Welcome. We appreciate your business and look forward to a productive working relationship with you. This “Master Services Agreement” (the “MSA”) sets out the rights, responsibilities and legal obligations of the parties to it. The individual entity placing an order for Services is referred to in this MSA as “Customer,” “you” or “your” and is the individual, or entity, designated as the “owner” in our records. The entity providing the services is referred to as “we,” “us” or “our.” The individual or entity using the Services, if different than the Customer, is referred to as the “End User.” The “Services” are the products, technologies and other items purchased by the Customer as set out on our web page describing them on the Effective Date (“Order Form”). The Effective Date of this MSA is the first date betweeen:
the date when you visitDomiserver.com
the date when you make your payment
the date when you use the service
Documents.This MSA includes the following documents, which you agree you have reviewed, and accept:
The web page on which you indicate which Services you agree to purchase from us. During the course of the parties’ relationship with each other, you may purchase additional Services from us using new Order Forms. Each of these is incorporated into this MSA. If you are purchasing Services on behalf of a third party, you represent and warrant to us that you have the authority to purchase those Services. For the purposes of this MSA, the Order Form may be our on-line ordering process.
Our Acceptable Use Policy (“AUP”) posted here: AUP
Our Service Level Agreement (“SLA”) posted here: SLA
If you are using the Services to provide your own services to third parties, including End Users, and as a result you use the Services in a manner that violates our AUP, you are responsible for that violation. As a result, we strongly encourage you to incorporate these policies into your own policies, or adopt policies that are no less restrictive than they are. Other than in the case of an emergency, or threat to the Service or our network infrastructure, we will give you notice and opportunity to correct a violation of either the AUP.
This MSA, AUP and SLA are referred to collectively herein as the MSA. If there is a need to refer to them individually, they will be referred to using the names set out above.
This MSA, and each of the documents set out above, may change from time-to-time. We will provide you with written notice of any change, other than one to correct typographical errors. Notification will be provided by posting a notice on our control panel, our home page or by email to the contact email you have provided us. Changes, other than changes necessary to respond to an unforeseeable situation, or those required by law or a third party who provides services to us, will be effective thirty (30) calendar days from the date we post a notice on our control panel, home page or by email. If you have agreed to a “Term
Commitment” as that term is defined below, and a change materially affects your ability to use a particular Service, you may terminate the affected Service as set out in the termination section below.
The Services.
The Services will be provided as set out on the Order Form as of the Effective Date. The Services will be provided pursuant to our brand offering for those Services as shown on the Order Form at the time of your order. Services may not be available immediately. We agree to provide those Services during the term as set out on the Order Form (“Term”). However, we may make changes to the Services during the Term if required by law, a third party vendor who provides aspects of the Services to us, or if your use of the Services violates our AUP. New customers may be offered Services that are different than the Services
you have purchased. We have no obligation to make those Services available to you. Should there be a conflict between this MSA and the Order Form, the Order Form will prevail.
The Services are provided as set out on the Order Form and as described on our website on the Effective Date. In order to use the Services, you may need to procure additional services, technology, equipment and/or materials. You may not terminate this MSA because you are required to procure these items. It may be necessary for you to assist us in our implementation of the Services. You agree to provide reasonable cooperation and assistance, and to cause any of your third party providers to do so as well.
Third parties may provide certain aspects of the Services to us. We will use commercially reasonable efforts to continue to have access to those components of the Services. However, should a third party change the services, make them economically prohibitive for us to provide to you, or discontinue them, our only obligation will be to attempt to find replacement components at a reasonable cost to us. If we are unable to do so, you may terminate those Services directly affected.
The Services are not static, and they may require that you install new versions of software, firmware or other items to ensure their continued function (“Updates”). You agree to install these Updates within thirty (30) calendar days of our request. If you do not install the Updates, and doing so endangers the Service, or our network, you agree that we may install them without liability to you.
The security of your passwords and other access devices is your responsibility. We shall be entitled to rely on the instructions, or operations, of any entity accessing the Service using your passwords and/or access devices. You agree to notify us immediately should any of these items become lost, stolen or compromised.
Our goal is to maintain the Services as set out in this MSA. To do so, we may need to interrupt them from time-to-time for maintenance. We agree to give you 24 hour notice of our intent to suspend the Services for this reason. We will provide this notice to you by email to the address we have in our records. Our notice will, at a minimum, set out the reasons for the maintenance, the features to be affected, and the period of time the maintenance will take place. On infrequent occasions, we may be required to undertake emergency maintenance, and we will be unable to provide you with the notice set out in this paragraph. We will use reasonable efforts to ensure that maintenance does not interfere with your operations; however, in order to ensure the continued stability of our operational platforms, our maintenance activities may take precedence.
You agree and understand that Services and/or related support may not be available at certain times as a result of technical difficulties, equipment malfunctions, during scheduled maintenance, or as a result of circumstances beyond our reasonable control. You also understand and agree that we make no representation that Services and/or related support will be available on a continuous or uninterrupted basis.
We do not set limits on the amount of disk space you can use for your services as long as the contents do not violate our AUP. If your use exceeds the capacity of a particular service as defined in the product specifications or AUP then we reserve the right to modify the Services we provide to you or request you move to a different Service.
You agree that we have no obligation to back-up your data and you should independently take appropriate steps to maintain data in accordance with your needs and requirements. You specifically agree that you understand that Backup Services, as defined below, are not fool-proof, that they will not back-up all data, and that you will use a second source of back-up. Under no circumstance will we have any liability or responsibility for the loss of back-up data, content or other information, unless caused by our negligence or willful misconduct.
If you purchase Backup Services from us, they are provided on an as-is and as-available basis, as a supplement to, and not in lieu of, your own back-up efforts. While we will use commercially reasonable efforts to ensure the effective operation of the Backup Services, you expressly agree that no back-up program or service is error-free or fail-safe. In the event of an interruption or failure of the Backup Service, our only obligation is to restore your server to operating condition. It is your responsibility to restore the functionality of your website. You may wish to maintain an operating copy of your website for this purpose.
Backup Services are designed for disaster recovery. Should you, or a third party, request that data held by us using the Backup Services be used for a purpose other than disaster recovery, for example in litigation, we have no obligation to provide the data to you. Should we determine, in our sole and exclusive judgment, to provide the data to you, or should your data be subpoenaed, or disclosure of it otherwise compelled, it will be provided at our convenience and you will be charged our prevailing hourly rate. You will also be responsible for any attorneys’ fees we incur in reviewing, responding to or producing your
data, and required to pay us a retainer to secure your obligations.
You must provide certain current, complete and accurate account information for your Services. You must maintain and update this information as needed to keep it current, complete and accurate.
We reserve the right to relocate the equipment used to provide the Service at any time. You will have no physical access to this equipment.
Customers with $0 spend in the past 60 days will result in the cloud compute service to expire, you will still be able to access your account but prior history will be removed.
Privacy: It is the Customer’s obligation to determine if the use of the Services is allowed given the laws and regulations in its jurisdiction.
Fees.
Payments for the Services, the due date, and all other information related to the assessment and collection of amounts owed are set out on the Order Form (“Fees”). If the Order Form does not contain a payment date, Fees are due monthly. Upon the renewal of a Service Term, the Fees will be set to our then standard fee for the particular Service. Discounts provided to new Customers may not be extended to Services you have already agreed to purchase. If we do not collect Fees immediately, your service may be suspended.
During the Term, we will only increase the Fees in the following circumstances:
you purchase additional Services and those Services have additional Fees;
a regulated entity, such as a utility, increases their charges to us; or
a vendor adds surcharges or additional fees based on your use of the Services. We agree to provide you with thirty (30) calendar days written notice prior to any change in the Fees. Notice will be provided to the email address in our records
Fees are refundable within 48 hours only at a managers discretion.
Taxes may not be included in the prices set out on your Order Form. If we are required to collect taxes, they will be added to the Fees, and you agree to furnish us information necessary to calculate them and you agree to pay them once calculated. We will not charge you taxes based on our income.
Charges assessed by third parties will be added to the Fees within thirty (30) calendar days from the date we receive them. You agree to pay these charges regardless of the length of time that may have passed. If you do not pay the Fees when due, we may suspend and or delete any and all Services. Following suspension of Services for non-payment, we are not required to reinstate Services until:
you have paid in full all Fees then due, including late fees, interest charges of one and a half (1.5) percent per month (or the highest rate permitted by the laws governing this MSA), collection costs (including fees charged by our collection agency and reasonable actual attorneys’ fees), and any cost of reinstating Services; and
you provide us satisfactory assurance as requested by us (such as a deposit) of your ability to pay for the Services for the remainder of the applicable Service Term. If you fail to timely cure the non-payment within the timeframe specified by us, you will be deemed to have terminated the affected Services as of the effective date of Service suspension. Your failure to pay Fees when due shall be treated as termination for convenience by you subject to Early Termination Fees, if any, described in this MSA. You will not receive credits (including SLA credits) or other benefits during the period you have failed to pay any Fees, and you may not withhold payment of Fees during any dispute.
We understand that from time to time the parties may have disagreements about the Fees. To help resolve these disputes, each of the parties agrees to try to resolve these disagreements as set out in this paragraph. If you dispute any Fee, you must notify us by Email of this dispute before the Fee is due. In your notice, you agree to include sufficient information to allow us to investigate the dispute. We agree to complete this investigation within thirty (30) calendar days from the date your Fee is due, and provide to you a written discussion of our investigation, with sufficient facts for you to review. If we agree with your dispute, we will credit your account on your next billing cycle, or within sixty (60) calendar days if your billing cycle is not monthly. If we reject your dispute, you have thirty (30) calendar days to present us with a written rebuttal, again with sufficient information for us to understand your arguments. We will review this material within thirty (30) calendar days from our receipt. If the parties continue to disagree, they may pursue their remedies at law, consistent with this MSA. Fee disputes are Service specific, and you are required to pay Fees for other Services during the period of a dispute. You may not terminate this MSA, or any Service, based on a Fee dispute. We will not charge you interest on affected Fees during a dispute, provided that the dispute is bona fide.
We take every possible measure to secure online payment processing of your account. While our own payment processing systems are secure and PCI compliant, our hosting environments are not fully compliant with Payment Card Industry Data Security Standard (“PCI DSS”).
Term.
This AMS will commence on the Effective Date and continue until one of the parties terminates it (“AMS Term”).
Individual Services will begin on their Effective Date and continue until one of the parties terminates them (“Service Term”).
The AMS Term and the Service Term are collectively referred to as the “Term.” The initial Term of the Services is set in the Order Form.
If the Order Form does not specify a Service Term, the Service Term will be thirty (30) days.
Upon expiration of an initial Service Term, Individual Services will renew for the duration of the initial Service Term, unless you notify us via email no later than fifteen (15) calendar days before expiration of your intent to terminate them.
Our required termination procedure is outlined below. The AMS Term will be extended until the AMS is properly terminated.
Payments, Late Payments, and Cancellations
Payments
Payments must be made before the date and time established in the email notification, invoice, or agreed arrangement.
To avoid any service interruptions with Domiserver, we request that the pending payment be processed for the Administrative System before 12:00 am.
This will ensure the stability and security of your platforms during this transition period if you have notified us that you wish to cancel any service.
Late Payments
If payment is reported after 12:00 am on the stipulated day, a reactivation administrative fee of $5 will be applied.
Cancellations
Service cancellations must be notified 30 days in advance.
This allows both parties to properly plan and transition the service without inconvenience.</l<>
Invalid Methods: Any verbal communication, phone call, WhatsApp, fax, or direct message (“DM”) on social media will not be considered an official cancellation notice.
If the pending balance is not paid within the corresponding period, the account will be automatically suspended by the Administrative System.
We don’t want you to leave, but this is how you can terminate this AMS:
You can cancel an individual service by sending an email to cancel@domiserver.com, notifying us of your intent to cancel your service (“Service Termination”).
You acknowledge and agree that we require prior notice of your intent to terminate a Service Term or this AMS due to long-term commitments on equipment and facilities that we must undertake to provide the Services.
We may suspend or cancel your account with Domiserver, or this AMS immediately, if:
you violate our PUA and have not corrected the violation within the time provided, if applicable;
you fail to pay fees when due;
a third party stops making aspects of the Services available to us and we cannot acquire replacement services as described in this AMS;
you are subject to bankruptcy or another insolvency proceeding; or
we are legally required to do so. Upon termination, you will remain responsible for any outstanding amounts due before the effective date of our termination, including, but not limited to, any early termination fees described in this AMS. If we provide a remediation period, you waive all legal notices to vacate our network and/or remove equipment once that period has expired.
Either party may terminate a particular element of the Service if there is a force majeure event, as defined in this AMS, that lasts more than thirty (30) calendar days.
Upon termination of this AMS, it is your responsibility to configure the technical aspects of your business, such as email, WHOIS, and elements outside our control, to ensure they are not directed to us. We have no responsibility to maintain backups after termination (including personal data hosted), nor to forward emails to another provider, nor to point the DNS of your domain names away from us.
Customers are prohibited from using or allowing the use of services for any intrusive activity (port scanning, crawling, identity spoofing, etc.) or cryptocurrency mining; doing so will result in account termination.
Our Service Standard.
The Services are covered by our applicable SLA for your service.
This SLA provides your sole and exclusive remedies for issues related to the performance of the affected Services.
We agree to provide the resources and credits set forth in the SLA, and you agree to consult it only for covered issues.
The Parties Own Their Intellectual Property.
Each party retains ownership of the intellectual property that belongs to them or that they have licensed.
To perform and use the Services, each party grants the other a limited license to use and distribute that intellectual property only to the extent strictly necessary to provide or use the Service.
Apart from what is stated in the previous sentence or in this AMS, neither party grants the other, nor will have, any right, title, claim, or interest in the other party’s intellectual property or that which is licensed to either party, nor will either party decompile, disassemble, or reverse engineer the intellectual property of the other party or that which is licensed to a party.
Suggestions provided to us that are used to improve the Service are our intellectual property.
We Defend Each Other.
You agree to indemnify, defend, and hold harmless any employee, director, and officer (“Your Indemnified Parties”) from all third-party actions, liabilities, damages, costs, and expenses (including, but not limited to, attorneys’ fees and charges imposed on us) arising from or related to personal injury or property damage resulting solely from our gross negligence or willful misconduct. You waive and release all claims against Our Indemnified Parties (as defined in section b) and agree that Our Indemnified Parties shall not be liable for personal injury or property damage suffered by Your Indemnified Parties caused by the Services or otherwise related to this AMS, except when such injury or damage results solely from our gross negligence or willful misconduct.
You agree to indemnify, defend, and hold harmless us, the third parties providing aspects of the service, contractors, subcontractors, affiliates, employees, directors, and officers (“Our Indemnified Parties”) from all third-party actions, liabilities, damages, costs, and expenses (including, but not limited to, attorneys’ fees and expenses charged to us) arising from or related to:
Personal injuries or property damages resulting from your actions or inactions, or those of any individual or entity identified as Your Indemnified Parties below, as well as End Users;
Any claim by you, Your Indemnified Parties, or End Users, except claims based solely on our gross negligence or willful misconduct;
Any claims by your customers, including End Users, related to or arising from your services or those of any End User or the Services provided under this AMS;
Any claims for breach of a contractual obligation with a third party;
Any claims arising from your failure to obtain necessary consents or licenses for you or your End Users to use the Services;
Any claims by a third party acting on your behalf or on behalf of an End User that would result in greater liability to us than assumed under this AMS.
Each of Us Supports This AMS.
Each party warrants to the other that it has the power, authority, and legal right to enter into this AMS and fulfill its obligations as set forth herein, including compliance with any provisions or agreements incorporated.
You warrant that you own or have a license to use the technology required for the Services, the data transmitted through the Services, and any technology placed on our network. You agree to provide us with evidence of these licenses or rights upon reasonable request and to obtain similar warranties from your End Users. In particular, you represent and warrant that material placed or transmitted through the Services does not infringe third-party patent, copyright, trademark, or trade secret rights and that you have taken commercially reasonable efforts to ensure that the material is virus-free and is not included in our Services to enable access by parties other than yourself.
DESPITE ANY ORAL OR WRITTEN COMMUNICATION BETWEEN US REGARDING THE SERVICES, EXCEPT AS EXPRESSLY SET FORTH IN THIS AMS OR ANY PRODUCT DESCRIPTION, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUBCONTRACTORS, OR LICENSORS OFFER ANY WARRANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF NEGOTIATION, PERFORMANCE, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY WITH ANY STATEMENT OR DESCRIPTION, NON-INTERRUPTION, NON-INTERFERENCE, NON-INFRINGEMENT, OR THAT SERVICES ARE COMPLETELY SECURE OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AMS, THE SERVICES AND EQUIPMENT PROVIDED UNDER OR ASSOCIATED WITH THIS AMS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL DEFECTS.”
Our Liability Is Limited.
DESPITE ANY CONTRARY PROVISION IN THIS AMS, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM BASED ON OUR PROVISION OF SERVICES FOR:
LOSS OF PROFITS
LOSS OF BUSINESS
LOSS OF REVENUE
LOSS OR CORRUPTION OF DATA
ANY CONSEQUENTIAL OR INDIRECT DAMAGES
ANY INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY, OR PUNITIVE DAMAGES (IF APPLICABLE)
THIS LIMITATION APPLIES EVEN IF WE ARE WARNED OF THE POSSIBILITY OF SUCH DAMAGES OR ANY OTHER TYPE OF DAMAGES EXCEPT DIRECT DAMAGES.
OUR MAXIMUM LIABILITY SHALL BE:
ONE (1) MONTH OF FEES (OR THE EQUIVALENT) ACTUALLY RECEIVED BY US DURING THE MONTH PRIOR TO YOUR CLAIM.
IF THIS DISCLAIMER IS PROHIBITED BY THE LAW GOVERNING THIS AMS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS AN ADDITIONAL LIMITATION, OUR MAXIMUM LIABILITY FOR ANY SERVICE WITH A NON-RECURRING CHARGE SHALL BE EQUAL TO THE AMOUNT OF THE NON-RECURRING CHARGE FOR THAT SERVICE ON THE OCCASION THAT GAVE RISE TO THE CLAIM.
OUR INDEMNIFICATION OBLIGATION SET FORTH IN PARAGRAPH 10 IS NOT LIMITED BY THIS PARAGRAPH.
Each of Us Agrees to Maintain Certain Confidential Information.
“Confidential Information” includes, but is not limited to, inventions, trade secrets, customer data, business plans, designs, programs, product or marketing data, client lists, financial statements, pricing data, and proprietary technical details.
If one party (“Disclosing Party”) provides Confidential Information to another party (“Receiving Party”), the Receiving Party agrees to keep it confidential and protect it with reasonable care.
Confidential Information must be returned or destroyed upon request or contract expiration, except when:
It is publicly available, except through unauthorized disclosure.
Disclosure is required by law or court order.
It is independently developed by the Receiving Party.
It is received from a third party without restrictions.
It becomes relevant for dispute resolution.
If disclosure is required by law, the disclosing party must notify the other party as soon as legally permitted, allowing protective measures.
Disclosing Confidential Information to employees, legal, financial, and accounting advisors, and lenders is permitted as long as they are informed of its confidential nature.
Data Protection.
“Data Protection Legislation” refers to all applicable laws on data protection and privacy, including the EU General Data Protection Regulation (GDPR).
You are the data controller, and we are the data processor concerning personal data processed under this AMS.
You guarantee compliance with Data Protection Legislation and ensure that instructions given to us are lawful.
We will:
Process personal data only according to the agreed instructions.
Ensure confidentiality obligations for personnel accessing the data.
Provide reasonable assistance to ensure compliance with data protection requirements.
Make available necessary information to demonstrate compliance upon written request.
We may subcontract data processing to affiliates or subcontractors (“Subprocessors”) while maintaining equivalent data protection standards.
Data processing may occur outside the European Economic Area as required for service operations.
Data processing activities include:
Subject: The provision of services as described in the Order Form.
Duration: The length of service provision.
Nature and purpose: To enable service functionality.
Data categories: Information provided by you or end-users.
Data subjects: Individuals whose data is processed through the services.
We Take Security Measures Seriously.
We implement and maintain technical and organizational security measures to safeguard hosted personal data against unauthorized or illegal processing, accidental loss, damage, or destruction.
However, many service-related resources are managed jointly with you.
You are solely responsible for the security of jointly managed service aspects and must ensure they do not compromise our network’s security.
Services are configured for standard deployment, which may not meet your security needs.
It is your responsibility to configure the services to meet your security requirements.
We are not responsible for any customization you apply or its outcomes.
If we detect unauthorized access to the services (“Breach”), we may consult a security agency to determine the best course of action and will notify you via email once our response plan is finalized (“Breach Notification”).
We may take measures, including partial or full suspension of services, to isolate and mitigate a breach’s cause.
We are not liable for any consequences of such suspensions.
The Breach Notification may contain preliminary or unverified information, provided to assist your mitigation efforts.
Any reliance on a Breach Notification is at your own risk.
Both parties agree to reasonably cooperate in investigating the breach’s circumstances.
If our cooperation exceeds standard breach investigation support or involves government inquiries, consulting fees will apply.
Any information provided regarding a breach, including the Breach Notification, shall remain confidential.
Compliance with Laws.
Each party agrees to obtain and maintain all required permissions, licenses, or certificates necessary for service provision or use.
Each party shall comply with all applicable laws while fulfilling its obligations and exercising rights under this AMS.
Unless explicitly stated in your Purchase Form, we do not warrant that the Services comply with any specific industry standards.
We Own the IP Addresses Used by the Services.
Upon termination, you must relinquish assigned IP addresses.
Services will have either shared or dedicated IP addresses. We cannot guarantee that an IP address will never change. While we strive to maintain stability, factors such as network reconfiguration may necessitate changes, for which you will receive prior email notification.
General Provisions.
We will use your name and email address to occasionally send newsletters that may include information on promotions, services, and company updates.
Out of respect for your privacy, every promotional email will include an opt-out link. You can unsubscribe by clicking the provided link. We will send service-related notifications when necessary, such as network maintenance updates.
Neither you nor any end-user may remove, modify, or obscure copyright, trademark, or other proprietary rights notices within the Services or products used to provide the Services.
We, or an entity acting on our behalf, will provide support for licensed Microsoft products and software, as expressly stated in this AMS.
Any license granted to you comes with “Restricted Rights” applicable to public and private licensees, including restrictions on use, duplication, or disclosure by the U.S. government as detailed in this AMS and relevant regulatory clauses.
This AMS will be governed and interpreted under the laws of the State of Florida, and both parties agree to the exclusive jurisdiction of the federal courts located in Florida. If federal jurisdiction does not apply, state courts in Miami, Florida, will have exclusive jurisdiction. The prevailing party in any legal action shall be entitled to reasonable attorney’s fees and costs.
This PUA may be modified as outlined in this AMS.
The failure of a party to exercise or delay exercising a right does not constitute a waiver of that right. Waiving compliance or extending time for an obligation does not waive the obligation itself.
Either party may assign this AMS to an affiliate, provided the original signatory remains responsible for all rights and obligations. Otherwise, assignment requires written consent. Services may be provided by corporate subsidiaries, agents, or subcontractors without prior consent.
If a provision is deemed illegal or unenforceable in any jurisdiction, it remains effective within the allowed scope without invalidating other provisions. Section titles are for reference only and do not form part of this AMS.
This AMS, along with incorporated documents, constitutes the entire agreement, replacing prior negotiations and communications unless related to pre-existing confidentiality or non-disclosure obligations.
This AMS results from fair negotiations between equal parties. Each party had the opportunity to review, negotiate, edit, and draft its terms, so any ambiguities shall not be construed against either party.
In case of conflict, the terms will follow this priority: PUA, Order Form, and AMS.
The parties are independent contractors. Unless explicitly authorized in the Order Form, neither party may bind the other contractually or make representations or guarantees on their behalf.
If the Customer resides in California, they may file a service complaint through our issue notification system. If dissatisfied, they may contact the Consumer Services Division of the California Department of Consumer Affairs.
Rights and obligations intended to survive AMS termination shall remain in effect, including provisions from sections 3, 5, 8, 9, 11(c), 12, 13, 14, 17(c), (f), (g), (h), (i), (j), (m), (o), and 19(g).
Except for payment obligations, neither party is liable for delays or failures caused by force majeure events, including natural disasters, telecommunication failures, labor disputes, or other unforeseen circumstances. The affected party must notify the other within ten (10) days of the event’s start.
Notices regarding our SLA and PUA will be sent to the designated email addresses.
All other required notices under this AMS must be sent via email.
Parties may exchange notices, requests, and consents via email, sent to: legal@domiserver.com.
These paragraphs apply only to dedicated server customers.
If your Purchase Form specifies that Services include “Dedicated Servers,” the following paragraphs apply only to those Services described as Dedicated Servers.
If any of these paragraphs differ from previous ones, these paragraphs will prevail.
For Dedicated Servers, the Service includes equipment, facilities, programming, data files, software, and resources allowing you to outsource data and internet requirements via our network.
You agree to provide any necessary materials for configuring or, if specified, customizing the Service (“Dedicated Material”). This material must be server-ready, requiring only minimal administrative effort on our end.
Where applicable, you must grant administrative access to the operating system of the managed service.
We will promptly replace any defective hardware used in the Service as outlined in our AMS.
We reserve the right to relocate the equipment used for the Service at any time. You will not have physical access to this equipment.
Inbound and outbound bandwidth usage will be monitored and combined. If applicable, overage fees will be charged as per the Purchase Form.
These paragraphs apply only to Web Hosting and Domain Services customers.
If your Purchase Form specifies “Domain and Web Hosting Services,” the following paragraphs apply exclusively to those services described as Administered by an Administrator.
Web Hosting and Domain Services refer to the operation and maintenance of the infrastructure used to provide these services, including hardware, software, programming, and resources.
We monitor the network, physical infrastructure, servers, and applications 24/7/365. You acknowledge that:
Performance is subject to industry best practices, technical limitations, and customer infrastructure.
Some Managed Services may introduce vulnerabilities and could disrupt Services in certain circumstances.
The level of support you receive depends on the plan selected in your Purchase Form. Support offerings may change at any time without notice.
Accepting this AMS authorizes us to access your server and hosting environment as needed for installation, configuration, and maintenance.
We will monitor and install third-party software patches from stable repository branches within 30 days of release or upon request.
Firewall configurations will be initially set by us. You may request changes by submitting a support ticket, which will be reviewed and implemented within one business day if approved.
If Managed Services include backup solutions, we will make reasonable efforts to align with your preferences. You must configure them to meet your specific needs.
You agree to provide any necessary material for configuring or, if specified, customizing the Managed Services (“Managed Service Material”). This must be server-ready, requiring only minimal administrative effort.
Our unlimited shared hosting is designed for small businesses and personal websites, not large-scale enterprises or resource-intensive operations. Accounts exceeding:
200,000 inodes (files/directories), databases over 5GB, or cumulative database sizes above 10GB may be restricted.
Usage beyond the standard description in the Purchase Form may be subject to service modifications or plan adjustments.
If you exceed your account’s data transfer limit, we will notify you with upgrade options. Warnings will be sent via email, and data transfer will halt upon reaching the limit.
These paragraphs apply only to cloud services.
If your Purchase Form specifies that Services include “Cloud Services,” the following paragraphs apply only to those described as Cloud Services.
If any of these paragraphs differ from previous ones, these paragraphs will take precedence.
Your incoming and outgoing bandwidth will be monitored and combined, and you will be charged the Fees stated in the Purchase Form.
Cloud Services may have limitations on bandwidth and performance usage.
These limitations are generally defined in your Purchase Form. However, you must not use the Services in a way that jeopardizes our ability to provide services to other Customers or impacts network stability.
If we determine that you have used the Services in this manner, we reserve the right to restrict your usage to minimize these effects.
Following such restriction, we will notify you via email with steps to mitigate these effects.
If you do not comply with these steps, we reserve the right to impose permanent limitations on your usage.
We reserve the right to relocate equipment used for Service delivery at any time. You will not have physical access to this equipment.
We reserve the right to limit excess RAM availability on your cloud server if it significantly exceeds typical usage over a prolonged period.
In such cases, we will notify you and recommend upgrading your cloud server product.
These paragraphs apply only to Domain Name Services.
If your Purchase Form specifies “Domain Name Services” or “Domain Name Registration,” the following paragraphs apply exclusively to those services.
Domain Services are provided through third-party vendors. Purchasing domain services through us subjects both parties to the terms and conditions of the Domain Name Provider.
Your domain name is not officially registered until you receive confirmation. We are not responsible for domain registration failures during the process.
You are solely responsible for maintaining, protecting, updating, and securing your domain name, login ID, and passwords.
You must provide accurate account and WHOIS information for domain registration and keep it updated. WHOIS information is not governed by our Privacy Policy. You may receive verification emails from domain registrars that require a response.
Only you, and not us or the Domain Name Provider, are responsible for ensuring that the domain names you select or use do not infringe upon the legal rights of others.
The Domain Name Provider may reject your domain request or discontinue domain services for any reason within 30 days of registration or renewal. Beyond this period, they may suspend or terminate services for cause, including:
Registration of prohibited domain names.
Domain name abuse.
Payment irregularities.
Allegations of illegal activities.
Failure to maintain accurate and updated WHOIS information.
Failure to respond to Provider inquiries within 10 calendar days.
Violating third-party rights or acceptable use policies, including spam or copyright violations.
Either the Domain Name Provider or we will notify you about renewal fees. You are responsible for keeping payment details updated. We are not responsible for domain expiration due to failed payment processing.
The Domain Name Provider retains all intellectual property rights to its database, including compilations, collective works, and derivative materials.
YOU REPRESENT AND WARRANT THAT NEITHER DOMAIN NAME REGISTRATION NOR USE WILL INFRINGE ON ANY THIRD PARTY’S LEGAL RIGHTS OR SUBJECT THE DOMAIN NAME PROVIDER OR US TO LEGAL CLAIMS. DOMAIN SERVICES ARE DESIGNED FOR USERS AT LEAST 18 YEARS OLD. BY USING THESE SERVICES, YOU WARRANT YOU ARE AT LEAST 18 YEARS OLD AND THAT ALL PROVIDED INFORMATION IS ACCURATE. DOMAIN SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.”
Only the domain owner may transfer a domain name. You must settle outstanding balances before unlocking and requesting a transfer. You must obtain an EPP authorization code for transferring domains to an EPP registry.
By visiting, using, and paying Domiserver (DS) DBA domiserver.com, you agree to the Terms of Service stated above.
