PARADISE TECHNOLOGY SERVICE AGREEMENT
READ THIS AGREEMENT CAREFULLY BEFORE USING ANY PARADISE TECHNOLOGY SERVICE. SPECIFIC TERMS FOR WEB HOSTING AND DOMAIN SERVICE ARE LOCATED AT THE END OF THE AGREEMENT (Sections 15 and 16).
This is an agreement between Paradise Technology Limited, and you to provide Service ("the Service"). By establishing an account, using the Service, using Paradise Technology provided software, using the equipment or indicating agreement through the use of software or website, you agree to be bound by this Agreement, including future revisions and to use the Service in compliance with the current Paradise Technology Acceptable Use Policy.
If your Service has a specific initial term (like twelve (12) months) this agreement will continue on a month-to-month basis after the initial term is over. Paradise Technology reserves the right to change prices of the Service upon 30 days notice. Paradise Technology reserves the right to change features of the Service at any time. Current Service prices and features may be obtained by visiting our website www.pins.co.uk or by calling 0700 593 8009.
3. THE SERVICE
Depending on the type of Service that you sign up for, the Service may include internet access, software, hardware, email, webspace and other features. From time to time Paradise Technology may impose reasonable rules and regulations regarding the use of the Services.
The Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of Paradise Technology. Paradise Technology provides the Service on a “best effort” standard and does not guarantee upload or download speeds. Some line stabilization may be necessary for service. Line stabilization could include the lowering of provisioned line speed. Should the lowering of line speed occur, Paradise Technology will NOT be able to increase the line speed once the connection is stabilized. Some Services may only work using certain phone service carriers or non-PBX (including rollover/party line) phone systems.
Your Service may limit the amount of data that you can upload and/or download each month (“bandwidth”) or may be priced according to the amount of bandwidth you use per month. Please see the description of your particular Service by referring to the appropriate product page at for more information. If during any month, you exceed a monthly bandwidth limit associated with your Service, Paradise Technology may, going forward, change your Service to one permitting such bandwidth use (as provided for in the Service description) and you agree to the standard fees Paradise Technology charges for such Service. Paradise Technology will provide you with thirty (30) days notice of any such change to your Service.
Your service may incluse the use of a dial-up account. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or any other charges, including simultaneous login charges. Paradise Technology is not responsible for any long-distance, toll, or other charges you incur. Paradise Technology may change its POP numbers at any time. Paradise Technology reserves the right to direct you to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords, email addresses and IP addresses are Paradise Technology’s property and Paradise Technology may alter or replace them at any time.
To cancel the Service you must do one the following:
Send a FAX to 0700 593 8409. We require 30 days notice for service cancellation. To process your cancellation request, we require that you provide the following: (1) Written request submitted on company letterhead by your billing contact (2) Your customer or account number (3) Current phone number (4) Reason for canceling service. Cancellation will be effective at the end of the billing period 30 days after the notice of cancellation is received.
Send registered or recorded postal mail to Paradise Technology Limited, 14 Quayside Court, 46 Commercial Road, Weymouth, DT4 8AQ, United Kingdom
Paradise Technology may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if Paradise Technology, in its sole discretion, believes you have violated this Agreement, violated the Paradise Technology Acceptable Use Policy or if you fail to pay any charges when due. Termination notice will be by email, FAX or Postal Mail.
5. ACCOUNT REQUIREMENTS
In order to order and receive the Service, you must be at least 18 years old and may have to provide a valid credit card or other forms of payment. The Service must be available to your location. Some services require separate active telephone, cable, satellite or wireless service in order for the Service to work. You are responsible for charges for the Service regardless of the status of these separate services. Changing service providers may result in substantial interruption of the Service and may result in fees associated with cancellation and setting up a new account. Your computer may have to meet certain minimum requirements.
You will be charged a monthly service fee and applicable taxes and other fees. Some services may also include charges for hardware, activation or early cancellation. Paradise Technology may offer, from time to time, certain promotions with different terms, activation fees, and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately.
You are responsible for any charges to your account. Questions regarding charges to an account should be directed to Paradise Technology’s Billing Department at 0700 593 8009. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
Charges billed to your credit card or debit card, as applicable, each quarter for the Service and any additional usage, services, taxes and fees. Paradise Technology is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Paradise Technology. Payment by Cheque or Bank Transfer are due within 30 days of Paradise Technology sending you a statement via email in PDF attachment format. You agree to maintain valid and current credit card information on file with Paradise Technology.
If purchasing Services through a reseller, the reseller must pay all amounts owing for your account. If the reseller fails to pay Paradise Technology any amounts due, whether or not you have paid the reseller, your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. Delinquent accounts may be suspended or canceled at Paradise Technology’s sole discretion; however charges will continue to accrue until the account is canceled. Paradise Technology may bill an additional charge to reinstate a suspended account.
Overdue accounts may be subject to an interest charge of 5% per month on an ongoing basis.
For fixed-location services, like DSL, Cable, Satellite or other broadband service, moving to another location will require the service to be re-provisioned at the new location. This may result in substantial interruption of the Service and will result in fees associated with cancellation and setting up a new account. Early termination charges will apply even if the cancellation is for reasons of a move to another location.
7. YOUR ACCOUNT, PASSWORD, AND SECURITY
Upon registration, you will receive a username, password, and other account information. You and members of your household or business, if you have purchased a business account, are the only authorized users of your Paradise Technology account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify Paradise Technology immediately upon discovering any unauthorized use of your account.
Unless your service includes a Static IP, you will be allocated a Dynamic IP address. Paradise Technology reserves the right to timeout inactive connections. Paradise Technology technical support may be limited to Paradise Technology provided services, software and/or unmodified hardware. Your email and webspace may be inactivated if you exceed storage limits. You may reduce the size or purchase additional space. Usage and webspace exceeding the allotted amount of bandwidth may be billed for excess traffic. Email, webspace, and bandwidth limits are posted throughout our Web site at www.pins.co.uk. These limits may also be obtained by calling 0700 593 8009. Paradise Technology reserves the right to change limits at any time upon 30 days prior notice.
The Service that you have he may include equipment provided by Paradise Technology ("the Equipment"). The installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all of your existing computer files and data. Paradise Technology and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation purposes.
If you are unable to perform self-installation, Paradise Technology may suggest an outside vendor to help install the service. You will be responsible for all costs and scheduling associated with the installation by a third party. You are also responsible for all inside wiring repair necessary to install the service.
For DSL and Satellite: Services require Paradise Technology provided professional installment only. If the relationship is terminated by either party (You or Paradise Technology) before the Activation Date or if the Service is found to be unprovisionable, you must return all materials with all of its original packaging to Paradise Technology. If you choose to cancel the account after the Activation Date, you will be charged an early termination fee. Because satellite Service equipment is highly sophisticated and regulations for installing and pointing the antenna are very stringent, the equipment MUST be professionally installed by a certified installation technician.
Paradise Technology DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, Paradise Technology SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION.THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.
Paradise Technology will make its best effort to provide the Service. Because of the complex nature of internet service, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, Paradise Technology may cancel the installation process and refund any money that you have paid. Paradise Technology will notify you of its intent to cancel as soon as reasonably possible. It may take 30 or more days to determine if Paradise Technology is able to provide service. Paradise Technology shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.
9. MONITORING THE SERVICES
Paradise Technology has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Paradise Technology, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its customers. Paradise Technology may immediately remove your material or information from Paradise Technology’s servers, in whole or in part, which Paradise Technology, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy or other policies or laws.
10. SOFTWARE LICENSE
Paradise Technology grants to you a limited, nonexclusive, nontransferable and non-assignable license to install and use Paradise Technology software (including software from third-party vendors that Paradise Technology distributes; in object code format), its associated documentation, and any updates thereto (“Licensed Programs”) in order to access and utilize the Services. You agree to use the Licensed Programs solely in conjunction with the Services and for no other purpose. Paradise Technology may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to you. All third-party software license agreements can be found on our website at and are hereby incorporated and made a part of this Agreement by reference.
The Licensed Programs constitute confidential and proprietary information of Paradise Technology and Paradise Technology’s licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with Paradise Technology and Paradise Technology’s licensors. You shall not, and shall cause your employees and agents not to, disclose or transfer any portion of the Services to any third party. You further agree not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, remarket or otherwise dispose of any portion of the Services. You hereby acknowledge that, if Paradise Technology at any time or from time to time performs any customizations or modifications to Services, all rights and interests to such customizations or modifications shall be the sole property of Paradise Technology.
You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United Kingdom and other applicable laws and regulations.
For Web Hosting, Paradise Technology grants to Customer a non-exclusive, personal, non-transferable license to access and use the Services solely on and as part of Paradise Technology’s World Wide Web site and servers.
11. DISCLAIMERS AND WARRANTIES
CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH PARADISE TECHNOLOGY TO YOU AT NO ADDITIONAL CHARGE. PARADISE TECHNOLOGY WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE INITIAL TERM, PARADISE TECHNOLOGY OR ITS AGENT MAY REPLACE A DEFECTIVE HARDWARE ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER.THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF PARADISE TECHNOLOGY’S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN PARADISE TECHNOLOGY OR ITS CONTRACTOR. PARADISE TECHNOLOGY RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. PARADISE TECHNOLOGY WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF PARADISE TECHNOLOGY’S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PARADISE TECHNOLOGY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. PARADISE TECHNOLOGY MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH PARADISE TECHNOLOGY OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY PARADISE TECHNOLOGY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. PARADISE TECHNOLOGY AND IT EMPLOYEES OR AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, PARADISE TECHNOLOGY’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID TO PARADISE TECHNOLOGY DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.
PARADISE TECHNOLOGY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES;THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS,AND OTHER INFORMATION,AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF PARADISE TECHNOLOGY, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST PARADISE TECHNOLOGY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT.
This Agreement is governed by English law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by English law.
This Agreement, the Acceptable Use Policy, and Paradise Technology’s other Agreements and policies posted on Paradise Technology’s Web site constitute the entire agreement between you and Paradise Technology with respect to your use of the Service. Paradise Technology may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on Paradise Technology’s Web site: (www.pins.co.uk) and/or on your start pages and/or by email and/or in our various publications and mailings to you. 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 Paradise Technology.
You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of Paradise Technology, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. Paradise Technology will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Paradise Technology as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. Paradise Technology may subcontract any work, obligations or other performance required of Paradise Technology under this Agreement without your consent.
You shall indemnify and hold Paradise Technology harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), legal fees and expenses that Paradise Technology may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement, the Acceptable Use Policy, and Paradise Technology’s other agreements and policies and for any act or omission of you or your clients which are in any way related to the Paradise Technology Service.
14. TECHNICAL SUPPORT POLICY
Due to the wide range of hardware and software configurations and compatibility, it may not be possible for Paradise Technology to provide technical support for your current set of products or services. In certain circumstances, it may be necessary to refer you to the manufacturer of your hardware or software vendor for technical support of their products. Paradise Technology will provide support on a best efforts basis and will restrict any support purely to issues relating directly to Paradise Technology products and services.
15. ADDITIONAL TERMS FOR EMAIL AND WEB HOSTING SERVICE
In addition to the applicable terms above, the following terms apply specifically to Paradise Technology’s Email and Web Hosting Services where different from Sections 1-14.
A. Hosting and Email Services
During the term of this Agreement, Paradise Technology shall provide software services according to the Package selected by you. Current Packages may be found on Paradise Technology’s Web site at www.pins.co.uk. Packages shall be deemed incorporated by reference into this Agreement. You shall retain copies of such Package for future reference. Paradise Technology has the right to change prices, or add or delete product features of any existing product or Service. The right to change products or services extends to any software supporting a product or service. Paradise Technology has the right to discontinue products or services and the right to remove or reassign IP addresses of a customer’s web site. From time to time Paradise Technology may impose reasonable rules and regulations regarding the use of the Services.
B. Third Party Providers
In order to access and use the Services, you may be required to subscribe to other Services. In addition, you acknowledge that in order to access certain of the Services, you may have to agree to and execute agreements with third party providers who may charge additional fees and charges in addition to Paradise Technology.
C. Term and Termination
The Service shall be provided on a month-to-month basis. You may cancel the Service upon thirty (30) days prior notice. Paradise Technology may immediately and without prior notice terminate upon a violation by Customer of Paradise Technology’s acceptable use policy, non-payment of fees when due or after notice, you fail to correct any breach of this Agreement.
Upon any termination, Paradise Technology may permit Customer forty-eight (48) hours to download or otherwise copy any of Customer’s information and data residing on Paradise Technology’s facilities prior to removing such information and data from Paradise Technology’s facilities. Upon termination by Paradise Technology under its sole discretion, Paradise Technology may immediately remove all of Customer’s data and information from Paradise Technology’s facilities and Customer shall have no right to copy or download such data or information, and, in such event, all such information and data, including all copyrighted or copyrightable material therein, shall then become the property of Paradise Technology. In cases where Customer’s account has been cancelled, and Customer is requesting reactivation, Paradise Technology, at it’s option, may reactivate the same account, only if the account had been cancelled less than sixty (60) days prior. After sixty (60) days, Customer will be required to set up a new account.
You acknowledge that by reason of your relationship with Paradise Technology, you may have access to certain information and materials relating to Paradise Technology’s business, customers, software technology and marketing which Paradise Technology treats as confidential (collectively “Confidential Information”). You shall: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative of Paradise Technology; and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
16. ADDITIONAL TERMS FOR DOMAIN REGISTRATION AND ADMINISTRATION
In addition to the applicable terms above, the following terms apply specifically to Paradise Technology’s Domain Registration and Administration Service where different from Sections 1-14.
A. Domain Name Registration, Administration, and Renewal Services
Paradise Technology currently provides the Paradise Technology Services through services provided by a registrar accredited through the Internet Corporation for Assigned Names and Numbers ("ICANN") and Nominet. ICANN oversees the .com, .net, .org, .biz, and .info, top-level domains ("TLDs"). Nominet oversees the .uk top-level domains ("TLDs").Paradise Technology accepts applications to register and renew domain names with .com, .net, .org, .biz, .info, and .uk TLDs in Roman-alphabet languages.
Upon accepting your application to register or renew a domain name with a .com, .net, .org, .biz, .info, or .uk TLD, Paradise Technology essentially acts as your sponsor for that application. All .com, .net and .org domain name applications will be processed through Paradise Technology’s registrar. The registration and renewal applications we process are not effective until the domain name registration or renewal information you provide us is delivered to the registry administrator for the .com, .net, .org, .biz, .info, or .uk TLDs, as applicable, and the registry administrator puts into effect your domain name registration or renewal.
You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all .com, .net and .org domain name registrations or renewals. This can be found on the WWW at http://www.icann.org/dndr/udrp/policy.htm.
You acknowledge that you have read, understood and agree to be bound by all terms and conditions of Nominet's's Terms and Conditions Policy, as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all .uk domain name registrations or renewals. This can be found on the WWW at http://www.nominet.org.uk/nominet-terms
B. No Guarantee of Registration or Renewal
You acknowledge and agree that Paradise Technology does not guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since Paradise Technology cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further acknowledge and agree that Paradise Technology may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that Paradise Technology is not liable or responsible in any way for any errors, omissions or any other actions by any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You additionally agree to indemnify, defend and hold harmless Paradise Technology and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.
C. The Customer Relationship
By submitting the domain name registration application to Paradise Technology, you acknowledge and agree that you are a customer of Paradise Technology for purposes of the Paradise Technology Services. You further acknowledge that there is no customer relationship between you and Paradise Technology’s registrar created hereunder. You agree that upon termination of Paradise Technology’s relationship with its registrar, Paradise Technology may, in its sole discretion, with the assistance of its legacy registrar transfer your domain name registration to a new registrar partner at no additional charge to you and that this Agreement will continue in full force and effect.
D. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such application for registration, maintenance, or renewal are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights including, but not limited to, whether any foreign language translations of your domain name, infringe or violate someone else's rights.
E. Domain Name Registrant
Paradise Technology will assume the administrative and technical contact for the domain name, unless agreed otherwise with the registrant. Paradise Technology will not assure to be the registrant.
F. Fees; Renewals
As consideration for the Paradise Technology Services, you agree to pay Paradise Technology, upon submission of your domain name application, renewal application, or registrar transfer application to Paradise Technology, the then-current fees set forth in the Paradise Technology price schedule for such services. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then-current registration term. Paradise Technology reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
Your domain name application, renewal application, or registrar transfer request will not be submitted to Paradise Technology’s registrar until we receive actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by Paradise Technology in its sole discretion).
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to Paradise Technology as the entity that has paid the registration, renewal, or transfer fee for that registration to the registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal, or transfer fee and our then-current reinstatement fee.
Unless you instruct otherwise by contacting Paradise Technology, your domain name registration will be automatically renewed for a two-year registration term. In consideration for this automatic renewal, we will charge the credit card you used to secure the initial term of registration with us our then-current renewal fee. Should you wish to change either your billing information or the term of your renewal registration, you must do so at thirty (30) business days before the day that the domain name is due to expire by contacting Paradise Technology, otherwise your credit card will be charged. If the credit card you used to secure the initial term of registration with us has expired or is otherwise invalid, we will notify you of this fact and give you with an opportunity to provide us with a valid credit card or other reasonable assurance of payment (such reasonable assurance as determined by Paradise Technology in its sole discretion). If no such information is provided prior to the expiration date of the domain name, your domain name registration will not be renewed. At any time before the expiration of your domain name registration, you may renew your domain name by contacting Paradise Technology.
G. Revisions and Additions to this Agreement
You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that Paradise Technology may modify this Agreement, as well as any additional rules or policies that are or may be published by Paradise Technology, as necessary to comply with any ICANN-accepted or Nominet policy, or with any other agreements that Paradise Technology is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of any domain name registered through Paradise Technology shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by Paradise Technology, each with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be canceled or transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by Paradise Technology.
H. Use of Information
You hereby acknowledge and agree that, in connection with your use of certain of Services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. Except as set forth below, all other information that we may request from you in connection with domain name registration, administration, and renewal services is voluntary.
The information you are obligated to provide and keep current in connection with your use of Paradise Technology's domain name registration, administration, and renewal services is the following: (i) your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder); (ii) the domain name being registered; and (iii) the name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration.
You acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed.
I. Additional Information Maintained
In addition to the information you provide (the "User Information"), Paradise Technology may maintain records relating to any domain name application received by Paradise Technology, as well as any domain name registered through, administered, or renewed by Paradise Technology. We also maintain records relating to the Paradise Technology Services that we provide to you. These records may include, but are not limited to: (i) the original creation date of a domain name registration, renewal, or request for service; (ii) the submission date and time of a registration or renewal application to us and by us to the proper registry; (iii) communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us; (iv) records of your account, including dates and amounts of all payments and refunds; (v) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (vi) the corresponding names of those nameservers; (vii) the name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name; (viii) the expiration date of a domain name registration; and (ix) information regarding all other activity between you and us regarding your use of the Paradise Technology Services (collectively, "Other Information"). To process your registration or renewal application, Paradise Technology may provide the User Information and the Other Information to its registrar.
J. Obligations Relating to the Information You Provide
In the event that (i) in applying for the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby 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) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by Paradise Technology concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
K. Disclosure and Use of Information
You acknowledge and agree that Paradise Technology may make available information you provide or that we otherwise maintain to such public or private third parties as applicable laws require or permit. Paradise Technology may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act or Data Protection Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; or to protect Paradise Technology and our Members.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any Paradise Technology Services (including any updates to such information), whether during or after the term of your registration of a domain name or other services. You further acknowledge that Paradise Technology’s registrar may use certain of the information provided by Paradise Technology regarding your domain name registration or renewal application in a manner consistent with our registrar’s terms of usage and user agreement. Paradise Technology will only provide its registrar with that information necessary to process your registration. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by Paradise Technology.
Paradise Technology will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations that we describe in this Agreement.
Communications with Paradise Technology are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of Paradise Technology.
M. Ownership of Data
You acknowledge and agree that Paradise Technology owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to Paradise Technology a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction (other than as set forth in Section N of this Agreement) the following information: (a) the original creation date of a domain name registration, (b) the expiration date of a domain name registration, (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the Paradise Technology Services. Paradise Technology does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this Section M.
N. Agents and Licenses
You agree that, if you are using the Paradise Technology Services for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You accept liability for harm caused by wrongful use of the Paradise Technology Services. You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full 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. As further required by ICANN and Nominet, you shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.
O. System Performance Degradation
Paradise Technology’s delivery of the Paradise Technology Services depends upon its computer system and the computer system of its registrar, both of which are responsive to the demands of the domain name registration process. Occasionally, Paradise Technology’s computer system or its registrar’s computer system are subjected to exceptional volumes of incoming domain name registration requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of Paradise Technology’s or its registrar’s system processing and response time. Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming electronic messages, Paradise Technology reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high-volume traffic. Paradise Technology will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. Paradise Technology further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
P. Limitation of Liability
YOU AGREE THAT PARADISE TECHNOLOGY WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND PARADISE TECHNOLOGY’S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. PARADISE TECHNOLOGY ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE 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 PARADISE TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PARADISE TECHNOLOGY'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARADISE TECHNOLOGY SERVICES, BUT IN NO EVENT GREATER THAN ONE HUNDRED POUNDS STERLING (£100.00).
You agree to defend, indemnify and hold harmless Paradise Technology for any loss, damages or costs, including reasonable legal fees, resulting from any third-party claim, action, or demand related to (i) your use of the Paradise Technology Services, including, but not limited to, your application for registration, registration, or renewal of any domain name registered in your name, and (ii) your use of any domain name registered in your name. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
R. Representations and Warranties
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME YOU HAVE APPLIED FOR NOR THE MANNER IN WHICH IT IS INTENDED TO BE OR IS DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR USE OF THE PARADISE TECHNOLOGY SERVICES IS ACCURATE AND CURRENT. THE PARADISE TECHNOLOGY SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE PARADISE TECHNOLOGY 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, PARADISE TECHNOLOGY MAKES 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.
S. Suspension, Cancellation, Transfer or Modification
You acknowledge and agree that Paradise Technology may suspend, cancel, transfer or modify your use of the Paradise Technology Services at any time, for any reason, in Paradise Technology’s sole discretion. You also acknowledge and agree that Paradise Technology may suspend, cancel, transfer or modify your domain name registration if (a) you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by Paradise Technology, (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (c) you use your domain name in connection with unlawful activity. You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN-adopted or Nominet policy, (iii) any registrar or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that Paradise Technology shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as Paradise Technology receives (x) a properly authenticated notification from a court of competent jurisdiction, or (y) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.
You agree that, unless other instructions are posted on Paradise Technology’s Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Royal Mail or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Paradise Technology posted on Paradise Technology’s Web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
U. No Waiver
The failure of Paradise Technology to require your performance of any provision hereof shall not affect its right to require such performance at any time thereafter; nor shall the waiver by Paradise Technology of a breach of any provision hereof be taken or held to be a waiver of the provision itself.