VitoHost's Terms and Conditions

Ipotane UG(VitoHost)’s User Agreement

Your use of Ipotane UG(VitoHost) services is subject to the terms and conditions set forth in these Ipotane UG(VitoHost) Terms of Service (“Agreement”). This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights Ipotane UG(VitoHost) has if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and Ipotane UG(VitoHost) and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.

NOTICE: this Agreement includes an alternative dispute resolution provision for disputes that may arise between users of our Services and Ipotane UG(VitoHost) or its corporate affiliates. Please see Section 25(b) below which includes an Arbitration Agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described therein.

Quick Links

Eligibility, Registration and Account Security
This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined below), we need to make sure that you are able to legally contract with Ipotane UG(VitoHost). This section also explains that you are responsible for account security including all use of the Services through your User account, whether or not authorized by you.

HIPAA Disclaimer
Ipotane UG(VitoHost) Services do not comply with the EUROPEAN UNION Health Insurance Portability and Accountability Act (“HIPAA”). This section describes our policy on HIPAA in more detail.

Term and Termination Policy
Ipotane UG(VitoHost) offers hosting plans for a fixed period of time that you select upon purchase (e.g. 1 month, 1 year, etc.). Even though we do not want you to, we know that one day you might want to leave Ipotane UG(VitoHost). The instructions to cancel or disable automatic renewal can be found here.

Auto-Renewal Terms
To ensure uninterrupted service, your Services will automatically renew on your renewal date. This section explains this process in more detail.

Refunds and 30-Day Money-Back Guarantee
This section describes Ipotane UG(VitoHost)’s refund policy and 30-Day Money-Back Guarantee. If you purchase an account with a thirty (30) day money-back guarantee and cancel during the first thirty (30) days of your term, you may receive a full refund of all basic hosting fees paid. If your hosting plan included a free domain name and you cancel the Services, there is a non-refundable $15 domain fee. This fee not only covers our own costs, but you are welcome to keep the domain name and transfer it or point it to elsewhere.

User’s Responsibilities
All Users are required to comply with applicable law and have certain obligations with respect to their use of Ipotane UG(VitoHost) Services. You are also required to cooperate with Ipotane UG(VitoHost) and utilize hardware and software that is compatible with the Services. In addition, you are responsible for the security of your account and its content, as well as for maintaining a backup of your content and promptly removing any malware from your account.

Billing and Payment
Ipotane UG(VitoHost) offers a great range of Services to suit everyone’s needs and at prices to suit everyone’s pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan.

Resource Usage
Customers are required to utilize server resources in an efficient and responsible manner. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers. Additional information about our policy on CPU, Bandwidth and Disk Usage can be found here.

Governing Law and Arbitration
The governing law and jurisdiction provision as set forth in Section 25(a) shall apply to all Users. For Users who purchased or signed up for the Services after July 1, 2017, the arbitration clause in Section 25(b) shall also apply.

This Agreement is an agreement between The Endurance International Group, Inc., operating as Ipotane UG(VitoHost) (collectively, “Ipotane UG(VitoHost)”) and you (“User”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Ipotane UG(VitoHost) and of the Ipotane UG(VitoHost) website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully.

We may in our sole discretion change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the Ipotane UG(VitoHost) website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page, together with any options you may have as a current customer to accept or reject changes, where required by law or otherwise made available. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.

  1. Use of the Services is also governed by the following policies and agreements, which are incorporated by reference. By using the Services, you are also agreeing to the terms of the following policies and agreements.
    1. Privacy Policy
    2. Acceptable Use Policy
    3. Arbitration Agreement
    4. Domain Registration Agreement
    5. Domain Name Dispute and Copyright Claims
    6. Data Request Policy
    7. Anti-Spam Policy

Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.

  1. Eligibility; Registration and Account Security
    • . The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
  1. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
  2. You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Ipotane UG(VitoHost), to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account, whether or not authorized by you.
  3. You acknowledge and accept that despite the security measures Ipotane UG(VitoHost) takes in connection with the Services, Ipotane UG(VitoHost)’s system and/or User Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, malware, worms or Trojan horses, or the like. Under such circumstances, Ipotane UG(VitoHost) may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Ipotane UG(VitoHost) shall have no liability to you for any damage or loss that you may incur due to such corrective action.
  4. Ipotane UG(VitoHost) does not recommend the use of the Services for hosting or storing personal or sensitive content and shall bear no responsibility or liability in the event of compromise, loss of, or damage to, any such content.
  5. You are responsible for the security of your User account, User Content and User Websites. You further acknowledge and agree that you are solely responsible for backing-up your User account, including without limitation, all User Content and User Websites.
  6. Dedicated Servers.Ipotane UG(VitoHost) reserves the right to reset the password on a dedicated server if the password on file is not current so that we may perform security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. Ipotane UG(VitoHost) reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.
  1. Prohibited Persons (Countries, Regions, Entities, and Individuals). 
    The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “EUROPEAN UNION Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of EUROPEAN UNION Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under EUROPEAN UNION Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which EUROPEAN UNION persons may not contribute without a EUROPEAN UNION Government license. Unless otherwise provided with explicit written permission, Ipotane UG(VitoHost) also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
  2. Ipotane UG(VitoHost) Content.
    • . Except for User Content (as defined below), all content made available through the Services, including images made available through any website builder tools provided by Ipotane UG(VitoHost) (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, “Ipotane UG(VitoHost) Content”), are the property of Ipotane UG(VitoHost) or its licensors. No Ipotane UG(VitoHost) Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Ipotane UG(VitoHost) Content.
  1. To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the Ipotane UG(VitoHost) Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party’s trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities. c. Any use of the Ipotane UG(VitoHost) Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Ipotane UG(VitoHost) Content granted herein. All rights of Ipotane UG(VitoHost) or its licensors that are not expressly granted in this Agreement are reserved to Ipotane UG(VitoHost) and its licensors.
  1. User Content.
    • . You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you and users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Ipotane UG(VitoHost) that (i) you have all necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
  1. You acknowledge and agree that Ipotane UG(VitoHost) may, but is not obligated to, monitor User Content and may immediately take any corrective action in Ipotane UG(VitoHost)’s sole discretion, including without limitation removal of all or a portion of the User Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that Ipotane UG(VitoHost) shall have no liability due to any corrective action that Ipotane UG(VitoHost) may take, including without limitation suspension or termination of Services.
  2. You hereby grant to Ipotane UG(VitoHost), to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content and the User Website; and (ii) make archival or back-up copies of the User Content and the User Website. Except for the rights expressly granted above, Ipotane UG(VitoHost) is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with you.
  1. HIPAA Disclaimer.
    The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Ipotane UG(VitoHost) does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Users requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. Ipotane UG(VitoHost) does not sign “Business Associate Agreements,” and you agree that Ipotane UG(VitoHost) is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.
  2. Payment Card Industry Security Standard Disclaimer.
    Ipotane UG(VitoHost) complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your User Website. Ipotane UG(VitoHost) does not monitor User Websites for compliance and therefore we are not able to verify whether any User Website complies with the PCI Standard.
  3. User Responsibilities.
    • . You will comply with all applicable laws, rules and regulations in connection with the User Content, User Websites and use of the Services.
  1. You will be solely responsible for all activities conducted on or through a User Website, whether or not authorized by you and any transactions or interactions with end users of your User Website. You will be solely responsible for providing end users of your User Website with any applicable terms of use and privacy policy, including any required disclosure or explanation of the features of your User Website and any goods or services offered through your User Website.
  2. You will cooperate fully with Ipotane UG(VitoHost) in connection with Ipotane UG(VitoHost)’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in the performance of your obligations under this Agreement will extend the time for Ipotane UG(VitoHost)’s performance of its obligations that depend on your performance.
  3. You will be solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Ipotane UG(VitoHost) to provide the Services, which hardware and software may be changed by Ipotane UG(VitoHost) from time to time in its sole discretion.
  4. You will be solely responsible for backing-up all User Content, including any User Websites off of Ipotane UG(VitoHost)’s servers. This is an affirmative duty. Ipotane UG(VitoHost) is not responsible for the loss of any User Content. Note: It is essential that Users backup files offline, even if user purchases or has backup products provided by Ipotane UG(VitoHost).
  5. You are responsible for the security of your User account, User Content, and User Websites. You will maintain at all times, and are responsible for, the security and confidentiality of all account credentials, including your username and password.
  6. You will use your best efforts to ensure that the User Content and User Websites are and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code. You are required to prevent, identify, and promptly remove or disable from your User account, User Content and User Websites any code that may disrupt, disable, harm or cause the misuse of your account, Ipotane UG(VitoHost) Content or the Services in any way (including any malware).
  1. Third Party Websites
    The Services may contain links to other websites that are not owned or controlled by Ipotane UG(VitoHost) (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, security, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
  2. Billing and Payment.
    • . Fees Due.You will pay to Ipotane UG(VitoHost) all fees for the Services set forth in the registration form presented to you at the time you order the Services and for all fees for subsequent Renewal Periods at the time of renewal.
  1. Price Increases.Ipotane UG(VitoHost) may increase the fees for the Services (i) in the manner permitted in the applicable description of the particular Services published by Ipotane UG(VitoHost) on the Ipotane UG(VitoHost) website or in a promotional offer (the “Service Description”) and (ii) at any time on or after expiration of the Initial Term by providing thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the User billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) notifications of pricing for renewal terms. It is your sole responsibility to periodically review billing-related information provided by Ipotane UG(VitoHost) through the User billing tool or other methods of communications and notices sent or posted by Ipotane UG(VitoHost).
  2. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to Ipotane UG(VitoHost)’s invoices for the fees as separate charges to be paid by you. All fees are non-refundable when paid except as otherwise provided herein.
  3. Automatic Renewals.By purchasing the Services, you agree to allow Ipotane UG(VitoHost) to place your account on a recurring payment plan. The account will automatically be re-billed according to the term length of the Services you select. For Services with term lengths of three (3) months or longer, Ipotane UG(VitoHost) shall provide notice of the upcoming charge to User no later than thirty (30) days prior to the payment date for each Renewal Period. This notification will be sent to the contact email address on file for the Account. Unless you disable the automatic renewal option, we will automatically renew the Services up to fifteen (15) days before your renewal date and will take payment from the payment method we have on file.Ipotane UG(VitoHost) may make multiple attempts to collect payment from the payment method on file if the initial attempt is not successful.
  4. VPS and Dedicated Accounts.As a courtesy and not as an obligation, Ipotane UG(VitoHost) will automatically renew User’s VPS or Dedicated Hosting Account by charging the applicable fee for the regular rate to User’s current method of payment on file. For VPS or Dedicated Hosting accounts with a Term of one (1) month, this renewal will occur twenty-four (24) hours prior to the expiration of User’s Services. For accounts with a term of three (3) months or greater, this renewal will occur fifteen (15) days prior to the expiration of User’s Hosting Account and Ipotane UG(VitoHost) will provide notice of the upcoming charge to User no later than thirty (30) days prior to the payment date. In the event that a VPS or Dedicated Hosting Account that has been set to manual renewal by User expires, the account will be suspended seven (7) days after expiration if no payment is received. If the account has not been renewed after fourteen (14) days have elapsed following expiration, Ipotane UG(VitoHost) may continue to attempt to collect payment or the account may be terminated.
  5. Add-On Services.If you purchase certain add-on services from Ipotane UG(VitoHost) such as Domain Privacy, SSL certificates, or SiteLock, you may be required to apply the Service to a specific domain name to begin using the Service. Ipotane UG(VitoHost) is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.
  6. Failure to Pay.If you fail to pay the fees due, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by Ipotane UG(VitoHost), including without limitation, any arbitration and legal fees and Ipotane UG(VitoHost)’s reasonable attorneys’ fees. If any check is returned for insufficient funds, Ipotane UG(VitoHost) may impose a minimum processing charge of $25.00 plus any applicable taxes. Accounts will not be activated or reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost User Content that results from any suspension or reactivation. Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact Ipotane UG(VitoHost) directly after you make a late payment to reactivate the dedicated server.
  7. It is a violation of this Agreement to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.
  8. You have ninety (90) days to dispute any charge or payment processed by Ipotane UG(VitoHost). If you have a question concerning a charge you believe is incorrect, please call us and we will investigate. Our phone number is 877-245-6228. If you initiate a chargeback, there may be a minimum charge of $15.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.
  1. Term and Termination of the Services.
    • . Term of Services.The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the “Initial Term”). Unless you cancel prior to the end of the Initial Term or as otherwise stated in a notice sent to you at least thirty (30) days prior to the expiration of your then-current term, the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Period”). You acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file up to fifteen (15) days prior to the end of each Renewal Period, unless you terminate or cancel the Services prior to such charge as provided in this section. The “Term” of this Agreement shall include the Initial Term and all Renewal Periods, if any.
  1. Termination Procedure.You may terminate or cancel the Services you purchased at any time during the Term by giving Ipotane UG(VitoHost) notice by phone or chat. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in Ipotane UG(VitoHost)’s sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the thirty (30) day money-back guarantee if applicable. After the account is canceled, all User Content will be permanently removed from the server. Please make a backup of all User Content before you contact Ipotane UG(VitoHost) to cancel your account.
  2. Disabling automatic renewal option.Please see below procedure for opting out of automatic renewal.
    1. Disabling automatic renewal option for basic hosting services.You may disable the automatic renewal option for your hosting account via the Account Renewal form in the Control Panel. Additional instructions can be found here. After the account is downgraded to a free domain parking account or deleted, all User Content will be permanently removed from the server. Please make a backup of all User Content before you disable autorenewal. So long as your Account remains active, other products and services on the Account such as domain names or Domain Privacy will continue to autorenew.
    2. Disabling automatic renewal option for domain names or other add-on products.You may disable the automatic renewal option for domain names via DomainCentral in the Control Panel. For other add-on services (such as Domain Privacy), please contact Ipotane UG(VitoHost) by phone or chat for assistance.
  3. Termination by Ipotane UG(VitoHost).Ipotane UG(VitoHost) may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to Ipotane UG(VitoHost); (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Ipotane UG(VitoHost) or others, cause Ipotane UG(VitoHost) or others to incur liability, or disrupt Ipotane UG(VitoHost)’s business operations (as determined by Ipotane UG(VitoHost) in its sole discretion); (iv) you are abusive toward Ipotane UG(VitoHost)’s staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event, Ipotane UG(VitoHost) will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
  4. Modification of Services.Ipotane UG(VitoHost) reserves the right to modify, change, or discontinue any aspect of the Services at any time.
  5. Data Deletion.Upon termination of the Services for any reason, User Content, User Websites, and other data will be deleted. You are always responsible for maintaining back-up copies of all User Content, User Websites, and other data. Ipotane UG(VitoHost) is not responsible for the loss of any User Content. Note: It is essential that users backup files offline, even if user purchases or has products provided by Ipotane UG(VitoHost).
    • . 14 Day Money-Back Guarantee
      • . If you purchase an account with a thirty (30) day money-back guarantee, you may receive a full refund of all basic hosting fees paid (the “Money-back Guarantee Refund”) if you cancel within the first thirty (30) days of the Initial Term (the “Money-back Guarantee Period”). To request a Money-back Guarantee Refund, please contact our billing department by calling 877-245-6228 or by using LiveChat. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this section.Money-back Guarantee Refunds only apply to basic hosting services and do not apply to domain registration fees, setup fees, or any fees for additional Services.
  1. The Money-back Guarantee Refund is valid for PayPal and credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods. Any refunds are made at the sole discretion of Ipotane UG(VitoHost).
  2. Only first-time hosting accounts are eligible for the Money-back Guarantee Refund. For example, if you previously had an account with Ipotane UG(VitoHost) and you canceled your account and signed up for a new account, you will not be eligible for the Money-back Guarantee Refund on the second account. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
  1. Domain Name Refund.If your plan includes a free domain name and you are entitled to a Money-Back Guarantee Refund pursuant to the terms above, our standard fee of $15.00 for the domain name (and any applicable taxes) (the “Domain Name Fee”) will be deducted from your refund if you would like to keep your domain.
  1. Ipotane UG(VitoHost) as Reseller or Licensor.Ipotane UG(VitoHost) is acting only as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Ipotane UG(VitoHost) Products”). Ipotane UG(VitoHost) shall not be responsible for any changes in the Services that cause any Non-Ipotane UG(VitoHost) Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Ipotane UG(VitoHost) Products either sold, licensed or provided by Ipotane UG(VitoHost) to you or purchased directly by you used in connection with the Services will not be deemed a breach of Ipotane UG(VitoHost)’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Ipotane UG(VitoHost) Product are limited to those rights extended to you by the manufacturer of such Non-Ipotane UG(VitoHost) Product. You are entitled to use any Non-Ipotane UG(VitoHost) Product supplied by Ipotane UG(VitoHost) only in connection with your permitted use of the Services. You shall use your best efforts to protect and keep confidential all intellectual property provided by Ipotane UG(VitoHost) to you through any Non-Ipotane UG(VitoHost) Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Ipotane UG(VitoHost) Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
  2. Internet Protocol (IP) Address Ownership.If Ipotane UG(VitoHost) assigns you an Internet Protocol (“IP”) address for your use, you shall have no right to use that IP address except as permitted by Ipotane UG(VitoHost) in its sole discretion in connection with the Services during the Term. Ipotane UG(VitoHost) shall retain ownership of all IP addresses assigned to you by Ipotane UG(VitoHost), and Ipotane UG(VitoHost) reserves the right to change or remove any and all such IP addresses in its sole discretion.
  3. Resource Usage.
    • . Shared Hosting.
      • . Acceptable Use Policy. Hosting space is intended for use in accordance with Ipotane UG(VitoHost)’s Acceptable Use Policy, and is limited to Web files, active e-mail and content of the hosted User Websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. Ipotane UG(VitoHost) expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. Ipotane UG(VitoHost) may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete User Content for those User accounts that are found to be in violation of Ipotane UG(VitoHost) policies. You hereby agree that Ipotane UG(VitoHost) shall have no liability due to any action that Ipotane UG(VitoHost) may take, including without limitation suspension or termination of Services in connection with your violation of this section.
  1. Unlimited Hosting Space; excessive MySQL files.Ipotane UG(VitoHost) does not set arbitrary limits on the amount of disk space a User can use for the User’s Website, nor does Ipotane UG(VitoHost) charge additional fees based on an increased amount of disk space used, provided User’s use of the disk space complies with this Agreement (i.e. files are used for User Websites and not for storage). Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Ipotane UG(VitoHost) may request that a User’s number of files/inodes, database tables, or total database usage be reduced to ensure the proper performance of the Services or may terminate User’s account, with or without notice.
  2. Unmetered File Transfer.Ipotane UG(VitoHost) does not set arbitrary limits on the amount of visitor traffic User Websites can receive or on the amount of content a User can upload to User Websites in any given month, nor does Ipotane UG(VitoHost) charge additional fees based on the increased use of bandwidth, as long as User’s use of the Services complies with this Agreement. In most cases, User Websites will be able to support as much traffic as User can legitimately acquire. However, Ipotane UG(VitoHost) reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Users.
  1. Virtual Private Servers (VPS) and Dedicated Servers Usage.
    • . Resource Usage. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
  1. Backup. Each User is solely responsible for backing-up all User Content, including any User Websites. Ipotane UG(VitoHost) is not responsible for the loss of any User Content.
  2. Subscriber Super-user Access.User acknowledges that User is solely responsible for any changes made with super-user access and that Ipotane UG(VitoHost) may not be able to reverse any changes and/or recover data lost or damaged through the use of super-user privileges. Ipotane UG(VitoHost)’s level of support to those Users accessing super-user privileges will be limited as follows:
    • Reinstallation of corrupted modules, such as Control Panel files, web server files, etc.;
    • Reinstallation of the baseline operating system and core file image at User’s. User acknowledges and understands that a new image install will cause the irreversible complete loss of all data stored on the server. Ipotane UG(VitoHost) is not liable for any data lost as a result of this action;
    • Restoration of files from available backups at User’s request. This restoration will be a full restore of the backup files; Ipotane UG(VitoHost) does not offer file-by-file restoration services;
    • Ipotane UG(VitoHost) will notattempt any configuration or setup of DNS, firewalls, web server, etc.; and
    • Ipotane UG(VitoHost) will attempt basic diagnostics upon User’s request. Ipotane UG(VitoHost) does not offer in-depth manual diagnostics as part of the Service. User may contact Ipotane UG(VitoHost) Professional Services to inquire about additional support offerings.
  3. Marketing Credits.Some Ipotane UG(VitoHost) hosting plans include free marketing credits offered by third party vendors which can be redeemed by customers located in the United States only. Additional terms and conditions apply:
    • . Full terms and conditions for Google Adwords can be found here
  1. Additional terms and conditions for Bing Ad Credits can be found here
  1. Parked Domain Services.By registering for the Services you agree that Ipotane UG(VitoHost) may point your domain name or DNS to one of Ipotane UG(VitoHost)’s or Ipotane UG(VitoHost)’s affiliates web pages as a default landing page, and that they may place advertising on your web page (the “Parked Pages”). You shall have no right to any compensation and shall not be entitled to receive any funds related to the monetization of your Parked Pages. If you do not wish for Ipotane UG(VitoHost) to display Parked Pages on your web page you can opt out of such practice. If you have a Unix account, you can opt out of Parked Pages through your Control Panel. If you have a Windows account, please contact support for instructions on opting out.
  2. MOJO Marketplace Terms.
    • . MOJO Marketplace automates the installation of certain open source applications. You are free to install open source applications independently of MOJO Marketplace by following the instructions provided by Ipotane UG(VitoHost) or the organization that developed the open source application. Any such open source applications are licensed from the applicable open source application provider and not from Ipotane UG(VitoHost).
      • . We do not provide support for the application once the application has been successfully installed. Any support requests regarding actual use of the application must be directed to the organization that developed the application.
  1. You are responsible for creating back-ups before upgrading to the next version.
  2. MOJO Marketplace is unable to guarantee that the version currently provided is the latest version being distributed by the vendor.
  • Any security risks including, but not limited to, hacking, phishing and information piracy are your sole responsibility.
  1. MOJO Marketplace reserves the right to discontinue applications at any time.
  2. MOJO Marketplace applications are installed at your own risk. We are not liable for lost data, lost profits, or any other damage caused by open source applications provided through MOJO Marketplace.
  3. Additional terms and conditions apply: Full terms and conditions for MOJO Marketplace can be found here
  1. Standard and Private-Label Reseller Programs.
    • . In addition to all terms and conditions described in this Agreement, the following shall also be applicable to a User participating in the Ipotane UG(VitoHost) Wholesale, Wholesale Plus, or Private-Label Resellers’ Programs (collectively, the “Reseller”):
      • . Reseller shall ensure that each User signed up by Reseller complies with the terms and conditions of this Agreement.
  1. Reseller cannot make any modifications to this Agreement. Any such alterations shall be deemed a violation of this Agreement and could result in the cancellation of Reseller’s accounts. Ipotane UG(VitoHost) is not responsible for any modifications made to this Agreement by Reseller.
  2. In the event that a User signed up by a Reseller is determined to be in violation of this Agreement, Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with this Agreement. In addition, Ipotane UG(VitoHost), in its sole discretion, reserves the right to take action directly if Reseller fails to do so.
  • Ipotane UG(VitoHost) is not responsible for the acts or omissions of Resellers. Reseller hereby agrees to indemnify Ipotane UG(VitoHost) from and against any and all claims made by any User or third party arising from the Reseller’s acts or omissions.
  1. Ipotane UG(VitoHost) reserves the right to revise its Wholesale, Wholesale Plus and Private-Label Reseller Programs at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth in any required notice provided by us in connection therewith.
  2. Resellers in the Wholesale Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the Reseller.
  3. The Reseller shall maintain accurate, current and complete contact information on each account and promptly update the contact information and any other information you provide to Ipotane UG(VitoHost), to keep such information accurate, current and complete.
  1. Technical Support Services.
    • . Except as described otherwise in paragraph (b) below, Ipotane UG(VitoHost) will provide technical support via chat and phone for Ipotane UG(VitoHost) Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing Ipotane UG(VitoHost)’s Technical Support Services, you grant Ipotane UG(VitoHost) permission to access your account, if necessary, to resolve your issue. You agree that Ipotane UG(VitoHost) and its agents and employees are not liable for any damage resulting from the provision of customer support.
  1. Ineligibility for Technical Support Services.Ipotane UG(VitoHost) will not provide Technical Support Services if (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of Ipotane UG(VitoHost)’s control; or (ii) your failure or refusal to implement changes recommended by Ipotane UG(VitoHost); or (c) you are abusive toward our staff in any manner.
  2. VPS and Dedicated Servers. Ipotane UG(VitoHost) will provide a default operating system installation on the dedicated server hardware that permits super-user server access to our support staff. User agrees and acknowledges that if User alters or removes this server access, Ipotane UG(VitoHost)’s ability to provide technical support to User may be severely limited.
  1. You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is entirely at your own risk. You further acknowledge and agree that Ipotane UG(VitoHost) exercises no control over, and accepts no responsibility for, the content of the information passing through Ipotane UG(VitoHost)’s host computers, network hubs and points of presence or the Internet.
  2. Limited Warranty.
    • . Ipotane UG(VitoHost) represents and warrants to you that the Services will be provided in compliance in all material respects with the applicable Services descriptions available on the Ipotane UG(VitoHost) website. Your sole and exclusive remedy, and Ipotane UG(VitoHost)’s sole obligation, for breach of the foregoing warranty shall be for Ipotane UG(VitoHost), at its option, to re-perform the defective Services at no cost to you. The foregoing warranties shall not apply to performance issues or defects in the Services (x) caused by factors outside of Ipotane UG(VitoHost)’s reasonable control; (y) that resulted from any actions or inactions of User or any third parties, whether or not authorized by User; or (z) that resulted from your equipment or any third-party equipment not within the sole control of Ipotane UG(VitoHost).
  1. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, IPOTANE UG(VITOHOST) AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “IPOTANE UG(VITOHOST) PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE IPOTANE UG(VITOHOST) PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, MALWARE OR OTHER HARMFUL CODE, OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE IPOTANE UG(VITOHOST) PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY IPOTANE UG(VITOHOST) OR IPOTANE UG(VITOHOST)’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. IPOTANE UG(VITOHOST) DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. IPOTANE UG(VITOHOST) DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR IPOTANE UG(VITOHOST) IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
  1. Limitation of Liability.
    • . IPOTANE UG(VITOHOST) SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE IPOTANE UG(VITOHOST) PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY THAT MAY RESULT FROM UNAUTHORIZED ACCESS TO OR MISUSE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, SENSITIVE INFORMATION OR OTHER INFORMATION OR DATA STORED THEREIN, OR INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, INCLUDING FROM INTERRUPTION OF SERVICES,, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, WHETHER OR NOT AUTHORIZED BY YOU, EVEN IF IPOTANE UG(VITOHOST) IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  1. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IPOTANE UG(VITOHOST)’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO IPOTANE UG(VITOHOST) FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
  1. You agree to indemnify, defend and hold harmless the Ipotane UG(VitoHost) Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Ipotane UG(VitoHost) Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.
  2. Governing Law and Legal Action
    • . Governing Law; Jurisdiction.Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this Agreement must be brought in a court within Germany. Each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Both you and Ipotane UG(VitoHost) hereby agree to waive all respective rights to a jury trial of any claim arising out of or relating to this Agreement.
  1. For all Users who signed up for or purchased Services on or after July 1, 2017, the Arbitration Agreement shall apply. The Arbitration Agreement includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described therein.
  2. Governing Law and Jurisdiction for users in the European Union
    • . For users in the European Union, this Agreement, and any non-contractual obligations arising out of, or in relation to it, shall be governed by and construed in accordance with the laws of England and Wales subject only to any mandatory provisions of consumer law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.
  1. You and Ipotane UG(VitoHost) irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
  2. Alternatively, you may raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution (ODR) Platform.
    • . Independent Contractor.Ipotane UG(VitoHost) and User are independent contractors and nothing contained in this Agreement places Ipotane UG(VitoHost) and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
  1. The headings herein are for convenience only and are not part of this Agreement.
  2. Entire Agreement.This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
  3. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
  4. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
  5. Assignment; Successors.You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Ipotane UG(VitoHost). Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Ipotane UG(VitoHost) may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
  6. Force Majeure.Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
  7. Third-Party Beneficiaries.Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against you as if it were a party to this Agreement.
  8. Government Regulations.You may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States (or, if you are outside of the United States, to anyone outside of your national jurisdiction) in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction you operate or do business.
  9. You agree that during the Term Ipotane UG(VitoHost) may publicly refer to you, orally and in writing, as a User of Ipotane UG(VitoHost) to the extent permitted by applicable law. Any other public reference to User by Ipotane UG(VitoHost) requires your written consent.

May 12, 2018.

Ipotane UG(VitoHost)’s Acceptable Use Policy (AUP)

Ipotane UG(VitoHost)’s Acceptable Use Policy (AUP)

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into Ipotane UG(VitoHost)’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. Ipotane UG(VitoHost) may modify this AUP at any time without notice.

You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws of the Commonwealth of Massachusetts, is prohibited. Ipotane UG(VitoHost) reserves the right to terminate the Services for any Customer that exposes Ipotane UG(VitoHost) to legal liability or threatens its ability to provide services to other customers. You agree to indemnify and hold Ipotane UG(VitoHost) harmless from any claims resulting from your use of the Services.

 

Quick Links

Prohibited Uses

You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law. Any content that, in our judgment, violates our Terms of Service, including this AUP, in any manner may be removed from our servers (or otherwise disabled), with or without notice. Examples of prohibited content and activities can be found in this section.

Zero Tolerance Spam Policy

Ipotane UG(VitoHost) maintains a zero tolerance policy for use of its network or services to send unsolicited bulk or commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”). Please review this section to avoid action under our AUP.

Defamation and Objectionable Content

Ipotane UG(VitoHost) respects that the Internet provides a forum for free and open discussion and dissemination of information. Accordingly, we generally do not screen, monitor or control customer content. However, if we are made aware of content that violates the law or this AUP, we will consider the matter and take appropriate action as determined in our sole discretion balancing the merits of the complaint with the right to freedom of expression.

Enforcement

Ipotane UG(VitoHost) may terminate your Services with or without notice upon any violation of this AUP. This section describes how Ipotane UG(VitoHost) may enforce this AUP.

Reporting AUP Violations

If you feel you have discovered a violation of our AUP, please review this section to learn about our reporting procedures.

  1. Prohibited Uses:
    1. No Illegal or Harmful Use –You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities:
      1. Disclosing private sensitive personal information about others;
      • Distributing malware or other malicious code;
      • Engaging in the unlawful distribution of controlled substances and drug contraband;
      • Engaging in the unlawful distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription;
      • Gambling;
      • Hosting child pornography or content that is potentially harmful to minors (Any website found to be hosting child pornography or linking to child pornography will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NMEC);
      • Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites;
      • Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at aa419.org & escrow-fraud.com;
      • Hosting or linking to an anonymous proxy server;
      • Infringing upon the Intellectual Property Rights of Others. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If you believe that your intellectual property rights are being infringed upon, please notify Ipotane UG(VitoHost) by completing the Report Member Violations form, or emailing us at info@vitohost.com
      • Money laundering;
      • Phishing or engaging in identity theft;
      • Selling weapons or ammunition;
    • No Unauthorized System Access or Network Abuse – You may not use the Services to gain access into any network or system without permission. Prohibited activities include:
  • . Accessing another network without permission, to probe or scan for vulnerabilities or breach security or authentication measures;
  1. Attacking other networks (i.e. Denial of Service (DoS) attacks);
  2. Intercepting or monitoring data without permission;
  • Running a file sharing site;
  1. Running any software that interfaces with an IRC (Internet Relay Chat) network;
  2. Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Ipotane UG(VitoHost)’s website or servers for any unauthorized purpose;
    • Don’t Hamper System Performance – Consuming excessive amount of server resources is prohibited. This leads to server performance issues and may cause a disruption to our systems or other customers. Use of any scripts or processes that may adversely impact our systems is prohibited.
    • No Adult Content – You may not use the Services to distribute pornography or other adult-related content or offer any escort services.
    • No Storage of Backups – Backing up personal data to a hosting account is prohibited. Our Services are designed to host your web site, not serve as a data repository. Ipotane UG(VitoHost) reserves the right to remove backups from your hosting account.
  1. Zero Tolerance Spam Policy
    • . You may not use the Services to send spam or bulk unsolicited messages. Ipotane UG(VitoHost) maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).
  1. “Safe lists,” purchased lists, and selling of lists will be treated as SPAM. We may terminate the account of any User who sends out SPAM with or without notice.
  2. Websites advertised via SPAM (i.e. Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may use our Services. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
  3. Please familiarize yourself with the CAN-SPAM Act. Information about the CAN-SPAM Act may be found by accessing the following link: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
  1. Defamation and Objectionable Content
    • . Ipotane UG(VitoHost) values the freedom of expression and encourages Users to be respectful with the content they post. As a webhost, Ipotane UG(VitoHost) is not a publisher of User content and is generally not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which Ipotane UG(VitoHost) may find objectionable, should be censored. Accordingly, Ipotane UG(VitoHost) generally requires a court order from a court of competent jurisdiction, as determined by Ipotane UG(VitoHost) in its sole discretion, to take down alleged defamatory or objectionable content. However, Ipotane UG(VitoHost) reserves the right to disable or remove any content to prevent harm to others or to Ipotane UG(VitoHost), as determined in Ipotane UG(VitoHost)’s sole discretion.
  2. Enforcement
    • .
      • . If there is a violation of this AUP by a User of a Reseller, Ipotane UG(VitoHost) will suspend the account in question and notify the Reseller so that the Reseller can address the matter with the User. The occurrence of additional violations on a User account may result in the immediate suspensions or termination of your Reseller account.
  1. Direct customers.
    • . Your Services may be terminated with or without notice upon any violation of this AUP.
  2. If applicable, violations will be reported to the appropriate law enforcement agency.
  3. A failure to respond to an email from our compliance team within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.
  4. We reserve the right to enforce, or not enforce, this AUP in our sole discretion.
  1. Reporting violations of this AUP.If you feel you have discovered a violation of our AUP please complete the Report Member Violations form, or email us at info@vitohost.com

Domain Registration Agreement

Domain Registration Agreement

THIS AGREEMENT HAS A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES.

 

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 and the registrant listed in the WHOIS contact information for the domain name. “We”, “us” and “our” refer to the registrars listed at the bottom of this document, any one of which will be the registrar for your domain name and all of which share common ownership, common terms and conditions, and a shared Services infrastructure. To determine which registrar your domain name is registered with, perform a WHOIS lookup at http://www.uwhois.com. You obtain the Services through your primary service provider, with whom we have a wholesale relationship (your “Primary Service Provider”). Your relationship with your Primary Service Provider may be governed by additional terms, as you and your Primary Service Provider may agree. “We,” “us” and “our” does not include your Primary Service Provider, except when specifically mentioned or unless your Primary Service Provider is one of us (i.e., if your Primary Service Provider is also one of the registrars listed at the bottom of this document).

 

YOUR AGREEMENT: By using the Services, you agree to all terms and conditions of this Agreement, the UDRP (defined below), the URS (defined below), and any rules, policies, or agreements published in association with specific Services and/or which may be adopted or enforced by the Internet Corporation for Assigned Names and Numbers (“ICANN”), any registry, or governments.

 

CHANGES TO THIS AGREEMENT: This Agreement may change over time, either through amendments by us, changes to ICANN policy or applicable law which may or may not be reflected in the text of this Agreement, or otherwise. Before any material changes to this Agreement become binding on you (other than changes resulting from a change in ICANN policy or applicable law), we or Your Primary Service Provider will notify you of such changes by, for example, sending email to you at your email address of record. If, as a result of such a change, you no longer agree with the terms of this Agreement, your exclusive remedies are (a) to transfer your domain name registration services to another registrar, or (b) to cancel your Services, including domain name registration services, with us. Your continued use of the Services following notification of a change in this Agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds you: (1) thirty (30) days after we or Your Primary Service Provider notify you of the change, or (2) immediately if such change is a result of a new or amended ICANN policy or applicable law.

 

REGISTRANT RIGHTS AND RESPONSIBILITIES: ICANN has developed, in consultation with registrars, a webpage that identifies important registrant rights and responsibilities. The document provides a “plain language” summary of terms related to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA), for posting on registrar websites. While some of the terms included do not specifically refer to registrants, those terms are included because of the potential import to understanding registrar/registrant relations. The document also summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the RAA. The summarization of terms within this document do not override or replace the terms set forth in the RAA or within those specifications or policy. Please review these important Registrant Rights and Responsibilities.

 

YOUR ACCOUNT: You must create an account to use the Services (“Account”). Your Account is typically managed and/or provided by your Primary Service Provider. You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of your Account by you or any third party.

 

ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:

 

You must provide certain current, complete and accurate information about you with respect to your Account information and with respect to the WHOIS information for your domain name(s). Within seven (7) days of any change to such information, you must update such information as needed to keep it current, complete and accurate. You must submit the following with respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Services: name, postal address, e-mail address, voice telephone number, and where available, fax number. The type of information you are required to provide may change and you must provide such information and keep your Account information current. Not providing requested information may prevent you from obtaining all Services.

 

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. If you do not provide complete name-server information, or if you purchase “Name Only” Services, we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from “Name Only” Services.

 

OBLIGATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION:

 

If, in obtaining Services, you provide information about or on behalf of a third party, you represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (b) obtained the third party’s express written consent to the disclosure and use of that party’s information as set forth in this Agreement.

 

You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful or abusive purpose, including but not limited to the infringement of any intellectual property right or other right; the distribution of malware; the abusive operation of botnets; phishing; fraudulent or deceptive practices; the unauthorized transfer to yourself or any other party of any domain name or Services; counterfeiting; or any other activity in violation of any laws, rules, or regulations (the “Illegal Uses”). Providing inaccurate or unreliable information, failing to update information within seven (7) days of any change, engaging in any Illegal Uses, or failing to respond for over fifteen (15) days to inquiries by us concerning the accuracy of Account and WHOIS contact information will constitute an incurable material breach of this Agreement and be a basis for suspension and/or cancellation of the Services.

 

You are responsible for regularly monitoring email sent to the email address in your Account. You may lose your rights to the domain name(s) or your right to receive the Services if you do not respond appropriately and timely to an email sent in conjunction therewith.

 

ACCESSING YOUR ACCOUNT:

 

In order to change any of your Account or domain name WHOIS information, you must access your Account with your Primary Service Provider, or your Account with us. It is your duty to safeguard your Account login identifier and password from any unauthorized use. Any person in possession of your Account login identifier and password will have both the ability and your authorization to modify your Account and domain name information, initiate transfers of your domain name(s) to other registrars, initiate registrant changes to your domain names which may terminate your rights to use such domain name(s), update DNS changes to your domain name(s) which may result in changes to the content associated with your domain name(s) and take other actions which may affect or terminate your rights and access to your domain name(s) and/or the Services.

 

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 such reasonable precautions include procedures for releasing Account access information to parties who claim to have lost Account access information. If we take reasonable precautions in relation thereto, 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, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND IN PARAGRAPH 13 BELOW IN THIS AGREEMENT.

 

If you contact us alleging that a third party has unauthorized access to your Account or domain names, we may charge you administrative fees, currently set at fifty dollars ($50) 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 name(s) to you. You will indemnify us for any reasonable attorneys’ fees and costs we may incur in relation to the matter, even if those fees and costs accrue as a result of defending an action, or responding to a threat of an action, initiated by you or a third party.

 

SHARING OF WHOIS INFORMATION:

 

We will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, any ICANN-authorized escrow service, 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 irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. 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, including by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us.

 

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 http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.

 

OUR SERVICES:

 

DOMAIN NAME REGISTRATION.

 

We are accredited registrars with ICANN for generic top level domain names (“gTLDs”) (such as .com, .net, .org, etc.). ICANN oversees registrations and other aspects of the gTLDs. We also are registrars for a variety of country code top level domain names (“ccTLDs”) (such as .co.uk, .de, etc.). For a partial list of registry administrators and for more information on gTLDs, see http://www.icann.org/tlds/.Domain name registrations are not effective until the registry administrator puts them into effect. Domain name registrations are only for limited terms which end on the expiration date. For domain names which are created as a new registration out of the pool of available domain names, the term begins on the date the domain name registration is acknowledged by the applicable registry. For domain name registrations which were not returned to the pool of available domain names, the term begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry.

 

We and your Primary Service Provider are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator, including those arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration. You acknowledge that domain name registration is a service, domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, domain name registration services do not create a property interest and you have no such property interest in any domain name(s) which you may register with us.

 

If you submit an application for pre-registration of a domain name, we do not guarantee that the domain name will be secured for you, or that you will have immediate access to the domain name if secured. In the event two (2) or more pre-registration applications are received for the same domain name and the domain name is secured, all applicants will be invited to a private auction to decide who gets the domain name. If you are such an applicant and wish to participate in the auction, you must first acknowledge any trademark claims notice that is shown to you and agree to any additional terms and conditions which may be applicable. We reserve the right to cancel any pre-registration request at any time and for any reason.

 

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 (“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. If the After Market Domain Name is already located with us as the domain registrar at the time of your purchase and it has ninety (90) days or less from the date of your purchase before expiration, we will renew your After Market Domain for you for free. If the After Market Domain Name is already located with us as the domain registrar at the time of your purchase and it has ninety-one (91) days or more before expiration, you are responsible for all renewal fees. 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 sixty (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.

 

NOT INCLUDED IN THE SERVICES:

 

We are not responsible to determine whether the domain name(s) you select, or the use you or others make of the domain name(s), or other use of the Services, infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use or allow others to use infringe legal rights of others.

 

We might be ordered by a court or arbitrator 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. Our policy is to comply with court orders from courts of competent jurisdiction as well as UDRP and URS Panel decisions. If you contact us informing us that you are contesting a court order from a court of competent jurisdiction, we may, but are not obligated to, place a transfer lock on the domain name pending the outcome of the dispute. If you contact us informing us that you are contesting an adverse UDRP or URS Panel decision, your time limits and procedures to do so are subject to the requirements set forth in the UDRP or URS. We will not delay implementation of a UDRP or URS Panel decision based solely on your informing us that you intend to contest the decision.

 

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, free trials, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other free services which we may introduce from time to time (as such list may be modified by us from time to time) (“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 any other advertising means, and we may aggregate for our own use, related usage data by means of cookies and other similar means. You will not be entitled to any of the proceeds we may earn as a result of such advertising. We may discontinue any Free Services at any time with or without providing you prior notice.

 

From time to time we may provide you with free or low-cost domain name(s) registration 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 the terms of this Agreement will apply 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 may be listed as the domain name registrant or we may delete such domain names or make them available to others. 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, 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.

 

SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:

 

We and your Primary Service Provider may reject your domain name registration application or elect to discontinue providing Services to you for any reason within thirty (30) days of a Service initiation or a Service renewal. Outside of this period, we and your Primary Service Provider may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) allegations of illegal conduct or infringement of any third party intellectual property right or other right, (v) failure to keep your Account or WHOIS information accurate and up to date, (vi) failure to respond to inquiries from us for over fifteen (15) calendar days, or (vii) if your use of the Services involves us in a violation or alleged violation of any third party’s rights or acceptable use policies, including but not limited to the transmission of unsolicited email or the violation or alleged violation of any intellectual property right or other right. No fee refund will be made when there is a suspension or termination of Services for cause.

 

At any time and for any reason, we may terminate the Services thirty (30) days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name within such thirty (30) day notice period or risk that we may delete your domain name, transfer the registration services associated with your domain name to ourselves or a third party, or suspend or modify Services related to your domain name. If we terminate Services for a reason other than cause, we will provide a pro-rata refund of your fees.

 

If we terminate or suspend the Services provided to you under this Agreement, 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 provided to you. If we have grounds to terminate or suspend Services with respect to one domain name or in relation to other Services provided through your Account, we may terminate or suspend all Services provided through your Account.

 

We and any registry reserve the right to deny, cancel, or transfer any domain name registration or transaction, or place any domain name(s) on lock, hold, or similar status, as we or the registry deem necessary, in either our or the registry’s unlimited and sole discretion: (i) to protect the integrity and stability of the registry; (ii) to comply with any applicable registry policies and/or procedures or ICANN rules and regulations, including without limitation, the registry agreement; (iii) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (iv) to avoid any liability, civil or criminal, on the part of us or the registry, as well as our or the registry’s affiliates, subsidiaries, officers, directors, and employees; (v) to correct mistakes by us, another registrar, or the registry in connection with the domain name; (vi) following an occurrence of any of the prohibited activities described in Section 4.b.ii above; (vii) per the terms of this Agreement; or (viii) for the resolution of disputes concerning the domain name.

 

 

FEES AND TAXES:

 

You agree to pay, prior to the effectiveness of the desired Services, the applicable Service fees set forth on the Pricing Page or otherwise communicated to you. In the event any of the fees for Services change, we will use reasonable efforts to give you thirty (30) days prior notice of such changes on the Pricing Page or by other reasonable means. Please check the Pricing Page often for any changes to our Services fees. 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 specifically provides for a refund. At our option, we may 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.

 

Unless specified otherwise, the fees for the Services do not include taxes. If we are required to pay ICANN fees or United States or international sales, use, property, value-added (“VAT”), royalty, license, or other taxes based on your use of the Services, then you must pay such fees or taxes. This section does not apply to taxes based on our income.

 

 

PAYMENT ISSUES: 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 Services, we and/or your Primary Service Provider may suspend access to any and all Accounts you have with us and/or your Primary Service Provider and all interests in and use of any domain name registration services, website hosting, and/or email services, including all data hosted on our systems and/or on the systems of your Primary Service Provider may be assumed by us or your Primary Service Provider, as the case may be, or may be terminated. We may reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fees and our then-current reinstatement fee set forth on the Pricing Page or otherwise communicated to you. Reinstatement of Services by your Primary Service Provider may be according to the terms between you and your Primary Service Provider relating to reinstatement. If you have an issue with credit card or other payment charges, you should contact your Primary Service Provider, first, and us, second, regarding the issue before you contact your credit card or other payment process company to request a charge back or reversal of the charges.

 

EXPIRATION AND RENEWAL OF SERVICES: 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. With respect to domain name registration services, we and/or your Primary Service Provider will email a renewal notification approximately one (1) month and approximately one (1) week prior to each such domain name’s expiration. In addition, if a domain name is not renewed, we and/or your Primary Service Provider will email an additional renewal notification within five (5) days after the expiration of such domain name’s registration. All renewal notifications will be sent to primary contact for the Account associated with the domain name registration. It is your responsibility to maintain current and accurate credit card information should any Services be placed on “auto-renew.” We and/or your Primary Service Provider will notify you when renewal fees are due. 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 Services, we may attempt to renew the Services a reasonable time before expiration, provided your credit card or other billing information is available and up to date. It is your responsibility to keep your billing information up to date and we are not required to, but may, contact you to update this information in the event that an attempted transaction is not processed successfully. Please note: for certain top level domain names, the automatic renewal option is not available.

 

EXPIRATION 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, 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, and we may either leave your WHOIS information intact or 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. For a period of approximately thirty (30) days after expiration of the term of domain name registration services, we may provide a procedure by which expired domain name registration services may be renewed. We may, but are not obligated to, offer this process, called the “reactivation period.” You assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. We may, in our sole discretion, choose not to offer a reactivation period and we shall not be liable therefore. The reactivation period renewal process, if any, may involve additional fees which we and your Primary Service Provider may determine. We may make expired domain name services(s) available to third parties, we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or expired domain name registration services may be re-registered to any party at any time.

 

After the reactivation period, if any, we may:

 

Discontinue the domain name registration services at any time thereafter without notice. In which case, certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. We will participate in this process, typically called the “Redemption Grace Period” (“RGP”), for each gTLD registry administrator that provides it. We may, in our sole discretion, choose not to participate in the RGP process with respect to any or all of your ccTLD domain name registration services and we shall not be liable therefore. If available, RGP typically ends between thirty (30) and forty-two (42) days after the end of the reactivation period of the domain name services. The current RGP fee is set forth on the Pricing Page and does not include any registration fees that may also be due. We are not obliged to contact you to alert you that the domain name registration services are being discontinued; or

 

Pay the registry’s registration fee or otherwise provide for the registration services to be continued. In which case, we may then set the name-servers and the DNS settings for the domain name services, we may 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 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. We do not have to pay you any of the proceeds we may earn as a result. We are not obliged to contact you to alert you that the domain name registration services are being continued. The domain name will be designated as being in the extended redemption grace period (“ERGP”), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay the ERGP fee (which is the same as the RGP fee) plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you have abandoned the domain name services, and relinquish all interests and use of the domain name services; or

 

If we auctioned the domain name services to a third party, we may transfer the domain name registration services to such third party. In which case, 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 may recover the domain name registration services prior to the end of the reactivation period, as such reactivation period applied to you. We are not obliged to contact you to alert you that the domain name registration services are or were auctioned. We do not have to pay you any of the proceeds we may earn as a result of such an auction.

 

TRANSFERS:

 

Transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP and URS as described in Section 17 of this Agreement, as these policies may be modified from time to time. 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). Alternatively, you should contact your Primary Service Provider to have your domain name(s) services locked or unlocked or to obtain the EPP “AuthCode.” If your Primary Service Provider is unresponsive, you may contact us to have your domain name(s) locked or unlocked or to obtain the EPP “AuthCode” though we may first contact your Primary Service Provider to request that the Primary Service Provider address the request. 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 sixty (60) days of initial registration, within sixty (60) 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. We will follow the procedures for both gaining and losing registrars as outlined in ICANN’s transfer policies. Transfer requests typically take five (5) 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 following a redemption of the domain name, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.

 

Upon initial registration, we may place a “Registrar Lock” (“ClientTransferProhibited” status) on your domain name services and 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, which may be done within your Account.

 

You explicitly authorize us to act as your “Designated Agent” (as defined in ICANN’s transfer policy) to approve each “Change of Registrant” (as defined in ICANN’s transfer policy) on your behalf.

 

OWNERSHIP OF INFORMATION AND DATA: 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. 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 the registrant and 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 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.

 

AGENTS AND LICENSES: If you are registering a domain name for or on behalf of someone else, you represent that you have the authority to and will bind that person as a principal to all terms and conditions provided herein. If you license the use of a domain name you register to us or a to third party, you remain the domain name holder of record, and remain responsible for all obligations at law and under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full 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.

 

LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE SERVICES, (b) USE OF THE SERVICES, (c) INTERRUPTION OF SERVICES OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (h) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (i) APPLICATION OF ANY DISPUTE POLICY. NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL 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 OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS (US$400.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

INDEMNITY: You hereby release and agree to indemnify, defend, and hold us, ICANN, the registry operators, and your Primary Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and court costs, for third party claims relating to or arising under this Agreement, including any breach of any of your representations, warranties, covenants or obligations set forth in this Agreement, the Services provided hereunder, or your use of the Services, including, without limitation, infringement or alleged infringement by you, or by anyone else using the Services, of any intellectual property or other right of any person or entity, or from the violation or alleged violation of any of our or ICANN’s operating rules or policies relating to the Services provided. We may seek written assurances from you in which you promise to indemnify, defend, 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. This indemnification is in addition to any indemnification (a) required under the UDRP, URS, or any other ICANN policy or any policy of any relevant registry; or (b) set forth elsewhere in this Agreement.

 

REPRESENTATIONS AND WARRANTIES: YOU REPRESENT AND WARRANT THAT 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 SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL OTHERWISE SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, 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. 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 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 SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICES. 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.

 

DISPUTE RESOLUTION POLICY: You are bound by all ICANN consensus policies and all policies of any relevant registry, including but not limited to: (i) the Uniform Domain Name Dispute Resolution Policy (“UDRP”), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm along with the UDRP Rules and all Supplemental Rules of any UDRP provider; and (ii) the Uniform Rapid Suspension System (“URS”), which is available at http://newgtlds.icann.org/en/applicants/urs, along with the URS Rules and all Supplemental Rules of any URS provider. The UDRP and URS may be changed by ICANN (or ICANN’s successor) at any time. 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 and URS in effect at the time your domain name registration is disputed by the third party. 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 and URS. If you or your domain name is the subject of litigation, we may deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate.

 

GOVERNING LAW AND JURISDICTION FOR DISPUTES:

 

Except as otherwise set forth in the UDRP, URS, 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 United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington.

 

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration in King County, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY FORM OF A CLASS PROCEEDING. Further, unless both you and we expressly agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class proceeding. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 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 Bellevue, Washington.

 

NOTICES: 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.

 

ADDITIONAL REGISTRY REQUIREMENTS. Some registries have additional contractual requirements that you agree to by registering domain names from those registries. You are responsible for reviewing any terms and conditions applicable to or provided by such registries.

 

GENERAL: This Agreement and all applicable ICANN policies and the policies of any relevant registry, including but not limited to the UDRP and URS, 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. You represent, warrant, and agree that upon entering into this Agreement, that you are not relying upon and have not relied upon any representation, promise, or statement made by anyone which is not recited, contained, or embodied in this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be 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. 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. The parties hereby incorporate the requirements of 41 CFR 60-1.4(a), 300.5(a) and 741.5, if applicable.

 

THE FOLLOWING REGISTRARS ARE REFERENCED IN THIS DOCUMENT:

 

eNom, Incorporated

Mobile Name Services Incorporated

Sipence, Incorporated

Vedacore.com, Inc.

eNom623, Inc.

eNom1039, Inc.

eNom1040, Inc.

eNom625, Inc.

eNom Canada Corp

NameCheap, Inc.

 

Questions?

 

Our policies are pretty standard, however should you have any questions or concerns, please Email us and we’ll be happy to clarify.

Ipotane UG(VitoHost)’s Anti-Spam Policy

Ipotane UG(VitoHost) maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the EU GDPR.

It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with EU GDPR Act by following this link: https://www.eugdpr.org/

 

You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:

  1. Use or contain invalid or forged headers

 

  1. Use or contain invalid or non-existent domain names

 

  1. Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path

 

  1. Use other means of deceptive addressing

 

  1. Use a third party’s Internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party

 

  1. Contain false or misleading information in the subject line or otherwise contain false or misleading content

 

  1. Fail to comply with additional technical standards described below

 

  1. Otherwise violate Ipotane UG(VitoHost)’s User Agreement, AUP and other Terms of Service

 

 

  1. Ipotane UG(VitoHost) does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. Ipotane UG(VitoHost) does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Users or subscribers, including but not limited to subscriber e-mail addresses, which are Ipotane UG(VitoHost)’s confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service.

 

  1. Ipotane UG(VitoHost) does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party’s use and enjoyment of any Ipotane UG(VitoHost) product or service.

 

  1. We monitor for SPAM all traffic to and from our servers. Customers suspected of using Ipotane UG(VitoHost)’s products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is Ipotane UG(VitoHost)’s policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.

 

  1. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Ipotane UG(VitoHost) may consider the lack of such proof of explicit affirmative permission of a questionable mailing.

 

  1. Users are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.

 

  1. Users are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services.

 

  1. It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use Ipotane UG(VitoHost) systems, networks or resources. E-mail not in compliance with this policy – regardless of source – which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of Ipotane UG(VitoHost) is prohibited.

 

  1. If Ipotane UG(VitoHost) believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Ipotane UG(VitoHost) may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

 

  1. Ipotane UG(VitoHost) reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a User without any notification. In addition to any and all other rights hereunder or otherwise, if a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in Ipotane UG(VitoHost)’s sole judgment, which could disrupt Ipotane UG(VitoHost)’s business operations, Ipotane UG(VitoHost) reserves the right to charge such Customer an administrative fee equal to $100.00 per each piece of SPAM sent.

 

  1. To report an incidence of SPAM, please send an e-mail to compliance@Ipotane UG(VitoHost)-inc.com.

 

  1. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of Ipotane UG(VitoHost)’s rights.

May 2018

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, IP adress or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form, Open a Support Ticket or enter information on our site.

Provide us with feedback on our products or services

How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
       To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
       To improve our website in order to better serve you.
       To allow us to better service you in responding to your customer service requests.
       To administer a contest, promotion, survey or other site feature.
       To quickly process your transactions.
       To ask for ratings and reviews of services or products
       To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect your information?
We do not use vulnerability scanning and/or scanning to PCI standards.
An external PCI compliant payment gateway handles all CC transactions.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
       Help remember and process the items in the shopping cart.
       Understand and save user’s preferences for future visits.
       Keep track of advertisements.
       Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you turn cookies off it will turn off some of the features of the site.
Third-party disclosure
Do we disclose the information we collect to Third-Parties?

We sell,trade, or otherwise transfer to outside parties your name, address,city,town, any form or online contact identifier email, name of chat account etc., screen name or user names, phone number, cookie number, ip address device serial #, unique device identifier, photo, video or audio file of child

We engage in this practice because,:
That informations are necessary for ICANN and the Registrar

Personally Identifiable Information.

Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in the future.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
       On our Privacy Policy Page
Can change your personal information:
       By emailing us
       By calling us
       By logging in to your account
       By chatting with us or by sending us a support ticket
       Others
Brief
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
       Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
       Send information, respond to inquiries, and/or other requests or questions
       Process orders and to send information and updates pertaining to orders.
       Send you additional information related to your product and/or service
       Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
       Not use false or misleading subjects or email addresses.
       Identify the message as an advertisement in some reasonable way.
       Include the physical address of our business or site headquarters.
       Monitor third-party email marketing services for compliance, if one is used.
       Honor opt-out/unsubscribe requests quickly.
       Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at
info@vitohost.com and we will promptly remove you from ALL correspondence.
Contacting Us
If there are any questions regarding this privacy policy, you may contact us using the information below.
Vitohost.com
Uhlandstr. 66

Wernau, Baden-Wuerttemberg 7324p

Germany
info@vitohost.com
+49 7153 9881162
Last Edited on 2018-05-20
May 2018

Who we are

Ipotane UG (haftungsbeschränkt)

Uhlandstr. 66
73249 Wernau

Phone: +49 7153 9881162
Telefax: +49 7153 9881164
E-Mail: Ipotanemedia@gmail.com

Responsible:
CEO  Navid Saeedfiroozeh

Registration:
Eingetragen im Handelsregister.
Registergericht: Stuttgart
Registernummer: HRB 759456