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THESE DOMAIN TERMS OF USE (hereinafter "terms") ARE BY AND BETWEEN Krosting (hereinafter "service provider") AND THE ACCOUNT HOLDER AND / OR CUSTOMER (hereinafter "user"). BY SUBSCRIBING TO AND / OR USING ANY SERVICE PROVIDED BY THE SERVICE PROVIDER, THE USER SIGNIFIES THAT THEY HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS.

1. Preamble

This agreement is applicable to domain registrations ONLY. Any hosting accounts associated with the domain registration and are considered shared, reseller, virtual private server (VPS) or dedicated accounts, as determined by the service provider, are not included under this agreement, and are governed by their respective agreements. Associated with this agreement is the Registration Agreement from eNom, the registration provider. This agreement is supplied by the service provider at http://www.krosting.net/legal/terms/enom.html. Any discrepancies, conflicts, or omissions between these terms and the Registration Agreement, the Registration Agreement shall take precedence. Agreement to these terms assumes that the user has read, understands and agrees to the Registration Agreement.

2. Domain Registration

Domains will be registered with the registry once full payment has been received from the payment processor. The payment processor may take up to eight (8) business days to process payments. Should this be the case, then the user should contact the service provider for arrangements of faster registration. Most times, however, the payment processor will process payments within minutes. Such cases which may take longer include, but are not limited to, the following:

• Fraud Screening
• e-Checks
• Multiple currency payments
• International payments from certain countries as determined by the payment processor

Once payment has been received and processed by the payment processor, the domain registration may take up to 30 minutes to complete. Should the domain registration fail due to the domain being registered before the service provider could register it, then the user will be given the option to either (a) have the money refunded to the account (b) register another domain of equal price.

The service provider cannot be held responsible for lost domains due to other registrants registering the domain before the user has submitted payment. Should the service provider register the domain on the users behalf before the user submits payment, the domain will remain the property of the service provider until payment has been completed. Should payment not be completed for a period greater than thirty (30) days, then the service provider may opt to reseller the domain to other patrons.

All domains must be registered in periods of one (1) year groups. The exception is domains with the uk extension which require a minimum registration term of two (2) years. The user agrees that the domain will not be registered until the fee, as determined by the service provider, is paid for the period as requested by the user.

3. User Information

By using these services, the user agrees to provide the service provider with accurate contact information regarding himself / herself. This includes, but is not limited to:

• A valid primary email address (preferably not hosted with the Krosting network)
• A valid name (first and last)
• A valid address (P.O. Box is allowed)
• A valid phone number

Should the user not provide accurate contact information, the service provider may suspend the account and any domains until accurate information is provided. Suspending of a domain means that the domain will display a page as determined by the service provider. Should the user have inaccurate information while the service provider is trying to notify the user of maintenance or outage, then such notification is assumed as received. The user agrees that he / she will make any updates to contact information as soon as the user knows of these changes.

4. Payments and Fees

The user agrees that by using the services provided by the service provider, they will pay the annual registration fee for the domain as long as it is registered with the service provider. Should the user not pay the registration fee, then user hereby agrees that when the domain expires the service provider may, or may not, renew the domain. Should the service provider renew the domain, then the service provider will retain ownership of the domain until either (i) the user registers the domain through the service provider at the current yearly domain rate (ii) a period of one year elapses.

Should the service provider not renew the domain once the domain has expired and the user has not paid the renewal fees, then the service provider will allow the domain to drop into the available domains. Once this happens the domain will be available for others to register. The service provider cannot be held responsible for the loss of a domain for failure to make payment.

All Domain Registration Fees are non refundable (see section 6).

5. Account Suspension and Termination

The domain may be suspended if the service provider deems the domain contact information to be incorrect or incomplete. Should this occur, the domain will be suspended until (i) the domain is transferred to another registrar (ii) the domain information is updated.

6. Refund Policy

ALL DOMAIN REGISTRATION FEES ARE NON-REFUNDABLE. The fee for registration of a domain is non-refundable. The service provider cannot accept refunds funds for misspelled or unwanted domains. All registrations on domains are final.

Should the domain not be registered due to domain being registered before the payment has been received by the service provider (see section 2), then the service provider will provide the user with the option to either (i) register a different domain of the same price (ii) accept a refund of the domain registration fee.

7. Ownership

The user acknowledges that by registering a domain, the user is renting a domain from ICANN, the Internet Corporation for Assigned Names and Numbers. The user acknowledges that ICANN retains all rights to the name, and that the user does not own the domain, they are exclusively renting such domain for the term of the agreement.

8. Uptime Policy

Domain registrations do not apply under the Uptime Policy.

9. Domain Registration Provider

All domains registered by the service provider are done so as a third party through the eNom domain registration service. eNom registers the domains on behalf of the service provider for the user. Registering a domain through the service provider constitutes an agreement to the eNom Domain registration policies.

10. Communications From Service Provider to User

Any communications from the service provider to the user are done using the user's provided communication channels (see section 3). Notifications will be sent by email to the user. Notifications will be considered received once sent to the user. Should the notification not be received by the user because of invalid contact information, the notification is considered received. Should the notification not be received due to service or network issues with the user, the email is considered received.

Notifications may be sent to the user's secondary email address, if provided, in the following, but not limited to, situations:

• Updates to terms
• Account suspension notifications

If is up to the user to ensure that the contact information the service provider has for the user is up-to-date and accurate. Any missed notifications due to invalid contact information is considered a received notification under these terms.

11. Updates to Terms

The user acknowledges that from time to time the service provider may update these terms at any time, for any reason. The service provider acknowledges that the user must be notified of any such updates to the terms (see section 3 and section 12). By continued use of the service by the user, the user signifies that he / she has read, understands and agrees to the new terms. If the user does not agree to the new terms, the user is to contact the service provider to cancel service without refund, exceptions being the refund policy.

12. Disclaimer and Liabilities

The service provider cannot be held responsible for any data loss, or loss in profits due to downtime, scheduled or otherwise, profit loss due to suspensions, or any other financial, personal or business losses the user may suffer. The service provider provides a means to store data for access on the internet, and does not guarantee the security or quality of the data. The user is responsible for any and all backups of such data, and ensuring that any web applications run within the account are secure. The service provider is not responsible for the maintenance of any hosted web applications, the security of such applications, and the installation of such applications.

The service provider is not responsible for domain registrations not being completed. Should domain registrations not be made due to delays in payments or delays in registration due to eNom, the registrar, the service provider cannot be held responsible for such losses.

13. Jurisdiction

These terms are governed under the Provincial laws of the Province of British Columbia, and under the Federal laws of the Government of Canada.

14. Indemnification

The user agrees that it shall defend, indemnify, save and hold the service provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against the service provider, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The user agrees to defend, indemnify and hold harmless the service provider against liabilities arising out of; (i) any injury to person or property caused by any products sold or otherwise distributed in connection with the service provider; (ii) any material supplied by the user infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective products sold to the user from the service provider.

15. Disclosure to Law Enforcement

The service provider may disclose any user information to law enforcement agencies without further consent or notification to the user upon lawful request from such agencies.

We will co-operate fully with law enforcement agencies.

16. Right to Refusal

The service provider retains the rights to refuse service to anyone for any reason at any time.

17. Privacy Policy

Also include in these terms is the service provider's Privacy Policy. The full privacy policy can be found http://www.krosting.net/privacy.php.

18. Questions

Any questions in regards to these terms should be directed to support@krosting.net.