Terms of Service

Static Data Hosting Registration Agreement

This Registration Agreement (“Agreement”) sets forth the terms and conditions of your use of domain name registration and related services (“Services”). In this Agreement “you” and “your” refer to you or any agent, employee, servant or person authorized to act on your behalf, and the registrant listed in the WHOIS contact information for the domain name. “We”, “us” and “our” refer to Static Data Hosting, as well as its subsidiaries and sister companies (“Static Data Hosting”). This Agreement explains our obligations to you, and explains your obligations to us for various services offered by Static Data Hosting. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Static Data Hosting service(s) or products or to cancel your Static Data Hosting service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions.

The agreement applies to each individual service, and canceling a domain name will result in the termination of the Registration Agreement solely related to the domain name in question.

1. You agree to this agreement and the referenced agreements.

By using the service(s) provided by Static Data Hosting under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any pertinent rules or policies that are or may be published by Static Data Hosting, the Uniform Dispute Resolution Policy (“UDRP”) described below, and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by Internet Corporation of Assigned Names and Numbers (“ICANN”), the registries, and governments.

If you are registering a domain name in the following registries: .AC, .AI, .AU, .BZ, .CA, .CC, .CH, .CM, .CN, .CO, .CX, .DE, .ES, .EU, .FM, .FR, .GG, .ID, .IN, .IO, .LA, .LI, .ME, .MX, .NU, .PE, .PW, .SE, .SG, .SH, .TV, .UK, .US, .VC. .WS, you are also agreeing to the additional terms and requirements promulgated by and pertaining to each such registry, as set out in the Supplemental Agreement and the specific agreements and/or covenants referenced therein and incorporated into this Agreement.

If you are registering a domain name with the .LAW registry, you are also agreeing that you are reviewed and meet the registries criteria which may be found here and the registries additional terms, which may be found here. You further acknowledge that you understand and agree that registration for these TLDs may include verification that you meet the TLDs criteria and that the verification may be conducted by a third party chosen solely by the registry. Should the registry incur additional costs in order to verify that you meet the stated criteria, you acknowledge and agree that these costs may be passed onto you.Lastly, when you register a .LAW domain name, you agree to the following statement for each registration “I certify, on behalf of myself and/or the registrant, that the registrant is qualified to register the domain and that all information is true and accurate.” Additional information regarding the TLD may be found here.

• If you are protected by the Whois privacy protection services, you also agree to the Whois Privacy Service agreement.
• If you are ordering an SSL certificate, you also agree to the SSL Service Agreement.
• If you are enrolling in the Static Data Hosting Affiliate Program, you also agree to the Affiliate Program Service Agreement.

2. Changes to agreement.

This Agreement will change over time in response to changes in the requirements of governments and administrative bodies, legislation and changes in the nature of industry. If, as a result of such a change to this Agreement, you no longer agree with its term, you agree that your exclusive remedy is to transfer your domain name registration services to another registrar or request Static Data Hosting to cancel your domain name registration and/or related Services. Should you elect to cancel the Agreement with Static Data Hosting, you will not receive a refund for any fees you may have paid to Static Data Hosting. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes. You agree to review this Agreement periodically to make yourself aware of any such revisions.

3. Term.

The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through Static Data Hosting or as long as you are employing any Service(s). You agree that you will not transfer any domain name registered through Static Data Hosting to another domain name registrar during the first sixty (60) calendar days from its initial registration date.

4. Service(s) provided at will, termination of service(s) and reinstatement fees.

Static Data Hosting Rights. We may reject your domain name registration application or elect to discontinue providing Service(s) to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, we may terminate or suspend the Service(s) at any time for cause, which, without limitation, includes registration of prohibited domain name(s), abuse of the Services, payment irregularities, material allegations of illegal conduct, or if your use of the Services involves us in a violation of any Internet Service Provider’s (“ISP’s”) acceptable use policies, including the transmission of unsolicited bulk email in violation of the law.

The agreement applies to each individual service, and canceling a domain name will result in the termination of the Registration Agreement solely related to the domain name in question.

You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option.

You agree that, If we have grounds to terminate or suspend Service(s) with respect to one domain name or in relation to other Service(s) provided through your account, we may terminate or suspend all Service(s) provided through your account, including Service(s) to other domain names maintained by you with us. No fee refund will be made when there is a suspension or termination of Service(s) for cause.

Registry / ICANN Rights. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation, redirect or transfer by any ICANN procedure, registrar, and/or registry decision or policy, in each party’s sole and unlimited discretion. This includes the right to: 1) deny, cancel, redirect or transfer any registration or transaction; 2) place any domain name(s) on registry lock, hold or similar status, as it deems necessary; 3) to correct mistakes by Us, another registrar or the registry administrator in administering the domain name; 4) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs); 5) to protect against imminent and substantial threats to the security and stability of the registry TLD, System, registry nameserver operations or the internet; 6) to ensure compliance with applicable law, government rules or regulations, or pursuant to any legal order or subpoena of any government, administrative or governmental authority, or court of competent jurisdiction; 7) for the resolution of disputes concerning the domain name; and/or 8) to stop or prevent any violations of any terms and conditions of this Agreement, the operational requirements of Us or a registry, or pursuant to a Registry Agreement with ICANN.

You agree that your failure to comply completely with the terms and conditions of this agreement and any Static Data Hosting rule or policy may be considered by Static Data Hosting to be a material breach of this agreement.

You agree that Static Data Hosting and/or an applicable registry may, in its sole discretion and without liability to you, refuse to accept the registration of any domain name and/or may delete the registration of any domain name during the first five (5) days after registration has taken place.

Domain Reinstatement Fees. You understand and agree that Static Data Hosting and/or registries may charge fees related to reinstating a domain, including reinstatement after failure to renew or suspension. In order to effect a reinstatement request by you, you agree to pay fees charged by a registry related to such reinstatement and reasonable fees that may be charged by Static Data Hosting. NOTE: Not all registries list their applicable fees for domain reinstatement within their domain registration agreements and/or terms of service. Nonetheless, you acknowledge and agree to pay registry fees, as determined in their sole discretion, in order to reinstate a domain. You further acknowledge that Static Data Hosting has no control over a registry’s determination of fees.

5. Our Services.

• Domain name registration.

We are an accredited registrar with the Internet Corporation for Assigned Names and Numbers (“ICANN”) for Top Level Domain Names (“TLDs”) (such as .com, .net, .org, etc.). ICANN oversees registrations and other aspects of the TLDs. Domain name registrations are not effective until the registry administrator puts them into effect. Domain name registrations are only for limited terms, terms which end on the expiration date. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry; for domain names registrations which were not returned to the available namespace, the term begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry. You agree that we are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration (our limitation of liability is explained further, below). You further agree that domain name registration is a service, that domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that domain name registration services do not create a property interest.

• After market domain names.

We offer for sale domain names that are registered to third parties (also known as aftermarket domain names) in a variety of top level domain names (“TLDs”) (“After Market Domain Name(s)”). All After Market Domain Name registrations are offered on a first come, first served basis. If you are the first to complete an After Market Domain Name registration application for a particular domain name, including payment of the purchase price we designate, we will initiate a transfer of the relevant After Market Domain Name to your Account. If the After Market Domain Name is at another domain registrar at the time of your purchase, we will transfer your purchased After Market Domain Name to us at no cost to you and will add one year to the existing registration period, excluding domains with .ai TLD. The .ai registry charges a mandatory fee for all .ai transfers. This fee is not imposed by Static Data Hosting. It will be listed as the price, at the time of placing a transfer order. Any subsequent renewals of the After Market Domain Name will be charged at the then-current renewal fee. Once you submit your order for an After Market Domain Name, you have entered into a valid, binding and enforceable contract to pay the designated purchase price for the After Market Domain Name. Because we are selling After Market Domain Names initially registered to third parties, we have no control and make no representations regarding the accuracy or legality of domain names advertised, the accuracy or legality of any domain name listing, or the right and the ability of the third party seller to transfer the After Market Domain Name or complete the transaction. We do not control whether or not third party sellers will complete a transaction. We reserve the right to reject or cancel your After Market Domain Name registration for any reason including, but not limited to, any pricing errors. In the event your After Market Domain Name registration is rejected or cancelled by us, for any reason, we will refund in full the amount of the purchase price for the After Market Domain Name as your sole remedy.Once the After Market Domain Name is transferred into your Account, such After Market Domain Name may not be transferred away from us to another registrar during the first 60 days following the transfer, during which time the After Market Domain Name may be placed on transfer lock. All of your obligations under this Agreement which apply to the registration or renewal of domain name(s) created by you apply to any After Market Domain Name(s) acquired by you, including but not limited to prohibition against any Illegal Uses.

6. Agreement not to use “services” for improper purpose and prohibited activities.

You agree not to use the Services provided by Static Data Hosting, or to allow or enable others, to use the services provided by Static Data Hosting for illegal or improper purposes. As such, you agree not to:

• violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulation;
• transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing;
• cause repetitive, high volume inquiries into any of the services provided by Static Data Hosting (i.e. domain name availability, etc.);
• infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third-party information;
• use the Services for content that will profess hatred for particular social, ethnical, religious or other groups;
• use the Services to distribute viruses, malware, abusively operating botnets, phishing, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property;
• contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software;
• redirect to another website without their permission and/or to impersonate another person or company;
• use for the purposes of impersonating another person or entity such as redirecting a domain to another website without permission and/or using a domain to send fraudulent or abusive emails;
• use the Services in a manner that is violent or encourages violence;
• violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription;
• use the Services for fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law.

You agree that Static Data Hosting reserves the right to suspend and/or delete your registered name as a consequence of engaging in activity contrary to applicable law and any related procedures.

Further, if you are hosting your domain’s domain name servers (“DNS”) on Static Data Hosting’s servers, or are using our systems to forward a domain, URL, or otherwise to a system or site hosted elsewhere, or if you have your domain name registered with Static Data Hosting, you are responsible for ensuring that there is no excessive overloading of Static Data Hosting’s DNS systems. You may not use Static Data Hosting’s servers and your domain as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that Static Data Hosting reserves the right to deactivate your domain name from its DNS system if Static Data Hosting deems it is the recipient of activities caused by your site that threaten the stability of its network.

7. Your obligations related to health and/or financial data.

You agree that if you collect and/or maintain sensitive health and/or financial data, you will comply with all applicable laws on the provision of such services, including security measures applicable to that sector.

8. Your obligations to ensure entitlement to use domain name.

Without limitation, the following are not included in the Services: We cannot and do not check to see whether the domain name(s) you select, or the use you make of the domain name(s), or other of the Service(s), infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use infringes legal rights of others. We might be ordered by a court to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. We will comply with court orders unless you contact us to contest the order.

9. Threatened legal action(s).

If we are sued or threatened with a lawsuit, an administrative proceeding or any other legal or administrative proceeding in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney’s fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of three (3) months from deposit or the conclusion of the matter.

10. Dispute resolution policy.

You agree to the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Rules for Uniform Domain Name Dispute Resolution Policy (“UDRP Rules”), copies of which are available at http://www.icann.org/dndr/udrp/policy.htm and https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en. You agree that the UDRP may be changed by ICANN (or ICANN’s successor) at any time and that such a change will be binding upon you. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.

11. Fees and payments.

As consideration for the Service(s), renewal of the Service(s), and, if you select it, automatic renewal of the Service(s), you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. Non-standard domains have non-uniform renewal registration pricing, such that the registration fee for a domain name registration renewal may differ from other domain names in the same TLD (e.g. renewal registration for one domain may be $100.00 and $25.00 for a different domain name). All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement or the Static Data Hosting Refund Policy specifically provides for a refund. You may pay for Services by providing a valid credit or debit card, an electronic check (from your personal or business checking account, as appropriate), PayPal, Bitcoin, or any other payment method then accepted by Static Data Hosting (each, a “Payment Method”); provided, however, that we may at our option require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another. Static Data Hosting expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online on the Static Data Hosting website and effective immediately without need for further notice to you. If you have purchased the Service(s) for a period of months or years, changes or modifications in prices and fees shall be effective when the Service(s) in question come up for renewal as further described below. For our current fee structure, you may access the schedule of fees available on the Static Data Hosting website. In the event of a refund, Static Data Hosting will issue you a refund receipt to confirm its submission of your refund to the Payment Method charged at the time of the original purchase. You acknowledge and agree that the associated payment provider and/or individual issuing bank establish and regulate the time frames for posting your refund. Refund posting time frames may range from five (5) business days to a full billing cycle. If Static Data Hosting is for any reason unable to charge your chosen Payment Method for the full amount owed for the Services provided, or if Static Data Hosting is charged a penalty for any fee previously charged to your Payment Method, you agree that Static Data Hosting may pursue all available lawful remedies in order to obtain payment. You agree that the remedies Static Data Hosting may pursue in order to effect payment shall include, but not be limited to, suspension of Services, cancellation of domain names registered through our Services, and/or suspension of access to any and all accounts you have with us and/or your Primary Service Provider; and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our systems shall be assumed by us in satisfaction of any indebtedness by you to us. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our reinstatement fee, currently set at $200 (US Dollars). Charges for the Service(s) will be billed to your chosen Payment Method as charges for “SDHSERVERS.COM.” Static Data Hosting also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks Static Data Hosting may perform outside the normal scope of its Services, (ii) additional time and/or costs Static Data Hosting may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Static Data Hosting in its sole and absolute discretion). Typical scenarios include, but are not limited to, customer service issues that require additional personal time or attention, fees incurred by third-party payment providers such as PayPal, fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a Payment Method processor, and disputes that require accounting or legal services. These administrative fees or processing fees will be billed to the Payment Method you have on file with Static Data Hosting.

12. Payment.

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s), you agree that we may suspend access to any and all accounts you have with us and/or your Primary Service Provider and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our systems shall be assumed by us in satisfaction of any indebtedness by you to us. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our reinstatement fee, currently set at $200 (US Dollars). Charges for the Service(s) which use our credit card payment processor will be identified on your credit card statement as “SDHSERVERS.COM”.

13. Expiration and renewal of service(s) and notifications of expiration.

You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. However, ICANN requires, pursuant to its Expired Registration Recovery Policy (“ERRP”) that Static Data Hosting follow certain procedures to notify you in advance that renewal fees are due. Pursuant to the ERRP, Static Data Hosting will notify the registered name holder of the expiring domain name twice before the expiration date, once approximately one month before the subject domain’s expiration date and again approximately one week before the subject domain’s expiration date. Static Data Hosting’s renewal reminder will consist of an email message sent to the registered domain holder’s email address as it is listed in the expiring domain’s whois record. Further, Static Data Hosting reserves the option, but not the obligation, to send additional renewal reminder notices to any other email addresses associated with the expiring domain, including, but not limited to, the email address of the expiring domain’s account holder or the billing contact of the expiring domain’s whois record. Static Data Hosting also reserves the option, but not the obligation, to send additional renewal reminders at times other than the times required by the ERRP.

Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided you have sufficient balance in your Static Data Hosting account and/ your credit card is up to date. You acknowledge and agree that, while we are not required to, we may contact you with a request to update your account information in the event that an attempted transaction is not processed successfully.

You acknowledge that it is your responsibility to keep your billing information up to date. You acknowledge and understand that, as part of its management of user registrations, Static Data Hosting sends out periodic notices to registrants apprising them of payment deadlines, pending expiration deadlines and other important information affecting your account and, specifically, registration of domain names.

Specifically, any notifications regarding domain registrations, including but not limited to notifications consisting of pre-expiration and post-expiration notifications concerning your registered domains will be sent to you pursuant to ICANN’s policies, including, but not limited to, the ERRP. Where appropriate, Static Data Hosting will send such notices to the e-mail address of the subject domain’s registered domain holder, the e-mail address you provided as your contact information in connection with your account associated with the subject domain, and/or any other email address that Static Data Hosting determines, in its sole discretion, to be sufficiently related to the subject domain to warrant notice.

You therefore acknowledge and agree that it is your responsibility to provide and maintain accurate account information and domain name whois information, as more fully addressed in Paragraph 14 below, so that Static Data Hosting may provide you with important notices regarding your account.

14. Accurate account contact information and domain name whois information.

As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s) for all domains purchased through Static Data Hosting. You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), Static Data Hosting requires that you must submit the following for both gTLDs and ccTLDs: name, postal address, e-mail address, voice telephone number, and, if available, fax number. For residents in countries subject to GDPR, this means that by registering domains with Static Data Hosting, you have provided contractual consent to collect and process this information. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed. In the event the lack of accurate/current contact information results in the loss, cancellation or transfer of the domain name(s) associated with your account, you agree that you shall not hold Static Data Hosting liable for any such loss or any damages associated with the loss. Not providing requested information may prevent you from obtaining all Service(s). You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name.

You agree to notify Static Data Hosting within five (5) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Static Data Hosting with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Static Data Hosting to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement. You agree to retain a copy for your record of the receipt for purchase of your domain name or Services.

You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator. As required by ICANN, this information may also be required to be made publicly available by means of Whois and/or the registry operator may also be required to make this information publicly available by Whois. In addition, you acknowledge and agree that certain registries require this information be made publicly available even to those residents in the EEA who are subject to GDPR. This includes but is not limited to the following ccTLDs: .asia, .ca, .cn, .uk, .co.uk, .de, .eu, .in, .id, .me.uk, .nu, .li, .ch, .fr, .sg, .com.sg, .org.uk, .us, .es, .com.es, .nom.es, .org.es, .com.au, .net.au, .paris, .vote, .voto, .xn--3ds443g, .nyc, .org.au. EEA residents who are eligible for and register domains that do not allow for privacy services explicitly agree to the publication of their personal information.

Both Static Data Hosting and the registry operator may be required to archive this information with a third party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party’s consent to such disclosure.

15. Account Review, Data Modification or Deletion.

To access, view, update, delete or download data associated with your domain name registration, you must be signed into your account. If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements. In some cases, when data is necessary for the provisioning of service, deletion of data may cancel or suspend the services you have purchased. If you have difficulty accessing your data, modifying it, or deleting it, you may request assistance by contacting our support team.

16. Obligations and representations relating to the account and whois contact information.

Registering a domain for a third party. In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, you represent that you (a) are authorized by the individual(s) to act as an agent on their behalf for this purpose; (b) have provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (c) that you have obtained the third party’s express consent to the disclosure and use of that party’s information as set forth in this Agreement. For clarity, this includes all third parties who are listed in Whois as Registrant, Administrative and/or Technical contacts. And, it includes where a Registrant lists third parties as Administrative and/or Technical contacts.

Further, when registering a domain name on behalf of a third party, you agree to inform any customer of yours, who may be acquiring a domain name through you using Static Data Hosting’s registration services, that they are in fact registering their domain name through Static Data Hosting and that Static Data Hosting or its provider is an accredited registrar with ICANN. You agree not to represent that you are an ICANN accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your web site. By registering a domain name or applying for other Service(s) you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. As indicated elsewhere in this Agreement, you understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), you may lose your rights to the domain name(s) or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction therewith.

CONSENT TO PUBLICLY DISPLAY WHOIS INFORMATION. Static Data Hosting, BY DEFAULT, PROVIDES PRIVACY PROTECTION FOR THE FULL SET OF WHOIS INFORMATION, WHICH INCLUDES REGISTRANT, ADMINISTRATIVE AND TECHNICAL CONTACTS. IF YOU MANAGE A DOMAIN WHERE THERE IS THIRD PARTY INFORMATION IN WHOIS AND/OR YOU ARE A REGISTRANT WHO HAS THIRD PARTIES AS ADMINISTRATIVE/TECHNICAL CONTACTS, YOU UNDERSTAND AND ATTEST THAT YOU ARE AUTHORIZED BY THESE THIRD PARTIES TO PROVIDE EXPLICIT CONSENT ON THEIR BEHALF. IN ADDITION, YOU ACKNOWLEDGE THAT WHEN YOU DISABLE WHOIS PRIVACY SERVICE YOU ARE PROVIDING EXPLICIT CONSENT ON BEHALF OF ALL CONTACTS LISTED IN THE RELEVANT WHOIS TO PUBLICLY SHARE THEIR PII. IN ADDITION, AS IT RELATES TO THE GDPR, YOU ACKNOWLEDGE THAT YOU ARE THE CONTROLLER REGARDING FOR THIS ACTION AND RESPONSIBLE FOR ALL / ANY RELATED AND REQUIRED CONSENTS.

17. Account Security.

Please safeguard your account access credentials (including but not limited to your customer username/login, support pin code, password) from any unauthorized use. You agree that any person in possession of your account login identifier and password will have the ability and your authorization to modify your account and domain name information. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. You agree that, if we take reasonable precautions in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact us alleging that a third party has unauthorized access to your account or domain names, you agree that we may charge you administrative fees of $50 (US dollars) per hour for our time spent in relation to the matter, regardless of whether or not we return control over the account and/or domain names to you.

18. Transfers of domain names.

You agree that transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a “Registrar Lock” on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed. To transfer your domain name(s) you should first login to your account to lock or unlock your domain name(s) and/or to obtain the EPP “AuthCode” which is required to transfer domain services in an EPP registry (such as .org). Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 calendar days of initial registration, within 60 calendar days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.

19. Privacy Policy.

You agree and consent that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at https://www.icann.org/resources/pages/registrars/consensus-policies/wmrp-en, https://www.icann.org/resources/pages/registrars/consensus-policies/wdrp-en, and elsewhere on the ICANN website at https://www.icann.org. You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws. One of the ways that we may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us. We reserve the right to discontinue providing bulk WHOIS data access to third parties. You agree that, to the extent permitted by ICANN policies and regulations, Static Data Hosting may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names you agree to provide any individuals whose personal information you’ve obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

20. Ownership of information and data.

You agree and acknowledge that we own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.

21. Agents.

You may modify the domain registration information from time to time in such a way which may constitute a “Change of Registrant” under ICANN’s transfer policy (the “Transfer Policy”). In such a case, you explicitly opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed under the Transfer Policy due to any such Change of Registrant. In addition, you explicitly authorize us and/or the registrar of record to act as its “Designated Agent” (as defined in the Transfer Policy) to approve each “Change of Registrant” (as defined in the Transfer Policy) on its behalf. Such approval will happen automatically and, thereafter, the appropriate notices sent.

You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full and accurate contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration and for ensuring non-infringement of any third party intellectual property rights or other rights.

22. Use of free services.

In consideration for providing additional optional Services for which we do not charge an additional fee, including, but not limited to, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other services which we may introduce from time to time but for which there is not a separate fee (“Free Services”), you agree that, if you use such Free Services, we may display advertising in conjunction therewith through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, appendices to emails, or other similar advertising means, and that we may aggregate related usage data by means of cookies and other similar means. You agree that from time to time we may provide you with free or low-cost domain name(s) services (“Promotional Name(s)”). If we do so, the services for the Promotional Name(s) will be placed in the same account as your other domain name(s) and you will be listed as the registrant, though we may point the Promotional Name to IP address(es)of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and agree to the terms of this Agreement with respect to such Promotional Name(s). If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and we will be listed as the domain name registrant. Alternatively, you may contact us or your Primary Service Provider to request that we delete the Promotional Name from the namespace. For any domain name services, including these Promotional Names, for which you are listed as registrant but for which you do not pay the registration or renewal fee, you agree that we may assign name-servers to the domain name and point the domain name to IP address(es) designated by us until the registration or renewal fee is paid.

23. After expiration of the term of a domain name registration.

Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.

Reactivation Period Process. You acknowledge and agree that timely renewal of your domain name(s) is your sole responsibility and you assume all risks and consequences related thereto if you do not renew your domain(s) prior to expiration of its original term. We may, but are not obligated, to offer a period of time, the “Reactivation Period”, where you can renew an expired domain. You acknowledge and agree that offering a Reactivation Period is in our sole discretion and that we shall not be liable for any reason should we choose not to offer such period. If offered, the Reactivation Period exists for approximately 30 days after expiration of the term of domain name registration services and may involve additional fees which we and your Primary Service Provider may determine. You acknowledge and agree that, during this time and any time thereafter, we may make expired domain name services(s) available to third parties, that we may auction off the rights to expired domain name services, and/or that expired domain name registration services may be re-registered to any party at any time.

After the Reactivation Period, you agree that we may either (i) discontinue and delete the domain name registration services, (ii) pay the registry’s registration fee or otherwise provide for the registration services to be continued, with no rights to you or, (iii) or auction, sell or otherwise transfer the domain name services to a third party and transfer the domain name registration services to such third party.

In the case of (i), above, you acknowledge that certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the “Redemption Grace Period” (“RGP”) and that we bear no liability should we decide not to participate. If available, RGP typically ends between 30 and 42 days after the end of the Reactivation Period of the domain name services. RGP fees can vary by TLDs. The total cost is calculated by adding the redemption fee to the renewal price. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued.

In the case of (ii), above, you acknowledge that we may then set the name-servers and the DNS settings for the domain name services, that we set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and you acknowledge that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. You acknowledge that you have no right in any of the proceeds for such advertisements, if any, we may earn as a result. During this time, we may or may not offer said domain for auction and/or sale to a third party. Your rights, if any, to redeem an expired domain exist within the defined Reactivation Period as outlined above and the limited additional rights as outlined for domains auctioned within 30 days of expiration. You further agree that we are not obliged to contact you to alert you that the domain name registration services are being continued.

In the case of (iii), above, where there is a successful auction bid for the domain within the first 30 days post expiration, you have up to these same 30 days post expiration to recover the domain. Otherwise, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You agree that we are not obliged to contact you to alert you that the domain name registration services are or were auctioned. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result of such an auction.

You acknowledge that you have read, understood and agreed to these post-expiration rights as your sole remedies for renewal of expired domains. If you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services with no liability to us.

24. LIMITATION OF LIABILITY.

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

25. Indemnity and defense.

With respect to ICANN, the registry operators, and Static Data Hosting, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. Moreover, should we be forced to defend ourselves in any action or legal proceeding in connection with any Service(s) provided to you, you shall have sole responsibility to defend us against any such claim by the legal counsel of our choosing. This indemnification is in addition to any indemnification required under the UDRP. The terms of this paragraph will survive any termination or cancellation of this Agreement.

26. Indemnification of registry operators.

You further agree to indemnify, defend and hold harmless all applicable registry administrator(s) (including Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties’ directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, the domain name registration services you are obtaining from us. You acknowledge and agree that this clause survives the termination or expiration of this Registration Agreement.

27. REPRESENTATIONS AND WARRANTIES.

YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRAR, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

28. Right To Transfer Your Domain(s) As Part of Bulk / Partial Bulk Transfer.

Static Data Hosting reserves the right to sell all or part of its domain portfolio as a registrar. Upon such sale, You agree that Static Data Hosting may transfer your domain(s) as part of a bulk or partial bulk transfer to the acquiring registrar.

You also agree that, where Static Data Hosting is a reseller and makes an acquisition in whole or in part of another registrars TLD portfolio that is the registrar of record for Your domain(s), Static Data Hosting has the right to transfer Your domain(s) from said registrar to Static Data Hosting’s registrar credentials as part of a bulk or partial bulk transfer.

29. Governing law and jurisdiction for disputes.

Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Philippines. You agree that any action brought by you to enforce this Agreement or any matter brought by you and which is against or involves us and which relates to your use of the Services shall be brought exclusively in the Cebu City District Court of Philippines, or if there is no jurisdiction in such court, then in a Regional Trial Court of Cebu, Philippines. You consent to the personal and subject matter jurisdiction of any state or Federal court in Cebu, Philippines in relation to any dispute between you and us under this Agreement. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or domain name WHOIS information.

Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you shall submit without objection, without prejudice to other potentially applicable jurisdictions, to the subject matter and personal jurisdiction of the courts (i) of the domicile of the registrant as it appears in the public WHOIS record for the domain name(s) in controversy, and (ii) where we are located, currently those State or federal courts whose geographic districts include Cebu City, Philippines.

YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

30. Notices.

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 account and/or domain name WHOIS information you have provided.

31. Final Agreement.

This Agreement, the referenced agreements, the ICANN Policy and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications, subject to the terms set out in Section 2 above. 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.

32. 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.

33. Waiver.

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.

Terms of Service (TOS)

These Terms of Service (the “Agreement”) set forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to Static Data Hosting, as well as its subsidiaries and sister companies (“Static Data Hosting”). This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by Static Data Hosting (“Services”). When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement.

1. Term of Agreement; Modification

You agree that Static Data Hosting may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes Static Data Hosting may reasonably make to this Agreement when such changes are made. If You have purchased Services from Static Data Hosting, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.

2. Accurate Information

You agree to maintain accurate information by providing updates to Static Data Hosting, as needed, while You are using the Services. You agree You will notify Static Data Hosting within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Static Data Hosting to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Static Data Hosting has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Static Data Hosting has the absolute right, in its sole discretion, to terminate its Services and close Your account.

3. Privacy

Static Data Hosting ‘s Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and Static Data Hosting ‘s responsibilities with regard to Your personal information. Static Data Hosting will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that Static Data Hosting, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. Static Data Hosting will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to Static Data Hosting as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to Static Data Hosting in the future. Static Data Hosting is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.

4. Accepted Use Policy

Static Data Hosting’s Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:

• not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
• not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
• not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
• not to make, attempt or allow any unauthorized access to Static Data Hosting website, servers, your own hosting account or the account of any other customers of Static Data Hosting.
• not to allow any remote code execution of malicious software through the hosting account provided by Static Data Hosting.
• not to cause denial of service attacks, port scans or other endangering and invasive procedures against Static Data Hosting servers and facilities or the servers and facilities of other network hosts or Internet users.
• not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
• not to use Static Data Hosting services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
• not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
• not to engage in or to instigate actions that cause harm to Static Data Hosting or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Static Data Hosting reserves the right to refuse service to anyone upon Our discretion. Any material that in Static Data Hosting judgment, is either obscene or threatening is strictly prohibited and will be removed from Static Data Hosting servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Static Data Hosting will take corrective action upon our own discretion and will notify You. Static Data Hosting decision in such case is binding and final, and cannot be a subject of a further change. Static Data Hosting cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Static Data Hosting or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Static Data Hosting will not be liable for any loss or damages in such cases.
• not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.

At its discretion, Static Data Hosting reserves the right to investigate the use of its services for violations of its policies. This includes all hosting packages and services. Static Data Hosting further reserves the right to remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

5. Storage and Security

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Static Data Hosting servers; and (iv) ensure the confidentiality of Your password. Static Data Hosting services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Static Data Hosting shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Static Data Hosting are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Static Data Hosting shall have no liability to You or any other person for Your use of Static Data Hosting products and/or services in violation of these terms.

6. Ownership

Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by Static Data Hosting or its third party partners, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by Static Data Hosting and all right, title and interest in and to each such Derivative Work shall automatically vest in Static Data Hosting. Static Data Hosting shall have no obligation to grant You any right in any such Derivative Work.

7. Non-Exclusive Right To Use

If You have purchased and/or been given permission to use software from Static Data Hosting, Static Data Hosting grants You a limited, non-exclusive, nontransferable and non-assignable right and ability to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Static Data Hosting reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of Static Data Hosting. The source code and its organization are the exclusive property of Static Data Hosting and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by Static Data Hosting.

Any such 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.

8. Third-Party Software

Static Data Hosting provides some third-party software to You for easier account management including, but is not limited to cPanel, etc. Such software is provided on an “as is” as available basis. We do not guarantee that any specific results can be obtained by using such software. Static Data Hosting does not take responsibility for any faults in such software functioning.

By using Static Data Hosting Services that include such third-party software, you specifically agree to the relevant third-party terms of service and that You shall use the services in accordance with such terms. The following are examples of where you attest that You agree to third-party software terms. The examples are not exhaustive. If You order cPanel to use for Your hosting services, Your order constitutes explicit agreement with cPanel’s terms and You authorize Static Data Hosting to agree to such terms on Your behalf. The terms of service for cPanel may be found here. If You purchase Microsoft Windows for a dedicated server and request that Static Data Hosting manually assist You with installation of this product, Your request constitutes explicit agreement with Microsoft Windows’ terms of service and You authorize Static Data Hosting to agree to such terms on Your behalf. Microsoft Windows’ terms of service may be found here. Your failure to abide by any third-party license may result in the immediate termination of Your Services by Static Data Hosting.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Static Data Hosting. Your use of any third party software is at Your own risk. Static Data Hosting does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Static Data Hosting will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. Static Data Hosting reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

9. Third-Party Content

If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Static Data Hosting has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Static Data Hosting policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify Static Data Hosting immediately of the error. In no event shall Static Data Hosting be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

10. Billing and Payment

All fees for the Services shall be in accordance with Static Data Hosting ‘s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Static Data Hosting may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due Static Data Hosting remains unpaid on the date when services expire, Static Data Hosting may immediately terminate this agreement, and/or withhold or suspend Services. At its sole discretion, Static Data Hosting may, but is not obligated to, provide a grace period of seven (7) days after such payment is due for shared hosting packages and three (3) days for bare metal cloud, cloud hosting, managed servers and dedicated servers. There will be a $85.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You.

If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Static Data Hosting will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at Static Data Hosting ‘s then current rates.

If you improperly charge back for web hosting services rendered, we may disable the ability to transfer any other your Static Data Hosting services away from Static Data Hosting.

11. Termination & Cancellation Policy

The initial term of Your agreement with Static Data Hosting shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with Static Data Hosting shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.

This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing category at least three (3) working days before the account is due to renew; or (ii) by Static Data Hosting at any time, without prior notice, if, in Static Data Hosting ‘s judgment, You are in violation of any terms or conditions herein; or (iii) in Static Data Hosting ‘s sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Static Data Hosting or could disrupt Static Data Hosting ‘s business operations; or (iv) by Static Data Hosting if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either Static Data Hosting or Static Data Hosting.

In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that Static Data Hosting may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of Static Data Hosting.

You may receive a refund if i) Your Standard, Webmaster or Business account is cancelled within the initial 30 days after sign-up. Only first-time Standard, Webmaster or Business accounts are eligible for the 30-day money-back guarantee. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, SSL certificates, renewals, any third party product (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees; (iii) Your Bare Metal Cloud, Cloud Hosting, Managed Servers or Dedicated Server account is cancelled within the initial 7 days after sign-up. Only first-time Bare Metal Cloud, Cloud Hosting, Managed Servers or Dedicated Server accounts are eligible for the 7-day money-back guarantee. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, SSL certificates, renewals, any third party product (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees.

In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs Static Data Hosting incurs in closing your account. You agree to pay any and all costs incurred by Static Data Hosting in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials provided to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, Static Data Hosting may delete all information related to you on the Services.

12. Customer Support

Static Data Hosting provides customer support to You at no additional fee for issues related to Static Data Hosting service only. Static Data Hosting has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable.

You can request customer support only by opening Live Chat or Ticket through the HelpDesk system located in the Client Area. Static Data Hosting will have no liability to provide customer support if it is requested in any other way apart from the ClientBox system. You are solely responsible to use the appropriate ClientBox category when opening Live Chat or posting Ticket. Static Data Hosting will have no liability to respond to tickets opened in inappropriate categories. Static Data Hosting shall not be liable for any delay in Live Chat and/or Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account.

You must provide Static Data Hosting with all information and access to facilities that Static Data Hosting may reasonably require to provide the requested customer support.

You are solely liable for performing and storing a back-up copy of your data, files and hosting account prior to requesting customer support and agreeing to any interference or operation, provided by Static Data Hosting. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data. You should not abuse the ClientBox system. Abuse of the ClientBox system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the ClientBox system may result in warning, ClientBox access restrictions, account suspension or possible account termination with no refund. Static Data Hosting has the sole right to decide what constitutes abuse of the ClientBox system.

In the event You require server support from us for Your Bare Metal Cloud, Cloud Hosting or Dedicated server with User-Responsible or Basic types of Server Management, Static Data Hosting reserves a right to decide whether or not to provide server support, based on the results of preliminary server check. Should Static Data Hosting decide, in its sole discretion, to provide support, this service will be provided at an additional cost according to the pricing indicated on the Managed Services.

In order to fulfill the server uptime commitments for Bare Metal Cloud, Cloud Hosting and Dedicated servers with Complete Management, Static Data Hosting reserves the right to remove the system logs and files in the Trash folder when the server reaches the disk space limit.

13. Legal Purposes

The web hosting and reseller hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of Static Data Hosting is to provide space to serve web documents, not as an off-site storage area for electronic files and is governed by the AUP. Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by Static Data Hosting, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Static Data Hosting based upon the severity of the violation. Static Data Hosting reserves the right to refuse Service if any of the content within, or any links from, the Your website is deemed illegal, misleading, or obscene, or is otherwise in breach of Static Data Hosting ‘s AUP, in the sole and absolute opinion of Static Data Hosting. You agree that Static Data Hosting shall not be liable to you for loss or damages that may result from its refusal to host your website or provided the Services under this Agreement.

14. Account Use

You agree to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. You are responsible for security of Your password. Static Data Hosting will not change passwords to any account without proof of identification, which is satisfactory to Static Data Hosting, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Static Data Hosting will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Static Data Hosting be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless Static Data Hosting from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to Static Data Hosting you should take all due precautions to provide any sensitive information over a secure communication channel.

15. Currency

While all purchases are processed in US dollars, Static Data Hosting may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Static Data Hosting makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.

16. Limitation of Liability; Waiver and Release

The Services offered by Static Data Hosting are being provided on an “AS IS” and Static Data Hosting expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Static Data Hosting expressly does not warrant that the Static Data Hosting Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Static Data Hosting shall create any warranty not expressly made herein. You agree that Static Data Hosting will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Static Data Hosting; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

In no event shall Static Data Hosting be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the Services, even if Static Data Hosting is aware of or has been advised of the possibility of such damages.

In addition, You specifically acknowledge and agree that any cause of action arising out of or related to Static Data Hosting or the Services provided by Static Data Hosting must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

In addition, You specifically acknowledge and agree that in no event shall Static Data Hosting’s total aggregate liability exceed the total amount paid by You for the particular Services that are the subject of the cause of action.

The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of Static Data Hosting or its Services offered.

No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Static Data Hosting.

17. Indemnification

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Static Data Hosting and all affiliates of Static Data Hosting, and all officers, agents, employees, and representatives of Static Data Hosting, and all of their heirs, personal representatives, predecessors, successors and assigns, 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, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the Static Data Hosting products and/or services by Static Data Hosting and its agents and employees. Further, You agree to defend, indemnify and hold harmless Static Data Hosting and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Static Data Hosting’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Static Data Hosting, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your Static Data Hosting Hosted website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets.

This indemnification is in addition to any indemnification required of You elsewhere. Should Static Data Hosting be notified of a pending law suit, or receive notice of the filing of a law suit, Static Data Hosting may seek a written confirmation from You concerning Your obligation to defend, indemnify Static Data Hosting. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Static Data Hosting shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Static Data Hosting of any such claim promptly in writing and to allow Static Data Hosting to control the proceedings. You agree to cooperate fully with Static Data Hosting during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.

18. Trademark or Copyright Claims

Static Data Hosting is a service provider and respects the copyrights and other intellectual property rights of others. To the extent Static Data Hosting receives a proper notice of infringement of copyright, trademark or other intellectual property, Static Data Hosting reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Static Data Hosting believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

Static Data Hosting expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Static Data Hosting also reserve the right to terminate an account or subscriber for even one instance of infringement.

Proper notice of infringement shall include the following information in writing to Static Data Hosting’s designated agent:

• the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
• identification of the work that has been infringed;
• an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Static Data Hosting to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Static Data Hosting to locate that reference or link;
• Your name, address, telephone number, and email address;
• a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
• a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder.

Notice of infringement must be sent to Static Data Hosting’s designated agent to receive notification of claimed infringement as follows: Attn: Legalize.ph/Static Data Hosting, 6K Suite Baseline Center, Juana Osmena St., Capitol Site, Cebu City, 6000, Philippines, Landline: (+6332)2563068.

19. Additional Reservation of Rights

Static Data Hosting expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Static Data Hosting in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Static Data Hosting in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Static Data Hosting, its officers, directors, employees and agents, as well as Static Data Hosting’s affiliates.

In the event that Static Data Hosting need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.

20. Governing Law and Jurisdiction for Disputes

Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Philippines. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the Cebu City, Philippines, or if there is no jurisdiction in such court, then in a court in Philippines.

21. Notices

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 account and/or domain name Whois information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name Whois information You have provided.

22. Legal Age

You attest that you are of legal age (18 or over) to enter into this Agreement.

23. Final Agreement

This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersede and govern 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. By applying for Static Data Hosting’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

24. 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.

25. Enforceability

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

26. Assignment and Resale

Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Static Data Hosting’s prior express written consent.

27. 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; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Static Data Hosting, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; 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 steps reasonably necessary under the circumstances 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, Static Data Hosting may immediately terminate this Agreement.

28. Headings

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.

Web Hosting – Acceptable Use Policy (AUP)

This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to Static Data Hosting, as well as its subsidiaries and sister companies (“Static Data Hosting”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Static Data Hosting. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Static Data Hosting service(s) or products or to cancel Your Static Data Hosting service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Static Data Hosting’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.

1. Sharing of Information.

As a condition of purchasing and using hosting plans, You acknowledge and agree that Static Data Hosting may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (a) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletter & marketing communication, and (b) Information Static Data Hosting gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites. This information allows Us to better tailor Our content to users’ needs and to help Our advertisers and sponsors better understand the demographics of Our audience. Because Static Data Hosting derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping Our select services free to users. Under no circumstances does Static Data Hosting divulge any information about an individual user to a third party. Further information regarding the nature of information shared by Static Data Hosting can be obtained by reviewing the Privacy Policy. You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed via Whois.

2. User Obligations.

You represent and warrant to Static Data Hosting that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Static Data Hosting shall not be used in connection with any illegal activity.

You expressly (i) grant to Static Data Hosting permission to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Static Data Hosting under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.

3. Network Interruptions.

Static Data Hosting will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Static Data Hosting be liable to You for any damages resulting from or related to any failure or delay of Static Data Hosting in providing access to the Internet under this Agreement. In no event shall Static Data Hosting be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Static Data Hosting under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.

4. Accounts.

This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Static Data Hosting account may not be transferred without prior written approval from Static Data Hosting.

5. IP Address.

Static Data Hosting assigns to You an Internet Protocol (“IP”) address in connection with Your use of the Static Data Hosting services. The right to use that IP address will remain with and belong only to Static Data Hosting, and You will have no right to use that IP address except as allowed by Static Data Hosting in its sole and absolute discretion.

6. Payment Terms:

• You may receive a refund if: i) Your Standard, Webmaster or Business account is cancelled within the initial 30 days after sign-up. Only first-time Standard, Webmaster or Business accounts are eligible for the 30-day money-back guarantee. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to any third party product (WHMCS, cPanel, Softaculous, etc.) that is not included into the package and is purchased at additional fee; (ii) Your Bare Metal Cloud, Cloud Hosting, Managed Servers or Dedicated Server account is cancelled within the initial 7 days after sign-up. Only first-time Bare Metal Cloud, Cloud Hosting, Managed Servers or Dedicated Server accounts are eligible for the 7-day money-back guarantee.
• Static Data Hosting may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
• If Your account becomes overdue, the account will be suspended. And it won’t be reactivated until the outstanding balance is paid in full. In the event that any amount due Static Data Hosting remains unpaid on the date when services expire, Static Data Hosting may immediately terminate this agreement, and/or withhold Services for non-payment. At its sole discretion, Static Data Hosting may, but is not obligated to, provide a period within thirty(30) days after Your hosting account’s billing date for shared hosting accounts and within seven (7) days for Bare Metal Cloud or Cloud Hosting and three (3) days for Dedicated Servers and Managed Servers to reactivate the service.
• If an account is found to be in violation of the Terms of Service, it will be terminated immediately and all payments forfeited.
• For closed accounts there is a $50.00 per incident charge for all inquiries regarding previous services and or support.
• Backups of new/changed data are made weekly for shared hosting. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. For Standard, Webmaster and Business, internal backups are performed twice a week. If loss of data occurs due to an error of Static Data Hosting, We will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, Static Data Hosting will attempt to recover the data from the most recent archive for a $50.00.
• Bare Metal Cloud, Cloud Hosting, Managed Server and Dedicated Server Subscription is to be renewed via automatic renewal option with a designated credit card only. Automatic renewal option must be enabled prior to the renewal date. In the event the auto-renew option is disabled, the Subscription will be cancelled on the renewal date and Your server content will be permanently deleted. In the event the auto-renew option is enabled, but the attempt to automatically renew Your Subscription failed as a result of a decline of Your credit card, the Bare Metal Cloud, Cloud Hosting, Managed Server and Dedicated Server Subscription will be suspended and the email notification will be sent to You accordingly. Static Data Hosting will try to charge Your credit card for an additional 4 days after the billing date, once a day. After five consecutive failed attempts to renew the Bare Metal Cloud, Cloud Hosting, Managed Server and Dedicated Server Subscription, the server will be canceled and Your server content will be permanently deleted. In the event You order any additional services or licences to Your Clearance Server Subscription, Your designated Credit Card will be charged for the prorated amount for the current billing period.

7. Secure Shell (“SSH”) Access.

You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.

8. Prohibited Activities.

By using any Services, provided by Static Data Hosting You agree:

• not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
• not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
• not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
• not to make, attempt or allow any unauthorized access to Static Data Hosting website, servers, your own hosting account or the account of any other customers of Static Data Hosting.
• not to allow any remote code execution of malicious software through the hosting account provided by Static Data Hosting.
• not to cause denial of service attacks, port scans or other endangering and invasive procedures against Static Data Hosting servers and facilities or the servers and facilities of other network hosts or Internet users.
• not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
• not to use Static Data Hosting services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
• not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), cryptocurrency miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
• not to engage in or to instigate actions that cause harm to Static Data Hosting or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Static Data Hosting reserves the right to refuse service to anyone upon Our discretion. Any material that in Static Data Hosting judgment, is either obscene or threatening is strictly prohibited and will be removed from Static Data Hosting servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Static Data Hosting will take corrective action upon our own discretion and will notify You. Static Data Hosting decision in such case is binding and final, and cannot be a subject of a further change. Static Data Hosting cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Static Data Hosting or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 7 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Static Data Hosting will not be liable for any loss or damages in such cases.
• not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.

At its discretion, Static Data Hosting reserves the right to investigate the use of its services for violations of its policies. This includes all hosting packages and services. Static Data Hosting further reserves the right to remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

9. Email and Anti-spam Policy.

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Static Data Hosting. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Static Data Hosting prohibits the following activities listed without limitation hereunder:

• Usage of the Static Data Hosting network and systems to receive replies to unsolicited mass e-mail messages.
• Forgery of e-mail headers (i.e.”spoofing”).
• Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
• Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
• Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
• Hosting any web pages or providing any services that support spam.
• Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
• Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
• If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.

We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.

10. Additional Acceptable Use Policy for accounts:

Server Resource Provision. Your use of the server resources shall not endanger the capacity and operation of the shared server.

Acceptable use limits: Any shared hosting account may use no more resources than outlined below:

Shared Hosting Accounts

The decision to upgrade shall rest solely with Static Data Hosting and shall be made in its reasonable discretion.

For all account packages:

• No script may use 25% or more of system resources for 60 seconds or longer;
• Running stand-alone, unattached server side processes/daemons is strictly prohibited
• Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
• Running any bit-torrent / P2P application is strictly prohibited
• Running cron scripts with intervals of less than 5 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited
• Running of public file exchange services is strictly prohibited

Static Data Hosting staff may use the following tools at our discretion to identify use of system resources:

• Conventional UNIX system tools, like ‘ps’, ‘top’, ‘iostat’ etc
• MySQL/PostgreSQL stats reporting features
• cPanel report
• Resource usage alerts from CSF/LFD server security system

Disk Usage Provision. The content on your website must be linked from an HTML or similarly coded web page with all content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and php files.

Downloadable files, media, databases must comply with the following limitations:

• A maximum of 10GB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files;
• A maximum of 10GB of a shared hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium;
• A maximum of 10GB of a shared hosting account can be allocated to databases and database dumps including but not limited to .sql files;
• A maximum of 10GB of a shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program.

As a part of disk usage optimization, error_log files on our shared hosting servers are size-limited to 10MB per file and 1000 rows with the latest logs.

Any user whose account consume higher resources on a consistent basis shall agree to upgrade it to a Service with higher resource availability.

Under its sole discretion, Static Data Hosting reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with Static Data Hosting and shall be made in its reasonable discretion.

Use of Email Services. You should use email and other related services in full compliance with the terms below:

In order to safeguard overall server performance of shared hosting server, You may send and/or forward not more than the following number of emails, per hour per domain:

• For Shared Hosting cPanel accounts, email storage shall not exceed the 10GB limit.
• For IMAP/POP3 mailboxes, You may perform up to 100 email checks per hour.
• For POP3, You may perform up to 10 concurrent connections to email system per IP address on Shared Hosting servers, and up to 20 concurrent connections to email system per IP address on Business.
• For IMAP, You may perform up to 30 concurrent connections to email system per IP address on Shared Hosting servers.
• For SMTP, You may perform up to 100 concurrent connections to email system on Shared Hosting servers. This limit applies to the whole server.

Static Data Hosting may, at its sole discretion, limit the volume of email messages You can deliver through our services. Static Data Hosting may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services. Static Data Hosting may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will Static Data Hosting be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.

Upgrade to Bare Metal Cloud, Cloud Hosting, Managed Servers or Dedicated Server. Each Shared Hosting account can be upgraded to a Bare Metal Cloud, Cloud Hosting, Managed Servers or Dedicated Server. The upgrade is performed by Static Data Hosting after You have paid the first month fee. The fee depends on the type chosen by You and is non- refundable. Prorate amount for unused time of the shared hosting account will not be refunded, it will be added to Your account balance in the event of upgrade to Bare Metal Cloud, Cloud Hosting, Managed Servers or Dedicated Server. Once the account is transferred to the Bare Metal Cloud, Cloud Hosting, Managed Servers or Dedicated Server the Shared Hosting account is terminated and the new Bare Metal Cloud, Cloud Hosting, Managed Servers or Dedicated Server account use is governed by the paragraph 11 of this Agreement accordingly.

IPv4 Address Usage Policy. Due to the exhaustion of the IPv4 address space we actively conserve IP address space by limiting the IP addresses each web hosting account can use.

Shared hosting accounts may each use only 1 IP address.

Phoenix, AZ location servers may use up to 5 IP addresses. The number of IPs that are included and the account may use up to are indicated in the plan specification.

The IP address limit is a per account, not a per customer basis. Customers may hold multiple accounts to get access to additional IP addresses. We strongly urge customers to only use IP addresses for essential use and we do require justification for usage.

11. Additional Acceptable Use Policy of Cloud Hosting:

• Use of Traffic (Bandwidth).
  Your account monthly traffic is limited in accordance with the Cloud Hosting package. Additional Traffic can be ordered at $18.00 per 100 GB rate. The additional bandwidth is paid and applied on a monthly basis. The fee is non-refundable. If the monthly traffic limit is reached before the end of the month Your account will be suspended until the beginning of the next month.
• Disc Space Use.
  Your account disc space is limited in accordance with the Cloud Hosting package. Up to 4 GB from the disc space is allocated to the system files and this space cannot be used for storing Your content.
• Additional Services.
  The initial and renewal fees for each Cloud Hosting package include the number of IPs in accordance with Cloud Hosting type. Additional IPs can be added to a Cloud Hosting package. In such a case Static Data Hosting will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable.
  
  You can order Additional RAM as extra features to Your Cloud Hosting account(s). Static Data Hosting will charge the appropriate fee for the additional RAM, depending on the amount of RAM ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. Renewal fee is due for the Additional RAM each month after the initial order, until the upgrade or the Cloud Hosting account itself is cancelled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, Static Data Hosting will remove the additional RAM or will suspend the whole Cloud Hosting account until receiving additional RAM renewal payment.
• Additional Limitations.
  Please note that our services are configured with built-in service limitations designed to prevent invasive activities, including but not limited to denial of service attacks and port scans. If triggered, these limitations may result in an enforced service interruption. In no event shall Static Data Hosting be liable to You for any damages resulting from or related to such interruption.
  

12. Storage and Security.

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Static Data Hosting servers; and (iv) ensure the confidentiality of Your password. Static Data Hosting services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Static Data Hosting shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Static Data Hosting are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Static Data Hosting shall have no liability to You or any other person for Your use of Static Data Hosting products and/or services in violation of these terms.

13. Transfer of Content.

In the event You terminate this Agreement or Your use of Static Data Hosting products and/or services, then moving Your server content off of the Static Data Hosting servers is Your responsibility. Static Data Hosting will not transfer or FTP Your server content to another provider. In the event Your use of Static Data Hosting products and/or services is terminated, Static Data Hosting will not transfer or manage Your services or Your content.

14. Third-Party Software.

Static Data Hosting provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Static Data Hosting does not take responsibility for any faults in such software functioning.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Static Data Hosting. Your use of any third party software is at Your own risk. Static Data Hosting cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Static Data Hosting will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

15. Static Data Hosting Reservation of Rights.

Static Data Hosting explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Static Data Hosting; (ii) establish limits and guidelines concerning the use of Static Data Hosting services and/or products; (iii) terminate Your use of Static Data Hosting services and/or products for use of Static Data Hosting services and/or products to unnecessarily or illegally harass Static Data Hosting or third parties, non-payment of fees for Static Data Hosting services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Static Data Hosting, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Static Data Hosting determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Static Data Hosting services and/or products if Your use of Static Data Hosting services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Static Data Hosting or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of Static Data Hosting services and/or products at any time and for any reason if deemed reasonably necessary by Static Data Hosting. Static Data Hosting has no obligation to monitor Your use of Static Data Hosting services and/or products, but reserves the right in its sole discretion to do so.

Right of Refusal. Static Data Hosting has the right to refuse services to anyone at Our discretion.

16. Limitation of Liability; Waiver and Release.

The services offered by Static Data Hosting are being provided on an “AS IS” and Static Data Hosting expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Static Data Hosting expressly does not warrant that Static Data Hosting services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Static Data Hosting shall create any warranty not expressly made herein. You agree that Static Data Hosting will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Static Data Hosting; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. Static Data Hosting has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that Static Data Hosting has no obligation to back-up any data related to your website unless Static Data Hosting expressly agrees otherwise in writing or has expressly stated so on the website.

17. Indemnification.

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Static Data Hosting and all affiliates of Static Data Hosting, and all officers, agents, employees, and representatives of Static Data Hosting, and all of their heirs, personal representatives, predecessors, successors and assigns, 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, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the Static Data Hosting products and/or services by Static Data Hosting and its agents and employees. Further, You agree to defend, indemnify and hold harmless Static Data Hosting and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Static Data Hosting’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Static Data Hosting, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your Static Data Hosting hosted website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets.

This indemnification is in addition to any indemnification required of You elsewhere. Should Static Data Hosting be notified of a pending law suit, or receive notice of the filing of a law suit, Static Data Hosting may seek a written confirmation from You concerning Your obligation to defend, indemnify Static Data Hosting. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Static Data Hosting shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Static Data Hosting of any such claim promptly in writing and to allow Static Data Hosting to control the proceedings. You agree to cooperate fully with Static Data Hosting during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.

18. Trademark or Copyright Claims.

Static Data Hosting is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent Static Data Hosting receives a proper notice of infringement of copyright, trademark or other intellectual property, Static Data Hosting reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Static Data Hosting believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

Static Data Hosting expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Static Data Hosting also reserve the right to terminate an account or subscriber for even one instance of infringement.

Proper notice of infringement shall include the following information in writing to Static Data Hosting’s designated agent:

• the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
• identification of the work that has been infringed;
• an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Static Data Hosting to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Static Data Hosting to locate that reference or link;
• Your name, address, telephone number, and email address;
• a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
• a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder.

Notice of infringement must be sent to Static Data Hosting’s designated agent to receive notification of claimed infringement as follows: Attn: Legalize.ph/Static Data Hosting,6K Suite Baseline Center, Juana Osmena St., Capitol Site, Cebu City, 6000, Philippines; Landline: (+6332)2563068.

19. Additional Reservation of Rights.

Static Data Hosting expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Static Data Hosting in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Static Data Hosting in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Static Data Hosting, its officers, directors, employees and agents, as well as Static Data Hosting’s affiliates.

In the event that Static Data Hosting need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.

20. Governing Law and Jurisdiction for Disputes.

Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Philippines. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the Cebu City Court, or if there is no jurisdiction in such court, then in a state court in Philippines.

21. Notices.

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 account and/or domain name WHOIS information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name WHOIS information You have provided.

22. Legal Age:

You attest that you are of legal age (18 or over) to enter into this Agreement.

23. Final Agreement.

This Agreement, together with all modifications, constitute the complete and exclusive agreement between You and Us, and supersede and govern 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. By applying for Static Data Hosting’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

24. 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.

25. Enforceability.

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

26. Assignment and Resale.

Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Static Data Hosting’s prior express written consent.

27. 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; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Static Data Hosting, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; 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 steps reasonably necessary under the circumstances 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, Static Data Hosting may immediately terminate this Agreement.

28. Headings.

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.

Introduction

Welcome to Static Data Hosting’s Privacy Policy. This document explains how we collect, use, disclose, and protect your information when you use our Server Management services. By using our services, you agree to the collection and use of information in accordance with this policy. If you have any questions or concerns, please contact us at legal@staticdatahosting.com.

Information Collection

Automatically Collected Information

When you visit our website, we may automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the site, and information about how you interact with the site.

Information You Provide

We may ask you to provide personal information when you register for an account, place an order, subscribe to our newsletter, or contact us for support. This information may include your name, email address, phone number, and payment information.

How We Use Your Information

The information we collect is used for the following purposes:

• To personalize your experience and respond better to your individual needs.
• To improve our website and services based on the information and feedback we receive from you.
• To process transactions efficiently.
• To send periodic emails regarding your order or other products and services.
• To follow up with you after correspondence (live chat, email, or phone inquiries).

Data Security and Encryption

Static Data Hosting prioritizes the security and privacy of our clients’ data. We have implemented stringent data security measures, including encryption, to safeguard this information. Our clients are required to register with us on our integrated WHMCS platform, which utilizes HTTPS (Hypertext Transfer Protocol Secure) to establish a secure connection between the client’s device and our servers. This encryption ensures that all data transmitted during the registration process remains confidential and protected from potential eavesdropping or tampering.

Upon successful registration, the server login details shared by our clients are stored in our secured database. We have implemented robust encryption protocols to protect this sensitive information at rest. Our data security measures are regularly updated and reviewed to stay ahead of evolving security threats and to follow industry best practices. Our team undergoes continuous training to ensure proper data handling and to maintain compliance with relevant regulations.

Disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

Refunds and Terms of Service

Please read our Terms of Service for information on claiming refunds. We advise customers to carefully choose the correct service and read our Terms of Service before making a purchase.

Contact Us

Should you have any concerns regarding our privacy policy, please email us at legal@staticdatahosting.com. If you are interested in learning more about our services and what we do, please check out the Services and Plans sections on our website.

This policy is governed by the laws of the Philippines.

Version 1.1 – Updated Effective 09-08-2023

General

By clicking “I Agree” while registering for our services, you agree to abide by these Terms of Service until you unsubscribe from our services.

Where relevant, the customer agrees to provide Static Data Hosting with sufficient detail about, and access to, their services, policies, and systems to enable us to provide the service to them and their customers. Static Data Hosting will not be responsible for any hardware-related issues on your servers, including power failure from data centers, downtime, or any service interruption due to circumstances beyond our control from the server provider.

Limitation of Liability

In no event shall Static Data Hosting be liable for any indirect, incidental, accidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, use, data, or other intangibles, arising out of or in any way connected with the use or inability to use the services, or for any content obtained from or through the services, even if Static Data Hosting has been advised of the possibility of such damages. The limitations of the damages are vital elements of the agreement between you and Static Data Hosting.

Trial Support

Static Data Hosting offers trial support for one basic issue (we reserve the right to determine which issues are basic). We recommend using the trial period before purchasing the actual service. We do not provide refunds for services with one-time setup charges or installation charges. Please read the plan details carefully.

Billing

All accounts are set up on a pre-pay basis. It is the customer’s responsibility to inform Static Data Hosting of any changes to their credit card type, PayPal email address, or credit card expiration date. Credit card accounts are billed monthly. If your credit card is declined, you will have seven days to make the payment. After these seven days, your account will be placed on hold until services are paid for. All accounts issuing chargebacks against Static Data Hosting will be charged an additional $30.00 per chargeback.

Cancellation Policy

Cancellation requests must be submitted via the client portal or by emailing sales for authorization purposes and not by informing us on live chat. Since all fees are payable in advance, there is no cancellation fee. To avoid charges for a subsequent billing cycle, you must cancel the service before the end of the current billing cycle. We recommend canceling your subscription (if relevant) before your next billing date.

You reserve the right to cancel the service for any reason with prior notice of 7 days. We will not cancel the service from our part without notification.

Refund Policy

We offer refunds exclusively on cPanel, Plesk, and DirectAdmin management plans only. These management plans have a 15-day money-back guarantee. After 15 days, no refund will be offered. A refund request must have a valid reason. Asking for refunds after resolving issues or without a valid reason will not be considered.

Refunds can take from 24 hours to one week. We will not refund automatic PayPal subscriptions; it will be automatically added as a credit to your account within our billing system.

For our hourly server admin charges, applicable charges will be applied for server administration time. We do not offer refunds or guarantee a solution with hourly support requests.

Change of IPs

All server management plans are not allowed to change the IPs of management plans or software licenses related to those management plans. If you need to change the IP, we recommend waiting until the next due date or ordering new services.

Security, Coding, and Development Support

We do not guarantee a 100% security solution. Static Data Hosting security packages follow industry standards for software installation and configurations to secure servers and prevent attacks. However, Static Data Hosting does not guarantee that your server will be 100% secured after applying our security solutions. No refund will be provided for security services. We do not offer support for script coding or website development in any server management packages. Static Data Hosting is not responsible for any website development or coding-related problems.

Confidential Information

Each party will maintain all confidential information of the other party in strict confidence and will not disclose any confidential information to any third party without prior written consent. Neither party will use any confidential information for any purpose other than performing its duties and exercising its rights under this agreement. Upon termination or expiration of this agreement, each party will return or destroy all confidential information obtained from the other party.

Change of Conditions

Static Data Hosting retains the right to alter and amend these terms and conditions as required and without notification in the interest of our users. All changes to this page will be applicable to previous versions.

Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the Philippines. Any legal action or proceeding arising out of or in connection with these Terms of Service shall be brought exclusively in the courts of the Philippines.

For any legal inquiries, please contact us at legal@staticdatahosting.com.