The Terms and conditions, as described below, are the agreement that a customer will agree to when they sign up for the services of HostKicker. This will be agreed upon when registering with Hostkicker or signing up for any service with the company. The terms and conditions that you will agree to are explained below:
Billing and Charges
The shared hosting packages offered by HostKicker come with a 30-day money-back guarantee. If you have any dissatisfaction, you can let us know. The issue will be resolved to your satisfaction, or you will get a full refund. However, the costs of dedicated server orders, VPS orders, and domain can not be refunded.
Payments
An invoice for renewal is generated every month in advance and is sent to the email address you registered with us. You must ensure that your active email is registered with us and that any change is notified and updated so you can be kept informed. All payments must be made on time, according to the due date mentioned on the invoice, unless an agreement has been made otherwise. A reminder will be sent in case of a delay, and a delay of 3 days will mean termination of services or account suspension, valid to all accounts and virtual servers. A domain name expires on the day next to the renewal date.
If any changes are made in the pricing, you will be sent a written notice via the email address you registered with us. If payment has been made before the notification is sent to you, it will only become enforceable when the next payment is due. Legally, you will have to make the payment via the card and facility you disclosed to HostKicker. If the payment card does not have your name on it, you and the party whose name is on the card will have to accept the terms and conditions jointly as well as be responsible for paying dues.
You also indemnify HostKicker if the holder of the payment card or issuer declines any payment, including the costs incurred by HostKicker in recovering the due payment. In case of a dispute of a transaction with your bank, or a chargeback attempt, HostKicker reserves the right to suspend services for you immediately and keep them so until the chargeback has been reversed fully. Services are to be used for the hosting of websites and emails. Shared hosting servers do not permit video encoding or transcoding, batch processing, archiving, web crawling and spidering, backup systems, or any such systems that are used for any purpose other than website hosting.
However, such tools can be used on dedicated servers. HostKicker also has the right to enact a defensive movement to maintain the stability of all client systems. If you detect that your website will be experiencing higher or abnormal Usage, you must contact HostKicker to discuss a sustainable hosting environment.
Termination, Refunds, Disputes, and Cancellation
Any notice to cancel any service should be submitted a minimum of forty-eight (48) hours before the due date of the next payment. In case you require the cancellation of a Dedicated server or VPS, you must notify HostKicker 30 days in advance.The refund will be made to the same source that was used to make the payment within 7-10 working days after requesting cancellation. Any breach of the agreed-upon terms and policy conditions will result in the termination of service, and HostKicker will not be held responsible for any refund. In case of a dispute, you must express it in writing and submit it as a valid, enforceable written contract listed on the contact page.
Client Conduct
No tolerance will be given to abusive or threatening behaviour towards any staff of HostKicker. In case of such behaviour, HostKicker has the right to terminate your hosting agreement, effective immediately. In the course of our correspondence, if the client prefers to “legal action” or says anything that implies that the client is going to pursue a legal claim, HostKicker has the right to refuse telephone support going forward, and any further communication will be done via a support ticket or email.
Rights on Termination
Termination of this existing agreement does not affect the previously existing liability, and it does not affect the right of HostKicker to recover the damages done or pursue another remedy as seen fit concerning the breach of the agreement by the client. If HostKicker is terminating the agreement because of a breach in the conditions by the client, HostKicker is entitled to the balance payments that would have been made up to the date when this agreement was in its effect.
Changing Details
HostKicker has the right to change a username or password for the maintenance of the network, modernization and enhancement, or other work that is deemed necessary for the internet operation. HostKicker also has the right to alter the hosting service environment your website runs on with like-for-like features. Notice will be given, and there will be no disruption in providing continuous service. This will only be done to provide you with an upgraded environment.
Domain Registration, Restoration Transfer, and Renewal
Specific hosting packages have an offer for domain registration or transference to particular domain names without any cost. Extensions apart from these or purchasing them outside of the package will incur additional charges. Contact HostKicker for a reduced price for ordering with a different extension, the period of registration being a year.
Renewal of a hosting package does not include renewal of the domain, log-in transfer, or registration. Domain name registration, transfer, or renewal is completed in the name of and on behalf of the client and not HostKicker. The client will remain in control of every aspect of the domain name, and the client is responsible for keeping all data correct and up to date.
Account Support / Emergency Contact
Support is made available via phone,chat and Email. For efficiency and to comply with data protection laws, any request to make changes to your account should be submitted as an email from your registered email address with HostKicker or a support ticket.
30 Day Guarantee
The return guarantee promises performance, reliable services, support, and quality for your money. HostKicker aims to provide you with the best service possible, and so confident we are that a 30-day money-back guarantee has been put in place. You can close your hosting account if you are unhappy with the service, with no cancellation fee, except for domain registration, which is non-refundable. However, it is encouraged that you discuss the problems you encounter with us to see if we can provide you with an efficient solution. The return can take longer than one week, and this policy does not provide coverage to those accounts that are in violation of the acceptable usage policy.
Zero Tolerance towards Abuse
The customer is responsible for data scripts and objects involving an account. An abusive script will interfere with the system or accounts of other customers, potentially harming systems or computers or even promoting engagement in fraudulent activities. If an account is found to be the source of abusive scripts, their services will be suspended, and their account will be put under investigation. The client will be notified of this, and HostKicker will fully cooperate with the authorities involved.
The services must not be used for transmitting illegal material. You must refrain from receiving or sending materials that can be deemed offensive, indecent, obscene, defamatory, abusive, or materials that are prohibited by statutes in force. The material being sent and received through the website should not be in breach of any copyright and intellectual property rights, privacy rights, or confidence rights. If there is any doubt regarding the legality of the purpose you are using the services for, you are advised to opt for independent legal advice.
Acceptable E-mail usage
Sending spam mail or bulk unsolicited mail is not tolerated at all. Clients who are found to be abusing the email services provided will be notified that their behaviour is unacceptable, and their services and accounts will be suspended, blocked, or terminated at the discretion of HostKicker. You must not use services to send emails that cause inconvenience, annoyance, or anxiety to their recipients.
The emails you send must not be likely to cause distress or contain material that is considered offensive, menacing, obscene, indecent, or unlawful in any way. All newsletter communications must contain a clear opt-out policy. The email and network services must not be used to send emails to those users who do not wish to receive them. Unsolicited emails should not be sent in bulk or individually using the mail or network services provided by HostKicker.
The mail and network services should not be used with the intention of depriving other clients of any service. False mail headers should not be used, and headers of mail messages should not be altered to mask the identity of the message sender. The use of an email address that you have not been given the authority to use is forbidden. The email servers that you use and are connected to the network of HostKicker should not have a configuration that allows open relays.
The responsibility for a positive email reputation lies with the client, not HostKicker.
Web usage
This includes the usage of web space provided to clients, web hosting on HostKicker’s servers, and the usage of web services and webspace on client-colocated servers. HostKicker does not and cannot monitor the content on the customer’s webspace and hence cannot guarantee that the sites do not contain illegal material or any other content that can be considered unacceptable.
The clients take full responsibility for the content on their web pages, which are owned and operated by the clients. This includes the content on the web-hosted space, colocated servers as well as client pages in the domain of HostKicker, as well as all other domains hosted in the network of HostKicker. The client is fully responsible for ensuring that the material displayed on their web pages or any other website they operate is created by them and that they have permission to use it. In case of any copyright issues or intellectual property rights violations, or disputes regarding the material on the website and web servers or services of the client will be the responsibility of the client.
The client’s website, web servers, and services should not be used for the promotion or distribution of material or content that is illegal, now or in the future. The internet is a platform of global communications, and what may be legal in one country can be banned elsewhere, leaving the client liable to legal action or prosecution in another country. Legal adult content that meets the definition of a specific country’s law is allowed on the servers of HostKicker, but we should be informed of this, and the client will be required to host their site on a separate IP address so as not to cause SEO implications for other clients. HostKicker holds the right to launch an investigation of the content and material services if it is brought to our notice to be abusive, as HostKicker also has the right to remove a web page from our servers for any reason at any time.
An account that is found to contain illegal content or be abusive or a web page that breaks the terms and conditions of our service will become liable for termination, effective immediately, with zero refund.
Service Level Agreement
HostKicker endeavours to provide our clients with 99.9% service uptime, not including the maintenance of servers in emergencies or routine examinations or in conditions that are beyond reasonable control. All clients are given notifications of planned and scheduled maintenance as far as possible in advance through the status page of HostKicker. If the maintenance takes more than 30 minutes, the clients are informed via their registered emails. If this Service Level Agreement is broken in any month, and there is unscheduled unavailability of service from our side, verified by the network monitoring of HostKicker, if requested, a week’s credit will be returned to your client account with us.
There are no hidden catches in this term as well, since we value the quality of service and client satisfaction highly. The Service Level Agreement is rescinded in case of overdue payments on account of the client or if the payment for the period of disruption has been made late. HostKicker also does not guarantee to defend a client’s web service from a denial of service attack unless such services have been specifically requested, offered, and agreed upon by HostKicker.
In case there is a problem with your server, HostKicker will work to ensure that you have an engineer dealing with the issue within approximately fifteen minutes after we receive notification about it. If your problem is not completely resolved within 15 minutes, we will send you a notification of the reason. The notification will contain the details of the problem as well as an estimation of the time it will take for the problem to be completely resolved. You will be regularly kept up-to-date till the resolution of the same. The report of the engineer will also be sent to the client approximately 12 hours after the problem has been dealt with.
Disclaimer, Limitation of Liability, and Copyright
HostKicker is not able to assert fitness for a specific purpose and so cannot be held liable in case of consequential loss or damage that may occur directly or indirectly from the usage of our services, service issues, downtime, loss of data, etc. The maximum liability of HostKicker to the client per this agreement is in case of direct loss if the claim of such a loss arises in the agreed contract or tort, and it should not exceed the sum that is equal to two times the fees paid by the client for the service regarding which the claim has arisen during the time period before the claim is made. The clauses herein will not be applicable to restrict the liability of HostKicker in case of death or personal injury that results from our negligence or the negligence of an employee or sub-contractor. HostKicker will not be held liable in case of interruption of service caused directly or indirectly by the following reasons: Any interruption in the flow of data from the internet or to the internet; If the failure is an effect of interruption or failure of services provided by a third party; If the factor or effect is beyond the reasonable control of HostKicker; In case of omissions or actions of the client; In case the problem is the equipment of the client of a third-party service provider’s equipment.
No legal action or proceeding against HostKicker due to or in connection with this agreement should commence more than a year after the rendering of the services. Both HostKicker and the client acknowledge that this clause of the agreement is a waiver of any right under the statute of limitations that would otherwise be applicable. In case of a disruption to a service that is preventable, the account of the client will be credited as mentioned in the Service Level Agreement. The liability of HostKicker will not exceed the total amount that has been paid for that service. In case the client has mission-critical data or sensitive data that needs to be hosted, the client must obtain their insurance as well as independent legal advice. The backups provided by HostKicker are to be used as a convenience service; HostKicker does not guarantee or intend to replace the procedures of backup. The client has single-handed responsibility for ensuring that they contain a backup of all critical data.
Third-Party Services
The services provided by HostKicker, such as domain names, SSL certificates, etc., are fulfilled by third parties. An SSL certificate is made available by a provider of root certificates, and Domain names are made available by organizations with authority over the namespace. HostKicker passes your orders on to such third-party service providers promptly, but HostKicker cannot be held liable for any failure from their side. HostKicker will follow through and is also willing to offer a refund in goodwill at the discretion of HostKicker should there be any dissatisfaction with the delay in the service. All the software and hardware of third-party entities are sold to clients and are subject to the acceptance of relevant supplier software licensing for third-party software. HostKicker will also forward to you any and all representations and warranties received by HostKicker from third-party service providers when possible.
Assisted Migration
The assisted migration services provided by HostKicker are for helping the client to migrate to HostKicker and are provided on a best-effort basis. HostKicker will endeavour to migrate the site of the client as efficiently and successfully as possible, but the client will also have to accept that this endeavour may not always be possible. If HostKicker is not able to migrate the client’s site, HostKicker will, at its sole discretion, will provide the client with a refund of the fee that the client paid for the hosting service.
Right to Suspend and Disable
HostKicker has the right to be, at their sole discretion, without liability to the client or any of their contacts, suspend or even cancel the client’s domain name and reveal the registrant and contact WHOIS information in the following circumstances, but the right is not limited to them:
In case, HostKicker deems that disclosure is necessary to determine that there has been an alleged breach in law if the disclosure is required by law; For the resolution of any third party claim that may include the resolution of a dispute over the policy of ICANN or the Registry; To avoid legal liability or financial loss, if HostKicker believes that the client of any of their contacts is using the privacy service of WHOIS to conceal their involvement in an illegal, objectionable, illicit, or harmful activity, for transmitting viruses, worms, spans, or other harmful computer-based programs.
The client understands and agrees that in the event HostKicker receives a formal complaint, claim, or notice, HostKicker maintains the right to disable the WHOIS privacy service in the event the final decision on the matter is pending.
Pre-Registration Terms & Conditions
By accepting the standard terms of the pre-registration service of HostKicker, the client is acknowledging and agreeing to the terms and conditions as well as the disclaimer, copyright policy, and limitation of liability of HostKicker. Cancellation of pre-registered gTLDs is not accepted after the client has completed the prepayment. Pre-registration can be cancelled anytime before the completion of the prepayment. In the event that prepayment is necessary for the processing of a pre-order and the domain name cannot be registered successfully, the client will be given a full refund.
The client will take sole responsibility for ensuring that the card details have been kept up to date. Pre-registration for a new domain name or extension under the HostKicker pre-registration services does not guarantee successful registration. HostKicker tries its best to secure the domain name of your choice but is not liable in the case of an unsuccessful gTLD registration. The exact conditions for the registration of a new gTLD have not yet been announced. The requirements being introduced may be subject to individual registration, and they may be simultaneously released with release dates. The registration must be done at the complete discretion of the registry according to its terms and conditions.
HostKicker will make sure to communicate the required information to them as and when it is made available. Payments made using the HostKicker pre-registration services mean that the client acknowledges and agrees that the client must ensure that payment details will be kept up-to-date during prepayment. A pre-order will not be successful without a successful prepayment.
Data Quality Policy
HostKicker requires the client to provide a valid name as well as a valid address while purchasing any HostKicker service. The online ordering system in place for HostKicker does not let clients place an order for an item without submitting a valid username and address first. The merchant of HostKicker will also check the details, such as the name of the cardholder and address, against the details provided during registration when ordering. Validation of personal users is done using billing data. In case HostKicker does not have access to the information of the cardholder, in case the validity of the data submitted is questionable, two copies of ID will be requested, which can be a passport, driving license, copy or a recent utility bill, or a bank statement not made from a mobile phone.
In case the client is a business, the data provided can be validated through the official company house register. The business also has the option of submitting a utility bill, bank statement, a letter from the HMRC that has been made within the last three months, a merchant statement, etc., to provide proof of the validity of name and address. Data that has been verified or validated will go into the storage of online orders and billing systems maintained by HostKicker, which also serves as a PCI-compliant solution. A copy of the identification is used to perform the validation process, and it is destroyed once the process is completed. If HostKicker is unable to make contact with a client when there is a problem with the verification of the data provided, a data lock is placed on the domain name after the exhaustion of all attempts to make contact with the client. This will be done 30 days after the original first notification has been sent.
Third Party Addons
The reminder for renewal will be sent to the client by the automated billing system of HostKicker 2 days before the date of renewal in the form of a proforma invoice for the renewal of the domain. Another three reminders will be sent by HostKicker in case of failed renewal. If the client has given their consent, the system will attempt to take payment from the card that has been submitted to the system for the renewal of the domain name automatically on the date of renewal. If the automatic renewal fails, a notification will be sent to the client to let them know that they will have to log in for the renewal.
These additional service providers charge their due as soon as the client opts for the services online through www.hostkicker.com. Hence, the payment made towards these additional services cannot be refunded once made.HostKicker will only ask for and store minimum personal information about the client as required to provide efficient and excellent services. This will include details like your email address, location, and name. HostKicker is very serious regarding its privacy policy as well as security policy. The details of the client will never be forwarded to any third-party service providers that HostKicker is affiliated with in any circumstance, except when the information may be required by an agency of law enforcement.
HostKicker also does not store the credit card details of the clients. Third-party payment processors are used, which provide HostKicker with a token. If the client removes their card details from their account, the card details are removed from the third party by Hostkicker, as well as the record of the tokens is destroyed.
In case of a rare occasion, it may be necessary to send strictly service-related announcements. The clients will also be sent notifications regarding available special offers and updates in the services in the newsletter of HostKicker, as well as greetings on special occasions. The client has the option to adjust their preferences for communication with HostKicker.
Hostkicker makes use of cookies on websites to better keep track of the browsing behaviours of the clients, items they purchase, links they visit, and the type of device being used. This and other data are collected and included in analytics to determine how various clients interact with the HostKicker services. This helps Hostkicker provide the clients with offers relevant to the products and serve the clients with a better experience on the HostKicker site as well as any mobile applications. The data is collected and analyzed to improve the performance of the various services of HostKicker. HostKicker may also make use of your IP address so as to determine your location in order to personalize the services.
In case the website contains external links, HostKicker doesn’t own the responsibility for the content displayed on the external sites.
The cookies used by HostKicker can only be accessed by HostKicker and specific third parties in order to provide better and more efficient services. For targeting and advertising, we use cookies to collect information so that only relevant content is displayed. We also use cookies in different target groups to show pertinent advertising both on and off our website. As per the applicable laws, we may link the data received from the cookies with other information obtained regarding you from other legal sources, i.e., data about the use of services, online accounts, loyalty programs, etc.
In case, you have any issues, queries, or comments, kindly reach out to us via Website Chat/Email or contact us at the toll-free number 1-800-856-1670.
What Is HostKicker?
HostKicker manages cloud-based hosting of websites, domain name registration, transfer, and renewal, as well as other related services. For further information, you can visit the “About” page of HostKicker.
Our Website
The cookie policy described here relates to the usage of hostkicker.com. HostKicker may link to external websites owned and operated by other trusted third-party entities through the website. Some examples include providing clients with independent client reviews, explaining how Google tracks users for various advertisements on our website, and how website traffic and fonts affect the rendering of a web page. According to their own policies, third-party websites may or may not use cookies or similar technology. If you’re interested to know more about these third-party websites, you can visit their policies as appropriate.
Cookies
A cookie is essentially a text file, small in size, that is placed on the user’s device (laptop, computer, or any other electronic device) when a user visits a website. HostKicker uses cookies on its website. The cookies help in recognizing a particular user and their device and store related information about their past actions and preferences. It can be used to monitor how many times someone visits our website, what pages you visit, data relating to traffic, data regarding your location, and even the originating name of the domain of the internet service provider.
HostKicker uses this information to build a profile of our potential clients. Some of the data collected may be statistical, and some may be aggregated, which means HostKicker can not individually recognize a user.
Consent for the usage of cookies as well as for changing related settings.
HostKicker will request your permission or consent to place cookies or similar technologies on your device. This may not be the case when it is necessary to place a cookie or similar technology in order to provide the required or requested service, like enabling the client to place items in their shopping carts or even use the check-out process.
Third-Party Access To The Cookies
The cookies used by HostKicker can only be accessed by HostKicker and very particular third parties for the purpose of providing better and more efficient service. Other third-party entities can not access these cookies.
How To Turn Off All Cookies And What Happens If You Do
If you do not wish to accept any cookies, you can visit the settings section for your browser and make the change that makes it so that cookies, even those that are essential for the provision of requested actions, are not accepted. Doing so will lead to you losing some of the functionalities of the HostKicker websites.
How To Contact Us
If in case, you have any issues, queries, or comments, kindly reach out to us or contact us at the toll-free number 1-800-856-1670.
This Abuse handling policy holds essential information concerning your legal rights and remedies. Please read and understand the agreement carefully:
Hostkicker offers reliable and high-performing hosting services to people in different geographical locations. We very well know how important security is for our clients. We are committed and working hard to make the internet a safer place, and if, in case you have any concerns about any content or service we host, you can report such types of Abuse to us.
To report an Abuse, you can directly email us at abuse@hostkicker.com.
We will record and investigate all the abuse reports as soon as possible.
Wherever necessary, we will take strict action if we confirm a violation of any of our terms and services.
Also, if needed, we may ask for additional details about your report.
However, due to privacy reasons, we may not be able to supply specific updates in answer to your abuse report.
We may also need to verify your complaint with the customer as part of our investigation.
Process for Handling Abuse:
WHOIS Inaccuracy
To Submit the WHOIS INACCURACY complaint, you can email us at abuse@hostkicker.com. Mention the domain name and description of the whois inaccuracy in the email, and mention your name and email address on which we can respond to your complaint.
Our team will send a mail to the domain name Registrant and ask them to put right the whois details of their domain name within 7 days.
In case the Registrant fails to modify the whois details or does not update the registrar with proof that the current or modified whois details are correct and up to date, we will suspend the domain name for whois inaccuracy once the given seven-day period ends.
Spam
To Submit the SPAM complaint, you can email us at abuse@hostkicker.com containing the domain name along with the COMPLETE headers & body of the spam mail.
Since message headers & body are the essential proof of the spam, we cannot verify the complaint without them.
You also need to mention your name and email address on which we can respond to your complaint.
Our team will verify the spam headers/body to determine the type of spam and where the spam originated.
In case a domain is compromised/hacked, and if it is the first promotional spam instance, We will send a warning to the domain registrant. Any further spam complaint will result in the suspension of the domain. Or
In case of deliberate phishing / Malware distribution / 419 scams, we will suspend the domain name directly.
OTHER ABUSE (Phishing or 419 scam)
To Submit any other abuse, including but not limited to phishing or 419 scam complaints, you can email us at abuse@hostkicker.com.
The email should include the domain name and the details of the Abuse, along with the evidence to support the complaint.
You also need to mention your name and email address on which we can respond to your complaint.
Our team will investigate the complaint to determine the type of Abuse and will take action accordingly.
In case of a compromised or hacked domain, we will send a warning to the domain registrant asking to fix the issue. If the Registrant does not remove the unauthorized content or take appropriate actions, we will suspend the domain name.
In case of deliberate abuse such as phishing, 419 scam, Child Pornography or Malware, the domain name will be suspended directly without any prior warning.
Data Requests Policy
We receive different types of requests regarding the data of a customer.
Data Requests:
Data request appeals for information or documents related to customer accounts regarding the official criminal investigations or any other official legal proceedings. The Data Request is made via the formal U.S. legal process except for the limited or special situations or emergencies, and we respond to such requests as per the law.
Examples of data requests include Subpoenas, Court Orders, Search Warrants, Legal processes received from outside the United States and Other forms of legal process such as Civil Investigative Demands.
Preservation Requests:
A preservation request requests us to preserve customer account records concerning the official criminal investigations or other legal proceedings. The Preservation requests must contain the next details:
A valid email address and phone number of the individual or agency making the request.
Identification of the account at issue
Identification of the investigating agency and specific pending official proceedings
Confirmations that the individual or the requesting agency is taking steps to get the appropriate legal process for accessing the data that is requested to retain.
Emergency Requests.
An emergency request is made in cases that involve severe imminent harm to the body or death.
We respond to such emergency requests without any delay when we determine that such harm may occur if we don’t respond to the request.
Information to Include in a Request:
A request made to us for customer data must include the below details as we may not be able to reply to your request without them-
The name and email address of the customer associated with the account.
The domain name and/or IP address associated with the account.
Notice to Customers. Hostkicker’s policy is to inform our customers about the requests for their data unless we are forbidden from doing so by court order or the law.
Hostkicker reserves the right to request a copy of the complaint and any other supporting documents that indicate how the requested information is related to the request.
IMPORTANT NOTES :
In case you emailed us concerning any kind of issue/ abuse and did not get any response from us (unusual but may happen), please submit a similar copy of the complaint on paper. This may occur due to the vagaries of email communication or the internet, including but not limited to the occasional unintended effects of spam filter or the burden of spam. By sending an additional form of the complaint will confirm that we have received the complaint and will ensure its consideration as soon as possible.
Fees. We may claim costs to respond to requests as mandated by law and may charge extra fees for the cost to respond to uncommon or demanding requests.
Hosticker believes security is crucial and thus, ensures you to register, investigate and resolve your issue as soon as possible.
This Agreement contains important details about your legal rights and remedies. Please, read and understand the document carefully:
Overview
An Affiliate program is performance-based marketing in which a nonnative person, a promoter, is tied up with the firm and gains commission for bringing sales, subscribers or profits to the company.
The subsequent terms and conditions are applied if you participate in the Affiliate Program offered by Hostkicker. Your acceptance of this affiliate Agreement signifies that you have carefully read and understood the details of this affiliate program, and you agree to be bound by this Agreement.
This affiliate program agreement allows you ( the Affiliate) to promote Hostkicker’s services and, in turn, receive commissions as set as per in this Agreement.
1. How to participate in the Affiliate Program?
To enrol in our (Hostkicker’s) Affiliate program, you ( the Affiliate) need to submit an application through the affiliate signup form on the Hostkicker’s Website. Before accepting your application, we review all the affiliate signups and then decide if you are suitable or not. In any case, if we find you unsuitable for the Agreement, we have the authority to reject your application for any reason. The following are the simple steps to join Hostkicker’s affiliate program.
- Sign-up for the affiliate program.
- Wait for the Approval.
- Follow the rules and regulations.
- Start Earning.
2. What will be your ( the Affiliate ) Responsibilities?
After joining Hostkicker as an affiliate, you agree to the following:
You will be fully responsible for providing us with the full and accurate account details and keeping them up to date. The details include but are not limited to: the contact details, all website URL(s) where you will promote Hostkicker, all promotional means and practices, payment details, tax details and any other details we may need or demand. We may also request additional data or details concerning the websites where you promote Hostkicker. If you fail to provide the requested data or the provided data is found to be inaccurate, in that case, you may get excluded from the Program, and your affiliate account may get suspended or terminated. Also, you may face denial of any commission.
You should act sincerely and honestly for us ( Hostkicker) and refer customers with good prestige. Customers with a good reputation are those hosting account proprietors who have supplied accurate and valid contact details, have active accounts and are not marked as fraudulent.
You should not share any suggestions with your referrals or take any measures that can lead to any revenue loss for Hostkicker.
You should not engage yourself in any unethical marketing practice that may attract customers that are not in good standing. You should not use or motivate your referrals to use any third-party copyrighted material on your/their Hostkicker account without a suitable licence.
You should not modify, alter, remove or copy any icon, banner, graphics, button or content incorporated in our ( Hostkicker’s ) links as per your own will, including but not limited to altering or removing any copyrighted element without any written approval from Hostkicker.
You should not use any blackhat SEO or spam link building strategy to bring more referrals for Hostkicker.
You agree to follow all the laws and should obey the terms and services of Hostkicker.
You should be dedicated and faithful to Hostkicker and should not misapply its confidence that hurt its reputation.
You should also announce the Affiliate relationship with Hostkicker on your Website.
You should not endorse, promote, or encourage any violence or discrimination against any person, institution, or governmental entity.
If we witness any unusual activity or pattern in your practice that violates Hostkicker’s terms and services, in that case, we are authorized to suspend or terminate your Affiliate account and cancel all your due payments.
3. Affiliate Advertising
While advertising our ( Hostkicker’s ) services, you should only use the promotional materials that are approved by Hostkicker. Approved promotional materials are only those fed in your Affiliate Area. It may include Hostkicker’s logos, trademarks, service marks, and slogans for you to display on your Affiliate website.
As per this Agreement, We( Hostkicker ) grant you a non-exclusive, limited and non-transferable license to access the mentioned promotional materials solely for promotional purposes.
If, in any case, we terminate your affiliate account for any reason, the provided license will be automatically and immediately revoked by us.
Following are some unacceptable and inappropriate ways of advertisement, including but not limited to :
The use of any spammy or illegal methods of promotion, such as unrequested emails, unauthorized placement of links in newsgroups, forums, messageboard etc.,
To bid on keywords or key phrases possessing the logo, trademark, its variations or misspellings of Hostkicker on pay per click campaigns on the search engines (Google, yahoo, bing, etc) without any prior approval from us ( Hostkicker). You can not use the Hostkicker website as a display URL in paid marketing and direct link to or redirect to the Hostkicker’s Website.
Using parallel or infringing content to promote Hostkicker; Using traffic-generated methods like pay to click, pay to read, PPV advertising, banner exchanges, click exchanges, or similar methods to promote Hostkicker;Using tempting strategies like providing rewards, cash backs, or any other kind of incentives to boost the sale without our permission;
Using hooks like pocket savings methods, such as coupon(s), voucher(s), and discount codes offer without our knowledge; Using our name, trademark, or advertising and promotional materials that may harness our reputation; Using any link cloaking technique to promote Hostkicker on the web or websites that are not clearly mentioned in your affiliated profile and masking the traffic source from us.
Your Website (s) should not contain any offensive, indecent, illegal or pornographic or any other objectionable material, including, but not limited to, trademark and copyright material, discriminatory, hatred, satanic, x-rated material and any material that is equivalent to adult nature. It is up to us to determine if any materials are suitable or not.
Your company name, domain name, trademark, logo, projects, products and services should not contain any keyword or keyphrase containing our (Hostkicker )trademark or any other variations spellings that may confusingly similar to Hostkicker’s name, domain name, trademark, logo without our prior acceptance. Also, it should not be similar to any other third-party website unless you are permitted by the trademark owner.
We ( Hostkicker ) have the absolute right to determine whether the promotional method you use is suitable or not. If in case we witness the use of any inappropriate method, we are authorized to warn, suspend or terminate your affiliated account and cancel your all due commissions.
4. How do we track Affiliate sales?
We (Hostkicker) use cookies to track affiliate sales. The cookies are placed in the user’s browsers that use the affiliate link to reach Hostkicker’s Website. Every cookie is stored for a maximum of 60 days.
In case a previous affiliate cookie already exists in the same user’s browser, the new cookie overwrites it.
If a user purposely deletes the cookies, Hostkicker is not answerable for this action.
5. Affiliate Commissions
If you refer a sale to Hostkicker’s Shared hosting, for atleast a month, we ( Hostkicker ) shall pay you 50% of the Commission per sale. Become Hostkicker’s Affiliate for free, promote us, bring in sales, and earn money. It’s that easy.
We reserve the right to alter the commission structure at any time, and the amendments will be effective immediately.
If you disagree with the alteration, you can send us an email indicating the reason within ten days of the date of the amendments. If the purchase is cancelled or refunded as per the client’s request within 45 days, the Commission for such purchase will not be valid.
Also, in our sole discretion, we may declare a sale invalid without providing any explanation.
6. Commission Payments
Hostkicker shall pay all affiliate commissions as per the commission structure and in the currency outlined on the Affiliate Program signup page. We shall pay out any commissions gained for valid sales within 60 days. We reserve all the right to expand the payment period without prior notice to verify the validity of a sale as long as necessary.
We will pay Affiliate commissions via PayPal, and you are responsible for any transaction fees unless a custom agreement is in place.
You (the Affiliate) are solely responsible for keeping all your details up to date, including your name, email addresses, payment details, tax information and any other data that may affect our ability to process a commission payout.
7. Relationship of the Parties
Hostkicker and the Affiliate both agree that they are entering into this affiliate agreement as independent individuals, and this agreement does not create any partnership, agency franchise, sales representative, joint venture or employment relationship between them.
You (the Affiliate) do not have any authority to create or accept any proposals or offers on behalf of Hostkicker. You cannot make any statement on your Website or elsewhere that would dispute the terms of this section.
8. Account Termination
At any moment, You (the Affiliate) can cancel and terminate your affiliate account by reaching us through your Affiliate Area. Hostkicker will send you a confirmation that your account has been terminated on your request.
Hostkicker can terminate an affiliate account within seven-day of prior notice without explanation. Also, we can immediately terminate your affiliate account if you or your affiliate account violate the Affiliate Program T&C without any prior notice or if you haven’t generated any sales for longer than six months.
We will pay any commission due at the time of termination of the account as per the regular payout cycle if the Affiliate requests the termination.If we terminate your affiliate account because of the violation of our T&C, No commission payment will be due to us.
After the termination of the affiliate account, the Affiliate does not have any right to use Hostkicker’s trademark, logo, and slogans on his Website and is obliged to remove all Hostkicker’s promotional material trademark, logo, links and slogans from his Website within three days of termination of the affiliate account.
This affiliate agreement will be automatically terminated after the termination of the affiliate account.
9. Governing law
In case of any dispute, controversy, dissension, or claim arising under this affiliate Agreement, the issue will be settled as per the laws of the jurisdiction where the Hostkicker entity servicing your Affiliate account resides.
10. Changes to the Affiliate Program Terms
We have all the right to modify the terms and policies of this affiliate agreement at any time.
The amendments to this agreement will be effective immediately once posted on our (Hostkicker’s) Website. The current terms and conditions will always be public on our Website. In case you do not agree to the fresh amendments, you can cease your affiliate account within ten business days from the date we live the latest amendments.
All the rights to alter the terms and conditions are only reserved by Hostkicker’s administrator. No other person or agent employed by or contracted with has the right to alter policy in any manner.
Neither the oral explanation nor oral information given by either party shall alter the interpretation of the present Terms & Conditions.
This agreement contains helpful guidelines and permissions on using Hostkicker’s Brand Assets. Please read the guidelines carefully:
Hostkicker’s trademarks, logos, service marks, web design trade dress, and all other brand characteristics or brand features are protected by copyright, trademark, and other similar intellectual property laws.
If you are interested in promoting and publicizing Hostkicker on your site, you can consider membership in our Affiliate Program, where we provide banners, links, and other assets which you can use on your site to promote Hostkicker and earn commission in return.
Usually, we don’t provide our logos for personal use besides through our Affiliate program. Also, membership in our Affiliate Program doesn’t authorize you to use our Brand features in any other way. You are only allowed to use our Brand characteristics, banners, icons, and graphics in an unaltered state, as provided through the Affiliate Program.
We don’t permit the use of our brand characteristics and trademarks in advertising, including in Google AdWords. Also, you are not permitted to use our trademarks in domain names.
If you are permitted to use the Hostkicker’s Brand characteristics, ensure to use them as per the following guidelines:
What to do:
When you are using a Hostkicker trademark for the very first time in a document, make sure to include the ® symbol. For instance, using it in the title, heading, or when first referenced in the text.
- When you are using a Hostkicker trademark, make sure to differentiate it from the surrounding text. You can differentiate the trademark by capitalizing or italicizing the entire mark, capitalizing the first letter, placing it in the quotes, or using a different font type to highlight the trademark.
- When you are using a Hostkicker trademark, you can use it as an adjective. Don’t use it as a noun or verb and not in possessive or plural form.
What not to do:
- If you are using a Hostkicker Brand Characteristic, please ensure that you do not alter it in any way. Make sure you don’t remove or change any element of the trademark or logo.
- Don’t incorporate Hostkicker’s Brand Characteristics or Brand features into your company name, trademark, logo, service name, or own product name.
- Don’t display Hostkicker’s Brand characteristics or features as the most notable visible element of your website, product, and service.
- Don’t display a Hostkicker Brand Characteristic or features in any manner that is unfair, misleading, defamatory, infringing, obscene, disparaging, or otherwise objectionable as decided by us.
- Don’t use Hostkicker’s Brand Characteristics or features in any way that disobeys any rules or regulations.
- Don’t display Hostkicker’s Brand Characteristics or features on any website containing adult content or websites that facilitate the sale of alcohol, tobacco, or gambling to individuals under the age of twenty-one years.
- Don’t portray Hostkicker’s Brand Characteristics or features in any way that indicates that you are affiliated with, related to, endorsed, or sponsored by Hostkicker.
- Don’t replicate or mimic the look and feel of any of our websites or web pages of any of our websites, including but not limited to the graphic designs, branding, product icons, color combinations, fonts, or other elements related to us.
- Don’t include Hostkicker trademarks or brand characteristics in any domain name.
- Don’t frame or mirror any web page of the Hostkicker website.
- Don’t bid on or otherwise use Hostkicker trademarks or brand characteristics in Google AdWords or other PPC advertisements.
This Agreement contains important details about your legal rights and remedies. Please, read the document carefully:
Overview
This change of Registrant Agreement is between Hostkicker and you and is made effective since the date of its electronic acceptance.
This Agreement presents the terms and conditions of your use of this Hostkicker’s change of Registrant services to transfer the registered domain name from a Current Registrant to a New Registrant and is applied to both Current and New Registrants.
Your e-acceptance of this Agreement ( change of registrant agreement ) implies that you have read and understood this Agreement carefully. You agree to be bound by this Change of Registrant Agreement along with the Domain Name Registration Agreement, Universal Terms and Services, and Uniform Domain Name Dispute Resolution Policy of Hostkicker.
The terms in this agreement ‘we’, ‘us’ or ‘our’ refers to Hostkicker and ‘you’, ‘your’, ‘User’, or ‘customer’ refers to the individual who accepts this Agreement.
Hostkicker reserves all the rights and may change or modify this Change of Registrant Agreement or any Agreement or policies mentioned here anytime. Such modifications and changes shall be instantly effective after posting on the Hostkicker’s website.
You accept and agree that:
( i ) Hostkicker may notify you of such alterations by posting them to this ( Hostkicker’s) website.
( ii ) Your use of this website and its services after such alterations shall include your acceptance of this Agreement as last revised.
( iii ) If in case you disagree to be bound by this Agreement as last revised, do not continue to use this website or its services.
( iv ) Hostkicker may occasionally but not necessarily notify you of the modifications or changes to this Agreement by email. Therefore, it’s your duty to keep your email address and all other details up to date.
( v ) Hostkicker does not take any liability or responsibility for email failure if it occurs due to an inaccurate email address.
( vi ) Hostkicker is an Affiliate of the ICANN-accredited registrar, where ICANN is an Internet Corporation for Assigned Names and Numbers.
You accept and agree that:
(i) As an affiliate of the ICANN-accredited registrar, Hostkicker is bound by an agreement with ICANN.
(ii) Hostkicker may modify this Agreement to comply with its agreement with ICANN and any other T&C presented by ICANN or the Registry applicable to the top-level domain (TLD) or country code top-level domain (ccTLD) in question.
The term ‘registry’ or ‘registry operator’ refers to the Registry applicable to the TLD or ccTLD.
1. The Change of Registrant Process: Hostkicker’s Role
Both Current and New Registrants agree that they are coming into this Agreement (change of Registrant Agreement) of their own will. Both current and new Registrants accept and agree that the role of Hostkicker in this agreement is as a processor of the transfer of the domain name registration, and Hostkicker’s only responsibility under this agreement( the change of Registrant Agreement ) will be to process the electronic transfer of the registration for the domain name.
Both the current and the new domain registrant take complete responsibility for the legal validity of the domain name transfer.
Once the change of registrant request is initiated by the Current Registrant, Hostkicker will send an email to the new Registrant for confirmation.
You accept and agree that in the period of ten days of receipt of the confirmation email, the New Registrant must log in to his account and confirm the terms of the change of registrant transaction.
If the new Registrant could not confirm the terms of the change of registrant transaction within the given period of time, in that case, you accept and agree that the transfer of Domain name will not take place, and both the transaction IDs and security code will expire.
The current Registrant is required to initiate the process from the beginning again.
Once the change of registrant transaction is completed, Hostkicker will send an email to the Current Registrant to confirm the change of Registrant regarded by this Agreement.
If you (the Current Registrant) have any objection regarding the change of Registrant, in that case, you hold all the responsibility for answering such emails and notifying Hostkicker about any such objection within a period of 15 days of receiving the email.
You, the current Registrant, accept and agree that Hostkicker does not hold any responsibility for any issue arising due to any improper change of Registrant, whether initiated intentionally or unintentionally, by you or anyone acting on your behalf.
Note:
As a part of this change of Registrant transaction, you accept and agree that within the period of 60 days (the Transfer Prohibition Period) after the completion of the transaction process, the domain name cannot be transferred to another domain name registrant.
If anyone of the current or new Registrant presents the desire to transfer the domain name to another domain registrar during the transfer probation period, in that case, both the current and new Registrants are first required to make an agreement to transfer the domain name to the NEW domain name registrar and then make necessary changes to the domain name registrant.
In case of a subsequent change of registrant transaction within the period of 60 days, the Transfer Prohibition Period will start again after the completion of the following change of the registrant transaction.
2. Representations and warranties of the current registrant and the new registrant
The individuals who have electronically accepted this change of Registrant Agreement in the place of the Current and new Registrant hereby represent and warrant that they possess the right, power and legal authority to be a part of this agreement on behalf of the Current and New Registrant.
Also, the individuals have not transferred any of the rights, claims or interests related to this Agreement to any other person or organization.
3. Successors and Assigns
All parties to this Agreement and their respective heirs, successors, and assigns shall be bound by and benefit from this Agreement.
4. Release and Discharge
By entering into Hostkicker’s Terms of services agreement, Domain Name Registration Agreement, Domain Name Dispute Agreement and any other documents related to the Domain name, the Current Registrant accept and agrees that:
(i) the Current Registrant is not allowed to receive any reimbursements and is not owed any money in reference to the Registration Agreement.
(ii) the Current Registrant frees and discharges Hostkicker from all the liabilities and responsibilities in reference to the Registration Agreement.
5. Limitations on Hostkicker’s Liability to the new registrant
The New Registrant bears the entire responsibility and accepts and agrees that Hostkicker does not hold any liability for:
The actual registration of the domain name of the Current Registrant.
The legal right and ability of the Current Registrant to transfer the domain name to the New Registrant.
Any situation either prior to this Agreement or that may arise afterwards which causes a delay or disallow the process of the transfer of a domain name registration to a New Registrant.
When the transfer is completed, the legality, validity and/or enforceability of the New Registrant’s claim to the domain name registration.
6. Additional Limitations on Hostkicker’s Liability
Along with the limitations of liability given in the Universal Terms And Service Agreement, the Current and New Registrant both agree that Hostkicker shall not be LIABLE for the following conditions, under any circumstances-
(A) Regardless of the actions of any party to this agreement, Hostkicker is not liable for the loss, modification or suspension of the Domain Name.
(B)Hostkicker is not liable for the use of domain name registration or inability to use or take benefits from the domain name registration by any party in this agreement.
(C) Hostkicker is not liable for the interruption of business of any of the Current or the New Registrant
(D) Hostkicker is not liable for the interruptions or delays of access to Hostkicker’s website or any other website.
(E)Hostkicker is not liable for the miss-delivery, non-delivery, modification, corruption or destruction of data.
(F) Hostkicker is not liable for the processing of this application or any other application for service from Hostkicker or
(G) Hostkicker is not liable for applying any dispute policy or the policies and approaches adopted by ICANN or any of its regulatory bodies.
7. Attorney’s Fees
In case of emergence of any disagreement or dispute concerning this change of Registrant Agreement, the prevailing party will qualify to receive its reasonable attorney fees and court costs.
8. Provisions Specific to .us registrations
As a Registrant, you shall indemnify and hold NeuStar, the.US Registry, and its directors, employees, representatives, affiliates, and other individuals related to them harmless from and against all claims, suits, actions, other proceedings, damages, liabilities, and expenses of any kind, including but not limited to reasonable legal fees and costs, relating to or resulting from the Registrant’s:
(i) .US domain name registration
(ii) Use of any .US registered domain name.
To qualify for and use a ‘.US’ domain name, the New Registrant warrant that it satisfies the following Nexus Requirements.
A. Registrants must be either:
A person, (i)who is a citizen of the U.S, (ii) a U.S Permanent citizen or citizen of any of its territories or possessions, (iii) the one whose primary place of the domicile is in the U.S or any of its possessions, or;
An organization or entity that is (i) included within one of the fifty U.S. states, the Columbia district, or any of the U.S possessions or (ii) organized or established as per the laws of a state of the U.S, the District of Columbia or any of its possessions, or;
A foreign organization or entity that has a bona fide presence in the U.S or any of its possession that also (i) conducts lawful activities (trade of goods or services or any other business) in the U.S, or (ii) Possess an office or other property within the U.S.
B. Each .US domain name must be served by name servers located in the United States of America or any of its possessions.
(i)The New Registrant has to warrant that Hostkicker has requested details on how the Registrant satisfies the Nexus requirement and also that he has provided such details as per his will.
(ii)The new Registrant acknowledges and agrees that their provided details will be verified and shared with the.US Registry.
(iii) If the New Registrant is unable to verify such information or fails to comply with the Nexus Requirements, in that case, the Registrant accepts and agrees that the registered domain name shall be cancelled immediately.
9. Titles and Headings; independent Covenants; severability
The titles & headings in this Change Of Registrant Agreement are for reference only and shall not be used to construe or interpret the parties’ agreement in any way other than as expressly stated herein.
Each covenant and agreement in this change of Registrant Agreement shall be treated as a separate and independent covenant or agreement for all reasons.
If any provision (or portion of a provision) of this Agreement is found to be invalid, illegal, or non-enforceable by a court of competent jurisdiction, in that case, the remaining provisions (or portions of provisions) in this Agreement will remain unaffected and will remain valid and enforceable.
10. Definitions; conflicts
The meanings of capitalized terms used here but not defined shall be that assigned in the Universal Terms of Service Agreement. If there is a conflict between this Agreement’s provisions and the Universal Terms of Service Agreement, the provisions of this Agreement will receive priority.
This Agreement contains important details about your legal rights and remedies. Please, read and understand the document carefully:
Overview
This Agreement- the Domain Name Registration Agreement is between Hostkicker and You (the person or entity registering a domain through Hostkicker) and is effective since its electronic acceptance.
This Agreement presents the terms and conditions of your use of this Hostkicker’s Domain Name Registration Services.
Your e-acceptance of this Agreement ( Domain Name Registrant Agreement ) implies that you have read and understood this Agreement carefully. You understand and accept to be bound by this Agreement along with the Hostkicker’s Universal Terms and Services, all the policies, guidelines, agreements, and registration requirements of the TLD (top-level domain) and any product disclaimers, plan limits and any other restrictions shown on the Hostkicker’s ‘Domain Name Registration Service’ landing page.
The terms in this agreement ‘we’, ‘us’, ‘our’ or ‘the company’ refer to Hostkicker and ‘you’, ‘your’, ‘User’, or ‘customer’ refers to the individual or organization who accepts this Agreement.
Hostkicker reserves all the rights and may change, add, delete or modify portions of this Domain Name Registration Agreement or any Agreement or policies mentioned here anytime. Such modifications and changes shall be instantly effective after posting on the Hostkicker’s website.
You accept and agree that:
(i) Hostkicker may notify you of such alterations by posting them to this (Hostkicker’s) website
(ii) Your use of this website and its services after such alterations shall include your acceptance of this Agreement as last revised.
If in case you disagree to be bound by this Agreement as last revised, do not continue to use this website or its services.
Hostkicker may occasionally but not necessarily notify you of the modifications or changes to this Agreement by email. Therefore, it’s your duty to keep your Shopper Account, including your email address and all other details, up to date.
Hostkicker does not take any liability or responsibility for email failure if it occurs due to an inaccurate email address.
Hostkicker is an Affiliate of the ICANN-accredited registrar, where ICANN is an Internet Corporation for Assigned Names and Numbers.
You accept and agree that:
(i) As an affiliate of the ICANN-accredited registrar, Hostkicker is bound by an agreement with ICANN.
(ii) Hostkicker may modify this Agreement to comply with its Agreement with ICANN and any other T&C presented by ICANN or the Registry applicable to the top-level domain (TLD) or country code top-level domain (ccTLD) in question.
The term ‘registry’ or ‘registry operator’ refers to the Registry applicable to the TLD or ccTLD.
In order to identify the sponsoring registrar, you can click here.
1. Our services
Your Domain registration will be effective only if all the conditions below are satisfied-
You accept and agree with all the terms and conditions of this Domain Registration Agreement and all the above-stated agreements and policies.
Hostkicker accepts your Domain Registration Application.
Hostkicker receives all the applicable payments, including registration fees, renewal and reinstalment fees. And;
Hostkicker supplies the domain registration details to the registry officer for the TLDs, and the registry officer approves your registration application.
2. Limitation of Liability
You acknowledge that Hostkicker does not have complete control over the domain registration procedure. Once you submit a domain registration application to Hostkicker, we forward the details in the application to the registry administrator for further processing and actual registration of the domain name. Hostkicker disclaims, and you agree that Hostkicker is not liable for any inaccuracies in the registration information resulting from the input of the data by you or by the Registry Administrator.
Due to such spelling issues or typos, Hostkicker will not be held accountable or refund a domain name registration.
3. Multiple Domain Registrations
In accordance with ICANN policies, We (Hostkicker) reserve the right to refuse or deny registering multiple domain registrations.
4. Fees
Fees Payment as a condition of domain registration: As consideration for the domain registration service we offer, you accept and agree to pay all the registration and other applicable fees as indicated prior to the effectiveness of the desired domain registration via the payment method you selected at the time of registration. All the fees you submitted are non-refundable. We will not be able to pay back your fees even if your domain registration is cancelled, suspended or transferred before your current registration term ends.
The registered domain name registrant is accountable for keeping the necessary documents to attest to and prove the initial date of registration of the domain name.
The right to modify fees: We (Hostkicker), at our sole discretion, reserve the right to modify fees, surcharges, and renewal fees at any time. Also, we may initiate new payments for any reason with 30 day notice period at any time.
Credit card charge-backs for domain registrations: In case of a charge-back to us (Hostkicker) by the credit card company or ( by another payment provider used by us) for the payment of registration or any other fees, you accept and agree that as the paying entity for that registration to the registry, the domain registration shall be transferred to us (Hostkicker).
You accept that we reserve the right concerning such domains, including but not limited to the right to make such domain(s) available for others to purchase. Also, we reserve the right to restrict your account and the rest domains unless and until we receive the payments for the chargeback fees and/or administrative fees. In our sole discretion, we may reinstate your domain registration, depending on the registration fee receipt and any administrative and/or chargeback fees discussed in this section.
Credit card charge-backs for non-domain registration services: In case of a charge-back to us (Hostkicker) by the credit card company or ( by another payment provider) for the credit card used related to the payment of a non-domain registration fee, you agree that you will not initiate the use of services or discontinue its use if the Service was previously in use, and we may erase any data kept by the Service along with your account and the rest of your services being shut unless and until we receive the payments for the chargeback fees and/or administrative fees.
At our sole discretion, we may reinstate your domain registration, depending on the receipt of the non-domain registration fee and chargeback fees and/or any administrative discussed in this section.
5. Required Domain Registration Information
a) Registration information.
For registering a domain name with Hostkicker and in accordance with ICANN, you are required to submit complete and accurate information, including the following. In the event of any change or update in information, you are required to update us within seven days of the change. The required registration information includes-
The name & postal address of the domain registrant;
The requested domain ;
Administrative and technical contact information, including the name, postal address, email address, telephone number, and Fax number for administrative and technical contact for the Domain;
Billing contact details, including the name, postal address, email address, and voice telephone number of the billing contact for the Domain.
b) Additional registration information.
As per the ICANN policies, Hostkicker is bound to submit and keep complete, accurate and current additional information related to domain registration, including the following-
The original date of the domain registration;
The date and time when we received the registration and when we transmitted it to the appropriate registry;
Any communication between you and us, electronic or paper form, including registration orders, modifications, or terminations and related correspondence associated with the domain registration;
Your domain registration account records, including the dates and amounts of all payments and refunds;
The I.P. addresses of the primary and any secondary nameservers for the Domain;
The names corresponding to those nameservers;
The name, postal address, email, voice telephone number, and fax number of the administrative and technical contact for the Domain;
The expiry date of the registration; and
All additional communication between you and us related to your domain registration and the services similar to it.
c) Use of Registration and Additional Registration Information.
You accept and agree that we will make available the provided Registration Information and the Additional Registration Information to ICANN and to other third-party Registry Administrators such as Global Names Registry Ltd., Neustar, Inc., VeriSign, Inc., Global Domains International; Afilias USA, Inc. and as applicable laws may require or permit.
In addition, you understand and accept that ICANN and the Registry Administrators may specify guidelines, limits and/or requirements concerning the amount and type of information that we may or must make available to the public or private entities and the way in which such information is made available.
Moreover, you agree to all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, the provided information related to the domain registration (including any updates to such information) during or after your domain registration term.
Furthermore, you hereby unconditionally release and forever discharge us from all claims and causes of action which may have or may hereafter arise from such disclosure or use of your Registration Information and the Additional Registration Information.
d) Information update and accuracy obligations.
In the event of an update of your registration information, you must provide us with the updated information within the period of seven days of any changes if you want to keep registering your domain.
In order to review, change, or update your registration information, you can log into Hostkicker’s domain management console, domain manager service, or similar Service available on our website.
As per ICANN guidelines, you accept and agree that you’ll be in material breach of this Registration Agreement, and we may cancel your domain registration at our sole discretion if you purposely provide false information or fail to update your Registration Information within seven (7) days of any change.
You further accept and agree that if you fail to respond within ten days to any inquiry by us regarding the accuracy of registration information, this will be considered a material breach of this Registration Agreement which will be sufficient grounds for cancellation of your domain registration.
Furthermore, you warrant that any third parties whose personal information you have provided as Registration Information have given their consent.
e) Required Information for renewals.
The information you are required to provide at the time of renewal of your domain registration might have changed from earlier. If you don’t want to submit the updated required information, we may not be able to renew your domain registration.
f) Ownership of data.
You accept and agree that the Company (Hostkicker) owns all information in our database, including registration information, additional registration information, and all other information in our domain database.
Furthermore, you acknowledge and consent to the Company’s use of the data for domain registrations for which we act as the registrar.
Aside from our rights in its Domain Database, we have no ownership interest in any of your unique personal registration information. The Company (Hostkicker) accept and assures you will protect your personal registration information using reasonable safeguards against loss, unauthorized access or disclosure, alteration, or mishandling.
g) Registrant Verification.
You accept and agree that it is essential for the domain Registrar to verify the email address of the Registered Name Holder within the period of 15 days of any registration, transfer, or change in the contact information of the Registered Name Holder.
If the domain name holder fails to verify the contact information within 15 days, it will be considered a major breach of this Registration Agreement, and we will immediately suspend the domain name(s) and related services.
Moreover, you also accept and agree that it is essential for the domain Registrar to verify the changes to WHOIS contact information, if any, within 15 days of such change.
If the domain name holder fails to verify the contact information within 15 days, it will be considered a major breach of this Registration Agreement, and we will immediately suspend the domain name(s) and related services.
6. Domain Privacy Service
a) You accept and agree that if you purchased “Domain Privacy” services from us, your Registration Information would be replaced in any public WHOIS search with information supplied by the Company, the “Private WHOIS Contact Information” as determined in its sole discretion.
b) You accept and agree that you’ll be solely responsible for addressing any financial, creditor, or other claims that surface in connection with a legal or other dispute concerning your domain name registration, even if the Private WHOIS Contact Information will show up in any public WHOIS search result. The use of the Domain Privacy service in no way absolves you of the need to supply current, accurate, and valid registration information as required by this registration agreement.
c) The Domain Privacy service is not like any other general mail forwarding service. You consent to refrain from disclosing the Private WHOIS Contact Information to any third party for the purpose of having that party send communications to you. If you violate this Agreement, the Company may immediately terminate the Domain Privacy service and, at its sole discretion, reveal the Registration Information.
d) In spite of anything contrary, you acknowledge that the Company may but is not required to review and forward communications relating to your domain name that it receives. You hereby give the Company permission to accept, open, forward and destroy all mail sent to our address at our sole and absolute discretion. You further accept and agree that the Company is not required to, but may, forward to you legal notices, certified or traceable courier mail, or first-class U.S. postal mail. But, the Company will not forward junk mail or other unrequested communications, whether delivered by telephone, fax, or postal mail. You further authorize the Company to discard or return all such communications to the sender.
You accept and agree that:
(i) Postal mail can be forwarded using standard mail forwarding or scanned and emailed electronically to the email address provided in the registration information.
(ii) Emails may be sent to the email address provided in the registration information
(iii)Callers will be instructed to use the postal or email address on the Private WHOIS Contact Information. We will forward such emails following the terms of this section and will not forward phone messages to you.
You consent to release the Company from all liability for any claims you may have about the failure of the Company to forward or otherwise refer communications addressed to your domain name.
e) If the domain name for which the Domain privacy service is active is transferred to any other registrar. In that case, we will instantly terminate the Domain Privacy service, and we will not issue any refund for the unused part of the privacy service.
f) You understand and agree that, if you fail to renew the Domain Privacy service while your domain name registration is still active, your Domain Privacy service may be suspended, cancelled, or terminated, resulting in the display of your Registration Information in any public WHOIS search.
After the initial purchase, Domain Privacy renewals will be charged the standard list fee, which can be viewed by entering your account.
g) We (Hostkicker) reserve the right at its sole discretion and without any liability to you to suspend, terminate or cancel your use of the Service and/or disclose your Registration Information to any third party or in any public WHOIS search at any moment without prior notice to you:
To act in accordance with any applicable laws, rules & regulations, or with any court orders, requests of law enforcement or official government inquiries;
To abide by ICANN’s Uniform Domain Name Dispute Resolution Policy ;
To settle any third-party claims arising out of your use of the Domain Privacy service, including but not limited to avoiding a dispute of any claim that the registered domain name violates or infringes a third party’s brand characteristics such as trade name, trademark, or any other legal rights;
If, in case, you breach any condition of this Agreement ( Domain Registration Agreement) or any and all other agreements you’ve signed with the Company.
To follow the rules, practices, or guidelines of the registry that governs the domain name extension receiving the Domain Privacy service and to safeguard the stability and integrity of the applicable domain name registry;
To protect the Company, its subsidiaries, affiliates, directors, and staff from any monetary loss or legal liability;
To stop improper conduct that comes to the Company’s attention, including but not limited to, if you are using Domain Privacy to conceal your involvement in unlawful or immoral acts, including but not limited to the activities that are intended to or else :
(i) To abuse, harm, defame, embarrass, harass or threaten third parties;
(ii) To disobey federal or state laws of the U.S and/or other foreign territories;
(iii) To promote child pornography, terrorism, and any other crimes;
(iv) To imitate the identity of a third party;
(v) To harm minors in any way; or
(vi) To associate with or transmit any virus, code, backdoors, worms or any device or mechanism that can damage, corrupt, or interfere with any hardware, software, network, system, or data.
h) According to ICANN’s Registrar Accreditation Agreement (“RAA”) paragraph 3.7.7.3, you understand and agree that if you license the utilization of a Registered Name to any third party, you still will be the Registered Name Holder in records. You will be accountable for providing the complete contact information and for providing and updating valid administrative and technical contact information to facilitate the early settlement of the issue related to the Registered Name.
As per this Agreement, the Registered Name Holder licensing use of a Registered Name shall accept accountability for any harm caused by inappropriate use of the Registered Name unless and until the Registered Name Holder reveals the licensee’s current contact information and identity within seven days to a party that provides the reasonable evidence of actionable harm to the registered name holder.
7. Domain Parking
a) Once you register a domain with us, the preferred domain will automatically be placed on the company’s name servers.
When users enter the domain, a “coming soon” page is displayed (collectively, “parking a domain” or a “parked domain”). Domain parking does not require additional charges.
You accept and authorize the placement of a ‘coming soon’ page by the company and the associated content with it on your parked domain.
After the completion of domain registration, you can change the configuration of the name server or ‘un-park’ the domain.
If you want to register the name server by the domain you are currently registering, in that case, the names will be initially parked with the company until you edit the name servers using your account manager once the domain registration is finished.
b) If your domain registration expires, your registration will be invalid.
If you can renew the domain name, you may update it to its original settings. After the expiration of your domain, but before renewal, the domain will point to an ‘expired’ page. If you do not renew the domain, the Company may place an “expired” page and the contents associated with it on the parked domain. After the renewal of domain registration, you can change the configuration of the name server or ‘un-park’ the domain. If you want to register the name server by the domain you are currently registering, in that case, the names will be initially parked with the company until you edit the name servers using your account manager once the domain registration is finished.
c) The “coming soon” page and “expired” page may contain advertisements and other materials determined by the Company. This may include, without limitations, third-party websites, offers of third-party products and services, and/or Internet search engines.
The Company retains the right to take all proceeds from such advertising and other materials and keep them for itself.
d) DNS Wildcard.
When you use the DNS management services of the company but do not set up a wildcard DNS for your domain, in that case, the Company may insert wildcard DNS records to fix subdomains of your domain that would not resolve otherwise.
The Company, in its sole discretion, may direct those subdomains to a web page that may contain ads and other materials determined by the Company.
This may include, without limitations, third-party websites, offers of third-party products and services, and/or Internet search engines.
8. Registration Renewal
Renewal obligations-You will be solely responsible for the renewal of the domains and additional services before their expiration, and you may renew them anytime before their expiration. The Company does not have any liability to you or any third party regarding the renewal of such services, including, without limitations, any errors or failure in renewing the services.
The Company, at its sole discretion, may notify you if any renewal fees are due. The company might cancel your registration if these fees remain unpaid by the deadline stated in a notice or reminder regarding renewal. The payments must be made by the methods indicated in the renewal form. You will be solely responsible for failing to renew your services if your billing information is inaccurate.
Autorenewal: You understand and agree that if you paid for any services under this Agreement with a credit card or any other payment service like PayPal, you authorize the company to charge your credit card or the payment service account and renew the relevant service(s) automatically on or before their renewal date using the similar payment method unless you notify the company that you do not want to renew such services. You must notify the company no later than sixteen (16) days before the renewal date if you don’t wish to renew the services. The Company will automatically renew any domain that is up for renewal, for one or two years, depending on the TLD or ccTLD of your domain name, in the absence of such notification from you, and the company will charge the credit card or payment service account you provided to the Company, at the Company’s then-current rates.
You are completely responsible for all the payment information you give to the company. You are required to notify the company once there are any changes (e.g., change of expiration date or account number). You are solely responsible for failing to renew if the credit card or payment service account has expired or is invalid. The Company (Hostkicker) does not hold any liability for such failure.
Expired domain names- You accept and agree that we may provide our contact information in the WHOIS data for any domain name that has expired because the failure to renew a domain name leads to immediate cancellation of registration and the loss of all rights to the domain name. You acknowledge that if you decide not to renew your domain name, we may renew and transfer domain name to any third party on your behalf as an Expired Domain Transfer in our sole discretion.
New customers through domain auction and/or Expired Domain Transfers. In case you register a domain name that was earlier registered with, and yet not deleted by, the Company during your purchase, you agree that the term of your registration will be for one year from the original expiry date for the domain name, as the registration is due to an ED Transfer (expiry domain transfer). There will be no compensation for the time you cannot use the domain until your account can use the domain. NOTE: You can not transfer your domain name to another Registrar for sixty (60) days from the last transfer date.
9. Domain Dispute Resolution Policy
You agree to be bound by the domain dispute resolution policy (‘Dispute Policy’) applicable to the domain, including the Uniform Domain Name Dispute Resolution Policy, incorporated here for reference. The Dispute Policy is formed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Agreement. Certain disputes are governed by the applicable Dispute Policy. In case of such dispute, you agree to be bound by the provisions specified in the applicable Dispute Policy at the time a third party disputes your domain registration.
Furthermore, you consent to indemnify and hold the Company harmless in accordance with the terms and conditions outlined in the relevant Dispute Policy if a domain dispute with a third party arises.
ICANN or the relevant Registry Administrator may change the dispute policy anytime. Your continuing use of the domain registered to you after such modification represents your acceptance of the new Dispute Policy and this Registration Agreement.
In case you object to such changes, you can ask for the cancellation of your domain registration or a transfer to another domain registrar.
To settle the disputes related to or arising from the utilization of a second-level domain name, the SLD holder must submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the domicile of the SLD holder and (2)at the location of the registrar.
Furthermore, you accept the rules of ICANN’s Uniform Rapid Suspension and submit to any proceedings commenced according to the URS, if applicable.
10. Agents and Licensing
You acknowledge and agree that, in the event that you register a domain on behalf of someone other than yourself, you represent and warrant that you are authorized to bind that person or entity as a principal to the terms of this Registration Agreement, including the relevant Dispute Policy.
Regardless of the preferences of the account owner, agent, or other listed contacts on the specific domain, the name listed as the domain’s registrant or the appropriate officer of a listed Organization at the Company’s discretion may decide to move the domain to another account for full access to the domain.
Furthermore, you acknowledge that even if you grant permission to third-party to use a domain that is registered to you, you will still be the domain holder of record and accountable for strictly adhering to the terms of this Registration Agreement, including but not limited to fulfilling your financial obligations and providing accurate Registration Information and Additional Registration Information and updating them as needed.
In addition to this, you accept responsibility for the activities of the license holder while using the domain unless you immediately reveal the name of the licensee to any party presenting convincing evidence of actual harm.
11. Representations and Warranties
If you are giving information about a third party when registering the domain, you hereby represent and warrant that you have
(a) given that party notice of the disclosure and use of their information as disclosed in this Registration Agreement and
(b) obtained their express consent to the disclosure and use of their information as disclosed in this Agreement.
You additionally affirm that, in your best knowledge and belief, neither the domain’s registration nor the way it is used, either directly or indirectly, infringes on any third party’s legal rights. Furthermore, you affirm and guarantee that all the information you supplied in connection with the registration of your domain is true.
12. Indemnification
Indemnification of the Company
a) You will indemnify, defend and hold the company and its subsidiary and parent entities, affiliates, the Registry Administrators, and all of their directors, members, agents, and employees harmless from all claims, action, cause of action, the demand of any third party and all resulting judgments, settlements, penalties, liabilities, losses, expenses, damages, including but not limited to reasonable attorneys’ fees and costs, resulted from:
( i ) your violation of this Registration Agreement or any company policies governing this domain registration or associated services,
( ii ) your use of the domain,
( iii ) negligence or any other misconduct by you.
( iv ) any demand, lawsuit, or claim made by a third party relating to registering or using a domain registered in your name. This indemnification is along with any indemnification required under the Dispute Policy. As used in this Section 12, “reasonable attorneys’ fees and expenses” includes, without limitation, fees and costs expended to interpret or apply this Section 12. To monitor and take part in defence of any Claim, the Company may, at its expense, retain separate counsel. The Company shall give you notice of any Claim in a timely manner.
b) Indemnification of ICANN and Registry Operators. You accept and agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s), including without limitations Public Interest Registry, VeriSign, Inc., Afilias Limited, NeuStar, Inc. and their respective directors, officers, shareholders, employees, agents, affiliates and all related members from and against all claims, liabilities, damages, and expenses, including reasonable attorneys’ fees and any other expenses resulting due to or related to your domain registration and any disputes related to it. There may be cases where some Registry Operators do not allow the indemnification provision, as described herein, to apply; in such instances, the indemnification provision operates to the full extent permitted by the law applicable to such Registry Operator(s).
c) These indemnification obligations will remain in effect till this Registration Agreement expires or is terminated.
13. Warranty Disclaimer and limitation of liability
a) Disclaimer of warranty. Regarding this registration agreement or its services, the company does not represent or warrant any kind, including without limitations implied warranties of merchantability, non-infringement or fitness for a particular purpose. In addition, and without limiting the preceding, the company does not represent or warrant any kind regarding the domain registration, and its use under this agreement will prevent challenges to your domain registration or that your domain registration will not be suspended, cancelled, or transferred.
b) Limitation of liability. You accept and agree that the company (Hostkicker) and the indemnified parties discussed above in this registration agreement will not be liable or accountable for the following:
( I ) The loss or suspension of the domain registration in your name;
( II ) the use of your domain registration by you or someone else, whether or not that use is permitted by you;
( III ) Business interruptions;
( IV ) Denial of service attacks, access delays, or access interruptions to this website or any other websites you access through a domain that is registered in your name;
( V ) the non-delivery, miss-delivery, tampering, deletion, or other modifications of data;
( VI ) Events and incidents beyond the company’s control or the control of any of the indemnified parties;
( VII ) Application processing of your domain;
( VIII ) any issues or failure of the provided encryption or other services; or
The use of dispute policy:
In addition, the company and the indemnified parties will also not be accountable for any special, indirect, incidental, or consequential losses, including lost profits or monetary damages, regardless of the form of action, whether in contract, tort or even if they have been informed of the possibility of such damages.
Under any circumstance, the total amount you paid to register the domain that is in dispute for the then-current period of registration will never be more than the company’s or any indemnified parties’ maximum aggregate liability.
14. Term and Termination
a) Term. The term of this Registration Agreement begins on the day you accept it and lasts until one of the following events occurs.
( i ) If your domain registration is cancelled;
( ii ) If your domain is transferred to a third party; or
( iii ) If your domain expires or is terminated.
Your responsibility to pay any fees or other sums due under this Agreement that were due before its expiration or other termination will survive such expiration or termination of the domain.
b) Domain suspension, cancellation or transfer.
You understand and accept that your domain registration may be suspended, cancelled, or transferred:(a) to remedy administration errors made by the Company, another registrar, or a Registry Administrator, or (b) to resolve domain-related issues in accordance with an ICANN policy.
Prior to registration, it is your responsibility to confirm that no one else’s rights are being violated by any domain. The Company has the right to immediately revoke your registration if the domain name you have registered is found to violate someone else’s rights (decided at the Company’s sole discretion). You will not be eligible for payback or refund if you willfully violate our agreement. Further, You also acknowledge and agree that the Company shall have the right to suspend, cancel, transfer, or modify a domain registration in its sole discretion, with up to seven days’ notice or if the Company receives an authenticated court order demanding the suspension, cancellation, transfer, or modification of the domain registration.
c) Termination. The Company (Hostkicker) reserves the right to suspend, cancel, transfer or modify your domain registration: (a) If you materially violate this Registration Agreement (including the Dispute Policy) and fail to remedy the violation within ten (10) days of notice from the Company; (b) If you use the domain to send unsolicited or unrequested emails infringing this Registration Agreement or applicable laws; (c) If you use the domain for illegal purposes, or (d) If you otherwise infringe this Registration Agreement as decided by the Company’s (Hostkicker) sole discretion.
We (Hostkicker) will not be liable or responsible for any costs related to the termination of your rights to the domain name.
d) Survival. The provisions in sections 2, 9, 11, 12, 13, 14, and 15 will survive the Termination or Cancellation of this Registration Agreement.
15. Additional Terms
a) Notices. You accept and agree that any notices the Company is required to give you under this Registration Agreement will be considered to be given if delivered according to the contact details you have specified.
b) Relationship. The Company and you are independent contractors, and nothing in this Registration Agreement implies that the Company and you are partners, joint venturers, principals or agents.
No party is expressly or impliedly authorized to make contracts or enter into agreements on behalf of the other party, nor may it represents itself as having authority to bind or oblige the other party in any way.
c) Waiver. Under this domain registration Agreement, When a party fails to exercise or delays exercising the rights and remedies, in that case, it shall not be interpreted as a waiver of the right or remedy, nor shall a single or partial exercise of any rights or remedies by any party restrict the exercise of any other or further rights or remedies.
In no case shall any express waiver or consent by any party hereto to any breach or default in any terms or conditions of this Registration Agreement constitute a waiver or assent to any subsequent breach or default in such or any other terms or conditions.
d) Severability. In the event that any provision or any of its portion of this Registration Agreement is found to be invalid, illegal, or non-enforceable by a court of jurisdiction, it is the parties’ intention that the remaining provisions and their portions shall represent their agreement with regard to the subject matter of this agreement, and they shall continue in full force and effect.
e) Assignment. You can not transfer or assign this Domain Registration Agreement and/or any of your rights or duties under it without the Company’s prior written agreement and/or without utilizing the Company’s domain transfer method in accordance with ICANN’s standards. Any attempted assignment in infringing of the above provision is invalid and has no force or effect.
The Company may allocate its rights and responsibilities under this Registration Agreement, as well as hire agents to fulfil its duties and exercise its rights hereunder without your approval.
This Registration Agreement will be binding on and will benefit the parties hereto, as well as their respective successors and authorized assignee. You accept and agree that the Company may transfer your domain name from one registrar to another without requiring your approval unless forbidden by ICANN, applicable registry regulations, or applicable law.
f) Intellectual property. Except for your Content, the company owns all the “company content”, the content available through the Services, including text, designs, graphics, audio, video, images, information, software, and all other files, as well as all software used to provide the Services.
Other than as specifically authorized in this Registration Agreement, no Company Content may be changed, copied, distributed, reproduced, scraped, republished, downloaded, displayed, posted, communicated, sold, or exploited in any form or by any means.
You may not decompile, reverse engineer, disassemble, or otherwise try to obtain source code or other trade secrets from any Company Content, either directly or indirectly.
If you were found to use the Company Content other than as expressly permitted here is forbidden and will result in the automatic termination of your rights to use the services and the Company Content provided here. The Company (Hostkicker) or its licensors are the sole owners of any rights not expressly granted by this Registration Agreement.
g) Entire agreement. This Domain Name Registration Agreement, documents and the attachments referenced here, including without limitations the applicable Dispute Policy, comprises the complete and exclusive agreement between the Company (Hostkicker) and You and surpasses and governs all previous agreements, proposals or other communications with respect to the subject matter.
This Agreement contains important details about your legal rights and remedies. Please, read and understand the document carefully:
Overview
This Agreement- the Domain Name Transfer Agreement is between Hostkicker and You (the person or entity registering a domain through Hostkicker) and is effective since its electronic acceptance.
This Agreement presents the terms and conditions of your use of this Hostkicker’s Domain Name Transfer Services to transfer a registered domain from another domain name registrar to Hostkicker as an affiliate of the domain name registrar.
Your e-acceptance of this Agreement ( Domain Name Transfer Agreement ) implies that you have read and understood this Agreement carefully. You accept to be bound by this Domain Name Transfer Agreement along with Hostkicker’s Universal Terms and Services and Domain Name Registrant Agreement.
The terms in this agreement ‘we’, ‘us’ or ‘our’ refers to Hostkicker and ‘you’, ‘your’, ‘User’, or ‘customer’ refers to the individual or organization who accepts this Agreement.
Hostkicker reserves all the rights and may change, add, delete or modify portions of this Domain Name Transfer Agreement or any Agreement or policies mentioned here anytime. Such modifications and changes shall be instantly effective after posting on the Hostkicker’s website.
You accept and agree that:
(i) Hostkicker may notify you of such alterations by posting them to this ( Hostkicker’s) website
(ii) Your use of this website and its services after such alterations shall include your acceptance of this Agreement as last revised.
If in case you disagree to be bound by this Agreement as last revised, do not continue to use this website or its services.
Hostkicker may occasionally but not necessarily notify you of the modifications or changes to this Agreement by email. Thus, it’s your responsibility to keep your Shopper Account, including your email address and all other details, up to date.
Hostkicker does not take any liability or responsibility for email failure if it occurs due to an inaccurate email address.
Hostkicker is an Affiliate of the ICANN-accredited registrar, where ICANN is an Internet Corporation for Assigned Names and Numbers.
You accept and agree that:
(i) As an affiliate of the ICANN-accredited registrar, Hostkicker is bound by an agreement with ICANN.
(ii) Hostkicker may modify this Agreement to comply with its agreement with ICANN and any other T&C presented by ICANN or the Registry applicable to the top-level domain (TLD) or country code top-level domain (ccTLD) in question.
The term ‘registry’ or ‘registry operator’ refers to the Registry applicable to the TLD or ccTLD.
In order to identify the sponsoring Registrar, you can click here.
This Domain Name Transfer Agreement will be effective after the acceptance of the Registration and Transfer agreements in the 3rd step of the Online Transfer Application procedure.
Steps to Transfer Your Domain Name Registration
To transfer your Domain name to Hostkicker, you need to provide all the required information that is requested via the online transfer application, such as contact details, nameserver information, etc.
Proceed through the shopping cart and make payment for your transfer(s).
At your Current Registrar, Update your Administrative Contact’s email address. We will contact the Administrative Contact’s email address for the approval of the domain transfer.
The transfer process will only initiate after the approval from your Administrative Contact. Once initiated, the losing Registrar will accept or deny a transfer within five (5) days.
NOTE: Once the transfer process is complete, you can RENEW, MODIFY DNS, and perform other functions by logging into your Client Area.
Failed or Rejected Transfer Requests
Hostkicker, by its sole discretion, may accept or reject your domain name transfer application for any reason. The reasons for rejections may include but are not limited to, if:
the current Registrar rejected the transfer application;
the original registration of the domain name occurs less than sixty (60) days before the transfer request;
The Registry or the losing Registrar has placed the domain name in a locked state.
The domain was transferred to Hostkicker less than sixty (60) days before the transfer request;
the domain name expired but wasn’t renewed
the domain name expired and was renewed during the grace period of forty-five (45) days, but the grace period has not passed yet;
the Registrant of the domain name was changed less than sixty (60) days before the transfer request;
The Account was changed less than ten (10) days before the transfer request;
the current domain name holder is accountable for any pending bankruptcy
there is any dispute over the domain name holder’s identity;
there is any situation described in the Dispute Policy; or
The transfer order is of more than thirty (30) days old.
Terms for Transferring Domain Names
After successful Domain transfer, you will remain the domain name Registrant, and Hostkicker will become the Registrar of record. Your domain registration will automatically be extended by one year when the domain name registry is available.
We may initiate the domain registration transfer process only if-
(i)we receive the agreement acceptance, (ii) the payment is made, and (iii) the Administrative contact responds positively to our emails concerning the transfer Permission.
The email asking for Permission to transfer will be sent to the Domain Name Administrative Contact determined in the previous Registrar’s WHOIS database. You agree to keep a copy for your records of the receipt for the purchase of your domain name.
The Administrative Contact will act on the Registrant’s behalf and has the legal authority to initiate this transfer request.
You will be responsible for keeping the Administrative Contact’s email up to date as identified in the previous Registrar’s WHOIS database.
Transfers of Recently Renewed Domain Names
You acknowledge that if you transfer a domain name that was recently renewed, the possibility is you will lose the renewal year.
The renewal year will be lost if:
(i) You renew the domain name during the grace period of forty-five (45) days after the expiry date has passed; and
(ii) the grace period of forty-five (45) days has not yet been over since the expiry date.
You accept and agree that Hostkicker is not responsible for the loss of this renewal year and that Hostkicker will not credit that year to your domain.
You must review your registration agreement with your previous Registrar to determine whether you are entitled to a refund or credit for the lost year.
You can contact your previous domain Registrar if you have any queries about the lost year. You accept and agree that Hostkicker will not intercede in recovering any such renewal year losses that occur during domain name transfer.
Data for Domain Transfer
You accept that this is a request for a domain name transfer of registrars.
By accepting this Agreement, you are requesting the transfer of domain name registration from your current Registrar to Hostkicker.
You, as the current Registrant of the domain name, agree to authorize the transfer by notifying your Administrative contact of his or her duties regarding the transfer.
You accept and agree that you and Hostkicker have entered into this Domain Name Registration Agreement and have read and understood this Domain Name Transfer Agreement carefully. You agree to be legally bound by all the agreements that govern all domain names registered through Hostkicker, including the Domain Name Registration Agreement; the ICANN Rules for Uniform Domain Name Dispute Resolution Policy; this domain name transfer agreement; and any Hostkicker policies and procedures that it may post time to time.
TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings in this Domain Name Transfer Agreement are for reference only, and they must not be used to interpret the parties’ Agreement in any way other than as expressly stated herein.
Each covenant and agreement in this Domain Name Transfer Agreement shall be treated as a separate and independent covenant or Agreement for all reasons.
If any provision (or portion of a provision) of this Agreement is found to be invalid, illegal, or non-enforceable by a court, in that case, the remaining provisions (or portions of provisions) in this Agreement will remain unaffected and will remain valid and enforceable.
DEFINITIONS; CONFLICTS
The meanings of capitalized terms used here but not defined shall be that assigned in the Universal Terms of Service Agreement. If there is a conflict between this Agreement’s provisions and the Universal Terms of Service Agreement, the provisions of this Agreement will receive priority.
This Agreement contains important details about your legal rights and remedies. Please, read and understand the document carefully:
Overview
This Agreement- the Hosting Agreement is between Hostkicker and You and is effective since its electronic acceptance.
This Agreement presents the terms and conditions of your use of this Hostkicker’s Hosting Services and represents the entire agreement between you and Hostkicker regarding the subject matter of this document.
Your e-acceptance of this Agreement (Hosting Agreement) implies that you have read and understood this Agreement carefully. You agree to be bound by this Hosting Agreement along with the Hostkicker’s Universal Terms and Services and any other policies or agreements that are expressly included in this document.
The terms in this agreement ‘we’, ‘us’ or ‘our’ refers to Hostkicker and ‘you’, ‘your’, ‘User’, or ‘customer’ refers to the individual or organization who accepts this Agreement.
Hostkicker reserves all the rights and may change, add, delete or modify portions of this hosting agreement or any Agreement or policies mentioned here anytime. Such modifications and changes shall be instantly effective after posting on the Hostkicker’s website.
You accept and agree that:
(i) Hostkicker may notify you of such alterations by posting them to this (Hostkicker’s) website
(ii) Your use of this website and its services after such alterations shall include your acceptance of this Agreement as last revised.
If in case you disagree to be bound by this Agreement as last revised, do not continue to use this website or its services.
Hostkicker may occasionally but not necessarily notify you of the modifications or changes to this Agreement by email. Therefore, it’s your duty to keep your Shopper Account, including your email address and all other details, up to date.
Hostkicker does not take any liability or responsibility for email failure if it occurs due to an inaccurate email address.
Description of Services
Hostkicker offers varying plans of web hosting services, namely shared hosting, dedicated hosting and VPS hosting.
Shared Hosting: If you buy a shared hosting plan from us, your site will be placed within one or more servers, and all the resources are shared between many customers on the same servers. However, your site will be given a unique address (DNS).
Virtual Private Server (“VPS” ): If you buy a VPS plan from us, you will share a server with other customers. However, you’ll have full control over your server space and the entire configuration of your virtual instance on the server. You’ll have a dedicated IP address and administrator or root access.
Dedicated Server: If you buy a Dedicated Server plan from us, you reserve an entire server solely for your account and usage. You’ll have exclusive rights to bandwidth, memory, and storage space of your server and the performance of your server will not be affected by traffic and the usage patterns of other customers.
Limitations; Account Termination
Migration of Servers. You accept and agree that we may need to migrate our servers as a normal course of business. Due to this, you may be assigned a different IP number even if you have a dedicated IP. We do not attest that you will be able to maintain your given IP numbers consistently.
Termination of Services.
You accept and agree that after the termination or expiration of your hosting services, you must stop using the services and relinquish the use of the IP addresses and server names allocated to you concerning your services. We will not be liable for transferring your website or server content to another hosting provider.
You will be fully responsible for moving your website or server content from our servers before the termination of your services.
We’ll not transfer your website or your server content to another provider.
If you do not move or fail to move your website or server content from our servers before the cancellation of your Service, all of that content will be deleted, and we’ll not be able to provide you with a copy of your content.
Free Products Credits. Immediately after the termination of your Services, we will cancel or revoke all the free products provided as part of the Services.
Your obligations
Justification.
You accept and agree that we have the right to seek justification related to your use of the hosting services, particularly your purchase of IP addresses, and you will be obligated to provide any and all details sought by us.
Related to such purchase, you accept and agree that your name and justification may be disclosed to certain registries, and such information may be displayed publicly on the Whois database.
Abusive Activities.
You accept and agree that you’ll not use our servers and your website as a source, intermediary, destination address or reply-to address for mail bombs, packet corruption, denial of Service, Internet packet flooding, or other abusive activities that risk the stability of network or damage the system of Hostkicker, our customers.
Server hacking or other activities of security breaches is prohibited, and we reserve the right to remove sites containing information related to hacking or links to such information.
You are prohibited from using your website as an anonymous gateway.
We prohibit the usage of Software or scripts that cause our servers to load above a reasonable level, as decided by us.
You accept and agree that we have the right to temporarily or permanently remove your website from our servers if you violate this Agreement and/or your involvement in activities that risk the stability of our network.
You accept and agree that we may remove all websites associated with your hosting account if one website violates this Agreement.
Along with the rules of conduct listed in our Universal Terms of Service, you accept and agree that you’ll not engage in unacceptable use of the Services, including but not limited to the use of services to:
Distribute or transmit any material that may be perceived as grossly offensive, vulgar, or malicious.
Attempt to mislead anyone regarding the source, identity, or origin of any communication.
Attempting to gain access, disrupt or interfere with any computer system, server, network or account you are not authorized to.
involvement in any activity that conflicts with the spirit or intent of this agreement or any of our policies
Using your server as an “open relay” or for similar intents.
On our servers, we do not allow the use of a public recursive DNS service. All recursive DNS servers must be guarded so that only internal network users or a small number of IP addresses can access them.
We actively scan for public DNS services and reserve the right to remove such servers from the network that violate this restriction.
Storage and Security.
You accept and agree that you will be solely responsible for taking steps to:
Prevent any damage or loss to your website or server content.
To keep archival and backup copies of your website or server content.
Assure the integrity, confidentiality, and security of all your website or server content transferred via or stored on our servers.
You accept and agree that our servers are not an archive, and you will not hold us liable for the loss or destruction of any of your content.
Hosting Services are not meant to provide a PCI or HIPAA-compliant environment, where PCI and HIPAA stand for Payment Card Industry, Health Insurance Portability and Accountability Act, respectively. Therefore, they should not be utilized or perceived as such. You agree not to use Hostkicker’s Service in any way that, in our sole discretion, impairs the functionality or operation of our services or Equipment.
Including but not limited to the use of hosting services as :
(1) a repository or device for placing or storing archived files; and/or
(2) a place to store data and files that can be downloaded through other websites.
If we detect a violation of the restrictions mentioned above, we reserve the right to suspend disk write functionality at our sole discretion temporarily. You accept and agree that we have the right to conduct a forensic examination if we suspect a compromise of your server or account.
Website/Server Content.
You will be fully responsible for providing, updating and maintaining your website or server content and all type of pages, data, and files on, within, shown, linked or transferred to, from or via your website or server, including without any limitation to image, audio, video, graphics, trade or Service mark, domain name, and Software.
You accept and agree that our support team may need to modify, alter, or erase the content of your hosted product in order to provide you with technical assistance. Your website or your server content must also include any registered domain names provided by you or registered on your behalf related to the Hosting Services.
If any Service requires access to a third-party hosting website, you warrant and represent that you have the authority to grant us access to the third-party hosting account for the purposes of this Service Agreement. You agree that you’ll be fully responsible for your third-party hosting account’s contractual, legal, and fiduciary obligations.
If you want us to install any Third-Party Software (discussed below) that isn’t included in the Hosting Services, you represent and warrant that:
You have the right to install and use the Third-Party Software.
You have paid the relevant licensing costs for the Third-Party Software.
The Third-Party Software does not and will not disobey any other person’s or entity’s intellectual property rights.
PROVISIONS SPECIFIC TO WEB HOSTING
Storage and Plan Limits.
All Web Hosting plans, including the unlimited plans, are subject to but not limited to the following: Inode count, CPU power, Entry Processes, Active Processes, amount of RAM, and Database size.
If, in case, you exceed the plan limits, you may require to reduce the number of files or database size. Therefore, your site may slow down or may not be served until resources are released or more resources are added. In addition, your site may face temporary or permanent suspension at our sole discretion.
You may add more resources at any time by upgrading the Plan. Hostkicker reserves the right to change the plan limits at any time, and such changes shall be posted on Hostkicker’s websites.
You understand and accept that inbound UDP is not supported in shared hosting.
Website or Server Content.
Your website must not possess any of the following content:
Any Scripts that allow an anonymous user to post an image for display on another website, similar to Photobucket or Tinypic;
banner ad services to be shown on other websites or devices;
Mirror scripts/file dump that allow an anonymous user to upload a file for others to download, similar to RapidShare;
any commercial audio streaming;
push-button mail scripts that permit the user to specify recipient email addresses;
any bulk SMS gateways;
Content backups from another website or computer;
BitTorrent trackers; or
Any script that impairs the performance of our server or network.
Unlimited Disk Space/Bandwidth/Website Plans.
With some plans, we offer unlimited bandwidth, unlimited disk space and websites, and we do not charge as per the amount of disk space or bandwidth you use.
All customers must, however, adhere to our Terms and Conditions and only use disc space and bandwidth for the usual operation of a personal or small company website.
If in case your service usage risks the stability, speed, data storage, networking, or uptime of our servers, in that case, you may be asked to reduce usage, upgrade your current plan, or otherwise, we may limit the resources your website is using.
Provisions specific to VPS and Dedicated Hosting
Server Access.
If you buy MS SQL or Managed Backups, you authorize us to log into your server to install and configure MS SQL or Managed Backups.
IP Addresses.
You accept and agree that you must begin utilizing at least ninety percent (90%) of the IP addresses you purchased within thirty (30) days of their assignment to you.
You accept and agree that if in case you do not begin using at least ninety percent (90%) of your allotted IP addresses within thirty (30) days, we reserve the right to reclaim any unused IP addresses.
FTP Back-Up.
We also offer an FTP Backup option for an additional payment. You accept and agree that installing and maintaining an FTP Backup may require additional downtime. You also understand and accept that if you use the FTP Backup option, you will be limited to a certain amount of disc space and bandwidth based on the plan you select. We will use commercially reasonable efforts to offer FTP Backup services twenty-four (24) hours per day, seven (7) days per week for the length of this Service Agreement, subject to the terms and conditions of this Service Agreement.
You accept and agree that the FTP Backup services may be inaccessible or inoperable at times for any reason, including, without any limitations:
Malfunctions of Equipment
Routine maintenance measures or repairs that we may conduct at times.
The causes that are beyond our control or that are unpredictable including, without limitations, interruption or failure of telecommunication, network congestion, hostile network attacks, or other failures.
Note: FTP Backup may not be obtainable on all hosting plans.
Configuration Add-Ons.
We also offer Configuration Add-Ons or multiple configurations options for additional payments.
The availability of specific configuration Add-ons depends on the hosting plan you purchased from us. However, it may include a database, a control panel, RAID or an external firewall.
You understand and agree with the following. Installing a Configuration Add-On will utilize a bit of your available storage. It may require additional provisioning time or will require us to install Third-Party Software, third-party hardware or custom software that is internally developed for your server. Also, in some cases, it may limit the use of available versions of Third Party Software with your server.
We will support all the third-Party Software, third-party hardware and internally developed customer software. If, in case, you want to cancel RAID, you’ll need to cancel your server and buy a new one.
cPanel.
If you add cPanel to your server, you accept and agree to be bound by the cPanel EULA, which is incorporated here for reference.
cPanel Fair Usage Policy:
This cPanel policy is meant to help you understand the intended uses of our Services and to keep you from abusing the unlimited capabilities available in our plans.
Our VPS and dedicated hosting with cPanel offer an unlimited number of accounts.
Although we do not want to put a restriction, a threshold of 100 accounts will be deemed normal and appropriate use as a suggestion. We compare your activity to the typical level of other users to determine how much you use.
If, in case, you go over this limit, Hostkicker may, in its sole and absolute discretion, impose additional use costs for accounts that go over the limit or prevent new accounts from being created.
Whenever possible, Hostkicker will provide notice to you of your usage over the normal use.
Service Uptime guarantee
We (Hostkicker) offer a Service uptime guarantee of 99.9% of available time each month. If in case we fail to maintain this Service Uptime Guarantee in a particular month which is solely determined by us, you may contact us to request a credit of 5% of your monthly hosting cost for that particular month.
You can use these credits only to purchase further products and services from us, which does not include any applicable taxes.
The Service Uptime Guarantee does not apply if the following reasons cause the service interruptions:
Routine scheduled repairs or maintenance we may conduct from time to time.
The Interruptions that are caused by you while coding, custom scripting, or installing third-party applications.
Outages that do not affect your website’s appearance but only affect access to your website, like email and FTP.
The causes that are beyond our control or that are unpredictable.
Outages that arise due to the reliability of specific programming environments.
Third-Party Software
Definition and Scope. As part of Hosting Services, you may be able to use certain Software, widgets, or any other applications developed or licensed by a third party.
Additional terms may apply to your usage of this software. In addition to this Service Agreement, if the Software is accompanied by or needs a licence agreement from a third-party provider, your use of the Software is subject to that licence.
Terms and Conditions Applicable to all Software
You can only use the Software as part of the Hosting Services. You are not allowed to remove, modify, or hide any copyright, trademark, or other proprietary rights notices contained in or on the Software. Also, you can not sell, modify, decompile, disassemble, re-use reverse-engineer, reverse compile, or attempt to derive the source code from the Software.
Hostkicker may supply your personal information to third-party providers if needed to provide the third-party Software. Hostkicker reserves the right to change, modify or discontinue the provision of the Software at any time.
Hostkicker does not represent or warrant about any third-party Software offered with the Hosting Services and expressly disclaims any and all liability.
You agree to indemnify, defend, and keep Hostkicker harmless from and against any and all claims imposed on or incurred by Hostkicker as a result of your use or misuse of the third-party Software, whether directly or indirectly. To enforce their rights under this Services Agreement, the suppliers of third-party Software are third-party beneficiaries of this Services Agreement.
We (Hostkicker) reserve the right to change, modify or discontinue any Third-Party Software at any time, and you accept and agree to cooperate in the same that may be required to install any updates to the Third-Party Software. The Third-Party Software is not sold or distributed to you, and you can only use the Third-Party Software as part of the Hosting Services. You are not allowed to use the Third-Party Software outside the Hosting Services. You understand and agree that your usage of Third-Party Software is governed by our agreements with the third-party providers. Furthermore, if the Third-Party Software comes with or needs permission for a service or licence agreement from the third-party provider, your use of Software is governed by that Service or licence agreement. You must not download, install or use any third-party software that requires a licence from a third party unless you agree to the terms and conditions of such Service or license agreement. You accept and agree that the third-party providers, their affiliates and suppliers do not represent or warrant any Third-Party Software offered with the Hosting Services. They disclaim any liability or damages, whether direct, indirect, or consequential, arising from using the Third-Party Software. You accept and agree that any Third-Party Software will be supported by us (Hostkicker) and not by third-party providers, their affiliates, or suppliers.
Titles and Headings; Independent covenants; severability
The titles and headings in this Domain Name Transfer Agreement are for reference only and should not be used to interpret the parties’ Agreement in any way other than as expressly stated herein.
Each covenant and Agreement in this Hosting Agreement shall be treated as a separate and independent covenant or Agreement for all reasons.
If any provision or any portion of a provision of this Agreement is found to be invalid, illegal or non-enforceable by a court of competent jurisdiction, in that case, the remaining provisions (or portions of provisions) in this Agreement will remain unaffected and will remain valid and enforceable.
Definitions; conflicts
The meanings of capitalized terms used here but not defined shall be that assigned in the Universal Terms of Service Agreement. If there is a conflict between this Agreement’s provisions and the Universal Terms of Service Agreement, the provisions of this Agreement will receive priority.
