Effective as of June 6, 2019
Thank you for using our website. We look forward to building a long lasting relationship.
This is an agreement between Zonat S.A and you, and is effective as of the date of your use of the above specified website (“Site”). It sets forth the general terms and conditions of your use of the Site and each product or service you purchase or access through this Site (each and together “Services”). Depending on the Services you have purchased certain additional provisions indicated below (“Service-Specific Provisions”) may be included and applicable. These are in addition to (not in lieu of) these general terms and, together with any referenced agreements and policies, form an integral part of this Agreement. In the event of a conflict between any particular Service-Specific Provision and any particular provision of these General Terms, the additional Service-Specific Provisions shall control.
We are a Luxembourg corporation located at: 11, rue de Bitbourg L-1273 Luxembourg. Unless otherwise indicated, “we”, “us” and “our” refer to Zonat, SA and its brands, subsidiaries and sister companies (collectively, Zonat S.A.). Our registered office is and our official details are:
|Identification number:||2003 2230 408|
We may refer to you using such terms as “you”, “your”, “customer”, or “User”. If you are acting on behalf of an entity, then “you” will refer to the entity and you represent and warrant to us that you have full authority to bind the entity to this Agreement. In any case “you” will also include any individual or entity who accepts this Agreement, uses the Site, acquires or uses Services, or acts on your behalf, whether or not authorized by you. It also includes anyone who has access to your account, which means that we will, without liability, rely on any action they take regarding your account. Please carefully guard your access credentials, including your passwords.
This Site and the Services are available only to individuals/entities who can form legally binding contracts under applicable law. By using this Site and/or Services, you are representing and warrantying to us that you are (1) at least of the age of majority; (2) able to form legally binding contracts under applicable law; and, (3) are not a person barred from purchasing or receiving Services under the laws of any applicable jurisdiction.
Your continuing to use the Site and/or any Services constitutes your acceptance of this Agreement. If you do not agree with the terms of this Agreement or any applicable Services Agreement you may not use the Site or Services.
2. YOUR ACCOUNT
You must create an Account in order to access some features of the Site or use some of the Services. You represent and warrant to us that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. You agree to notify us within five (5) business days if there has been a change in any previously provided information and your failure to do so will, at our election, be a material breach of this Agreement and we will thereafter have the absolute right, in our sole discretion, to terminate any Services and close your account. If we have reason to believe that any part of the Account information you provide is untrue, inaccurate, out-of-date or incomplete, we reserve the right, in our sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs regarding your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s), payment providers, and any password. For security purposes, we recommend that you use a secure password, change it regularly, and keep it secure and undisclosed. You must notify us immediately of any breach of security or unauthorized use of your Account. Notwithstanding your notification to us, we will not be liable for any loss you incur due to unauthorized use of your Account. You, however, may be liable for any loss us or to others as a result of unauthorized use of your Account, regardless of the manner or means used by anyone to gain unauthorized access to your Account.
4. General Rules of Conduct
4.1 You agree will use the Site and Services in compliance with this Agreement (and policies or agreements which are incorporated herein) and will not use, promote or encourage the use of the Site or Services:
A. To collect or harvest, or permit others to collect or harvest, any content, whether or not containing non-public or personally identifiable information
B. In a manner we determine is contrary to applicable laws, rules or regulations to which you or we may be bound:
C. To engage in child pornography or exploitation of children;
D. To engage in terrorism, violence against people, animals or property;
E. To engage in any spam or other unsolicited bulk email, or computer or network hacking, cracking or denial of service attack;
F. To interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization or to access at a level exceeding your authorization
G. In violation of the intellectual property rights of any person or entity;
H. To violate the privacy or publicity rights of any person or entity
I. To breach any duty of confidentiality that you owe to any person or entity.
J. To interfere with the operations of this Site or any Services; or,
K. To create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
L. To export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of any applicable jurisdiction without all required approvals, licenses and/or exemptions;
M. To disseminate or install any viruse, worm, bug, Trojan horse or other code, file, or program designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware or obtaining passwords or confidential information of any person or entity.
4.2 Activities that violate or endanger system or network security are prohibited and may result in criminal and civil liability. Examples include, without limitation, unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, forging TCP-IP packet or other header information.
4.3 You will not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any content) or enforce limitations on the use of this Site or the Services found at this Site, or any content found therein.
4.4 You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
4.5 You will not copy or distribute any part of this Site or the Services without our express written authorization.
4.6 You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
4.7 You will not re-sell or provide the Services or related technologies for a commercial purpose, without our express written authorization.
4.9 Without limiting any of the rights set forth elsewhere in this Agreement, we expressly retain the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any user who engages in (1) any inappropriate or unlawful activities while using the Site or Services or (2) any activities which, in our sole discretion, constitute a violation of this Agreement or any Services Agreement.
In the event we, in our sole discretion determine you have, directly or indirectly, violated the provisions of this Section, we may, in addition to all other remedies, suspend or terminate your access and/or Services, without refund or liability.
5. CONTENT MONITORING; TERMINATION POLICY
We typically do not pre-screen or review content you may have posted on our Site or that is posted on a website hosted using our Services. However, we do reserve the right (but undertake no duty) to do so. If we review such content we may decide (in our sole discretion) that any such content is not appropriate and/or does not comply with this Agreement. In such a case we may, again in our sole discretion, take any action deemed appropriate, including, without limitation, removing any item we deem inappropriate and/or suspending or terminating your access to this Site or to all or any specific Service (including those not related to the content at issue). If we terminate your access to this Site or any Services, we may, in our sole and absolute discretion, remove and destroy any data and files associated with the Service, including, without limitation, that stored by you on any servers. No refunds are provided if we limit, suspend or terminate your Account/Services for violations of this Agreement.
6. Storage, Backups and Security
You agree to back-up all content you publish or store using our Site or Services so that you can access and use it when needed. We do not warrant that we back-up any account or data you may publish or store using our Site or Services, and you agree to accept as a risk the loss of any and all of your content. Backup Services may be provided as a cloud based solution and your data may be stored in one or more server locations inside or outside Europe. You may subscribe to our Backup Services, in which case other terms may apply.
You are solely responsible for all acts, omissions and use undertaken and charges incurred with your account or password or in connection with the Site or any Services, including any content displayed, linked, transmitted through or stored using our Site or Services. It is your sole responsibility to:
A. prevent any loss or damage to your content;
B. maintain independent archival and backup copies of your content;
C. ensure the security, confidentiality and integrity of your account and access to any content you provide or store using our Site or Services, including content transmitted through or stored on any servers; and
D. ensure the confidentiality of your password(s).
We do not undertake to archive our Site or Services and we shall have no liability to you or any other person for loss, damage or destruction of any content you may provide, publish or store using our Site or Services. Our services are not intended to provide a PCI (Payment Card Industry) compliant environment and should not be utilized for such activities.
7. Non-exclusive License
Any content or software made available to you by way of a non-exclusive, non-transferable license for your personal use only in connection with Services you have purchased from us and only for as long as your subscription remains valid.
Any content or software, together with any copyright and other intellectual property rights embodied therein, are owned by us or by a third party from whom we have licensed same. Such content and software was not (and is not) sold nor distributed to you. We (or our licensee) reserve all rights to the software. Any license granted to you is a limited, non-exclusive, non-transferable and non-assignable license to use the software for such purposes as are ordinary and customary and consistent with the Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on any content or software. You may use the software on any single computer but may not use it on multiple computer devices simultaneously. You agree to not reverse engineer, decompile (or otherwise attempt to discover the source code), alter or modify the software. You agree you are not authorized to (and will not) combine the software with any other software program, create derivative works based upon the software and are not authorized to integrate any plug-in or enhancement which uses or relies upon the software except those we provide to you for such use. You acknowledge and agree that your use of content or software that is owned or controlled by third parties is subject to our agreement(s) with the third-party providers. If this Agreement or our Site requires or requests that you consent to any agreement with a third party regarding your use of any content or software, agree to honor any such agreement. We may provide your personal information to third-party providers as required to provide you with access to the content or software. Any software and services are provided to you “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
We may, acting at any time and in our sole discretion, modify, change or discontinue the use of any content or software operating on our Site or used in connection with any Services. In connection with any modification of software, you agree that you will faithfully cooperate in performing all steps necessary to install updates and that this Agreement (together with any third party software license agreement as to which your consent is required or requested) will continue to apply notwithstanding any update.
8. AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms of this Agreement or any applicable Services Agreement, we undertake to use commercially reasonable efforts to provide this Site and the Services on a continuous basis (24/7). However, you acknowledge and agree that this Site and applicable Services may, from time to time, be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements; or causes beyond our reasonable control or that we do not reasonably anticipate such as telecommunication or digital transmission congestion, interruptions or failures, hostile network attacks, or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we therefor assume no liability to you or any other person or entity with regard thereto.
9. Fees, Payment and Refunds
9.1 You acknowledge receipt of communications specifying the nature of any Services you have purchased and the applicable rates and charges. You agree to pay all amounts due for Services at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted in the Refund Policy , even if your services are suspended, terminated, or transferred prior to the end of the term of service.
9.2 If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchase the Services. If that date falls after the 28th of the month, then your billing date will be the 28th of each month. If you signed up for an annual (or longer) payment plan, and you elected the automatic renewal option, we will automatically renew your Services when they come up for renewal and will take payment in accordance with the designated payment method at our then current rates.
9.3 If for any reason we are unable to charge your account for the full amount owed for the Services provided, we may reduce the level or number of your Services and charge such lower amount as will be honored by your payment provider. If we are charged a penalty in connection with any attempt to charge your payment provider, you will be responsible for such charge. We may pursue all available remedies in order to obtain payment. You agree that among the remedies we may pursue in order to effect payment, shall include, without limitation, immediate cancellation (without notice to you) of any Services, including domain name registrations.
9.4 We reserve the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular services, including additional costs that it may incur in providing the services and pass these costs along to you. These include intellectual property or other claims (including UDRPs), DMCA or other take-down requests or third party complaints.
9.5 All purchases are processed in the currency stated on or Site or Services subscription when the Service is purchased. This may be GBP (£), Euros (€) or US Dollars ($) and your payment provider will be charged in the applicable official currency shown. We may provide an estimated conversion price to other currencies other than those invoiced, you acknowledge and agree that such converted pricing displayed during the checkout process is an estimate and the actual amount charged may differ from the estimated currency amount provided. We make no representation or warranty that the estimated amount shown in any other currency will be the same as the actual price charged. Other charges may also apply, such as currency conversion charges by your payment processor and VAT (based on the country indicated in your billing address. Any amounts to be charged will appear during the checkout process in the official currency due.
9.6 Although pricing is generally established based on the applicable Service, we reserve the right to differentiate pricing among our customers on any basis, acting in our sole discretion. We reserve the right to change pricing at any time and any new pricing will be posted on our Site and will be effective immediately. If you have purchased Services on a periodic subscription, any new pricing will become effective automatically upon renewal of the subscription period.
IN ORDER TO AVOID INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL WITH AUTOMATIC RENEWAL OCCURRING IMMEDIATELY AT THE END OF THE PERIOD YOU INITIALLY SELECTED WITH YOUR PURCHASE (e.g. monthly, annually). if you do not DISABLE AUTOMATIC RENEWAL, we WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND process PAYMENT FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT. it is your responsibility to ensure that your selected payment method remains current and funded.
10. Discontinued Services
10.1 We reserve the right to stop providing or to change (materially or otherwise) any of our Services at any time. We can do this for any or no reason, and without prior notice to you.
10.2 If we stop offering or providing any Service, we will attempt to notify you in advance, subject to our ability to do so. It is your responsibility to take all necessary steps to replace the terminating Service with an alternative and taking steps to ensure your content and data is secure. In any case we will either (1) migrate you or your account/Service to the most current version (or most substantially similar) Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration; (2) provide a prorated in-store credit for use to satisfy other charges, or (3) provide a prorated refund representing the unused portion of your Service.
We will not be liable to you or any third party for any modification, suspension, or discontinuance of any Services we may offer.
11. Disclaimers & Liability Limitations
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL OF OUR THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY NATURE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUIT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SITE OR SERVICES DO NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF OTHERS. NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE ANY REPRESENTATION OR WARRANTY AS TO (1) WHETHER OUR SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, FUNCTION AS INTENDED, OR THAT THE USE OF THE PROVIDED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE OR ANY WEBSITE LINKED OR OTHERWISE ACCESSIBLE FROM THE SITE OR SERVICES; (2) ANY ADVERTISEMENT PUBLISHED ON THE SITE OR VIA THE SERVICES; AND/OR (3) ACCESSABILITY OR FUNCTION OF ANY SERVICES, WHETHER LOCATED AT OUR SITE OR ANY THIRD PARTY WEBSITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY THEREFOR.
NO ORAL OR WRITTEN INFORMATION PROVIDED BY US, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
12. Limitation of Liability; Waiver and Release
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY OF OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY OR ALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL OR PROPERTY INJURY, LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;) HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LEGAL OR EQUITABLE LIABILITY, INCLUDING, WITHOUT LIMITATION, WARRANTY, CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SITE OR SERVICES, EVEN IF WE (OR THE OTHER BENEFICIARIES OF THESE PROVISIONS) ARE AWARE OF OR HAVE BEEN, DIRECTLY OR INDIRECTLY, MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU FURTHER FULLY RELEASE, REMISE, AND FOREVER DISCHARGE US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY OF OUR THIRD PARTY SERVICE PROVIDERS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIENS, DEMANDS, CAUSES OF ACTION, CONTROVERSIES, OFFSETS, OBLIGATIONS, LOSSES, DAMAGES AND LIABILITIES OF EVERY KIND AND CHARACTER WHATSOEVER INCLUDING WITHOUT LIMITATION THOSE DESCRIBED ABOVE IN THIS SECTION.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY, DIRECTLY OR INDIRECTLY, EXCEED the lesser of (A) the amount we have received from you during the past twelve (12) calendar months in connectionwith services you have purchased, or (B) $1,000.00 EUROS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF, THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless us and our officers, directors, employees, agents, and third party service providers (collectively “Indemnitees”) from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by any Indemnitee directly or indirectly arising from (A) your use of and access to this Site or any Services; (B) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; (C) your violation of any third-party right, including without limitation any intellectual property or other proprietary right; and/or (D) any violation of any law, rule or regulation in any applicable jurisdiction. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or any Services.
14. Compliance With Local Laws
We make no representation or warranty that the content available on this Site or the Services are appropriate or legally compliant in every country or jurisdiction, and access to this Site or the Services from countries or jurisdictions where the Site’s content or Services is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations and we will not be liable to you or any third party for your failure to comply with such laws, rules or regulations.
You agree that you will be responsible for notifying us should you desire to terminate your use of the Site or any of our Services. Notification of your intent to terminate must be provided no earlier than 10 days prior to your billing date but no later than three days prior to your billing date. If you terminate during your subscription period no amount will be refunded to you. Upon termination all unused credits will become and void.
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the information you have provided in connection with your account/Services.
17. Final Agreement
This Agreement, together with all regulations and policies incorporated herein, as may be modified from time to time, constitutes the complete and exclusive agreement between you and us, and supersedes and governs all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us that specifically references this Agreement and contains an express intention to amend same. For this reason you are cautioned that statements or comments that may be made to you, orally or in writing, in connection with the provision of Services, including communications from our help-desk, are not amendments and do not act to modify this Agreement.
18. No Agency Relationship
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
Any provision of this Agreement may be waived if, but only if, such waiver is in writing and is signed by the party against whom the waiver is to be effective. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Agreement shall be declared by a court of competent jurisdiction to be unenforceable or invalid under any applicable law it shall not affect or impair the validity or enforcement of any other provision of this Agreement and the offending provision shall be limited to the least extent possible to render it enforceable or otherwise give effect to the parties’ intentions
21. No Third Party Beneficiaries
Nothing in this Agreement or any rules, regulations or policies incorporated herein, shall be deemed to confer any third-party rights or benefits.
22. Successors & Assigns
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective and valid heirs, successors and assigns.
Assignment and Resale
Except as otherwise may be expressly set forth in this Agreement, you may not assign your rights or obligations and any attempt to do so (including by levy or operation of law) shall be void and without effect, and at our election constitute a breach of this Agreement. We may freely assign all or any of our rights and obligations under this Agreement without notice and without your consent.
24. Force Majeure
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labour strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any governmental authority (whether federal, state or local or any agency, division or department thereof) governments having or claiming jurisdiction over us; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all commercially reasonable steps in an effort to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, we may immediately terminate this Agreement. Force majeure events shall not apply to difficulties in your tendering payment when otherwise due.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
26. Links To Third-Party Websites
This Site and the Services may contain links to websites that we neither own nor control and we assume no responsibility (and will incur no liability) for the content, terms and conditions, privacy policies, or practices of any such websites. We encourage you to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit. By using this Site or the Services, you are expressly releasing us and our officers, directors, employees, agents, affiliates, or service providers from any and all liability arising from your use of any third-party website.
27. OTHER RIGHTS RESERVATIONS
We expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as we determine in our sole and absolute discretion), including but not limited to the following: (A) to correct mistakes we may make in offering or delivering any Services (including any domain name registration), (B) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (C) assistance in fraud/abuse detection and prevention, (D) to comply with court orders and applicable local, state, national and international laws, rules and regulations, including requests of law enforcement or subpoenas; (E) to comply with any UDRP or other dispute resolution process, (F) to defend ourselves, or our officers, directors, employees, agents, affiliates, or service providers, against any legal or equitable action (existing or threatened) and without having to determine the merits of same; (G) in connection our efforts to avoid any civil or criminal liability on the part of ourselves or our or our officers, directors, employees, agents, affiliates, or service providers; or, (H) to respond what we determine to be an excessive volume or seriousness of complaints related to you or the manner in which you are utilizing this Site, your Account or any Services.
28. Intellectual Property
Except for any content that you provide or store in connection with any Services, the content on this Site and any Services , including but not limited to, software, scripts, source code, API, text, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Zonat Content”), are owned by or licensed to us for our use, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under the laws of Luxembourg and other jurisdictions.
Any Zonat Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only in connection with the Site and Services, and may not be, directly or indirectly, downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited by you for any purposes whatsoever without our express prior written consent. Nothing in this Agreement, or in any regulations or policies incorporated herein, acts to grant to you any license under any copyright, trademark, patent, or other proprietary right or license. We reserve all rights not expressly granted in and to any Zonat Content, this Site and the Services, and this Agreement does not transfer ownership of or any license to any of these rights.
29. English Language Is Controlling
This Agreement, along with all rules, regulations and policies and any applicable agreements required for any specific Service (collectively, “Agreement”), is executed and enforceable in the English language. Any translation provided to you is for convenience purposes only, and, to the fullest extent permitted by applicable law, in the event of any conflict between the English and translated version, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (1) both language versions shall have equal validity; (2) you acknowledge that you have reviewed both language versions and agree that they are substantially the same in all material respects; and, (3) in the event of any discrepancy between the two versions, while the translated version may prevail to the extent required by law, its interpretation shall be consistent with the intent of both you and us as expressed in the English.
30. BETA SERVICES
We may, from time to time, offer new Services in a “beta” version (a pre-release version not yet available to the general public) (“Beta Services. If you opt to use any of our Beta Services, your use is subject to the additional terms and conditions set out in this Section.
All Beta Services are pre-release versions and may not work properly. Your use of the Beta Services may result in operational failures. All Beta Services are provided as-is and without any form of warranty or representation and we do not recommend using them if you cannot sustain the risks of complete loss of functionality or loss or corruption of data. We reserve the absolute right to modify, change, or discontinue all or any part of any Beta Service at any time, without notice or liability therefor. If any Beta Service is subsequently released to the general public as a Service, you assume the risk that the commercial version may have changed substantially from the Beta Service and/or that the commercial version may not be compatible with the Beta Service or any programs used in connection therewith. We may limit or eliminate customer service for any Beta Service. In exchange for your access to the Beta Service, you agree to provide feedback regarding your experience in using the Beta Services, providing such feedback in the format and detail reasonably requested by us.
You agree that we can freely your all or any part of your feedback for any purpose, including product development purposes or inclusion within publicity, press materials and marketing collateral. Any agree that any intellectual property inherent in your feedback or arising from your use of any Beta Service shall be owned exclusively by us and you hereby assign to us all rights thereto. You that any information regarding your use of any Beta Service, including your experience with and opinions regarding the Beta Service(s), is confidential, and that although we may disclose same, you may not do so other than providing us with the feedback. Any Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, we disclaim any and all warranties, statutory, express or implied, with respect to any Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
31. Contact Information
For any questions about this Agreement, please contact us by email or regular mail at the following address:
Zonat, SA – Legal Department
11 Rue de Bitbourg, L-1273 Luxembourg
Our DMCA agent is registered with the United States Copyright Offices and such other locations as may be required.
Our Data Control agent is, if required, registered with the appropriate authorities of the Luxembourg government and/or such other locations as may be required.
32. Third Party Content
If you elect to sell or resell advertising or web space to a third party then you are responsible for the contents of that advertising and the actions of that third party. You may not sell, resell advertising or web space representing more than 20% of any webpage. You may not, directly or indirectly, sell or resell advertising or web space if the effective result (in our sole discretion) is that you are reselling any of our Services. If we determine in our discretion that you are engaging in such prohibited activities, we may suspend or close your Account and/or Services or require that you agree to and abide by our Reseller Agreement which can be found HERE, the terms of which are incorporated by reference into this Agreement.
We have the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of this Agreement, any policy or regulation, or any applicable law. Such violation may result in the suspension or in the immediate termination of your account. You are responsible for monitoring all of your domain transfers, renewals and orders. In the event that an error occurs you must notify us immediately of the error. In no event shall we be liable to you for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal. Other provisions of this Agreement, including warranty and liability limitations.
33. Governing Law
Any and all contractual agreements between us and you are exclusively governed by and construed in accordance with the laws of the country of Luxembourg, exclusive of the conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods.
34. Additional Terms For German Customers Only
Any and all contractual agreements between us and you (with you meaning our commercial contract partner “Entrepreneur” in the meaning of section 14 German Civil Code) are exclusively governed by and construed in accordance with the laws of the country of Luxembourg, exclusive of the conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods.
CONSUMERS (ACCORDING TO §13 BGB) HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN FOURTEEN DAYS WITHOUT GIVING A REASON. THE REVOCATION PERIOD IS FOURTEEN DAYS FROM THE DATE OF THE CONTRACT. IN ORDER TO EXERCISE YOUR RIGHT OF WITHDRAWAL, YOU MUST INFORM
Zonat, SA – Legal Department
11 Rue de Bitbourg, L-1273 Luxembourg
BY MEANS OF A CLEAR STATEMENT (E.G. A LETTER SENT BY POST, FAX OR E-MAIL) ABOUT YOUR DECISION TO WITHDRAW FROM THIS CONTRACT. YOU CAN USE THE FOLLOWING TEMPLATE (NOT REQUIRED):
TO ZONAT, SA: LEGAL@ZONAT.LU
I, [state full name] HEREBY REVOKES THE CONTRACT ENTERED INTO WITH ZONAT, SA BY [state full name of customer] REGARDING THE FOLLOWING SERVICE(S)
SERVICE ORDERED: _________________________
DATE OF ORDER: _________________________
FULL NAME OF THE CONSUMER(S): _________________________
ADDRESS OF THE CONSUMER(S): _________________________
SIGNATURE OF THE CONSUMER(S)
TO COMPLY WITH THE WITHDRAWAL PERIOD, IT IS SUFFICIENT FOR YOU TO SEND THE NOTICE TO EXERCISE THE RIGHT OF REFUSAL BEFORE EXPIRY OF THE WITHDRAWAL PERIOD.
IF YOU WITHDRAW FROM THIS AGREEMENT, WE SHALL REIMBURSE YOU ALL PAYMENTS WE HAVE RECEIVED FROM YOU, INCLUDING DELIVERY CHARGES (EXCEPT FOR THE ADDITIONAL COSTS ARISING FROM CHOOSING A NON-STANDARD DELIVERY METHOD) WITHIN FOURTEEN DAYS FROM THE DATE ON WHICH WE HAVE ACTUALLY RECEIVED THE NOTIFICATION OF YOUR REVOCATION OF THIS CONTRACT. REPAYMENT WILL BE AFFECTED USING THE SAME FORM OF PAYMENT THAT YOU USED IN THE ORIGINAL TRANSACTION.
IF YOU HAVE REQUESTED THAT WE COMMENCED RENDERING OUR SERVICES BEFORE THE END OF THE PERIOD TO WITHDRAW, WE RESERVE THE RIGHT TO CHARGE A REASONABLE AMOUNT EQUAL TO THE PROPORTION OF SERVICES ALREADY PROVIDED AT THE TIME OF REVOCATION.
The following Service-Specific Provisions are incorporated in and form a part of our Agreement.