Terms Of Service - Pro Gineous

Terms Of Service

Purpose

These Terms of Service (“TOS”) represent the basis of a contract between you, or the entity on whose behalf you are executing this agreement (“you” or “your”), and Pro Gineous, Inc. (“Pro Gineous”, “we”, “us”, or “our”). By corresponding with us, browsing our web properties, or using our Services you accept these TOS and you agree to abide by the then-current version of: these TOS, our Acceptable Use Policy, our Support Policy, our Refund & Billing Policy, our Privacy Policy, our Server Maintenance Policy, and our DMCA Policy, each of which is integrated into the TOS by reference (together, the “Policies”). These Policies may be modified from time-to-time by us and, by continuing to use our Services, you agree to be bound by the modifications. The most recent version of these TOS can always be found here.

Customers

While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third party service providers, or the actions of individuals who use your instance of such products and services (“End Users”).

Services

Pro Gineous provides a number of services and products to its customers, which are collectively referred to in these TOS as the “Services”. Regardless of whether you pay for a Service or it is provided as part of a package, as a standalone full price or discounted service or for free, any Service you request or allow to be provided by Pro Gineous is included as part of the “Services” we refer to in these TOS and the other Policies. All Services are subject to each of our Policies. Certain Services may also be provided by third parties and their terms of service or use that may contain additional or different terms will also apply to your use of such Services. We may change the specifications or details of the Services at any time but we have no obligation to change the Services. Additionally, the third parties we contract with to provide Services may change their offering at any time, including between the time of purchase and the date the Services are delivered. We will use commercially reasonable efforts to inform you of changes to the Services.

Knowledgebase. Additional information on our Services, including those listed below, can be found in our Knowledgebase, located at: https://www.progineous.com/ap/index.php?rp=/knowledgebase These TOS govern where they are in conflict with anything posted in the Knowledgebase.
Services Offer. Pro Gineous offers a number of different products and services, including but not limited to those listed below. These TOS and our Policies apply to all Services, whether or not listed below. Details are available on the websites indicated and the details at those websites does not modify or supplement these TOS or our Policies.
1. Shared Web Hosting (databases hosted as part of Shared Web Hosting are limited to five (5) gigabytes per database and email accounts hosted as part of Shared Web Hosting are limited to fifteen (15) gigabytes of space): https://www.progineous.com/plan/shared-hosting/

Managed Unmanaged VPS Hosting: https://www.progineous.com/plan/vps-hosting/

Reseller Hosting (databases hosted as part of Shared Web Hosting are limited to five (5) gigabytes per database and email accounts hosted as part of Shared Web Hosting are limited to fifteen (15) gigabytes of space): https://www.progineous.com/?plan=reseller-hosting

Cloud Hosting: https://www.ProGineous.com/cloud-vps-hosting
Unmanaged Dedicated Server Hosting: https://www.ProGineous.com/dedicated-server-hosting/unmanaged
Managed Dedicated Server Hosting: https://www.ProGineouscom/dedicated-server-hosting/managed

Email Hosting (POP3, SMTP, IMAP): https://www.ProGineous.com/email-hosting
Domain Registration: https://ProGineous.com/cart.php?a=add&domain=register

These Services enable certain software and development options, including those located at: https://www.ProGineous.com/solutions.

Terms Specific to Domain Name Services.
1. We resell domain names. When you apply to register a domain name, your request is transmitted to eNom(www. dynadot.com). By using our Domain Name Services, you agree to be bound by dynadot’s domain name registration policies and procedures, so please read them. These policies and procedures are available at: https://www.dynadot.com/terms-of-use. Because of the mechanics of domain name registration, we cannot guarantee that your domain name will be registered. After registration, it is your responsibility to ensure your domain name does not lapse and is timely renewed and we are not responsible for any lapse or any damages caused by any lapse. We will make commercially reasonable efforts to renew any domain names that are set to auto-renew. NOTWITHSTANDING THE FOREGOING, ANY SUCH RENEWAL IS YOUR RESPONSIBILITY AND WE SHALL HAVE NO LIABILITY FOR THE FAILURE OF ANY SUCH RENEWAL OR AUTO RENEWAL, ANY RELATED DOMAIN EXPIRATION OR THE REGISTRATION OF ANY EXPIRED DOMAIN BY A THIRD-PARTY.
2. It is your sole responsibility to fully investigate and ensure that the domain name you register does not infringe on the legal or intellectual property rights of others. We do not check to see whether a domain name you register or use infringes on the rights of any third party and we suggest you seek advice of legal counsel before registering any domain.

Pro Gineous will use commercially reasonable efforts to comply with any legal order to cancel, modify, or transfer your domain name. ICANN’s Transfer Policyrequires a 60 day transfer lock to apply to your domain name(s) in the event of any “Change of Registrant.” Pro Gineous currently locks your domain name for any change involving your WhoIs information. This feature is designed to protect your domain from any unauthorized attempt to transfer your domain. We do not offer an option to opt out of the 60 day transfer lock. Any “Change of Registrant” as defined by ICANN’s Transfer Policy will subject the domain to a 60 days transfer lock. Please note that the parameters that trigger the 60 day transfer lock are subject to change. The current parameters which trigger the 60 day lock include: (A) change of registrant First Name, (B) change of registrant Last Name, (C) change of registrant Organization Name, (D) change of registrant Email. You also agree and understand ICANN’s policies for Domain Verification and any other current or future policies they might enact. More information can be found here: https://www.enom.com/reseller/legal-policy-agreements/registrant-benefits-and-responsibilities/, https://www.icann.org/en/resources/registrars/registrant-rights/educational, and https://www.icann.org/en/resources/registrars/registrant-rights/benefits

Terms That Apply to All Hosting Services.
1. Our Hosting accounts are allocated bandwidth depending on the package you select. The bandwidth for Services purchased does not rollover and is not creditable across periods. In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account, your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion.
2. We will provide, as part of the Service cost, the number of primary IP addresses included in the plan you select. You may request additional IP addresses for an additional fee. If we need to change one of your assigned IP addresses we will notify you of the change by email. You may use the IP addresses provided only in association with the Services and they may not be transferred.

In using our hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services, including suspension or termination of your account or a reduction in bandwidth available for your use (also known as bandwidth throttling), in our sole discretion. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.

Terms That Apply To Particular Hosting Services.
1. For all Unmanaged Hosting Services, you are solely responsible for providing the firewalls and software and for all installation, maintenance, security, and backup for the Unmanaged Hosting Services.
2. If you utilize Managed or Unmanaged Hosting Service with Root Access, you acknowledge that you are solely responsible for any changes you make while using such access and Pro Gineous may not be able to correct any changes, recover data, or reverse any damage you do when using Root Access capabilities. We will use commercially reasonable efforts to troubleshoot issues upon request, as stated in our Support Policy, located at: https://www.Pro Gineous.com/policies/#Support-Policy.

Cloud VPS Hosting accounts are billed by usage and charges will accrue over the billing period based on the resources used. The initial purchase payment is put on your account as a credit that is then applied to your next invoice(s). Since configurations can be changed at any time, your invoice will always show an itemized breakdown of the resources used. Additional details can be found in our Billing & Refund Policy.

VPS Hosting accounts are allowed to use a maximum of two million (2,000,000) inodes.
Shared Web Hosting accounts are allowed to use a maximum of six hundred thousand (600,000) inodes and thirty-five (35) concurrent HTTP connections to the server. Backups should be downloaded and removed after creation.
For Shared, Reseller, Managed and Core Managed Hosting accounts, backups older than thirty (30) days in a customer account may be removed from the server at our discretion.

For Shared Web Hosting and Reseller Hosting, the terms “unlimited” and “unmetered” are defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Shared and Reseller Web Hosting Use may not include: (i) streaming content (other than that which is incidental to your website’s operation), (ii) management of very large photo galleries, (iii) storage of a large amount of uncompressed or full-size digital images, (iv) online file (FTP) serving, (v) distribution of large audio or video content such as MP3 files, and (vi) online backups (i.e. backup of desktop/laptop computer, files, or anything not directly related to the website). You agree that we may remove impermissible materials from our servers at any time in our sole discretion without notice. We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers: (i) cPanel or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for core website functionality or not containing any valuable data.
For our cPanel Shared Web Hosting and cPanel Reseller Hosting Services, our complimentary JetBackup will provide complimentary backups of your data. These backups will be done using our commercially reasonable efforts and may not include all files, including some email files, due to technical constraints. Pro Gineous Cloud Backup powered by JetBackup are limited to an aggregate 50GB quota. If you exceed 50GB of disk usage in your account, your account will no longer be backed up. Please download any cPanel backups and store them locally.

Reseller Hosting accounts are allowed to use a maximum of six hundred thousand (600,000) inodes per account and thirty-five (35) concurrent HTTP connections to the server. Backups should be downloaded and stored remotely.
Email Hosting enables a user to use specific Services, including cPanel services, to create or delete email accounts, manage passwords, set mailbox space quotas, or configure other server-specific settings. Email Hosting services are subject to certain storage limitations and we auto-delete email in your trash or deleted folder after such email becomes more than thirty (30) days old in order to help you manage storage limits. We may also delete mail in your spam or bulk mail folder after such email becomes more than thirty (30) days old in order to help manage storage limits. Notwithstanding any automatic complimentary backup services, you should backup and save your emails locally to ensure they will be available when needed. If an email is deleted, we will use commercially reasonable efforts to retrieve such email but cannot guarantee recovery of any emails. Email accounts may be subject to storage quotas specified in a particular package.
Our Email Hosting Services do not ensure that your inbound and outbound emails will be delivered; settings beyond our control may impact email deliverability, including emails being sent to a spam folder or emails not being delivered at all. IP address blacklisting beyond our control may also affect email delivery.
Resellers

Whether you are a reseller or use Reseller Hosting Services, you agree to abide, and be bound, by the terms of these TOS and our Policies, including all provisions related to indemnification and termination for a violation of these TOS and our Policies. All additional or different terms, representations, warranties or covenants than those included in these TOS or our other Policies, including those made about the capabilities of any Services by any third party, are specifically disclaimed. Further, such proposed additional or different terms shall be deemed a violation of the Terms of Service and could result in cancellation of your account.

Access

You will not have physical access to any of the servers on which your data is stored. These servers will often be shared with third parties. Use by any third party may affect your use and administration of the server. You shall not take any actions to limit the use of or alter the server or Service functionality or the functionality of any related equipment.

Control Panels

cPanel.
1. cPanel Services are provided through a third party. When you subscribe for use of cPanel with any of the Services, you agree to be bound by cPanel’s End User License Agreement, available at: https://cpanel.com/legal-store.html. Please be sure to review cPanel’s End User License Agreement before use of cPanel-related Services.
2. Starting on January 1, 2021 (the “New cPanel License Start Date”), if your web hosting plan comes with access to cPanel-related Services, a cPanel license will be applicable to your plan. Your web hosting plan will determine which type of cPanel license will be applicable. Each cPanel license type comes with a set number of cPanel accounts that can be created. If you need additional cPanel accounts than what is included with your plan’s default cPanel license, you may be required to either upgrade your plan or purchase additional cPanel accounts..
Services are provided through a third party. When you subscribe for use of Plesk with any of the Services, you agree to be bound by Plesk End User License Agreement, available at: https://www.plesk.com/eula/. Please be sure to review Plesk’s End User License Agreement before use of Plesk-related Services.
Jetpack for WordPress. Jetpack Services are provided through a third party, Automattic Inc. When subscribing to Jetpack services in connection with hosted WordPress sites with us, you agree to be bound by Jetpack’s End User License Agreement, available at: https://wordpress.com/tos/. Please review Jetpack’s End User License Agreement before using any Jetpack Services on websites hosted with us.
Titan email services are provided through a third party, FLOCK FZ-LLC DMCC. When subscribing to Titan services with us, you agree to be bound by Titan’s Agreements and Policies including but not limited to Titan’s Customer Terms and Titan’s Privacy policy, available at: https://support.titan.email/hc/en-us/sections/360006033194-Agreements-and-Policies. Please review Titan’s Agreement and Policies before using any Titan services provided through us.
Note that with respect to any control panel Services, whether Plesk or cPanel, your use of such Services may not exceed that of similarly situated customers and you agree that we may place restrictions on your use of the Services to the extent that they exceed the use of these resources by similarly situated customers. Restrictions may include a requirement to remove inactive or unused accounts, logins or licenses to moderate your use of control panel Services.
Enrollment; Account Information
YOU WARRANT THAT BEFORE YOU USE ANY OF THE SERVICES OR SIGN UP FOR AN ACCOUNT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE AUTHORITY TO BIND YOURSELF OR THE ENTITY YOU REPRESENT TO THESE TOS. You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening. Further, before using the Services, you represent and warrant to Pro Gineous that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, which come from using the Services in particular, and doing business on the Internet in general; and (iii) you will provide us with material that may be implemented by us to provide the Services.
Account Information. You are required to provide us with accurate information when setting up your account. You must also keep this information, including your email address, up to date during the course of our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third party application, including as a result of your failure to maintain updated account and contact information or for circumstances beyond our control.
Account Security
1. You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. Pro Gineous is not liable for any damages, direct or indirect, that result from unauthorized account access or use.
2. In addition to terms under the Support Policy, located at https://www.ProGineous.com/policies/Support-Policy, in connection with support services, you will be responsible for all authorized actions taken by our support personnel using your login. Before you request support, you should backup your data.

You agree to give Pro Gineous permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our Policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.

Term of Agreement; Billing & Payment.

Term. We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the “Effective Date”). We will begin delivery of the Services on the Effective Date and continue until the date set out on the page describing the Services located at https://www.com/ap (“Initial Term”).
AUTOMATIC RENEWAL. The Initial Term will AUTOMATICALLY RENEWfor successive periods of equal duration (each a “Renewal Term”). For more information on automatic renewal, please see our Refund and Billing Policy located at: Refund Policy – Pro Gineous. If you wish to discontinue the Services, you need to notify us by using one of the methods below before automatic renewal for a Renewal Term. You can notify us by:
1. Submitting a cancellation at least one (1) day before the beginning of a Renewal Term through our online cancellation form found at https://www.ProGineous.com/ap; or
2. Contacting us at least fifteen (15) days before the beginning of a Renewal Term by sending an email to billing(at)Pro Gineous.com(replace “(at)” with “@”) or contacting us through our customer portal at https://www.ProGineous.com/ap.
Regardless of the method of termination by you, valid proof of account ownership and authorization to cancel are required to terminate an account.
1. Termination for Convenience.
  1. Either party may terminate the Services for convenience upon fifteen (15) days prior by providing written notice to the other. We only accept cancellations through our online cancellation form found at https://www.com/ap. If you terminate for convenience, you will be responsible for all charges for the duration of the then active Initial or Renewal Term.For details on our Money Back Guarantee, please see our Refund & Billing Policy, located at Refund Policy – Pro Gineous.
  2. Before cancelling, we request that you, but do not require you to, contact us and request an escalation of your issue if your cancellation is due to unsatisfactory services or an unsatisfactory answer to a previous issue. If your agreement with us is for a set term, please contact usprior to canceling to determine what your charges will be in connection with the termination. All cancellation requests need to be submitted through our online cancellation form found at https://www.com/ap.
2. Pro Gineous Termination. We reserve the right to immediately suspend or cancel the Services without notice: (a) for a violation of these TOS, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service interruption by an Internet Service Provider or other network services provider, or (d) to protect the integrity of Pro Gineous’s network or the security of the Services. You are not entitled to notice or protest should we exercise these rights. Upon termination, your account will be closed, data deleted, and all fees and charges due and payable must be paid to us. Once your account is closed, we have no responsibility to: (x) forward email, or other communications or (y) maintain any data backup that predates the termination date. If allowed, you are encouraged to keep the Service active during a transition period should you seek to forward your email or other communications. If we suspend or terminate your use of our Services because you have violated these TOS, including any of our Policies, we will not provide you with a credit.

For Breach. You may terminate the Services upon the occurrence of a material breach by Pro Gineous, which has not been cured within thirty (30) days of our receipt of written notice of the breach. A material breach does not include any of the items listed in Section 19(b). Notice of a material breach must contain sufficient detail for us to identify the breach and attempt to take corrective action.

Post Termination Access. If we are able to provide data from backup in an account that has been terminated, you will be subject to a one-time charge of seventy-five dollar ($75) or more to cover the cost of the access. All data in accounts that are not renewed or are terminated will be removed from our servers and will likely be irretrievably lost. Any domain registration packages associated with these accounts will also be canceled.
Billing, Refund & Payment. Please see our Refund & Billing Policy, located at:Refund Policy – Pro Gineous for additional details on billing, refunds, and payment processes and procedures.
Money Back Guarantee

We don’t want any customers to leave. However, if you do want to leave, we offer a Money Back Guarantee that will allow you to receive a full or partial refund of certain fees. For details on this policy, please see our Refund & Billing Policy, located at:Refund Policy – Pro Gineous.

Use of the Services

Your use of the Services is governed by these TOS, including our Policies. PRO GINEOUS PROVIDES NO GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR CONTINUOUS, OR THAT YOU WILL BE ABLE TO ACCESS PRO GINEOUS’S NETWORK AT A PARTICULAR TIME, OR THAT ANY DATA TRANSMITTED BY PRO GINEOUS IS ACCURATE, ERROR FREE, VIRUS FREE, SECURE, OR INOFFENSIVE.

Testimonials

You may provide us with a written or verbal endorsement of our Services in connection with your use of the Services (“Endorsement”). The Endorsement will be the actual first-hand account of your experience using our Services. Any Endorsements you provide will be owned by us and we may, at our discretion, use the Endorsement to promote our Services in-person, in print, online, and all other media. We may also edit the Endorsement for brevity or other reasons, so long as it is consistent with your original Endorsement. In connection with our use of your Endorsement, you hereby agree that we may use your first name, last initial, home state, voice or likeness, and/or contact information in connection with its publication of the Endorsement. If, at any time, you want us to stop using your Endorsement, please contact us using the contact information in Section 18 and we will cease using the Endorsement soon after processing your request.

Data Backups

YOU ACKNOWLEDGE THAT IT IS SOLELY YOUR RESPONSIBILITY TO REGULARLY BACK-UP AND MAINTAIN COPIES OF YOUR DATA OUTSIDE OF PRO GINEOUS’S NETWORK. Pro Gineous is not responsible for any data loss or corruption, including that result from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.

Licenses; Intellectual Property; Data Ownership
Services performed or provided by Pro Gineous are either Pro Gineous’s original work or are the works of third parties from which Pro Gineous has obtained necessary permissions to provide and are not “works made for hire”. We hereby grant you a license to use the Services and technology under the terms of these TOS, including our Policies. The license is non-exclusive, non-transferable, non-sublicensable worldwide, and royalty free and terminates when you or Pro Gineous terminates the Services.
All right, title and interest in Pro Gineous’s technology and the Services shall remain with Pro Gineous, or Pro Gineous’s licensors. You are not permitted to circumvent any devices designed to protect Pro Gineous, or its licensors’, ownership interests in the technology or Services provided to you. In addition, you may not reverse engineer this technology or the Services.
We use all information we gather as specified under the terms of our Privacy Policy. You hereby grant Pro Gineous, and any third parties used by Pro Gineous to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Services.
For information on how we share data and other confidential information, please see our Privacy Policy, located at https://www.Pro Gineous.com/about/policies#Privacy-Policy.
Pro Gineous’s Warranty

Pro Gineous warrants that it will perform the Services in accordance with prevailing industry standards. To make a breach of warranty claim, you must notify Pro Gineous in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach. Your sole and exclusive remedy, and Pro Gineous’s sole and exclusive obligation, in the case of a breach of this warranty is, at Pro Gineous’s option, to (i) reperform the Services, or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted (“pro-rated”) by the amount of time they were in conformance. SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY.

Your Representations and Warranties
You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.
It is your responsibility to ensure that you can connect with us to use the Services. You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services.
You have read and agree to the terms outlined in the Pro Gineous Support Policy, located at https://www.Pro Gineous.com/policies/#Support-Policy.
You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any.
You warrant and represent that you and/or your company have not been identified or listed as Specially Designated National or Blocked Person by the U.S. Department of Treasury, Office of Foreign Assets Control.
Disclaimers
EXCEPT FOR THE WARRANTY IN SECTION 14 ABOVE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO PRO GINEOUS), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by Pro Gineous, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS. PRO GINEOUS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM DEFECTS OR ERRORS.
Pro Gineous is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or any of your customers via the Services provided by us. Pro Gineous is not responsible for any loss of data, for any reason. Pro Gineous is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.
Pro Gineous is not liable, and expressly disclaims any liability, for data breaches or data compromise caused by your failure to keep web applications including plugins up to date.
PRO GINEOUS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, PRO GINEOUS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE BY THESE THIRD PARTY ENTITIES TO PRO GINEOUS SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF THOSE WARRANTIES.REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express or implied, made by these third party entities to Pro Gineous shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties.
SOME STATES DO NOT ALLOW PRO GINEOUS TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.
Limitation of Liability
It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. YOU AGREE THAT PRO GINEOUS HAS NO LIABILITY, OF ANY SORT, FOR CONTENT YOU OR YOUR CUSTOMERS ACCESS FROM THE INTERNET.
IN NO EVENT SHALL PRO GINEOUS BE LIABLE TO YOU IN CONNECTION WITH THESE TOS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, FOR ANY: (A) DATA LOSS, (B) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (C) LOST PROFITS, LOST REVENUES, LOST BUSINESS EXPECTANCY, BUSINESS INTERRUPTION LOSSES, OR BENEFIT OF THE BARGAIN DAMAGES. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM “PRO GINEOUS” SHALL BE INTERPRETED TO INCLUDE PRO GINEOUS’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AND AFFILIATES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TOS OR ANY OF THE OTHER POLICIES, PRO GINEOUS SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF SALES, OR LOSS OF SEARCH ENGINE RANK, SUFFERED BY YOU, YOUR USERS, YOUR CLIENTS, AND YOUR VISITORS, INCLUDING DURING PERIODS OF SCHEDULED MAINTENANCE, SERVICE SUSPENSIONS, AND VIOLATION OF THESE POLICIES.
IN NO EVENT WILL PRO GINEOUS’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY PRO GINEOUS FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Pro Gineous will not be held responsible for any: (i) force majeure events described in Section 20(b), below, (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our Server Maintenance Policy. Our uptime commitment described in the Server Maintenance Policy, located at https://www.Pro Gineous.com/about/policies#Server-Maintenance-Policy, does not apply to disruptions to your use of the network because of a violation of these TOS, including our Policies.
Indemnification
You agree to indemnify, defend, and hold harmless Pro Gineous and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, employees, shareholders, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, reasonable attorney’s fees) arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from Pro Gineous personnel or authorize Pro Gineous personnel to conduct; (ii) any violation by you of these TOS or any of Pro Gineous’s Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS or the Services. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
Pro Gineous shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit, or proceeding brought or threatened against you so far as it is based on a claim that Services provided by Pro Gineous hereunder infringes any U.S. patent, copyright, or trademark. This indemnification provision is expressly limited to Services that are fully owned by Pro Gineous. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, Pro Gineous shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Pro Gineous promptly in writing of the claim and giving Pro Gineous full authority, information, and assistance for the defense and settlement thereof. If an infringement claim has occurred, or in Pro Gineous’s opinion is likely to occur, Pro Gineous shall have the right, at its option and expense, either to: (i) procure for you the right to continue using the Service(s); (ii) replace with the Service(s), regardless of manufacturer, performing the same or similar function as the infringing Service(s), or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate the infringing or affected Services and refund the Fees charged by us for the period in which the Services were unavailable.
Notices
Notices will be sent to you at the email address in your account. It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date.
Please refer to our website, https://www.Pro Gineous.com/, for contact information for most issues, including technical support and billing. Notices regarding this TOS and other Pro Gineous Policies should be directed to:

Pro Gineous, Inc.
P.O. Box 2998
Ann Arbor, MI 48106

Legal
Compliance with Law
1. U.S. export laws apply to your use of the Services. It is your obligation to confirm that your use of the Services complies with applicable laws and we encourage you to learn more about U.S. export laws to ensure that your use of our network complies with these laws. More information about U.S. export laws may be found at: https://www.export.gov/.
2. We may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request or to protect our business, or others, from harm. We assume no obligation to inform you that we have provided this type of information unless we have affirmatively agreed to do so. In some cases we may be prohibited by law from giving such notice. Cooperation with civil litigants is at our discretion. Responding to requests for production of documents, and other matters requiring more than mere ministerial activities on our part, will incur a fee of two hundred dollars ($200) per hour. We do not honor requests from civil litigants that expenses be pre-approved, and we may require a deposit to secure payment.
Force Majeure. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party’s reasonable control, including without limitation third party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by an excusable delay shall notify the other party as soon as possible, but in no event less than ten (10) days from the beginning of the event.
Choice of Law, Jurisdiction, and Venue. The validity, interpretation, and performance of these TOS, including our Policies, shall be controlled by and construed under the laws of the State of Michigan, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law. You agree that jurisdiction and venue for are exclusive in the Washtenaw County Circuit Court in Michigan or the U.S. District Court for the Eastern District of Michigan. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
All Claims. All claims you bring against us must be resolved in accordance with our Policies. Without limiting the previous sentence, this includes claims based on Service outages that are expressly covered by our Policies. All claims filed or brought contrary to our Policies will be considered to be improperly filed and a breach of our Policies. If you file a claim contrary to our Policies, we may recover attorney’s fees and costs. Attorney’s fees include any fees charged by our attorneys.
No Waiver. No waiver of a right under these TOS, including our Policies, shall constitute a subsequent waiver of such right under these TOS or any of our Policies.
Assignment. These TOS may be assigned by Pro Gineous. It may not be assigned by you. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
Severability. In the event that any of the terms of these TOS, including any of the Policies become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be revised to reflect Pro Gineous’s intent, as permitted by applicable law. All remaining terms of these TOS shall remain in full force and effect.
Survival. Sections 11 through 18 shall survive the termination of these TOS.
Construction. The terms “including”, “includes”, and “include” shall be deemed to be followed by the words “without limitation” and the illustrative items introduced thereby shall not limit the scope of the otherwise general term but shall be by way of example only.
Claims Period. No action or proceeding against us may be commenced by you more than one (1) year after the Service which is the basis for the action is rendered. You fully acknowledge that this limitation constitutes an express waiver of any rights under any applicable statute of limitations which would otherwise afford additional time for such a claim.

Server Maintenance Policy

Purpose

This is Pro Gineous, Inc.’s (“Pro Gineous”, “we”, or “our”) Server Maintenance Policy. This Server Maintenance Policy discusses the ways in which we maintain our technology to improve and administer the Services (as defined in the Terms of Service) and how you will be impacted by those actions. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: https://www.Pro Gineous.com/policies/#Terms-Of-Service.

Availability

We offer a 99.9% uptime commitment. We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week. However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.

Maintenance

Planned outages, including Scheduled Downtime, during these periods will not fall under our 99.9% uptime commitment. Pro Gineous will make a reasonable effort to advise Pro Gineous customers as far in advance as possible of any predicted extended outages.

Definitions. Three types of maintenance downtimes are defined:
1. Routine Maintenance” means a weekly short downtime necessary for quick updates and patches requiring reboots or restarts.
2. “ Comprehensive Maintenance” means a longer monthly or otherwise scheduled downtime necessary for more significant enhancements.

“ Emergency Maintenance” means a service affecting maintenance that is so severe it requires immediate attention.

“ Scheduled Downtime” includes (i) and (ii) above.

The Scheduled Downtime intervals are as follows (the time zone is where the data center or server is located):
1. Routine Maintenance Window (Weekly). Sunday mornings, from 12:00 AM until 5:00 AM, outages should not exceed fifteen (15) minutes unless other problems are encounteredand will NOT be announced.
2. Comprehensive Maintenance Window (Monthly or Scheduled). First Saturday evening of every month from 7:00 PM until 7:00 AM Sunday morning or otherwise scheduled and communicated to affected customers via your contact email address.

Emergency Maintenance. This type of maintenance is inherently not scheduled and is only used in extreme circumstances. We will make our best effort to notify customers should this become necessary.

Limitations. This Server Maintenance Policy includes but is not limited to: (i) shared servers and accounts, (ii) reseller servers and accounts, (iii) VPS servers and accounts, (iv) dedicated servers and accounts, (v) all network equipment, and (vi) internal websites such as billing and support. Major system upgrades may require additional Scheduled Downtime.
Backup of Data

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. Pro Gineous is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.

Customer Responsibilities
It is the responsibility of the customer to make sure that all Services being provided on their servers are setup to resume operations automatically upon reboot or restart of the particular Service you have with us. Pro Gineous will not be held responsible for any problems or service outages caused due to reboots during standard maintenance periods.
WE HAVE NO RESPONSIBILITY FOR DOWNTIME RESULTING FROM YOUR ACTIONS.
Please contact support at https://www.com/ap and file a ticketif you have any questions.

Support Policy

Purpose

This is Pro Gineous, Inc.’s (“Pro Gineous”, “we”, or “our”) Support Policy. The purpose of this Support Policy is to clearly lay out Pro Gineous’s support policies and procedures so that all customers have a clear understanding of what can be expected of us and what we expect of you, our valued customer, in connection with our delivery and your use of the Services (as defined in the Terms of Service). We ask that every customer read these policies and familiarize themselves with them. We look forward to providing quality support for all of your hosting needs. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: https://www.Pro Gineous.com/policies/#Terms-Of-Service.

Backup of Data

Methods of Support
Support Generally. Support we offer is included as a Service. We do not charge for responding to technical support tickets, phone calls or LiveChat but we do expect you to abide by the terms of this Support Policy and our other Policies when utilizing this Service.
Technical Support Tickets. This is our primary support system. Almost ALL issues will require the submission of a trouble ticket. This is our preferred method because of the ability to track issues to resolution and give us time to properly review and research problems. Please do not submit multiple tickets about the same problem as that simply creates confusion. If you need to add information to an existing ticket, please do so in the existing ticket by logging into the support system or by replying to the ticket email.
LiveChat. LiveChat is available by clicking the Live Help button on our website. This gives you the ability to immediately contact one of our representatives. Due to the nature of live chat, our goal is to gather all necessary details and open a support ticket on your behalf. Our team is focused on ensuring proper resolutions as quickly as possible.
Phone. In the unlikely event that you experience a service interruption, we ask that you immediately call our support team and report the issue. Our support staff will work with you to resolve the issue. We understand that your time is valuable and we do our best to avoid any live troubleshooting of issues. Our staff will gather as much detail from you during your call and open a ticket on your behalf. We would be more than happy to call you back if you provide a call back number or we will attempt to use the phone number associated with your account if no call back number is provided.
Customer Relationships

We strive to provide you with courteous, professional, and technically accurate support. Although we understand how frustrating technical problems can be, we ask that you treat us with respect and we will do the same in return. Our ultimate goals are the same, providing you with accurate support in a timely manner. If you feel you have been treated unfairly or have any other complaints, you may contact us to reach a supervisor directly.

Support Hours

The timeframes below are when the applicable method of support is provided. You can of course submit tickets outside this time frame, but answers may not be received until business hours resume.

Support

Technical Support Tickets: 24 hours a day, 7 days a week

LiveChat: 24 hours a day, 7 days a week

Phone: 24 hours a day, 7 days a week

Billing Tickets: Monday-Friday 9:00AM – 7:00PM US Eastern Time

Billing and Sales Support

Billing and Sales tickets are handled as quickly as possible. Please see our Refund and Billing Policy, located at:Refund Policy – Pro Gineous , for more information regarding Pro Gineous’s billing policies. You can view invoices and update your payment method by accessing the customer portal located at: https://www.ProGineous.com/ap.

Acceptable Use Policy

Purpose

Thank you for your business. This is Pro Gineous, Inc.’s (“Pro Gineous”, “we”, or “our”) Acceptable Use Policy. This Acceptable Use Policy (“AUP”) discusses expectations we have for you and your obligations when using our Services (as defined in the Terms of Service.) Pro Gineous, Inc. is in the business of facilitating communication between computer networks. Our goal is to allow our users complete access to everything the Internet has to offer, and to help them build their businesses. This AUP facilitates this goal by governing your use of the Services. Because of the evolving nature of the Internet, our business, and the various ways in which our, equipment, technology or network may be abused, abusive activities not set out in this AUP may still be prohibited. For the same reason, we reserve the right to update this AUP from time-to-time. The most recent version will always be posted here. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: https://www.Pro Gineous.com/policies/#Terms-Of-Service.

Pro Gineous Policies; Third Party Policies
This AUP and our other Policies are part of your contract with us, and governs your use of our network and resources and our provision of the Services (as defined in the Terms of Service.) If you are a customer, you’ve agreed to abide by our Policies by using the Services or when you checked “I agree” to our Terms of Service. If you are not our direct customer, you agree to abide by this AUP by using the Services provided by or through us.
You are bound by policies from third parties that provide Services to you through Pro Gineous. You are strongly encouraged to review such policies prior to agreeing to be bound by this AUP. We will provide you with additional information about those policies on request.
Appropriate Use of Pro Gineous Services

Intellectual property rights are respected. Please see the terms of our Digital Millennium Copyright Act (DMCA) Policy, located at https://www.Pro Gineous.com/policies/dmca/, for the process to notify us regarding potential intellectual property rights infringement. You are required to comply with U.S. laws governing copyrights, trademarks, patents, and other laws governing your use of the Services and intellectual property.

Prohibited Uses
Unsolicited commercial email, or SPAM, is prohibited. Our network is not designed to be used for mailing lists with over five hundred (500) recipients and you may not send an email to more than five hundred (500) recipients. If you need to send an email to over five hundred (500) recipients, please contact our Support Team for a list of other service providers that can assist with this task. Even if you send email to fewer than five hundred (500) recipients, we will consider your mail to be unsolicited, or SPAM, if it results in a number of complaints to us, disrupts our network, or subjects us to unfavorable action by other Internet providers. Please review the “CAN-SPAM Act” and ensure that any commercial email you send complies with this Act. Email that is “CAN-SPAM compliant” may still otherwise be prohibited by our AUP. If you believe one of our customers is engaged in spamming, please send an email containing all headers, and your contact information, to: abuse(at)Pro Gineous.com(replace “(at)” with “@”).
Certain content is prohibited. You are responsible for any content transmitted, or accessed, using our network. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited. You may not use our network to facilitate the violation of any particular law or regulation or this AUP. The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited by this AUP and is not exhaustive. Use of our network to host content related to or to engage in the following activities is strictly prohibited.
1. Topsites;
2. IRC scripts/bots, IRCD (irc servers), AutoSurf/PTC/PTS/PPC sites;

IP scanners, Bruteforce Programs/Scripts/Applications;

Mail Bombers/Spam Scripts;
File Dump/Mirror Scripts (similar to rapidshare);
Anonymous or Bulk SMS Gateways;

Websites or links to websites advocating human violence and hate crimes;
Websites promoting illegal activities. or linking to other websites that promote illegal activities;

selling, or otherwise disseminating, pornography or other erotic material, regardless of its literary merit;
hosting adult thumbnail galleries/banner exchanges;
lottery/gambling or chain letters, regardless of content, and regardless of your citizenship;

advertising, advocating or operating High-Yield Interest Programs (HYIP) , Ponzi or Pyramid schemes, prime banks programs, Bank Debentures/Bank Debenture Trading Programs, or Related Sites;
fraudulent sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
broadcasting or streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.) or television;

cryptocurrency/bitcoin miners;

impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service;
dox or posting personally identifiable information such as addresses and phone numbers of individuals with the hope of causing damage or harm to said person. This does not cover Government officials when providing contact email addresses or the representatives work phone;
content that promotes or advocates human trafficking in any way shape or form as determined by Pro Gineous’s sole discretion, sites that promote prostitution, or escort services;
network unfriendly activity (ex: attempts to interfere with our network or network connections or which adversely affect the ability of other people or systems to use our network or the Internet);

creating, posting or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses, worms or Trojan horses, engaging in denial of service attacks, or hosting content that is intended to assist others in defeating technical copyright protections;

posting links to prohibited items, facilitating a violation of our Policies, or instructing others in illegal or prohibited activities; and
setting up or using (via the Service) proxies, proxy scripts/anonymizers of any kind.
Drugs, controlled substances, and tobacco. To encourage safety and deter potentially harmful activities, we prohibit attempts to host content related to certain goods and services on our platform. This includes content that attempts to buy, sell, trade, solicit, donate, or gift: non-medical drugs (drugs or substances that are not being used for an intended medical purposes or are used to achieve a high – this includes precursor chemicals or substances that are used for the production of these drugs), marijuana, CBD, pharmaceutical drugs (drugs that require a prescription or medical professionals to administer), tobacco products (including vaping products, smokeless or combustible tobacco products, synthetic nicotine products, E-cigarettes, and other ENDS [Electronic Nicotine Delivery Systems]), and medical and herbal supplements.

If you believe that another customer is using our network in violation of these Policies, please contact us.

Defamation. Websites hosted on Pro Gineous servers are regulated by U.S. law. Pursuant to Section 230(c) of the Communications Decency Act of 1996, Pro Gineous’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a Federal or state court of the United States, as evidenced by a court order. As a hosting service provider, Pro Gineous is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system to provide guidance and to determine whether or not material is indeed defamatory. If a Federal or state court of the United States deems material to be defamatory, libelous, or slanderous in nature, we will fully comply and disable access to the material in question in accordance with a court order. Similarly, if a Federal or state court of the United States places an injunction on specified content or material being made available, we will comply and remove or disable access to the material in question, per a court order.
Network Stability. Our network is designed to meet the anticipated needs of our customers, users, and our needs. If we determine that your use of the Services is in breach of our Policies or impairs the stability of our equipment, technology or network, we may suspend your use of the network, throttle back the bandwidth available for your use, or terminate our agreement with you, in our sole discretion.
Monitoring of Communications. We have the duty and obligation to comply with U.S. law. In certain cases that means that your use of the Services will be monitored. You agree that we are not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that you have no expectation of privacy. From time-to-time we may monitor your use of the network for statistical purposes and to improve the use of our network. Any such monitoring will be done in accordance with our Privacy Policy, located at https://www.Pro Gineous.com/policies/#Privacy-Policy, and our Terms of Service, located at https://www.Pro Gineous.com/policies/#Terms-Of-Service.
Child Pornography. Pro Gineous takes a strong zero tolerance stance on child pornography, content perceived to be child pornography or child exploitative content. Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.
Use of Services
IP Addresses. The IP addresses we assign to you are the only ones you may use in connection with the Services. Your use of the Services may be suspended if we determine that you are using other IP addresses. IP addresses are part of your use of the Services, and are owned by us and simply assigned to you while you are a customer. We may change these addresses if necessary. IP addresses may not be assigned or transferred, and will be recycled by us if you terminate your use of the Services.
Software. We may provide software for you to use while you are a customer as part of the Services. Generally speaking, this software is sublicensed to you, and may not be further sublicensed or used for purposes other than those expressly permitted in our TOS or our other Policies, and in the documentation provided with the software. You will be given, or given access to, a software license. This license may further restrict your use of the software. We do not provide support for software whether you license it through us, or have licensed it independently.
Client Notification

In the event of a violation of any of our Policies, including this AUP, our Compliance Team will take commercially reasonable steps to notify you via email with relevant details about the alleged violation. Compliance with applicable Federal, State, and Local laws, and court orders will also be taken into account when we respond to alleged violations.

Contacting Us

We encourage you to contact us if you believe that someone has violated this AUP. To facilitate this contact, and ensure that important matters are responded to and addressed, we have designated specific channels for communicating with us. Individuals who contact us about this AUP, the behavior of our customers, or for other purposes, are required to provide us with accurate information to enable us to contact them and respond to their requests. We do not respond to anonymous correspondence, and will refer individuals who deliberately attempt to mislead us regarding their identity, or the basis for their complaints, to appropriate law enforcement officials. Nothing you send or communicate to us is confidential regardless of whether you claim that it is.

Please send all email correspondence to: abuse(at)Pro Gineous.com (replace “(at)” with “@”)

Mailing Address:

Pro Gineous, Inc.
P.O. Box 2998
Ann Arbor, MI 48106

Date of Policy

This Acceptable Use Policy was last updated August 29, 2018.

Refund & Billing Policy

Purpose

This is Pro Gineous, Inc.’s (“Pro Gineous”, “we”, or “our”) Refund & Billing Policy. This Refund & Billing Policy discusses the ways in which we charge customers for use of the Services (as defined in the TOS) and related questions about charges, refunds and billing disputes. Capitalized terms used but not defined in this policy have the meaning given to them in our TOS, located at: https://www.Pro Gineous.com/policies/#Terms-Of-Service.

AUTOMATIC RENEWAL
Package Renewal. AS SET FORTH IN OUR POLICIES, ALL HOSTING PLANS AND DOMAIN NAMES ARE SET TO AUTOMATICALLY RENEW ON THEIR RENEWAL DATE AFTER THE INITIAL TERM AND ANY RENEWAL TERMS TO PREVENT ANY DISRUPTION IN THE SERVICES.. YOUR INITIAL RENEWAL DATE WILL APPEAR ON THE CHECKOUT SCREEN WHEN YOU INITIALLY PURCHASE SERVICES. SUBSEQUENT RENEWAL DATES WILL BE LOCATED ON EVERY INVOICE YOU RECEIVE FROM PRO GINEOUS AS WELL AS THE SERVICES AND DOMAINS SECTIONS OF THE CLIENT PORTAL. You will also be emailed an invoice for the renewal term at the email address in your account in advance of any renewal with the terms of the upcoming Renewal Term, including duration and price of such renewal. If you wish to cancel, you may do so as set forth in Section 8(b)(i) of our Terms of Service, located at: https://www.Pro Gineous.com/policies/#Terms-Of-Service
Domain Name Renewal. Domain names are set to AUTOMATICALLY RENEW five (5) days before the expiration date to ensure no disruptions occur since URLs will immediately redirect to a landing page if a domain expires.
1. Please note that all payment methods that allow charges to be automatically applied will be charged five (5) days before the domain’s expiration date per the invoice UNLESS YOU CANCEL MORE THAN two (2) days before the renewal date (which is seven (7) days before the extension of domain name service is effective.) If your payment method of choice does not allow automatic payments to be applied, payment must be made manually on or before the invoice due date or the domain name may lapse.
The Due Date for Fees for renewed packages is the package renewal date.
Failure to Renew. Accounts that have invoices which are more than fourteen (14) days overdue will be suspended. If a suspended account is to be reactivated, all of the overdue invoices will need to be paid to make it current before the suspension is lifted. Accounts that are suspended for more than 14 days are considered abandoned and are subject to termination. Termination includes removal of all associated data on our system. Please see the Post Termination Access section for more information.
Responsibility for Payment
You are responsible for all charges, costs, expenses and other fees (the “Fees”) associated with your use of the Services once our Services are made available to you. Your first invoice is generated at the time you purchase the Services. An invoice, which will include the duration and price of such renewal for any Renewal Term, is generated three (3) days prior to the first day of the Renewal Term (the “Due Date”) unless other arrangements have been made or a cancellation request has been submitted from the client portal. The invoice will also be available in the “My Invoices” section of the Client Portal. You are responsible for the fees and charges set out within the emailed invoice you pay on the Effective Date and any other invoice generated for a Renewal Term. If paying by credit card, Paypal Billing Agreement, or any other payment method capable of automatic charge, you will be charged on the Due Date. New Services, packages or domains that are ordered and unpaid after seven (7) days will be canceled.In the event that the customer fails to pay for services given, Pro Gineous may assign unpaid late balances to a collection agency for appropriate action. You agree to reimburse Pro Gineous for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses, if legal action is necessary to collect payment on balances due.
In the event that the customer fails to pay for Services given, Pro Gineous may assign unpaid late balances to a collection agency for appropriate action. You agree to reimburse Pro Gineous for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses, if legal action is necessary to collect payment on balances due.
Price Adjustments. To remain competitive, we occasionally make changes to our plans and pricing. To have your plan updated to current offerings please contact our billing team. We cannot go back and modify invoices that have already been paid but will be happy to modify your plan for new invoices.
1. To remain competitive, we occasionally make changes to our plans and pricing for reasons that include, but are not limited to, fluctuations in non-US Dollar denominated currencies, as detailed in Section 7(b) below. Except for fluctuations in non-US Dollar denominated currencies as detailed in Section 7(b) below, no price changes will be effective without your consent in the middle of an initial term or any Renewal Term but prices may change between Renewal Terms. All price changes will be reflected in the emailed invoice sent to you.
2. The charges, which may include an adjusted price, will be applied on the Due Date, as specified above. YOU MUST CANCEL YOUR SUBSCRIPTION TO AVOID AN INVOICE TRIGGERING PAYMENT OF THE ADJUSTED PRICE BEING PROCESSED FOR A RENEWAL TERM.

You may also opt to change plans in the middle of a term or Renewal Term. We cannot go back and modify invoices that have already been paid but will be happy to modify your plan, and adjust prices for Services, for new invoices that have not yet been paid for any Renewal Term.

Cancellation or Consent to Mid-Term Price Changes. In the event a material change in our business or our supplier’s prices or services requires us to alter our Services offering to you in the middle of the initial or Renewal Term, we will provide you a notice specifying the proposed change(s) in reasonable detail. In the event of such material change(s) to the Services, including but not limited to a change to the duration of the then-current term, the scope or type of Services being offered or the price for such Services, you will have thirty (30) days from the date of such notice to either: (i) consent to the change(s) and accept the altered terms for the Services from the date of your consent or (ii) allow the Services to be terminated after the thirty (30) day period expires. If you do not consent to the changes and accept the altered scope within the thirty (30) day time period, you acknowledge and agree that Pro Gineous may terminate the Services before the end of the then-current term without further notice or consent.
Money Back Guarantee
Certain Hosting Services carry an unconditional thirty (30) day satisfaction guarantee. To cancel your Hosting Services and receive a refund of our fees, you must contact us via the Client Portal within thirty (30) days from the Effective Date and a refund will be issued.
If you cancel thirty-one (31) to ninety (90) days from the Effective Date, you will be issued a pro-rata refund of fees for Hosting Services based on the unused portion of the Hosting Services left on your current subscription.
If you cancel after ninety (90) days from the Effective Date, you are not entitled to any refund and any refund you do receive is at our sole discretion.
Refund requests received after one hundred twenty (120) days from the Effective Date will be issued via PayPal. Refunds are not offered for partial months of service. Accounts that are terminated due to violations of our Policies are not eligible for a refund.
All third party fees, including domain registration fees, setup fees and migration fees, are non-refundable, non-negotiable and excluded from our Money Back Guarantee. Further, SSL certificates have a Twenty Five (25) day refund window from time of purchase.
For Managed WordPress plans that come with an included SSL certificate, any Money Back Guarantee refund requests received after the Twenty Five (25) day SSL refund window but still in the Money Back Guarantee window will have $5.00 held back from any Money Back Guarantee refund.
For free domain registration promotions (.com, .net and .org), the retail price of the domain $14.95 will be deducted from any refund amount upon cancellation. You will retain the domain registration.
Refunds

Accounts that are terminated due to Terms of Service violations are not eligible for a refund or any service credits. Domain registrations, setup fees and migration fees are not refundable. Service credits have no cash value and are extended at our discretion. Service credits expire at the earlier of your account expiring, being terminated, or twenty-four (24) months from the date it was issued.

All refunds are subject to the terms of service for any third party payment processor and those terms take precedence over the terms in the TOS and our Policies. In the event we are unable to refund any fees or charges via the method of payment, we will use commercially reasonable efforts to return or credit the appropriate funds to you.
If you paid us by credit card we will credit the card on file. If you paid us by PayPal, we will take steps to refund the PayPal account. If you paid us through another payment processor, we will take steps to refund the appropriate fees through that payment processor. If the information we have on file for your account is not up to date, your refund may not be completed. Refund requests of payments made to Pro Gineous by bank transfer, check or money order or after one hundred twenty (120) days have passed on a credit card payment will be issued via PayPal only. If you cannot accept PayPal payments, you will not be eligible for a refund via other methods. Pro Gineous is not responsible for fees deducted from any refund processed by PayPal.
Service Credit Eligibility
Customers who at the time of the report of the claimed outage are not current on their invoices for the Services do not qualify for service Credits related to any outages.
Customers who have not paid their invoices on time more than three times in the 12 months preceding the claimed outage are not eligible for service credits.
In order to deliver a secure high performance hosting environment, we utilize certain automated systems to limit malicious and resource-intensive activity. In some instances, non-malicious activity can appear to be malicious and trigger our systems, which may limit your ability to use our Services as set forth in Section 3(d)(iii) of the TOS. Such limitations may result in bandwidth throttling or suspension or termination of your account, in our sole discretion. In these situations, any interruption, suspension or change in the availability of the Services will not be considered downtime and will not be eligible for a service credit.
Payment Methods; Currencies
We accept payment via Visa, MasterCard, Discover, American Express, JCB, Diner’s Club, PayPal, Skrill, PayULatam (Argentina, Brazil, Colombia, Mexico, Peru), UnionPay (for China-based customers), check, money order, and wire transfers. By providing us with your account payment information, you give us consent to charge you on the Due Date of any invoices linked to the account. Please see our invoice for wire transfer banking information. Returned checks will incur a twenty-five dollar ($25) fee per instance.
We accept US Dollar and limited non-USD currencies as found on our website. All fees for Services are calculated in US Dollars and, whenever possible, we will attempt to charge in the currency you select upon checkout unless the payment gateway does not support the currency. In this case, the currency will be converted to USD and charged in USD. Prices displayed in other currencies are shown according to exchange rates posted that day but may differ from your final rate given to you by your bank. Additionally, RATES ARE SUBJECT TO CHANGE, which may result in increases or decreases in non-US Dollar denominated prices charged for the Services. We will adjust renewal prices for non-USD customers based on the current Services prices, using exchange rates posted the day invoices are produced. Depending on your billing cycle, we may choose not to adjust the renewal price for all invoices. Failure to adjust the renewal price does not waive our right to adjust the renewal price for future invoices. Further, you may be subject to additional fees or other charges assessed or imposed by the administrator of your selected method of payment. Pro Gineous is not responsible for these charges.
Charges for Account Upgrades, Downgrades and Migrations
License. In connection with any data migration, you hereby authorize Pro Gineous to access your data for data migration purposes. Before requesting Services that may require a data migration to occur, you hereby agree to backup all of your data on both the source and the target servers, as appropriate.
Upgrades. When upgrading to a higher-priced hosting plan, we will migrate your account to the new Service at no charge. The data center migration fee is also waived if you choose to move to a new data center during the upgrade process. Upgrade requests are processed and effective only after payment for the package price difference is paid. If you would like to move to another data center without upgrading your account, there is a twenty-five dollar ($25) migration fee.
Downgrades. When downgrading to a lower-priced plan, the difference between the amount of the current package price already paid over the new package price will be placed on the billing account as a service credit. Refunds will not be issued and a twenty-five dollar ($25) downgrade migration fee may be charged. Please contact the sales or billing department if considering an upgrade or downgrade to determine what options are suitable and to discuss pricing.
Migrations From Other Hosts. All migration-related work is included as a Service for purposes of our Policies.
1. All complementary migrations require the user to provide cPanel account credentials for their previous hosting environment. Clients who migrate from non cPanel hosting environments may incur a charge determined by the migration team and assessed based on the complexity of the migration.
2. Startup, Drive, Turbo Boost and Turbo Max clients receive 1 (one) complimentary migration. If the previous host does not provide cPanel access, a migration fee may be assessed.

Reseller Hosting, Dedicated Hosting, and Managed VPS clients receive 25 (twenty five) complementary cPanel account migrations. Any such migrations related to PRO GINEOUS’s Shared Web Hosting or Reseller Hosting Services are limited to thirty (30) gigabytes in size. Migrations related to PRO GINEOUS’s Shared Web Hosting or Reseller Hosting Services that exceed thirty (30) gigabytes in size may be approved on a case-by-case basis upon PRO GINEOUS’s sole and absolute discretion. If the previous host does not provide cPanel access or if you would like our team to migrate more than 25 (twenty five) accounts, a migration fee may be assessed.

Other Migration Situations. Some clients have specific migration needs, depending on our migration workload, we may be able to accommodate those needs. In these cases, you may incur a charge determined by the migration team and assessed based on the complexity of the migration and your specific needs.
Billing Errors; Chargebacks
If you discover an error on your invoice please notify us as soon as possible by either calling or submitting a ticket to our Billing Department at https://www.com/ap. We will honor invoice errors as long as we are notified of them within ninety (90) days. If more than ninety (90) days have elapsed we may decline the refund request. If a refund is in order it will go onto your account as a service credit to be used on a future invoice. Service credits have no cash value.
If at any time you have questions or concerns regarding a charge from Pro Gineous, please contact us at 1-888-LINUX-HOST (1-888-546-8946) or 1-734-222-4678 or submit a ticket at Submit Ticket – Pro Gineous. Any received chargebacks will incur a fifty dollar ($50) investigation fee on the associated billing account and all services will be immediately suspended pending investigation. Pro Gineous may reject the future use of payment methods from an account for which a chargeback has been previously issued. Upon receipt of a chargeback or payment reversal, the account related to the payment may be suspended or terminated.
VAT Tax

Canary Island (Las Palmas), Spain residents are considered “tax exempt” and are not charged a VAT Tax.

Feedback

You have no obligation to provide us any suggestions, enhancement requests, recommendations, or other feedback regarding our products and services (“Feedback”). To the extent you provide us with any Feedback, we may use and include the Feedback in our products and services without restriction or payment.

Privacy Policy

Parties

This is Pro Gineous, Inc.’s (“Pro Gineous”, “we”, or “our”) Privacy Policy. This Privacy Policy discusses the ways in which we collect, use, maintain and disclose information collected by us from our customers, visitors to our websites, and, in some cases, visitors to our customer’s websites (“Users”). Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: https://www.Pro Gineous.com/policies/#Terms-Of-Service.

Purpose

The nature of internet business requires us to collect information from Users. While this policy is entitled a “privacy policy,” it discusses all of the ways in which we use information collected directly or indirectly from our Users, including personally-identifiable information gathered by us (“PI”) and other anonymous information (“AI”) (collectively, “Information”). Information transmitted, collected, processed or which is otherwise provided to us by Users is not necessarily considered by us to be private. Please review this Privacy Policy carefully to determine how we treat this information.

Acceptance of the Policy

You accept this Privacy Policy by using our website (located at: www.Pro Gineous.com, referred to herein as the “Site”), placing an order for Services (as defined in the Terms of Service) with us or joining our email list.

Changes to Policy

If we make a change to this Policy that, in our sole discretion, is material, we will notify you by email, post a notice of such changes on the Site or flag our Privacy Policy on the Site as updated. You agree to our use of electronic communications with you for purposes of this Policy. If you do not agree to the changes to this Policy, we will continue to maintain and use PI previously collected in accordance with the Policy in force as of that date.

Information that we Collect; Use of Information.
We may use PI as required or permitted by law, including in response to service of legal process (court order, summons, subpoena, and the like). We may disclose PI to law enforcement or regulatory authorities as part of an investigation into activity at the Site (such as a suspected breach). We shall use commercially reasonable measures to limit disclosure and use of such PI. We may use PI in connection with the establishment or defense of legal claims. Any information sent to us will not be deemed to be confidential, and may be shared by us with any other individual or entity, regardless of whether you mark it confidential.
Information contained in your customer record. Users who are our customers provide us with their name, address, phone number, user name, credit/debit card or bank information and other personally identifiable or confidential information and other information we require to provide Service to them. We may also acquire information about customers from third parties such as credit reporting agencies, as well as collect information about our customers’ use of the Services. This information may be linked to the information provided to us by our customers to create an administrative record and is referred to as “Registration and Billing Information”.
User inquiries. Users who contact us with questions may be required to give us additional information to assist us in resolving their questions, or to assist us in our business (“User Inquiry Information”).
Anonymous Information. We collect anonymous information (AI) regarding your use of the Site, such as computer-related information (browser type you used, your Internet Protocol address, last URL visited, and the date and time of day of your login). We send a “cookie” or “pixel tag” to your computer which contains an identification number that is unique to the computer you are using. You may decline to provide such information to us and/or refuse cookies in your browser, although some of our features or services may not function properly as a result, and some services may not be available. We use this information to enhance the experience of using the Site, to tailor our Site to its visitors, to understand how our Site is used, to investigate and verify proper conduct at the Site, and to monitor the security and integrity of the Site.
Third Party Agents– Access to and Use of PI. We may contract with third parties to assist us in our business, including providing certain Services, hosting of the Site, hosting of data (including PI and AI), promotional services, authorization and processing of payments, fulfillment of product orders and processing of returns. Such third parties shall agree with us in writing to maintain your privacy at least with the level of protection set forth in this Privacy Policy.
Unrelated Third Party Links and Information. Our Site contains links to other websites or other information and materials provided by third parties (by way of example, links to third party social media websites). We do not own or control such other websites or third parties and are not responsible for the information provided at those websites or in such materials. We do not control, and are not responsible for, their privacy policies or the information collected at such third party websites.
Customer Inquiries. We use customer inquiry information to identify Users personally. It is used throughout our business to provide services to Users, and to market new products and services to Users. Customer inquiry information is shared with third parties in the following circumstances: to identify and fix problems with the Services when we are not capable of doing so ourselves. Providers of third party products may require us to provide them with customer inquiry information. When Customer Inquiry Information is shared with third parties in these circumstances, the third parties are required to keep this information confidential. Further, entities that provide products to us may have privacy policies that differ from ours. We will be happy to provide you with the names of those businesses that provide Services through us to you, and links to their privacy policies, on your request.
Information about Children. We do not knowingly collect personally identifiable information from children under the age of 13. If a parent or guardian believes that their child under the age of 13 has provided us with personally identifiable information, they should contact us.

Other than in response to a lawful request by public authorities, Pro Gineous only shares your personal information with third parties who are acting as Pro Gineous’s agents or subcontractors and only uses your personal information for the purposes stated herein (or other purposes stated at the time of collection). Should Pro Gineous’s practices with respect to processing or use of personal information change, Pro Gineous will provide you with notice (either by means of an amendment to this Privacy Policy or otherwise) and provide you with an opportunity to opt out.

Your Access to and Ability to Change PI

You may request access, updating and corrections of inaccuracies in your PI by contacting us as set out below. For security purposes, we may request PI from you in connection with such access. You may also: (i) modify your information through your control panel in your account, or (ii) ask that information regarding your inquiries be deleted by contacting us through our contact form at https://www.Pro Gineous.com/contact/.

Deleting and Retention of PI

You may request that we delete your PI, and we shall attempt to accommodate such requests. However, we may retain and use PI for such periods of time as required or permitted by law or best business practices.

Security

We have implemented technical, physical and administrative safeguards designed to protect PI against loss and against unauthorized access, use, and disclosure. Passwords are stored on our server in encrypted form. We have personal information retention processes designed to retain personal information as necessary for the purposes stated above or to otherwise meet legal requirements. Unless this Privacy Policy states otherwise, our employees are required to keep the information set out here confidential.

California Privacy Rights

If you are a resident of the State of California and you have provided your personal information to us, you have the right to request a list of all third parties to which we have disclosed your personal information for direct marketing purposes. If you exercise your right to submit such a request to us, we will send you the following information:

The categories of information we have disclosed to any third party for any third party’s direct marketing purposes during the preceding year; and
The names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.

You may make such a request by contacting us in writing by postal mail or via the email address provided at the end of this Privacy Notice under the heading “Contact Information” with a preference on how our response to your request should be sent.

California law also requires that we disclose how we respond to “do-not-track requests” from our users. At this time, we do not currently respond to “do-not-track” requests from our users’ browsers.

HIPAA (The Health Insurance Portability And Accountability Act)

HIPPA does not apply to the service we provide. We are not a “Covered Entity” or a “Business Associate” as those terms are defined by HIPAA. As HIPAA does not apply, our service does not need to and may not meet the standards set forth in HIPAA. Accordingly, using the service should not be used submit, store, or disclose information that would be subject to HIPAA in a manner that is compliant with HIPAA and its requirements.

Testimonials

Pursuant to our Terms of Service (located at https://www.Pro Gineous.com/policies/#Terms-Of-Service), you may provide us with an Endorsement in connection with your use of the Services. We may, at our discretion, use the Endorsement to promote our Services as specified in our Terms of Service. In connection with our use of your Endorsement, you hereby agree that we may use your first name, last initial, home state, voice or likeness, and/or contact information in connection with its publication of the Endorsement. If, at any time, you want us to stop using your Endorsement, please contact us using the contact information in Section 18 of our Terms of Service and we will cease using the Endorsement soon after processing your request.

Privacy Complaints by European Union and Swiss Citizens

Pro Gineous is subject to the investigatory and enforcement powers of the Federal Trade Commission.
Pro Gineous, Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Pro Gineous, Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. Pro Gineous, Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov.
Among other things, the EU-U.S. DPF and Swiss-U.S. DPF describe our obligations with respect to personal information that we transfer to third parties as described in this Privacy Policy. Pro Gineous remains responsible and liable as provided in the Principles if the third party processes the personal information in a manner that is not consistent with the Principles, unless Pro Gineous proves that it is not responsible for the event giving rise to the damage.
If we transfer your PI to third parties, we will remain responsible and liable to you if the third party processes your PI in violation of the Principles, unless we prove we were not responsible for the event giving rise to the damage.
In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, Pro Gineous, Inc. commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF should first contact Pro Gineous, Inc. at:
Mail:
Pro Gineous, Inc.
Attn: Privacy Policy
PO Box 2998
Ann Arbor, MI 48106
USA
Web: https://www.Pro Gineous.com/contact/
Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available.
In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, Pro Gineous has further committed to refer unresolved privacy complaints to a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit bbb.org/EU-privacy-shield/for-eu-consumers/more information and to file a complaint.
In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, Pro Gineous, Inc. commits to cooperate and comply, respectively, with the advice of the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF.

Domain

REGISTRATION AGREEMENTVersion date: 2023-09-31 This registration agreement (“Registration Agreement”) is between progineous(“Company”), the operator of this website, and you (“You”). WHEREAS, You wish to register domain names and the Company wishes to provide You with services related to the registration of domain names. WHEREAS, Global Domain Group LLC (“GDG”) is the sponsoring registrar of the domain name registrations provided by the Company. NOW THEREFORE, in consideration of the terms and conditions set out herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:

1.	ACCEPTANCE OF REGISTRATION AGREEMENT
1.1.	You agree to the terms and conditions outlined in this Registration Agreement, including to the terms and conditions enumerated in the following parts, appendices and exhibits attached to and incorporated by reference to this agreement (each a “Part”):
	a)Part I: ICANN Policies b)Part II: Privacy Policy c)Appendix A: Additional TLD Rules d)Appendix B: TLD-Specific Periods
1.2.	You agree to review this Registration Agreement prior to reviewing any information on this website, obtaining any documents from this website or interacting with this website.
1.3.	This Registration Agreement may be amended from time to time without specific advance notice to You. The latest Registration Agreement will be posted on this website, and you should review the Registration Agreement prior to using this website.
1.4.	The following third parties shall be deemed the only third-party beneficiaries of this Registration Agreement and shall be entitled to enforce the provisions of this Registration Agreement as if they were parties hereto:
	a)GDG, the Companys and each of its affiliates; b)Each of Your domain names registry and registry operator; and, c)If Verisign Inc. is the registry or registry operator of Your domain name, Verisign Inc. and its affiliates, and each of their directors, officers, employees, contractors, agents, successors and assigns.
2.	GENERAL
2.1.	You agree to indemnify, defend and hold harmless GDG and its partners, attorneys, directors, employees, agents, staff and affiliates from any liability, loss, claim and expense, including reasonable attorney fees, related to Your violation of this Registration Agreement and use of this website.
2.2.	This Registration Agreement shall be treated as though it were executed and performed in the State of California, San Mateo County, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Registration Agreement or with anyones use of this website shall be brought solely either in the United States District Court for the Northern District of California or in the Superior Court of California, San Mateo County. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Each party waives any objection (on the grounds of lack of jurisdiction, forum non conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the interpretation or enforcement of this Registration Agreement.
2.3.	You agree to waive Your rights to a trial by jury (regardless of the source of that right) in any action against GDG, including tort claims, arising from this Registration Agreement. If GDG prevails in any litigation against You then GDG will receive from You all costs and reasonable, actual attorney fees incurred in that litigation.
2.4.	Any cause of action related to anyones use of this website (and/or information, forms and agreements, thereon) must be instituted within six months after the cause of action arose or be forever waived and barred.
2.5.	The language in this Registration Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
2.6.	This Registration Agreement, along with all documents and information provided on this website, is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English version and a translated version, the English version will control and prevail.
2.7.	Should any part of this Registration Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
2.8.	To the extent that anything in or associated with this website is in conflict or inconsistent with this Registration Agreement, this Registration Agreement shall take precedence.
2.9.	Failure of the Company to enforce any provision of this Registration Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.
2.10.	The titles and headings of this Registration Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

PART I: ICANN POLICIES

1.	ACCURACY OF REGISTRATION DATA
1.1.	You shall provide to the Company accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of a domain names registration, including:
	a)Your full name; b)Your postal address; c)Your e-mail address; d)Your voice telephone number; e)Your fax number, if available; f)if you are an organization, association or corporation, the name of an authorized person for contact purposes; g)the names of the primary nameserver and secondary nameserver(s) for the associated domain name; h)the name, postal address, e-mail address, voice telephone number, and (if available) fax number of the technical contact for the associated domain name; and, i)the name, postal address, e-mail address, voice telephone number, and (if available) fax number of the administrative contact for the associated domain name.
2.	THIRD PARTIES & LICENSING
2.1.	If You license use of a domain name to a third party, then:
	a)You remain responsible for providing Your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name; and, b)You shall remain liable for harm caused by the wrongful use of the domain name, unless You disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing You with reasonable evidence of actionable harm.
2.2.	You shall provide notices and obtain consents equivalent to those enumerated under Part II (Privacy Policy) from any third-party individual whose personal data You supply to the Company.
2.3.	You represent that, to the best of Your knowledge and belief, neither Your registration of a domain name nor the manner in which a domain name under Your control is directly or indirectly used shall result in the infringement of the legal rights of any third party.
3.	DATA PROCESSING
3.1.	The Company shall not process any personal data collected from You in a way incompatible with the purposes and other limitations about which the Company has provided notice to You in accordance with Part II (Privacy Policy).
4.	DWOLLA FEES
4.1.	Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla’s financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will providecustomer support for your Dwolla Account activity.
5.	DISPUTES
5.1.	For the adjudication of disputes concerning or arising from use of a domain name, You shall submit, without prejudice to other potentially applicable jurisdictions, to:
	a)The jurisdiction of the courts of Your domicile; and, b)The jurisdiction of the United States District Court for the Northern District of California.
5.2.	Your registration of a domain name shall be subject to suspension, cancellation, or transfer pursuant to:
	a)Any consensus policy, specification, policy, procedure, program, bylaw and associated amendments issued by ICANN (“ICANN Rule”); and, b)Any GDG, Company, registrar or registry procedure not inconsistent with any ICANN Rule concerning (1) the correction of mistakes by GDG, the Company or the domain names registry operator in registering the domain name or (2) the resolution of disputes concerning the domain name.
5.3.	Unless otherwise stated herein, GDG may, in its sole and absolute discretion:
	a)Delete, suspend, cancel, terminate, or otherwise interrupt any service and/or Your account where such service or account is used in connection with a morally objectionable activity, including but not limited to spam, fraud, illegal activity, defamation, slander, harassment, obscenity, profanity, indecency, deceptive practices, tortuous behavior, racism, bigotry, hatred, vulgarity, invasion of privacy, impersonation, intellectual property infringement, trademark infringement, copyright infringement, counterfeiting, piracy, unsolicited bulk e-mailing, phishing, pharming use of botnets, malware, any harm or threat of harm to a third party or to GDG, any activity contrary to applicable law and any activity or material deemed objectionable by GDG, in its absolute and sole discretion (“Objectionable Use Activity”); and, b)Delete, suspend, cancel, terminate, or otherwise interrupt any service and/or Your account while investigating whether Your account is used in connection with any Objectionable Use Activity.
6.	RESTORATION OF AN EXPIRED DOMAIN
6.1.	Any domain name that is not renewed prior to its expiration date shall enter a post-expiration period (“Post-Expiration Period”), during which:
	a)The domain name shall gain the Hold status and its nameserver information changed; b)You shall have no right to access or to use the domain name; c)You shall have no right to change the registrant information; d)You shall have no right to generate any revenue from the domain names parking services; and, e)GDG shall provisionally renew the domain name registration on Your behalf in order to preserve Your ability to renew the domain name registration during the Post-Expiration Period, but such provisional renewal shall not entitle You to any rights to the domain name.
6.2.	The Post-Expiration Period of a domain name shall be 40 calendar days. If GDG, in its absolute and sole discretion, allows the renewal of Your domain name during the Post-Expiration Period, then the Post-Expiration Period shall also end on the day when GDG accepts payment for the domain names renewal.
6.3.	GDG may auction for sale any domain name that is not renewed within the lesser of the first 30 calendar days of the Post-Expiration Period and such other shorter time period applicable to the respective top-level domain as specified under Appendix B (TLD-Specific Periods).
6.4.	GDG may transfer any domain name to another registrant if that domain name is not renewed within the Post-Expiration Period.
6.5.	You shall have no right to transfer the domain name to another registrant or to another registrar in the last 10 calendar days of the Post-Expiration Period.
6.6.	Subsequent to the conclusion of its Post-Expiration Period, a domain name that is neither sold by auction nor renewed shall enter a deletion period (“Deletion Period”), during which the domain name may be flagged for deletion by the respective registry or registry operator. However, there shall be no Deletion Period for any domain (a) that is sold by auction during the Post-Expiration Period or (b) with respect to which the respective registry or registry operator restricts the restoration of domain names.
6.7.	The Deletion Period shall be 30 calendar days. If GDG, in its absolute and sole discretion, allows the renewal of Your domain name during the Deletion Period, then the Deletion Period shall also end on the day when GDG accepts Your payment for the domain names restoration.
6.8.	No domain name may be transferred during the 60 calendar days subsequent to the day that it is restored during the Deletion Period.
6.9.	Every domain name that is transferred within 45 calendar days of its expiration date shall have its new expiration date reduced by 1 calendar year.
6.10.	Notwithstanding anything to the contrary herein, the terms and conditions of the Post-Expiration Period and the Deletion Period of every domain are subject to the policies and requirements of the respective registries and registry operators. These policies and requirements may include, but are not limited to, limitations respecting Your rights and obligations during these periods, changes to the lengths of these periods, and the elimination of one or both of these periods.
7.	TRANSFER OF DOMAIN NAME
7.1.	You expressly appoint GDG as Your Designated Agent to approve any Change of Registrant request and to opt out of a 60-day lock.
7.2.	Circumstances where a domain name may not be transferred include but are not limited to:
	a)Where the registrar of the transferor or of the transferee refuses to process the transfer; b)Where the policies of the registry or registry operator of the domain name forbid the transfer; c)Where there is a dispute concerning or arising from the use of the domain name; d)A court order prohibiting the transfer of the domain name; e)Where there is dispute over the identity of the registrant or its agent; f)Where there is evidence suggesting fraud concerning or arising from the use of the domain name; g)During the 60 days immediately subsequent to the restoration of the respective expired domain name; h)Subsequent to the Post-Expiration Period of the respective domain name; and, i)Where the domain name has the Hold status or is locked.
7.3.	Where You are a transferor registrant, neither You nor Your agent(s) shall change any of the contact information of Your account until after the transfer is complete.
8.	TLD-SPECIFIC RULES
8.1.	You understand and agree that any service may be, wholly or partially, limited by the policies of the registry and the registry operator of the respective domain name.
8.2.	If You register or gain control of, directly or indirectly, a domain name of a top-level domain listed under Appendix A (Additional TLD Rules), then You agree to the additional terms and conditions applicable to a registrant of the respective top-level domain as specified under Appendix A (Additional TLD Rules) and all applicable exhibits, as well as all other terms, conditions, operational standards, policies, procedures and practices of the respective registry and registry operator.
8.3.	If You register or gain control of, directly or indirectly, a domain name of a .CA top-level domain, then You acknowledge and agree that the registrar of the respective domain shall be deemed to be 8648255 Canada Ltd., a Canadian corporation certified to act as a registrar of the .CA registry in accordance with its registrar agreement with the Canadian Internet Registration Authority.
8.4.	You shall, within thirty days of demand from the respective party, indemnify, defend and hold harmless the respective registry and registry operator of a domain name, as well as their respective affiliates, subsidiaries, owners, directors, managers, officers, employees, contractors, service providers and agents, from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses and including on appeal) arising out of or relating in any way to:
	a)Your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration; and, b)Your use of a second level domain.
8.5.	You understand and agree that, where required by the respective registry or registry operator:
	a)the registration fee of a domain name shall be subject to the variable pricing applicable to the registry operators standard domain names and premium domain names; b)the renewal fee of a domain name may differ from the renewal fee of other domain names in the same or other category of top-level domains; and, c)the registry and the registry operator may periodically conduct technical analysis to assess whether Your domain name is used to perpetrate security threats, such as pharming, phishing, malware, and botnets.
8.6.	You understand and agree that the registry or the registry operator of a domain name may, but is not obligated to, reject the registration of the respective domain name, delete, revoke, suspend, reject, cancel or transfer Your domain name and place Your domain name on registry lock, hold or similar status, in its absolute and sole discretion, for any of the following reasons:
	a)to enforce registry policies, ICANN Rules and other polices adopted by any industry group generally recognized as authoritative with respect to the integrity and stability of the internet; b)where the respective domains registration was not accompanied by complete and accurate information, or where required information is not updated or corrected in accordance with registry policies or ICANN Rules; c)to protect the integrity and stability of the registry operators and registrys operations; d)to comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court, administrative authority or dispute resolution service provider; e)to establish, assert, or defend the legal rights of the registry, registry operator or a third party, or to avoid any actual or potential civil or criminal liability on the part of or damage to the registry operator or its affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders; f)to correct mistakes made by the registry operator, the registry or any registrar in connection with the respective registration; and, g)as otherwise provided in this Registration Agreement and the agreement between GDG and the respective registry or registry operator.

PART II: PRIVACY POLICY

1.	APPLICATION
1.1.	This Part II (Privacy Policy) applies to any person who accepts services from the Company, visits this website, or provides the Company with personal information. The terms herein may change from time to time, so you should review them for changes periodically.
2.	IDENTIFYING PURPOSE
2.1.	The Company identifies the reasons for processing personal data before or at the time of collection. Unless required by law, the Company does not use or disclose, for any new purpose, personal data that has been processed without first identifying and documenting the purpose and obtaining Your consent.
2.2.	The Company may process the following information about You (“Processed Information”): registration data about the registered name holder, Google referral sources, page visits, address, name, password, phone number, IP address, domain searches and associated TLD rankings, single sign-on (Open ID), forum views and posts, chats, account creation, order placement, form submissions, how you heard about us, payment information, call start and duration, referring page, referral landing page, birthdate, and security questions and answers.
2.3.	The purposes for processing Processed Information include, but are not limited to: troubleshooting errors, abuse detection, targeted marketing, localizing data, site and usage statistics, communication with You, account creation, collection of registration data, provisioning of services, compliance with ICANN requirements, transfer of registration data to registry, registry operator, registry operator back-end service, data escrow agent, ICANN contractual compliance, emergency back-end registry operator, public RDDS/WHOIS, transfer of payment data to payment processor and address verifier, ACH Payments Provider, transfer of phone number to text message processor, disclosure of non-public RDDS/WHOIS to third parties, ICANN and registry data retention requirements, to comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court, administrative authority or dispute resolution service provider, and to establish, assert, or defend our legal rights, to avoid any actual or potential civil or criminal liability on our part and our affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders.
2.4.	You understand and agree that the processing of Processed Information is required for the provisioning of services and for compliance with ICANN and registry requirements.
3.	RIGHTS TO ACCESS, RECTIFICATION & PROCESSING RESTRICTION
3.1.	You may request and obtain from the Companys data protection officer confirmation as to whether or not personal data concerning You is being processed by the Company and, where that is the case, the following:
	a)access to the personal data; b)the purposes of the processing; c)the categories of personal data concerned; d)the recipients or categories of recipient to whom the personal data have been or will be disclosed; e)where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; f)where the personal data are not collected from You, any information available to the Company as to their source; g)where personal data are transferred to a third country or to an international organisation, information respecting safeguards relating to the transfer; and, h)the existence of any automated decision-making, profiling, meaningful information about the logic involved and the significance and the envisaged consequences of such processing for You.
3.2.	You may request the Companys data protection officer to restrict the processing of or to rectify personal data concerning You. The Company may refrain from complying with any portion of such request where such compliance would undermine the Companys ability to establish, exercise or defend legal claims or conflict with the Companys reasonable grounds for processing which override Your interests, rights and freedoms.
3.3.	You may lodge a complaint about the Companys performance under this Part II (Privacy Policy) with a supervisory authority of a member state of the European Union.
3.4.	Notwithstanding anything to the contrary herein, the Company may refrain from complying with any requirements of this Section 4 (Rights to Access, Rectification & Processing Restriction) where the Company is unable to reasonably determine Your identity.
3.5.	The Company may refrain from complying with any successive access request(s) under this Section 4 (Rights to Access, Rectification & Processing Restriction) until You pay the Companys reasonable fee(s) for same.
4.	RIGHT TO PORTABILITY
4.1.	Any information furnished by the Company in response to a request under this Part II (Privacy Policy) shall be in a structured, commonly used and machine-readable format.
4.2.	You may request the Company to transmit any information furnished by the Company in response to a request under this Part II (Privacy Policy) to a third-party.
5.	RIGHT TO ERASURE
5.1.	The Company shall maintain reasonable controls and practices for retention and erasure of personal data that is no longer necessary or relevant for the identified purposes or required by law to be retained.
5.2.	You may request the Companys data protection officer to erase personal data concerning You. The Company shall comply with such a request where:
	a)the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; b)You withdraw consent on which the processing is based and where there is no other legal ground for the processing; c)You object to the processing and there are no overriding legitimate grounds for the processing; d)the personal data have been unlawfully processed; or, e)the personal data have been collected in relation to the offer of information society services to a child.
5.3.	Notwithstanding anything to the contrary herein, the Company may refrain from complying with any requirements of this Section 6 (Right to Erasure) where such compliance:
	a)undermines the Companys ability to establish, exercise or defend legal claims; b)conflicts with the Companys reasonable grounds for processing which override Your interests, rights and freedoms; c)undermines an individuals right of freedom of expression and information; d)undermines archiving in the public interest, statistical purposes, or for scientific or historical research; or, e)undermines the Companys compliance with a legal obligation.
6.	SAFEGUARDS
6.1.	The Company shall protect personal data against such risks as loss, misuse, unauthorized access or disclosure, alteration, or destruction through appropriate security measures. The Company shall protect the information regardless of the format in which it is held.

APPENDIX A: ADDITIONAL TLD RULES

TOP-LEVEL DOMAIN(S) ADDITIONAL APPLICABLE TERMS AND CONDITIONS

.com All terms and conditions contained in:
https://www.verisign.com/assets/com-registrar-agreement.doc

.net All terms and conditions contained in:
https://www.verisign.com/assets/net-registrar-agreement.docx

.name All terms and conditions contained in:
https://www.verisign.com/assets/name-registrar-agreement.doc

.org All terms and conditions contained in:
https://thenew.org/app/uploads/2019/09/org_RRA_2015-1.pdf

.机构 All terms and conditions contained in:
https://thenew.org/app/uploads/2019/09/xn-nqv7f_RRA-Final.pdf

.орг All terms and conditions contained in:
https://thenew.org/app/uploads/2019/09/xn-c1avg_RRA-Final.pdf

.संगठन All terms and conditions contained in:
https://thenew.org/app/uploads/2019/09/xn-i1b6b1a6a2e_RRA-Final.pdf

.ngo All terms and conditions contained in:
https://thenew.org/app/uploads/2019/09/RRA-ngo-12_11_14.pdf

.us All terms and conditions contained in pages 525 through to 592 found in:
https://www.ntia.doc.gov/files/ntia/publications/technical_proposal_volume_1.pdf

.me All terms and conditions contained in:
https://domain.me/wp-content/uploads/2014/10/RegistryRegistrarAgreement.pdf

.eu All terms and conditions contained in:
https://eurid.eu/en/register-a-eu-domain/rules-for-eu-domains/

.ею All terms and conditions contained in:
https://eurid.eu/en/register-a-eu-domain/rules-for-eu-domains/

.pro All terms and conditions contained in:
https://www.icann.org/resources/unthemed-pages/pro-appendix-8-2010-04-22-en

.in All terms and conditions contained in:
https://www.registry.in/system/files/IN_Registrar_Accreditation_Agreement_1.pdf
https://www.registry.in/system/files/Terms_and_Conditions_for_Registrants_1_1.pdf

.la All terms and conditions contained in:
https://www.rrpproxy.net/Legal/Terms_and_Conditions.html
https://www.rrpproxy.net/Legal/Registration_Agreement.html
https://www.la/e/terms
https://www.la/e/privacy

.am All terms and conditions contained in:
https://www.rrpproxy.net/Legal/Terms_and_Conditions.html
https://www.rrpproxy.net/Legal/Registration_Agreement.html
https://www.amnic.net/policy/en/Policy_EN.pdf
https://www.amnic.net/faq/en/

.cx All terms and conditions contained in:
https://www.rrpproxy.net/Legal/Terms_and_Conditions.html
https://www.rrpproxy.net/Legal/Registration_Agreement.html
http://www.nic.cx/christmas/CX-WHOIS-NOV-2011.pdf
http://www.nic.cx/christmas/CX-RA-NOV-2011.pdf

.im All terms and conditions contained in:
https://www.nic.im/pdfs/termsandconditions.pdf

.cymru All terms and conditions contained in:
https://registrars.nominet.uk/gtlds/registry-registrar-agreement/cymru-wales-registry-registrar-agreement/

.wales All terms and conditions contained in:
https://registrars.nominet.uk/gtlds/registry-registrar-agreement/cymru-wales-registry-registrar-agreement/

.london All terms and conditions contained in:
https://domains.london/policies/

.boston All terms and conditions contained in:
https://mmx.co/uploads/archive/policies/Boston_Registration_Policies_Final.pdf

.uk All terms and conditions contained in:
https://media.nominet.uk/wp-content/uploads/2018/05/22141655/Ts-and-Cs-of-Domain-Name-Registration.pdf
https://media.nominet.uk/wp-content/uploads/2018/05/22141819/dotUK-Rules-of-Registration.pdf

.vc All terms and conditions contained in:
https://afilias-grs.info/system/files/attachments/MRAA%20–%20VC_Dec2010.pdf

.sc All terms and conditions contained in:
https://afilias-grs.info/system/files/attachments/MRAA%20–%20LC_Dec2010.pdf

.bz All terms and conditions contained in:
https://afilias-grs.info/system/files/attachments/MRAA%20–%20BZ.pdf

.lc All terms and conditions contained in:
https://afilias-grs.info/system/files/attachments/MRAA%20–%20LC_Dec2010.pdf
http://www.nic.lc/policies.htm

.mn All terms and conditions contained in:
https://afilias-grs.info/system/files/attachments/MRAA%20–%20MN_Dec2010.pdf
http://file.domain.mn/REGISTRATION_AGREEMENT.pdf

.ca All terms and conditions contained in:
https://cira.ca/policy/legal-agreement/registrant-agreement

.kiwi All terms and conditions contained in:
https://hello.kiwi/policies_files/Dot_Kiwi_Registrant_Agreement_v1.pdf

.lt All terms and conditions contained in:
https://www.domreg.lt/informacija/dokumentai/procedural-regulation.pdf

.nl All terms and conditions contained in:
https://www.sidn.nl/en/about-sidn/general-terms-and-conditions??language_id=2

.pl All terms and conditions contained in:
https://www.dns.pl/en/pl_domain_name_regulations

.ph All terms and conditions contained in:
https://www.dot.ph/corporate/psa

.dev All terms and conditions contained in:
http://services.google.com/fh/files/misc/crr-rra-dev-form.pdf

.page All terms and conditions contained in:
http://services.google.com/fh/files/misc/crr-rra-page-form.pdf

.app All terms and conditions contained in:
http://services.google.com/fh/files/misc/crr-rra-app-form.pdf

.how All terms and conditions contained in:
http://services.google.com/fh/files/misc/crr-rra-how-form.pdf

.soy All terms and conditions contained in:
http://services.google.com/fh/files/misc/crr-rra-soy-form.pdf

.みんな All terms and conditions contained in:
http://services.google.com/fh/files/misc/crr-rra-minna-form.pdf

.shop All terms and conditions contained in:
https://nic.shop/policies/registration_policy.pdf

.tokyo .nagoya .yokohama .okinawa All terms and conditions contained in:
https://www.gmoregistry.com/en/policy/

.voting All terms and conditions contained in:
http://www.nic.voting/policies/index_en.html

.be All terms and conditions contained in:
https://www.dnsbelgium.be/en/registrars/documents

.so All terms and conditions contained in:
https://sonic.so/policies/

.at All terms and conditions contained in:
https://www.nic.at/en/my-at-domain/registration/registration-guidelines
https://www.nic.at/en/good_to_know/legal-backgrounds/privacy-policy

.ink .gay All terms and conditions contained in:
https://toplevel.design/policy

.lv All terms and conditions contained in:
https://www.nic.lv/en/policy

.mx All terms and conditions contained in:
https://www.registry.mx/jsf/static_content/domain/policies_first_new.jsf

.ren All terms and conditions contained in:
http://nic.ren/en/h-col-108.html

.wang All terms and conditions contained in:
http://en.zodiac.wang/policy.html

.koeln All terms and conditions contained in:
https://nic.koeln/en/Policies

.cologne All terms and conditions contained in:
https://nic.koeln/en/Policies

.wien All terms and conditions contained in:
https://www.nic.wien/de/wien/policies

.paris All terms and conditions contained in:
http://bienvenue.paris/registry-policies-paris/

.quebec All terms and conditions contained in:
https://registre.quebec/en/policy/

.РУС All terms and conditions contained in:
http://rusnames.ru/en/rules.pl

.nyc All terms and conditions contained in:
https://www.ownit.nyc/policies

.sucks All terms and conditions contained in:
https://www.get.sucks/policies

.sx All terms and conditions contained in:
http://registry.sx/registrars/legal

.tel All terms and conditions contained in:
https://www.do.tel/policies/

.osaka All terms and conditions contained in:
https://domain.osaka/en/legal/

.cloud All terms and conditions contained in:
https://www.get.cloud/partner-with-us/policies.aspx

.menu All terms and conditions contained in:
http://www.nic.menu/#documents

.build All terms and conditions contained in:
https://registrar.build/registry-policies/

.bid All terms and conditions contained in:
http://nic.bid/resources.html

.stream All terms and conditions contained in:
http://nic.stream/resources.html

.win All terms and conditions contained in:
http://nic.win/resources.html

.trade All terms and conditions contained in:
http://nic.trade/resources.html

.webcam All terms and conditions contained in:
http://nic.webcam/resources.html

.qpon All terms and conditions contained in:
https://www.dotqpon.com/wp-content/uploads/2018/06/REGISTRY-REGISTRAR-AGREEMENT.pdf

.cricket All terms and conditions contained in:
http://nic.cricket/resources.html

.loan All terms and conditions contained in:
http://nic.loan/resources.html

.faith All terms and conditions contained in:
http://nic.faith/resources.html

.taipei All terms and conditions contained in:
https://hi.taipei/en/policy_policies.html

.download All terms and conditions contained in:
http://nic.download/resources.html

.party All terms and conditions contained in:
http://nic.party/resources.html

.science All terms and conditions contained in:
http://nic.science/resources.html

.racing All terms and conditions contained in:
http://nic.racing/resources.html

.date All terms and conditions contained in:
http://nic.date/resources.html

.men All terms and conditions contained in:
http://nic.men/resources.html

.世界 All terms and conditions contained in:
http://www.stabletone.com/en/policies

.health All terms and conditions contained in:
https://get.health/documentation

.ac All terms and conditions contained in:
https://www.nic.ac/policy.htm

.io All terms and conditions contained in:
https://www.nic.io/policy.htm

.gg All terms and conditions contained in:
https://www.nic.gg/policy.htm

.je All terms and conditions contained in:
https://www.nic.je/policy.htm

.sh All terms and conditions contained in:
https://www.nic.sh/policy.htm

.asia .网站 .xn--5tzm5g All terms and conditions contained in:
https://www.dot.asia/dotasia-organisation/policy-development/

.Autos .Boats .Homes .Yachts All terms and conditions contained in:
https://dominionregistries.domains/policies/

.global All terms and conditions contained in:
https://go.global/global-policies

.сайт All terms and conditions contained in:
http://cyrillicregistry.net/site-pravila-ru/

.онлайн All terms and conditions contained in:
http://cyrillicregistry.net/online-pravila-ru/

.بازار All terms and conditions contained in:
http://dotbazaar.net/registration-policy/

.scot All terms and conditions contained in:
https://dot.scot/wp-content/uploads/2018/05/scot_Registration_Policy_20180525.pdf

.ai All terms and conditions contained in:
https://whois.ai/faq.html
https://whois.ai/eppfaq.html

.berlin All terms and conditions contained in:
https://dot.berlin/registrierungsregeln-policies

.lat All terms and conditions contained in:
https://www.nic.lat/policies/

.ws All terms and conditions contained in:
https://www.website.ws/newdesign/documents/Domain%20Name%20Registration%20Agreement.pdf

.ooo All terms and conditions contained in:
http://www.nic.ooo/policies/ooo-policies

.love All terms and conditions contained in:
http://get.love/wp-content/uploads/2020/02/Policies-dotlove-06-Feb-2020.pdf

.ink .wiki .design All terms and conditions contained in:
https://toplevel.design/policy

.rest All terms and conditions contained in:
https://www.register.rest/policies/

.observer All terms and conditions contained in:
http://www.nic.observer/registration-agreement/

.fans All terms and conditions contained in:
http://nic.fans/en/h-col-104.html

.baby All terms and conditions contained in:
https://nic.baby/files/XYZ-registry-domain-name-policies.pdf

.college All terms and conditions contained in:
https://nic.college/files/XYZ-domain-name-policies.pdf

.protection All terms and conditions contained in:
https://www.nic.protection/policies/

.security All terms and conditions contained in:
https://www.nic.security/policies/

.storage All terms and conditions contained in:
https://www.nic.storage/policies/

.theatre All terms and conditions contained in:
https://www.nic.theatre/policies/

.xyz All terms and conditions contained in:
https://nic.xyz/downloads/XYZ-domain-name-policies.pdf

.monster All terms and conditions contained in:
https://www.nic.monster/policies/

.art All terms and conditions contained in:
https://nic.art/policies/

.cam All terms and conditions contained in:
https://nic.cam/#resources

.tickets All terms and conditions contained in:
https://nic.tickets/pdfs/DotTickets-Policies-v3-July2017.pdf

.coop All terms and conditions contained in:
https://www.coop/wp-content/uploads/2017/05/140103-registration_agreement.pdf
https://identity.coop/policies/

.fm All terms and conditions contained in:
https://dot.fm/policy.cfm
http://radio.fm/policy/

.gdn All terms and conditions contained in:
http://www.nic.gdn/policy/Anti_Abuse_Policy_v1.0.pdf
http://www.nic.gdn/policy/Domain_Policy_v1.0.pdf
http://www.nic.gdn/policy/IDN_Policy_v1.0.pdf
http://www.nic.gdn/policy/Sunrise_Policy_v1.0.pdf
http://www.nic.gdn/policy/Dispute_Policy_v1.0.pdf
http://www.nic.gdn/policy/Sunrise_Dispute_Resolution_Policy_v1.0.pdf
http://www.nic.gdn/policy/Privacy_Policy_v1.0.pdf
http://www.nic.gdn/policy/WHOIS_Policy_v1.0.pdf

.pw All terms and conditions contained in:
https://registry.pw/policies/

.vg All terms and conditions contained in:
https://nic.vg/terms.php

.archi All terms and conditions contained in:
https://domains.archi/about/dispute-resolution
https://domains.archi/about/afilias-anti-abuse-policy
https://domains.archi/archi_policy

.bio All terms and conditions contained in:
https://domains.bio/about/dispute-resolution
https://domains.bio/about/afilias-anti-abuse-policy
https://domains.bio/bio_policy

.ski All terms and conditions contained in:
https://domains.ski/about/dispute-resolution
https://domains.ski/about/afilias-anti-abuse-policy
https://domains.ski/ski_policy

.bet All terms and conditions contained in:
https://get.bet/about/dispute-resolution
https://get.bet/about/afilias-anti-abuse-policy

.black All terms and conditions contained in:
https://get.black/about/dispute-resolution
https://get.black/about/afilias-anti-abuse-policy

.blue All terms and conditions contained in:
https://dotblue.blue/about/dispute-resolution
https://dotblue.blue/about/afilias-anti-abuse-policy

.eco All terms and conditions contained in:
https://home.eco/policies

.green All terms and conditions contained in:
https://get.green/about/dispute-resolution
https://get.green/about/afilias-anti-abuse-policy

.info All terms and conditions contained in:
https://afilias.info/policies

.mobi All terms and conditions contained in:
https://afilias.info/policies

.kim All terms and conditions contained in:
https://get.kim/about/dispute-resolution
https://get.kim/about/afilias-anti-abuse-policy

.lgbt All terms and conditions contained in:
https://get.lgbt/about/dispute-resolution
https://get.lgbt/about/afilias-anti-abuse-policy
https://get.lgbt/LGBTAUP

.llc All terms and conditions contained in:
https://get.llc/about/dispute-resolution
https://get.llc/about/afilias-anti-abuse-policy

.motorcycles All terms and conditions contained in:
https://get.motorcycles/policies/

.organic All terms and conditions contained in:
https://get.organic/about/dispute-resolution
https://get.organic/about/afilias-anti-abuse-policy
https://get.organic/registration_policy

.pet All terms and conditions contained in:
https://get.pet/about/dispute-resolution
https://get.pet/about/afilias-anti-abuse-policy

.pink All terms and conditions contained in:
https://get.pink/about/dispute-resolution
https://get.pink/about/afilias-anti-abuse-policy

.poker All terms and conditions contained in:
https://get.poker/about/dispute-resolution
https://get.poker/about/afilias-anti-abuse-policy

.promo All terms and conditions contained in:
https://get.promo/about/dispute-resolution
https://get.promo/about/afilias-anti-abuse-policy

.red All terms and conditions contained in:
https://get.red/about/dispute-resolution
https://get.red/about/afilias-anti-abuse-policy

.shiksha All terms and conditions contained in:
https://get.shiksha/about/dispute-resolution
https://get.shiksha/about/afilias-anti-abuse-policy

.vote All terms and conditions contained in:
https://get.vote/vote-anti-abuse-policy

.voto All terms and conditions contained in:
https://get.voto/voto-anti-abuse-policy

.移动 All terms and conditions contained in:
https://afilias.info/policies

.de All terms and conditions contained in:
https://www.denic.de/en/domain-guidelines/
https://www.denic.de/en/domain-terms-and-conditions/
https://www.denic.de/en/price-list/

.top All terms and conditions contained in:
http://www.nic.top/en/Policy.asp

.co All terms and conditions contained in:
https://www.cointernet.com.co/politicas-y-procedimientos/

.one All terms and conditions contained in:
http://nic.one/policies/

.earth All terms and conditions contained in:
https://domain.earth/legal/

.buzz All terms and conditions contained in:
http://get.buzz/about/terms-of-service-tos/

.tube All terms and conditions contained in:
http://www.nic.tube/policies

.cn .中国 .公司 .网络 All terms and conditions contained in:
http://cnnic.com.cn/PublicS/fwzxxgzcfg/

.club All terms and conditions contained in:
https://get.club/terms/

.blog All terms and conditions contained in:
https://my.blog/registry-policies-privacy/

.在线 .中文网 All terms and conditions contained in:
https://internetregistry.info/idn-policies/

.vegas All terms and conditions contained in:
http://nic.vegas/policies/

.ag All terms and conditions contained in:
http://www.nic.ag/policies.htm

.ruhr All terms and conditions contained in:
https://www.dot.ruhr/registrierungsrichtlinien/

.شبكة All terms and conditions contained in:
http://www.dotshabaka.com/policies-en.html

.rich All terms and conditions contained in:
https://nic.rich/policies.php

.onl All terms and conditions contained in:
https://nic.onl/policies.php

.career All terms and conditions contained in:
http://dotcareer.jobs/policies.html

.bar All terms and conditions contained in:
https://www.register.bar/policies/

.review All terms and conditions contained in:
http://nic.review/resources.html

.dk All terms and conditions contained in:
https://www.dk-hostmaster.dk/en/terms

.je .gg All terms and conditions contained in:
https://www.channelisles.net/legal/terms-and-conditions-1

.ceo .desi .saarland All terms and conditions contained in:
https://centralnicregistry.com/support/policies

.melbourne All terms and conditions contained in:
https://www.live.melbourne/policies/

.sydney All terms and conditions contained in:
http://www.ariservices.com/dotsydney

.quest All terms and conditions contained in:
https://nic.quest/registry-policies

.beauty All terms and conditions contained in:
https://nic.beauty/registry-policies

.hair All terms and conditions contained in:
https://nic.hair/registry-policies

.skin All terms and conditions contained in:
https://nic.skin/registry-policies

.makeup All terms and conditions contained in:
https://nic.makeup/registry-policies

.kids All terms and conditions contained in:
https://www.nic.kids/dotkids-files/policies/Dotkids-Guiding-Principles.pdf

.nz All terms and conditions contained in:
https://dnc.org.nz/about/compliance-and-enforcement/nz-policies/

.sbs .cfd .bond .cyou .icu All terms and conditions contained in:
https://shortdot.bond/terms-and-conditions-for-domain-registration/

.tw All terms and conditions contained in:
https://www.twnic.tw/en_dnservice_tp.php

.spa All terms and conditions contained in:
https://www.nic.spa/spa-policies/

.ong All terms and conditions contained in:
https://thenew.org/org-people/about-pir/policies/

.radio All terms and conditions contained in:
https://www.nic.radio/policies

.za All terms and conditions contained in:
https://www.zadna.org.za/publications/policies-and-legislations/

.beer .casa .cooking .fashion .fishing .fit .garden .horse .miami .rodeo .surf .vip .vodka .wedding .work .xn--g2xx48c .yoga .boston .xxx .porn .sex .london .adult All terms and conditions contained in:
https://mmx.co/policies

.ભારત .ਭਾਰਤ .ভারত .بھارت .இந்தியா .భారత్ .भारत All terms and conditions contained in:
https://www.registry.in/system/files/IDN_Registrar_Accreditation_Agreement_1.pdf
https://www.registry.in/system/files/IDN_Terms_and_Conditions_for_Registrants_2.pdf

.link .sexy .tattoo .guitars .gift .pics .photo .christmas .blackfriday .hiphop .juegos .audio .click .hosting .property .diet .help .flowers .lol .game .mom .cars .car .auto .hiv .country All terms and conditions contained in:
http://uniregistry.link/Terms-ofService-for-Uniregistry-Supported-TLDs.html

.academy .accountants .agency .apartments .associates .bargains .bike .bingo .boutique .builders .business .cab .cafe .camera .camp .capital .cards .care .careers .cash .casino .catering .center .charity .chat .cheap .church .city .claims .cleaning .clinic .clothing .coach .codes .coffee .community .company .computer .condos .construction .contractors .cool .corp .coupons .cpa .credit .creditcard .cruises .dating .deals .delivery .dental .diamonds .digital .direct .directory .discount .doctor .dog .domains .education .email .energy .engineering .enterprises .equipment .estate .events .exchange .expert .exposed .express .fail .farm .finance .financial .fish .fitness .flights .florist .football .foundation .fund .furniture .fyi .gallery .gifts .glass .gmbh .gold .golf .graphics .gratis .gripe .group .guide .guru .healthcare .hockey .holdings .holiday .home .hospital .hotel .house .immo .industries .institute .insure .international .investments .irish .jetzt .jewelry .kitchen .land .lease .legal .life .lighting .limited .limo .loans .ltd .mail .maison .management .marketing .mba .media .money .movie .music .network .partners .parts .photography .photos .pictures .pizza .place .plumbing .plus .productions .properties .recipes .reise .reisen .rentals .repair .report .restaurant .run .salon .sarl .school .schule .services .shoes .shopping .show .singles .soccer .solar .solutions .style .supplies .supply .support .surgery .systems .tax .taxi .team .technology .tennis .theater .tienda .tips .tires .today .tools .tours .town .toys .training .university .vacations .ventures .viajes .villas .vin .vision .voyage .web .watch .wine .works .world .wtf .zone .企业 .xn--vhquv .商店 .xn--czrs0t .娱乐 .xn--fjq720a .游戏 .xn--unup4y .actor .airforce .army .attorney .auction .band .consulting .contact .dance .degree .democrat .dentist .engineer .family .fan .forsale .futbol .games .gives .haus .immobilien .kaufen .lawyer .live .market .memorial .moda .mortgage .navy .news .ninja .pub .rehab .republican .reviews .rip .rocks .sale .social .software .studio .travel .vet .video All terms and conditions contained in:
https://donuts.domains/about/policies/
Exhibit 01 (Donuts TLDs)

.fun .host .online .press .site .space .store .tech .uno .website All terms and conditions contained in:
https://radix.website/policies

APPENDIX B: TLD-SPECIFIC PERIODS

TOP-LEVEL DOMAIN(S)	PERIODS APPLICABLE TO TLD
N/A	N/A

EXHIBIT 01: DONUTS TLDS

1.	REGISTRANT IS NOT A RESTRICTED PERSON
1.1.	Neither You nor Your agent shall seek to register or gain control of, directly or indirectly, a domain name of a top-level domain to which this Exhibit 01 (Donuts Binky Moon TLDs) applies (as provided for under Appendix A (Additional TLD Rules)) if You are person or entity:
	a)that is, or is owned or controlled by a person or entity that is, designated on sanctions list maintained by the United Nations or United States (including without limitation the U.S. Department of the Treasury Office of Foreign Assets Control); or, b)located in or organized under the laws of a jurisdiction that is subject to comprehensive U.S. sanctions.
2.	.ARMY, .NAVY & .AIRFORCE TLDS
2.1.	If You register or gain control of, directly or indirectly, a domain name of a .ARMY, .NAVY or .AIRFORCE top-level domain, then You agree:
	a)to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures; b)to implement reasonable and appropriate security measures commensurate with the offering to collect and maintain sensitive health and financial data, as defined by applicable law; c)to provide administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or industry self-regulatory, bodies in their main place of business; d)to represent that You possess any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such top-level domain; e)to report any material changes to the validity of Your authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the top-level domain to ensure You continue to conform to the appropriate regulations and licensing requirements and generally conduct Your activities in the interests of the consumers You serve; and, f)to take steps to ensure against misrepresenting or falsely implying that You or Your business are affiliated with, sponsored or endorsed by one or more country’s or government’s military forces if such affiliation, sponsorship or endorsement does not exist.
3.	.TRAVEL TLD
3.1.	Neither You nor Your agent should seek to register or gain control of, directly or indirectly, a domain name of a .TRAVEL top-level domain unless You engage in or plan to engage in activities related to travel.
4.	DPML USE
4.1.	Neither You nor Your agent shall seek to, directly or indirectly, submit an application for a DPML Block or modify any DPML Block unless You agree:
	a)to participate in good faith in any proceedings commenced by or against the applicant or holder of a DPML Block as required by the respective registry or registry operator; b)that the respective registry operator and its agents are authorized to share information relating to You and Your application for a DPML Block; and, c)to participate in and abide by any determinations made as part the registry operators dispute resolution procedures, including without limitation the AAP, the URS, and the UDRP.
5.	OTHER
5.1.	You understand and agree that aggregate liability of a registry and registry operator for damages to You shall in any case be limited to the amounts specified in the respective agreement between GDG and the registry (or registry operator). You further agree to submit to a binding arbitration for disputes with any registry and registry operator.

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