OVERVIEW
These Terms of Service (“Terms of Service”) set forth the general terms and conditions of your use of this website (“Site”) and the products and services purchased or accessed through this Site (individually and collectively, the “Services”).
Terms of Service and the documents to which they refer, form an agreement (“Agreement”) between the relevant abthostit group entity indicated below (“abthostit”) and you. The Agreement is made effective as of the date of your use of the Site or the date of electronic acceptance thereof, whichever occurs earlier. The terms “we”, “us” or “our” shall refer to abthostit. The terms “you”, “your”, “User” or “Customer” shall refer to any individual or entity who accepts the Agreement, has access to Customer account at abthostit (“Account”) or uses the Services.
- abthost it CONTRACTING ENTITY AND APPLICABLE TERMS AND POLICIES
Unless otherwise indicated in the specific documents of the Agreement, the abthostit entity you are contracting with will be determined under the below rules. If your country of residence is:
Dr. Albrecht iz Sunday
Schloglgasse 17/1/16
1010 Wien, Austria
Asian countries as per list indicated here, then contracting entity will be abthostit PTE LTD, Singapore private limited company, registered address 16 Raffles Quay, #33-03, Hong Leong Building, Singapore, 048581;
Any other country not listed above (including EU countries), then the contracting entity will be abthostit INTERNATIONAL LIMITED, Cyprus private limited company, registered address 61 Lordou Vironos str., 6023 Larnaca, Cyprus.
Your use of this Site or Services is also governed by the applicable agreements and policies, which are incorporated into these Terms of Service by reference. Such agreements and policies include:
Hosting Agreement
Domain Registration Agreement
Domain Name Registrant Agreement
Referral Program Agreement
Expired Registration Recovery Policy
Refund Policy
other agreements and policies made available to you on the Site.
When your use of the Site or the Services requires us to process any personal data or personal information, we will do so in accordance with our Privacy Policy and also, if applicable, Data Processing Addendum (“DPA”), which is also incorporated into the Terms of Service by reference.
Your electronic acceptance of these Terms of Service signifies that you have read and understood these Terms of Service, along with the applicable policies and agreements, and agree to be bound by the Agreement.
abthostit may, in its sole and absolute discretion, change or modify these Terms of Service, and any policies or agreements incorporated herein, at any time, and such changes shall be effective immediately upon posting to this Site. In addition, abthostit will notify you by email within a reasonable period of time prior to the effective date of any material changes to the Agreement. In the event of a material change detriment to you, you have a right to terminate the Agreement by providing written notice within 30 calendar days from the day of notification on such change. Such right does not apply if the changes (i) have an effect exclusively to your benefit and (or) (ii) neither reduces your rights nor increases your responsibilities. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of the Agreement as last revised.
- ELIGIBILITY AND AUTHORISATIONS, SANCTIONS COMPLIANCE
This Site and the Services are available only to persons, who can form legally binding contracts under applicable law.
By using this Site or the Services, you represent and warrant that you:
(i) are at least eighteen (18) years old;
(ii) have the legal capacity to enter into an agreement with us;
(iii) are not a person barred from purchasing or receiving the Services under the laws applicable to these Terms of Service or other applicable jurisdiction; and
(iv) meet the conditions for purchase and (or) use of the Services, if any, as specified in the Agreement, including sanctions compliance clauses.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to this Agreement and to act on behalf of such entity with respect to any actions you take in connection with the Site or Services (in such cases, the terms “you”, “your”, “User” or “Customer” shall refer to such corporate entity). If it is later determined that you do not have such authority, you will be personally responsible for all the obligations under this Agreement, including payment obligations. abthostit shall not be liable for any loss or damage resulting from reliance on any instruction or communication reasonably believed to be from an authorized representative of your corporate entity. You further agree to be bound by this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
Sanctions compliance. You represent and warrant that you comply with the following conditions:
Residence and use of Services. You are not an ordinary resident of, and will not use or distribute the Services in, any country or region subject to US comprehensive sanctions (Cuba, Iran, North Korea, Russia, the following regions of Ukraine: Crimea, Donetsk, Luhansk, Zaporizhzhia and Kherson), or other areas sanctioned by the US or EU / UN, as well as Belarus and Venezuela in line with abthostit’s declared approach.
Sanction lists. You are not included on any sanctions list, including, without limitation: the UN Security Council Consolidated List, the US Specially Designated Nationals and Blocked Persons List maintained by the US, Consolidated list of persons, groups and entities subject to EU financial sanctions maintained by EU, the UK Sanctions List or any other applicable sanctions lists maintained by other countries.
Ownership and control. You are not owned or controlled, directly or indirectly, by any sanctioned individual or entity (“Sanctioned Party”) and are not otherwise acting on behalf of, at the direction of, or for the benefit of such Sanctioned Party.
Indirect access and anti-circumvention. You agree not to indirectly make the Services available to any person, entity or organization, which would not meet sanction compliance requirements established in these Terms of Service. You also agree not to knowingly participate in activities intended to circumvent the sanctions prohibitions outlined in these Terms of Service.
You acknowledge that the list of sanctioned countries, regions and persons are subject to change in accordance with the latest regulations, and you agree to comply with any such changes immediately as they occur. Also, if your status changes such that you are included on any sanctions list or become owned or controlled by the Sanctioned Party, you must promptly notify us. You agree to actively participate in sanctions screening and investigation processes, including to provide all necessary information as requested for sanction compliance purposes.
In the event that abthostit becomes aware of, or reasonably suspects, that you are breaching sanction compliance clauses outlined in these Terms of Service, abthostit reserves the right to terminate your use of the Services immediately and without any notice. Also, you agree to indemnify and hold abthostit harmless against any losses, including, but not limited to, monetary penalties and legal fees, that may arise due to your non-compliance with the aforementioned sanctions compliance confirmations.
- ACCOUNT AND ITS MANAGEMENT
Account and information. In order to access certain features of this Site or use the Services, you will have to create an Account. You represent and warrant to abthostit that all information you provide when creating your Account is accurate, current and complete. You agree to maintain and promptly update Account information and any other information you provide to abthostit, to keep it accurate, current and complete. abthostit assumes no liability or responsibility for any issues or adverse outcomes that may occur due to inaccurate information provided by you. If abthostit has reason to believe that your Account information or any other information you provide to abthostit is inaccurate, outdated, incomplete or unjustified, abthostit reserves the right, in its sole and absolute discretion, to request you to validate the information (including to provide required supporting documents, which might include government-issued business identification or government-issued photo identification), to suspend or terminate your Account.
For the avoidance of doubt, the individual or entity whose data is listed in the ‘Account information’ section of Account is considered to be the owner of the Account and the data and Services contained therein (excluding the domain names, if any). Domain names are owned as set out in applicable ICANN and other rules, and we will assist domain registrants to the extent permitted by the applicable rules and regulations. If your Account contains domain names registered with us in the name of a third party, and that third party (domain name registrant) requests access to the management of those domain names, we may comply with the domain name registrant’s instructions and provide them with access to those domain names.
It is your obligation to ensure that you correctly indicate ownership of your Account. If there is a dispute about ownership, the access to the Account may be blocked until the parties to the dispute agree on a resolution, or until the matter is finally resolved by the competent authority. We are not liable for any damages of any nature and type suffered by the Customer or any third party that may result from an ownership dispute or from the blocking of the Account.
Account security. You are solely responsible for all the activity on your Account. You agree to:
(i) keep your Account secure and follow our security recommendations, including, but not limited to, using strong passwords that adhere to industry-standard security criteria, keeping different login credentials for different Accounts and service providers, changing your password regularly for each Account, enabling two-factor authentication for an added layer of security;
(ii) maintain the confidentiality of your password and other information related to the security of your Account. In the event of loss or disclosure of any means of authentication, you must immediately take available steps to secure your Account and Services (for example, change the means of authentication concerned);
(iii) diligently verify the authenticity of communication claiming to come from abthostit (if in doubt, contact us directly through official support channels). abthostit will never request your password, one-time codes or other authentication details via email or other unsolicited communication;
(iv) be solely responsible for ensuring the security and compliance of any third-party applications or tools you connect to your abthostit account, in accordance with applicable standards and regulations;
(v) notify abthostit immediately of any breach of security or unauthorized use of your Account.
abthostit will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss abthostit or others incur caused by your Account, whether caused by you, or by any other authorized or unauthorized person.
Account sharing. The Services allow you to grant access (depending on permissions granted) to your Account to another abthostit customer. You may revoke any person’s ability to access your Account at any time.
By authorizing any person to access your Account, you acknowledge and agree that:
(i) you have an established and trusted business or personal relationship with such a person;
(ii) you voluntarily authorize such person to access and (or) make changes to your Account;
(iii) depending on permissions granted, such person may be able to view personal information that you have provided in your Account, including billing information (but excluding full payment method information);
(iv) such person will be able to access your Account as it is on the day of granting access and also access any future changes thereof (e.g. in case access to certain hosting is granted, such person will be able to access any future add-on domains of such hosting);
(v) in case you separately agree (allow) that such a person would contact Customer Service on your behalf, such person will be able to contact our Customer Service, receive information and (or) manage Services on your behalf using our Customer Service and access your chat history (including any personal and other information contained therein). Note that such a person in any case will not be allowed to perform certain actions, such as view or change your account credentials (like your password), delete your account or invite others to access your account;
(vi) you are assuming full legal and financial responsibility (and undertake to fully release abthostit from any related liability) with respect to your decision to grant access to your Account to any person or with respect to any actions such person may take or fail to take with respect to your Account.
By requesting access to the Account of another abthostit customer, you undertake to use such access solely in the best interest of and as authorized by the customer granting access.
Please note that abthostit is not involved in the actual contract between a abthostit customer granting access and the one requesting / receiving access to an Account. Should there be a dispute between the parties, you must address such dispute directly with the individual you are in contract with.
