domain names, you agree that we may charge you administrative fees of $50 (US dollars) per hour for our time spent in relation to the matter, regardless of whether or not we return control over the account and/or domain names to you.

TRANSFERS: You agree that transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a "Registrar Lock" on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed. To transfer your domain name(s) you should first login to your account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is required to transfer domain services in an EPP registry (such as .org). Alternatively, you should contact your Primary Service Provider to have your domain name(s) services locked or unlocked or to obtain the EPP "AuthCode." If your Primary Service Provider is unresponsive, you may contact us to have your domain name(s) locked or unlocked or to obtain the EPP "AuthCode" though we may first contact your Primary Service Provider to request that the Primary Service Provider address the request. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and loosing registrars as outlined in ICANN's transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.

PRIVACY POLICY: You agree and consent that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws. One of the ways that we may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us. Please click here if you would like your WHOIS information made available for bulk access. We reserve the right to discontinue providing bulk WHOIS data access to third parties.

OWNERSHIP OF INFORMATION AND DATA: You agree and acknowledge that we own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.

AGENTS AND LICENSES: You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.

USE OF FREE SERVICES: In consideration for providing additional optional Services for which we do not charge an additional fee, including, but not limited to, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other services which we may introduce from time to time but for which there is not a separate fee ("Free Services"), you agree that, if you use such Free Services, we may display advertising in conjunction therewith through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, appendices to emails, or other similar advertising means, and that we may aggregate related usage data by means of cookies and other similar means. You agree that from time to time we may provide you with free or low-cost domain name(s) services ("Promotional Name(s)"). If we do so, the services for the Promotional Name(s) will be placed in the same account as your other domain name(s) and you will be listed as the registrant, though we may point the Promotional Name to IP address(es)of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and agree to the terms of this Agreement with respect to such Promotional Name(s). If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and we will be listed as the domain name registrant. Alternatively, you may contact us or your Primary Service Provider to request that we delete the Promotional Name from the namespace. For any domain name services, including these Promotional Names, for which you are listed as registrant but for which you do not pay the registration or renewal fee, you agree that we may assign name-servers to the domain name and point the domain name to IP address(es) designated by us until the registration or renewal fee is paid.

AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION: Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry's database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.

Reactivation Period Process. For a period of approximately 30 days after expiration of the term of domain name registration services, you acknowledge that we may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, called the "reactivation period." You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a reactivation period and that we shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which we and your Primary Service Provider may determine. You acknowledge and agree that we may make expired domain name services(s) available to third parties, that we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.

After the reactivation period, you agree that we may either (i) discontinue the domain name registration services at any time thereafter, (ii) that we may pay the registry's registration fee or otherwise provide for the registration services to be continued, or, (iii) if we auctioned the domain name services to a third party, that we may transfer the domain name registration services to such third party.

In the case of (i), above, you acknowledge that certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the "Redemption Grace Period" ("RGP"). You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in the RGP process with respect to any or all of your domain name registration services and that we shall not be liable therefore. If available, RGP typically ends between 30 and 42 days after the end of the reactivation period of the domain name services, as the reactivation period applied to you. The typical RGP fee is $160 plus any registration fees. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued.

In the case of (ii), above, you acknowledge that we may then set the name-servers and the DNS settings for the domain name services, that we set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and you acknowledge that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result. You agree that we are not obliged to contact you to alert you that the domain name registration services are being continued. In this case, the domain name will be designated as being in the extended redemption grace period ("ERGP"), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay a fee of $160 (US dollars) plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services.

In the case of (iii), above, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services for a period of up to 42 days after the end of the reactivation period, as such reactivation period applied to you. You agree that we are not obliged to contact you to alert you that the domain name registration services are or were auctioned. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result of such an auction. To exercise your rights to recover auctioned domain name services, you must contact us and provide us with a certified letter addressed to "Expiration Recovery" and including documents setting forth your identity and address, which identity and address must be the same as that of the registrant as it was listed in the WHOIS information for the domain name services prior to expiration, a copy of a commonly accepted (in the United States) picture ID (such as a drivers license or passport) which supports your identity and address claim, a front and back photocopy of your credit card and you must a statement authorizing payment of the reinstatement fee to such credit card, which is $160 plus any registration fees. In doing so, you must provide us with sufficient time to allow us to receive and evaluate your documents and to contact the auction winner prior to the end of 30 days after the end of the reactivation period of the domain name services.

LIMITATION OF LIABILITY:

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL BE LIABLE FOR 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 OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00 US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNITY: With respect to ICANN, the registry operators, us, and your Primary Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification required under the UDRP.

REPRESENTATIONS AND WARRANTIES: YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL 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 OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED B