BEZA.NET Service Agreement
This website is controlled and operated by BEZA.NET from its offices within the United States. BEZA.NET makes no representation that the Products or Services, accessed through this website are appropriate or legally available for use in other locations. Those who choose to access the Products, Services, or the website from other locations do so of their own volition and are responsible for compliance with applicable local laws.
Individuals, organizations, and businesses located in countries subject to United States embargoes as well as any person, listed on the U.S. Treasury Department's list of Specially Designated Nationals, or listed on U.S. Commerce Department's Table of Denial Order or Entities List may not enter into agreements associated with the Products or Services available from Beza.net. By placing your order with Beza.net, you acknowledge that you are not such a person, organization or business.
HOSTING AND DNR AGREEMENT
This Hosting and DNR Agreement ("Agreement") is between the party placing the order for the Services (as defined below) or on whose behalf such order is placed by its authorized representative (the "Customer") and Beza.net ("Beza.net") and governs the hosting, related internet connectivity and/or other services (including, without limitation, domain name registration services ("DNR Services")) (collectively, the "Services") specified in the service order form completed by or on behalf of Customer in connection herewith (as the same may be amended and supplemented from time to time by the parties hereto, the "Service Order"), which Service Order is incorporated herein by this reference.
1. Beza.net shall provide the Services as set forth herein and Customer shall pay the fees for the Services as specified on the Service Order. Payment is due for the initial term of the Services (as specified on the Service Order) when Customer places the order, and payment is due for each renewal term of the Services on the date specified in the applicable renewal notice from Beza.net (each, the "Due Date"). Amounts unpaid after the applicable Due Date shall accrue interest at the lesser of 1.5% per month and the maximum lawful rate ("Interest Rate"). Beza.net reserves the right to suspend or terminate Services to any account in payment default, which suspension or termination (irrespective of its cause) shall not relieve Customer of its obligation to pay the fees for the Services. Beza.net refund policy can be found at http://www.beza.net/support/refund.shtml
2. This Agreement shall be effective as to the parties hereto upon Customer's acceptance of the terms hereof pursuant to the instructions set forth in on-line Services ordering process (the "Effective Date") and shall continue to the Expiration Date (as defined below). Unless (i) earlier terminated in accordance with the terms hereof, (ii) otherwise renewed for a specific renewal term, (iii) other than with respect to DNR Services, Customer has given Beza.net written notice of termination within 10 days following the date of Beza.net's renewal notice regarding the Services or (iv) Beza.net has given Customer written notice of termination, this Agreement shall renew and continue in effect for a renewal term equivalent in length to the term just ended (unless otherwise requested in writing by Customer) at Beza.net's then-current price for such term length for the Services as set forth in the applicable renewal notice from Beza.net. "Expiration Date" means the last day of the service term for which any Services are ordered (as per the applicable Service Order), with such service term being measured for purposes of this definition from the date Beza.net first makes the Services available for use by the Customer ("Commencement Date"), as extended by any renewal term. Any notice of termination must be given to Beza.net by providing the appropriate data online through your account Control Panel.
3. As part of the Services (other than DNR Services), Beza.net provides servers, the associated operating system and other applicable software, equipment used for Internet connectivity and required space in a Beza.net data center (collectively, the "Equipment"). Beza.net acts solely as a provider or "reseller" of the Equipment it uses to provide the Services, which have been manufactured or otherwise provided by a third party. Customer's sole remedies for any malfunction or defect in the Equipment are the Service Level Agreements described in Section 11 below. Beza.net will perform the initial configuration of the Equipment and such maintenance and support Services as are specified on the Service Order. Beza.net will occasionally perform maintenance services which Customer acknowledges may require Equipment downtime, and in such event Beza.net will attempt to provide prior notice of such downtime. Customer shall supply (and shall cause its third-party suppliers to provide) Beza.net with such reasonable assistance as Beza.net requires to provide the Services. Customer is solely responsible for all other services not specified on the Service Order, which may include, without limitation, the management, administration and support of Customer's software and the software that is part of the Equipment once it is installed by Beza.net. In addition, Customer acknowledges and agrees that while Beza.net may perform certain backups as part of its internal operations with respect to the Services, such backups are not meant to be a complete disaster recovery solution for Customer and, as such, Customer is solely responsible for backup of its software and data residing on the Equipment.
4. Beza.net shall have no obligation to provide support and no liability for any interruption or deficiency in the Services resulting from (a) tampering or alteration of the Equipment by persons not authorized, or in a manner not explicitly required, by Beza.net or (b) the function or malfunction of hardware or software not supplied by Beza.net. Customer shall promptly report all alterations to Equipment or software initiated or implemented by persons not explicitly required by Beza.net and shall promptly implement any corrective procedures required by Beza.net. Beza.net exercises no control over, and specifically rejects any responsibility for, the content, accuracy or quality of information passing or obtained through or resident on the Equipment. Use of any information obtained via the Equipment is strictly at Customer's own risk.
6. Customer shall indemnify, defend and hold harmless Beza.net and its affiliates from and against any claims, causes of action, losses, damages, costs or expenses (collectively, "Claims") arising out of or relating to use by or through Customer of the Services in any way, including any breach of the AUP.
7. Beza.net reserves the right to monitor Customer's bandwidth and/or disk usage and to utilize technology to limit such usage to ordered amounts and/or to charge Customer for any excessive usage. Beza.net further reserves the right to suspend access to Customer's website, script or other application in the event Beza.net reasonably believes that such website, script or other application is the cause of interruptions in Beza.net's ability to provide services to other customers, which suspension or termination shall not relieve Customer of its obligation to pay the fees for the Services. In the event of any such suspension, Beza.net will notify Customer as soon as practicable so that Customer may take remedial action in order to regain access to its website, script or other application. Customer acknowledges and agrees that in an effort to control spam (i) Beza.net may utilize certain technologies to block incoming and outgoing email which Beza.net determines, in its sole discretion, may be spam, (ii) Beza.net servers will not accept connections from unsecured systems (including, without limitation, open relays, open proxies, open routers or any other system that has been determined to be available for unauthorized use), (iii) Beza.net may, in its sole discretion, reject connections from systems that use dynamically assigned or residential IP addresses, and (iv) Beza.net may, in its sole discretion, reject connections from any IP address that does not have reverse DNS (a PTR record).
8. SUBJECT TO SECTION 11 BELOW, BEZA.NET MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR EQUIPMENT; AND DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Beza.net shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, earthquakes, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, or any other such occurrences. Either party may terminate this Agreement if the failure or delay of performance caused by such event of force majeure continues for a continuous period of 10 business days.
9. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, REVENUE, DATA OR USE OF SERVICES BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. Notwithstanding anything to the contrary stated in this Agreement, Customer's sole remedies for any Claims relating to the Services are set forth in Section 11. In no event shall Beza.net and its affiliates' aggregate, collective liability for any Claims (including negligence or otherwise), exceed the amount paid by Customer for the Services during the 12-months preceding the date the Claim occurred or arose.
10. Any Internet Protocol addresses ("IP Addresses") assigned to Customer by Beza.net in connection with the Services (i) shall be used only in connection with the Services and (ii) will require Beza.net to disclose certain Customer contact information to the applicable registry for Internet numbers. If for any reason Customer discontinues use of the Services or this Agreement terminates, Customer's right to use the IP Addresses shall terminate. Beza.net may change the IP Addresses upon 30 days' written notice to Customer.
11. The Service Level Agreements ("SLAs"), if any, for the Services, which are incorporated into this Agreement and include commitments with respect to certain availability of the Services, are set forth at http://www.beza.net and set forth Customer's sole and exclusive remedies for Claims relating to the Services.
12. Customer acknowledges that all right, title and interest in any and all technology, including the software, that is part of or provided with the Services and any trademarks or service marks of Beza.net or third parties utilized in connection with the Services (collectively, "Beza.net Intellectual Property") are vested in Beza.net and/or in Beza.net licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the Beza.net Intellectual Property. Customer may not copy, modify or translate the Beza.net Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the Beza.net Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Beza.net may not use Customer's name, trademarks, trade names or other proprietary identifying symbols without the prior written consent of Customer, except that, unless otherwise specified on the Service Order Beza.net may use Customer's name on a list of sample customers for marketing purposes.
13. This Agreement shall be binding upon and inure to the benefit of Customer, Beza.net and it's successors and assigns. Customer may not assign this Agreement without the prior written consent of Beza.net, which consent will not be unreasonably withheld or delayed.
14. The validity, interpretation, enforceability and performance of this agreement shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to conflicts or choice of laws.
15. This Agreement may not be amended by Customer except upon the written consent of Customer and an officer of Beza.net. Customer agrees that (i) this Agreement may be amended by Beza.net from time to time and (ii) any such amendments will be binding and effective immediately upon Beza.net's notification to Customer via (i) an email to Customer's current contact information in Beza.net's records or (ii) via Customer's Control Panel for the Services, if applicable. The continued use of any Services shall constitute Customer's acceptance of any such amendments. IF CUSTOMER DOES NOT ACCEPT ANY SUCH AMENDMENTS, CUSTOMER'S SOLE REMEDY SHALL BE TO REQUEST THAT THE AFFECTED SERVICES BE DISCONTINUED, OR WITH REGARD TO DNR SERVICES, THAT THE DOMAIN NAME REGISTRATION BE CANCELLED OR TRANSFERRED TO A DIFFERENT DOMAIN NAME REGISTRAR. In order to request the discontinuance of affected Services, Customer must (i) send a cancellation request to the Beza.net email cancellation address provided in Section 2 herein within 10 days of the date the email is sent by Beza.net or the date notification is posted on Customer's Control Panel, and (ii) pay all accrued but unpaid fees for the Services rendered to the date of cancellation.
16. All notices from Beza.net shall be deemed received by Customer when sent by Beza.net to Customer's current email contact on record or posted on Customer's Control Panel. Customer is solely responsible for ensuring that its contact information is kept up-to-date.
17. Customer consents to Beza.net's activation of a default "Welcome Page" which may appear when an Internet user requests Customer's registered domain name or website. This Welcome Page welcomes the user to Customer's temporary home page and may link to Beza.net websites, advertising and/or Internet search tools. The Welcome Page may appear unless and until Customer posts Customer's own content or changes the Welcome Page via the account's Control Panel.
18. This Agreement (including the Service Order(s) to which it relates) supersedes all previous and contemporaneous written and oral representations, understandings or agreements related to the Services set forth on the related Service Order(s). The terms of this Agreement shall control inconsistencies between this Agreement and any Service Order. The rights and obligations in this Agreement of the Parties which would be, by their nature or content, intended to survive the expiration or termination of this Agreement shall so survive. It is the explicit intention of the Parties that there are no third-party beneficiaries to this Agreement. No failure or delay on the part of either party 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 hereunder preclude any other or further exercise thereof or the exercise of any other ight or remedy granted hereby or by law. No determination by a court of competent jurisdiction that any term or provision of this Agreement is invalid or otherwise unenforceable shall operate to invalidate or render unenforceable any other term or provision of this Agreement and all remaining provisions shall be enforced in accordance with their terms.
19. This Section contains additional terms and conditions that, together with the foregoing provisions of this Agreement, govern Customer's purchase and use of the DNR Services, if any, that have been ordered by Customer on the applicable Service Order.
DNR Services Terms
a. DNR Services. Beza.net has selected several third party accredited registrars to provide domain name registration services. Customer agrees that the following terms relating to domain name registration services ("DNR Services") constitute an agreement not only between Customer and Beza.net, but also directly between Customer and one of these third party accredited registrars. The term "register" or "registration," as used in this Agreement, shall be read to include any initial registration, renewal or transfer of a domain name.
b. Acceptance of Applications. Beza.net and third party reserve the right to reject any domain name registration application for any reason. Customer agrees that neither Beza.net nor the third party shall be liable for any loss or damage that may result from such rejection. All fees are non-refundable, in whole or part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. Beza.net reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered until Beza.net receives actual payment of the initial registration fee, and has confirmed Customer's registration in an email from Beza.net to the email address for the Administrative Contact indicated in Customer's registration application and/or or file.
c. Representations and Warranties. Customer represents and warrants that (i) neither the registration of the domain name nor the manner in which it is directly or indirectly used shall infringe the legal rights of any third party; (ii) all information provided in connection with any domain name registration is and shall remain accurate; and (iii) that Customer's registration and use of domain names will at all times be consistent with all applicable laws.
d. Dispute Policy. Customer agrees to be bound by the current Dispute Policy ("Dispute Policy") and the Dispute Policy procedures, incorporated by reference herein, for any dispute relating to a domain name registered through Beza.net. Customer understands that the Dispute Policy may change from time to time and agrees that maintaining the registration of a domain name after such changes or modifications to the Dispute Policy become effective constitutes Customer's acceptance of these changes or modifications. Without prejudice to other potentially applicable jurisdictions, Customer submits to the jurisdiction of the courts as provided in the Dispute Policy. The current version of the Dispute Policy may be found at Beza.net website ( http://www.beza.net ), together with the corresponding dispute resolution procedures and rules ("Dispute Rules").
e. Fees and Payment. Customer agrees that all payment obligations relating
to any domain name registration are exclusively between Customer and
Beza.net, including all costs and fees for moving or transferring such
domain name. Third party registrars shall not be liable for any refund or other payment
to Customer in connection with the provision of registration services.
f. Cancellation; Reinstatement. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Beza.net) in connection with the payments of the registration fees or renewal for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Beza.net as the paying entity for that registration to the registry and that Beza.net reserves all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Beza.net will reinstate Customer's domain name registration solely at Beza.net's discretion, and subject to the domain name's availability, Beza.net's receipt of the initial registration or renewal fee, and Beza.net's then-current reinstatement fee.
g. Required Information. As part of the registration process, Customer
will be required to provide certain information, including without limitation
contact information such as Customer's full name, postal address, email
address, telephone number and fax number, if available ("Personal
Information"). Customer agrees to update this information promptly
as needed to keep it current, complete and accurate, and to add such
additional information as Beza.net or third party may reasonably require
from time to time. Customer may access Customer's Personal Information
and/or domain name registration information to review, modify or update
such information through the domain name management tools Beza.net provides
on Customer's Control Panel.
h. Use of Personal Information. Customer agrees and acknowledges that
third party and Beza.net will share Personal Information with each other,
with the Internet Corporation for Assigned Names and Numbers ("ICANN"),
with registry administrator(s), and with other third parties as ICANN
and applicable laws and/or policies may require or permit. Customer further
agrees and acknowledges that Beza.net and/or third party shall be permitted
(and in some cases may be required) to make the Personal Information
publicly available, or directly available to third party vendors, for
purposes of inspection (such as through WHOIS service), targeted marketing
or other purposes as required or permitted by ICANN and applicable laws
and/or policies. Customer hereby elects not to have Personal Information
concerning its domain name registration available in a bulk access database.
i. Third Party Information. In the event that Customer provides information about a third party in the course of any registration, Customer hereby represents and warrants that Customer has (i) provided notice to that third party of the disclosure and use of the party's information, and (ii) obtained that third party's express consent to the disclosure and use of that party's information as set forth herein. If Customer is registering a domain name for someone else, Customer represents and warrants that Customer has the authority to bind that person as a principal to all terms and conditions herein, including the Dispute Policy. If Customer licenses or otherwise permits third parties to use the domain name, Customer will remain the responsible contracting party hereunder and the domain name holder of record, and will be responsible for all obligations under this agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both Customer's 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.
j. Changing Registrars. Under governing ICANN policies, domain name registrations may not be transferred to another registrar within sixty (60) days of initial registration. In addition, a transfer of a domain name registration to another registrar will be subject to the applicable registry's transfer policies.
k. Change of Ownership. If Customer wishes to transfer any domain name to another person or entity, Customer may request ownership transfer services by requesting a domain name ownership transfer through links provided in the support section of Beza.net's website at www.beza.net. Customer acknowledges and agrees that as a condition of any such transfer of ownership, the entity to which the domain name is transferred shall agree to be bound by all terms and conditions herein, the Dispute Policy and its accompanying rules and procedures, and all then-current third party, ICANN, or Beza.net policies relating to domain name registration, including payment of fees for the domain name registration for a term of at least one year and other fees assessed by Beza.net.
l. Breach and Revocation. Each of Beza.net and third party reserves the right to suspend, cancel, transfer or modify any domain name registration immediately: (i) in the event Customer breaches any provision of this Agreement (including the Dispute Policy); (ii) as required or permitted by the Dispute Policy or any ICANN or registry policy or procedure; (iii) to correct any errors by third party, or any other registrar or the registry administrator; (iv) in order to resolve disputes concerning the domain name; or (v) in response to an order from a court of competent jurisdiction, or arbitration award.
m. Domain Name Registrar Transfers. If Customer is transferring a domain name from a different domain name registrar of record to Beza.net and third party, the following terms shall apply: In making the transfer request, Customer represents and warrants that: (i) Customer is the rightful holder of the registration for the domain name(s) to be transferred; (ii) Customer is not in default with respect to any obligations owed to the current registrar of record; (iii) Customer is not the subject of any pending bankruptcy proceeding; (iv) the domain name(s) are not currently the subject of any dispute or collection effort, including any attachment, levy, lien, garnishment, escrow or other proceedings; (v) Customer is legally authorized to request the transfer; and (vi) more than 60 days have passed since the domain name(s) was registered, transferred to a new registrar, or renewed. Customer agrees that neither Beza.net nor third party will have any responsibility for any obligations owed to the current registrar of record for the domain name(s) transferred, and Customer will be responsible for any costs that Beza.net or third party may incur in resolving any claims brought by any third party (including the current registrar of record) relating to this transfer. Subject to the disclaimer of liability below, Customer hereby authorizes Beza.net and third party to take all actions reasonably necessary to transfer the domain name(s), including contacting the current registrar of record and the registry.
n. Domain Name Search Process. Beza.net endeavors to make the domain name availability search process reliable; however, Beza.net does not guarantee availability of domain names or the accuracy or security of the WHOIS system. The registration process is not complete until the domain name requested by Customer has been registered in Customer's name with the appropriate registry. Because there are delays in the actual registration of a domain name with the appropriate registry, Beza.net is not responsible if domain names requested by Customer are actually registered to third parties.
o. CO.UK Domain Names. If Customer has applied to register a .CO.UK domain name, Customer must also agree to NOMINET UK's terms and conditions, currently posted on our website http://www.beza.net.
p. Disclaimer of Liability. To the extent permitted by law, Customer agrees that neither Beza.net nor third party, nor any of their respective suppliers or service providers, has any liability to Customer for any loss Customer may incur in connection with the processing of any registration or the transfer thereof to another registrar, or the processing of any authorized modification to the domain name's record during the covered period, or the failure by the Customer's agent to pay either the registration fee or renewal fee, or as a result of the application of the provisions of the Dispute Policy.
q. Indemnity. In addition to any indemnification obligation that Customer
may owe to Beza.net hereunder, Customer agrees to indemnify, keep indemnified
and hold third party and any registry administrator, and their respective
directors, officers, employees and agents, harmless from and against
all and any and all claims, damages, liabilities, costs and expenses
(including reasonable legal fees and expenses) arising out of or relating
to Customer's domain name registration or to Customer's use of the domain
THE PARTY ACCEPTING THE TERMS OF THIS AGREEMENT IN ACCORDANCE WITH THE
INSTRUCTIONS SET FORTH AT THE WEBSITE FROM WHICH THE SERVICES ARE ORDERED
REPRESENTS AND WARRANTS THAT (I) IT IS A DULY AUTHORIZED REPRESENTATIVE
OF CUSTOMER WITH FULL LEGAL AUTHORITY TO BIND CUSTOMER TO THIS AGREEMENT
AS OF THE EFFECTIVE DATE AND (II) NEITHER IT NOR CUSTOMER IS (A) LOCATED
IN A COUNTRY SUBJECT TO U.S. EMBARGOES, (B) LISTED ON THE U.S. TREAURY
DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS, OR (C) LISTED ON
THE U.S. COMMERCE DEPARTMENT'S DENIED PERSONS OR ENTITIES LISTS.