Terms of Services
Terms of Services
The use
of services from SAAX d.o.o. [hereafter
referred to as “domene.si”] constitutes agreement to these terms.
Account Setup / Email on file
We will setup your account after we
have received payment and we and/or our payment partner(s) have screened the
order(s) in case of fraud. It is your responsibility to provide us with an
email address which is not @ the domain(s) you are
signing up under. If there is ever an abuse issue or we need to contact you,
the primary email address on file will be used for this purpose. It is your
responsibility to ensure the email address on file is current or up to date at
all times. If you have a domain name registered with “domene.si”, it is your
responsibility to ensure that the contact information for your domain account
and your actual domain name(s) is correct and up-to-date. “domene.si”
is not responsible for a lapsed registration due to outdated contact
information being associated with the domain. If you need to verify or change
this information, you should contact our sales team via email. Providing false
contact information of any kind may result in the termination of your account.
In case of high risk transactions, it will be
necessary to provide government issued identification and possibly a scan of
the credit card used for the purchase. If you fail to meet these requirements,
the order may be considered fraudulent in nature and be denied.
Ownership
The credit card holder or owner of
the PayPal e-mail address which is utilized for payment on
the account is designated as the authorized owner of the account.
WebHosting Transfers
Our transfers
team will make every effort to help you move your site to us. However,
transfers are provided as a courtesy service, and we can not
make guarantees regarding the availability, possibility, or time required to
complete an account transfer. Each hosting company is configured differently,
and some hosting platforms save data in an incompatible or proprietary format,
which may make it extremely difficult if not impossible to migrate some or all
account data. We will try our best, but in some cases we may be unable to
assist you in a transfer of data from an old host.
The free transfer services are
available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a
member of the transfers department with specific details to receive a price
quote.
Dedicated IP Address Allocation
Any dedicated IP order in addition
to ones provided with a hosting package may be subject to IP Justification.
Justification practices are subject to change to remain in conformity with
policies of American Registry for Internet Numbers (ARIN). We reserve the right
to deny any dedicated IP request based on insufficient justification or current
IP utilization.
Third Party Providers
All transactions with third party
providers are solely between the visitor and the individual provider. “domene.si” is not the agent, representative, trustee or
fiduciary of you or the third party provider in any transaction. Some products
provided by “domene.si” are provided under license with vendors, and the use of
any such third party products will be governed by the applicable license
agreement, if any, with such third party.
All discounts, promotions and
special third party offers may be subject to additional restrictions and limitations
by the third party provider. All transactions with third party providers are
subject to the terms and conditions under which the provider agrees with you to
provide the goods or services. You should confirm the terms of any purchase
and/or use of goods or services with the specific provider with whom you are
dealing.
We do not make any representations
or warranties regarding, and are not liable for, the quality, availability, or
timeliness of goods or services provided by a third party provider. You
undertake all transactions with these providers at your own risk. We do not
warrant the accuracy or completeness of any information regarding third party
providers.
Domain registration / transfer / renewal
You agree and understand that we
are official domain registrar for .SI domains but not for other domain
extensions, therefore we do not have our own nominet
tags or NIC tags for other ccTLDs and gTLDs.
We register domains through a
partner companies. We do place your details on the whois
output of the domain due to legal reasons however if you commit any sort of
illegal activity we reserve full right to provide the appropriate personnel
with your details in full.
You agree and understand the
General Terms and Conditions for Domain Name Registration under .si published at:
http://www.registry.si/policies-and-forms.html
You agree and understand the ADR
procedure for Domain Names under .si published
at: http://www.registry.si/adr.html
You agree and understand the
General Terms and Conditions and ADR procedure for other ccTLDs
published at:
http://www.domene.si/knowledgebase/603/ccTLD-Registry-Policy-
The customer agree to check for
updates at official Registy website for certain ccTLD.
You agree and understand the
General Terms and Conditions and ADR procedure for gTLDs
pulished at:
http://www.domene.si/knowledgebase/1352/gTLD-Registry-Policy
The customer agree to check for
updates at official Registy website for certain gTLD.
Website Content
All services provided by
“domene.si” may only be used for lawful purposes.
The customer agrees to indemnify
and hold harmless “domene.si” from any claims resulting from the use of our
services.
Use of our services to infringe
upon any copyright or trademark is prohibited. This includes but is not limited
to unauthorized copying of music, books, photographs, or any other copyrighted
work. The offer of sale of any counterfeit merchandise of a trademark holder
will result in the immediate termination of your account. Any account found to
be in violation of anothers copyright will be
expeditiously removed, or access to the material disabled. Any account found to
be in repeated violation of copyright laws will be
suspended and/or terminated from our hosting. If you believe that your
copyright or trademark is being infringed upon, please email us with the
information required.
Using a shared account as a
backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take
backups of your backups.
Examples of unacceptable material
on all Shared and Reseller servers include:
1. Topsites
2. IRC Scripts/Bots
3. Proxy Scripts/Anonymizers
4. Pirated Software/Warez
5. Image Hosting Scripts (similar to Photobucket or Tinypic)
6. AutoSurf/PTC/PTS/PPC sites
7. IP Scanners
8. Bruteforce Programs/Scripts/Applications
9. Mail Bombers/Spam Scripts
10. Banner-Ad services (commercial banner
ad rotation)
11. File Dump/Mirror Scripts (similar to rapidshare)
12. Commercial Audio Streaming (more than
one or two streams)
13. Escrow/Bank Debentures
14. High-Yield Interest Programs (HYIP) or
Related Sites
15. Investment Sites (FOREX, E-Gold
Exchange, Second Life/Linden Exchange, Ponzi,
MLM/Pyramid Scheme)
16. Sale of any controlled substance
without prior proof of appropriate permit(s)
17. Prime Banks Programs
18. Lottery/Gambling Sites
19. MUDs/RPGs/PBBGs
20. Hacker focused sites/archives/programs
21. Sites promoting illegal activities
22. Forums and/or websites that distribute
or link to warez/pirated/illegal content
23. Bank Debentures/Bank Debenture Trading
Programs
24. Fraudulent Sites (Including, but not
limited to sites listed at aa419.org & escrow-fraud.com)
25. Push button mail scripts
26. Broadcast or Streaming of Live Sporting
Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
27. Tell A Friend Scripts
28. Anonymous or Bulk SMS Gateways
29. Bitcoin Miners
Services, including all related
equipment, networks and network devices are provided
only for authorized customer use. Our systems may be monitored for all lawful
purposes, including to ensure that use is authorized,
for management of the system, to facilitate protection against unauthorized
access, and to verify security procedures, survivability, and operational
security. During monitoring, information may be examined, recorded, copied and
used for authorized purposes. Use of our system(s) constitutes consent to
monitoring for these purposes.
Any account found connecting to a
third party network or system without authorization from the third party is
subject to suspension. Access to networks or systems outside of your direct
control must be with expressed written consent from the third party. We may, at
its discretion, request and require documentation to prove access to a third
party network or system is authorized.
We reserve the right to refuse
service to anyone. Any material that, in our judgment, is obscene, threatening,
illegal, or violates our terms of service in any manner may be removed from our
servers (or otherwise disabled), with or without notice.
Failure to respond to email from
our abuse department within 48 hours may result in the suspension or
termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48
hours.
If in doubt regarding the
acceptability of your site or service, please contact
us and we will be happy to assist you.
Potential harm to minors is strictly
forbidden, including but not limited to child pornography or content perceived
to be child pornography (Lolita):
Any site found to host child
pornography or linking to child pornography will be suspended immediately
without notice.
Resellers: we will suspend the site
in question and will notify you so you may terminate the account. We will
further monitor your activity; more than one infraction of this type may result
in the immediate termination of your account.
Direct customers: Your services
will be terminated with or without notice.
Violations will be reported to the
appropriate law enforcement agency.
It is your responsibility to ensure
that scripts/programs installed under your account are secure and permissions
of directories are set properly, regardless of installation method. When at all
possible, set permissions on most directories to 755 or as restrictive as
possible. Users are ultimately responsible for all actions taken under their
account. This includes the compromise of credentials such as user name and
password. It is required that you use a secure password. If a weak password is
used, your account may be suspended until you agree to use a more secure
password. Audits may be done to prevent weak passwords from being used. If an
audit is performed, and your password is found to be weak, we will notify you
and allow time for you to change/update your password.
Zero Tolerance Spam Policy
We take a zero tolerance stance
against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists",
purchased lists, and selling of lists will be treated as spam. Any user who
sends out spam will have their account terminated with or without notice.
The list must be a Double Opt-In
list. This means a user has subscribed for a newsletter or other email
marketing messages by explicitly requesting it and confirming the email address
to be their own. Confirmation is usually done by responding
to a notification/confirmation email sent to the email address the end user
specified. The double opt-in method eliminates the chance of abuse where
somebody submits someone else's email address without their
knowledge and against their will. You will not be permitted to mail any mailing
list that you were given or purchased. In doing so, this will also be considered
spamming and may result in termination of the offending account.
Sites advertised via SPAM (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 be hosted on our servers. Any
account which results in our IP space being blacklisted
will be immediately suspended and/or terminated.
We reserves the right to require
changes or disable as necessary any web site, account, database, or other
component that does not comply with its established policies, or to make any
such modifications in an emergency at its sole discretion.
We reserves the right to charge the
holder of the account used to send any unsolicited e-mail a clean up fee or any
charges incurred for blacklist removal. This cost of the clean up fee is
entirely at the our discretion.
Payment Information
You agree to supply appropriate
payment for the services received from “domene.si”, in advance of the time
period during which such services are provided. Subject to all applicable laws,
rules, and regulations, all payments will apply to the oldest invoice(s) in
your billing account. You agree that until and unless you notify us of your
desire to cancel any or all services received, those services will be billed on
a recurring basis.
Once we receive your cancellation
and have confirmed all necessary information with you via e-mail, we will
inform you in writing (typically email) that your account has been canceled.
Your cancellation confirmation will contain a ticket/tracking number in the
subject for your reference, and for verification purposes. You should
immediately receive an automatic "Your request has been received..."
email with a tracking number. An employee will confirm your request (and
process your cancellation) shortly thereafter. If you do not hear back from us,
or do not receive the automatic confirmation email within a few minutes after
submitting your cancellation, please contact us immediately. We require that
cancellations of service are done to (a) confirm your
identity, (b) confirm in writing you are prepared for all files/emails to be
removed, and (c) document the request. This process reduces the likelihood of mistakes,
fraudulent/malicious requests, and ensures you are aware that the files,
emails, and account may be removed immediately after a cancellation request is
processed.
As a client of “domene.si”, it is
your responsibility to ensure that your payment information is up to date, and
that all invoices are paid on time. You agree that until and unless you notify
“domene.si” of your desire to cancel any or all services received (by the
proper means listed in the appropriate section of the Terms of Service), those
services will be billed on a recurring basis, unless otherwise stated in
writing by “domene.si”. We also reserve the right to bill your credit card or
billing information on file with us. We provide a 10 day
grace period from the time the invoice is generated and when it must be paid.
Access to the account will not be restored until payment has been received.
It is the customer's responsibility
to notify our sales team via email after paying for a domain renewal and to
ensure the email is received and acted upon. Domain renewal notices and
invoices are provided as a courtesy reminder and “domene.si” cannot be held
responsible for failure to renew a domain or failure to notify a customer about
a domain's renewal.
Subsequently, domain renewals are
billed and renewed 30 days before the renew date. It is the customer's
responsibility to notify our sales team via email at for any domain
registration cancellation. No refunds can be given, once a domain is renewed.
All domain registrations, and renewals are final.
“domene.si”
reserves the right to change the monthly payment amount and any other charges
at anytime.
Backups and Data Loss
Your use of this service is at your
sole risk. Our backup service runs once a week,
overwrites any of our previous backups made, and only one week of backups are
kept. This service is provided to you as a courtesy. “domene.si”
is not responsible for files and/or data residing on your account. You agree to
take full responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on
“domene.si” servers.
Hosting accounts
which have been cancelled or removed can not be backup.
Cancellations and Refunds
“domene.si”
reserves the right to cancel, suspend, or otherwise restrict access to the
account at any time with or without notice.
Exchange rate fluctuations for
international payments are constant and unavoidable. All refunds are processed
in EUR, and will reflect the exchange rate in effect on the date of the refund.
All refunds are subject to this fluctuation and “domene.si” is not responsible
for any change in exchange rates between time of payment and time of refund.
Customers may cancel at any. “domene.si” gives you an unconditional 45 day money back
guarantee on managed shared hosting, and reseller solutions for any customer
who paid the first invoice with a credit card or with Paypal.
Cancellations requested after the
initial 45 days for Shared and Reseller accounts will go into effect on the
renewal date for that particular hosting package. Unless specifically
requested, the account will remain active until the period expires. If the
account is eligible, any request for a refund outside of the initial 45 day period will be given on a prorated basis with any
previous extended term discount withheld. Refunds are to be determined once the
account has been canceled. Payments older than 60 days may require a refund via
PayPal or mailed check due to our merchant account policies and procedures.
The following methods of payments
are non-refundable, and refunds will be posted as credit to the hosting
account:
Bank Wire Transfers
Western Union Payments
Checks
Money orders
There are no refunds on dedicated
servers, administrative fees, and install fees for custom software. Refund
requests for .com, .net., and .org domain names (made
within the 45 day money-back guarantee period) will have the common market
value subtracted for those tld's. Any ccTLD's domain name purchases are non-refundable. Please
note that domain refunds will only be considered if they were ordered in
conjunction with a hosting package. Eligibility of said refunds will be
determined at the time of cancellation.
Only first-time accounts are
eligible for a refund. For example, if you've had an account with us before,
canceled and signed up again, you will not be eligible for a refund or if you
have opened a second account with us.
Violations of the Terms of Service
will waive the refund policy.
Resource Usage
User may not:
1. Use 25% or more of system resources for
longer then 90 seconds. There are numerous activities that could cause such
problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2. Run stand-alone, unattended server-side
processes at any point in time on the server. This includes any and all
daemons, such as IRCD.
3. Run any type of web spider or indexer
(including Google Cash / AdSpy) on shared servers.
4. Run any software that interfaces with
an IRC (Internet Relay Chat) network.
5. Run any bit torrent application,
tracker, or client. You may link to legal torrents off-site, but may not host
or store them on our shared servers.
6. Participate in any
file-sharing/peer-to-peer activities
7. Run any gaming servers such as
counter-strike, half-life, battlefield1942, etc
8. Run cron
entries with intervals of less than 15 minutes.
9. Run any MySQL queries longer than 15
seconds. MySQL tables should be indexed appropriately.
10. When using PHP include functions for
including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use
include("include.php")
11. To help reduce usage, do not force html
to handle server-side code (like php and shtml).
12. Only use https protocol when necessary; encrypting and decrypting communications is noticeably
more CPU-intensive than unencrypted communications.
Disk Space and Bandwidth Usage
You are allocated a disk space and
a monthly bandwidth allowance. This allowance varies depending on the hosting
package you purchase. Should your account pass the allocated amount we reserve
the right to suspend the account until the start of the next allocation,
suspend the account until more bandwidth is purchased at an additional fee,
suspend the account until you upgrade to a higher level of package, terminate
the account and/or charge you an additional fee for the overages. Unused
transfer in one month cannot be carried over to the next month.
Money back Guarantee
Each of ours managed shared and
reseller servers carry a 45 day unconditional money
back guarantee on them. If you are not completely satisfied with our services
within the first 45 days of your service, you will be given a full refund of
the contract amount. Remember, this is only for monthly shared or reseller
packages and does not apply to administrative fees, install fees for custom
software, or domain name purchases.
“domene.si”
will not activate new orders or activate new packages for customers who have an
outstanding balance with us. For a new order to be setup or a new package to be
activated, you must have a balance of $0.00, unless otherwise stated by
“domene.si” in writing.
Reseller: Client Responsibility
Resellers are responsible for
supporting their clients. “domene.si” does not provide
support to our Reseller's Clients. If a reseller's client contacts us, we
reserve the right to place the client account on hold until the reseller can
assume their responsibility for their client. All support
requests must be made by the reseller on their clients' behalf for security
purposes. Resellers are also responsible for all content stored or
transmitted under their reseller account and the actions of their clients'. “domene.si” will hold any reseller responsible for any of
their clients actions that violate the law or the terms of service.
Shared (non-reseller accounts): Client Responsibility
Shared accounts may not resell web
hosting to other people, if you wish to resell hosting you must use a reseller
account. Semi-dedicated servers are not backed up. You must maintain your own
backups.
Price Change
The amount you pay for hosting will
never increase from the date of purchase. We reserve the right to change prices
listed on “domene.si”, and the right to increase the amount of resources given
to plans at any time.
Coupons
Discounts and coupon codes are
reserved for first-time accounts *or first-time customers* only and may not be
used towards the purchase of a domain registration unless otherwise specified.
If you have signed up using a particular domain, you may not resign up for that
domain using another coupon at a later date. Any account found
in violation of these policies will be reviewed by our sales department
and the appropriate invoices will be added to the account. Coupon abuse will
not be tolerated and may result in the suspension or termination of the
account. Coupons or discounts are only valid towards the initial purchase, and
do not affect the renewal or recurring price.
Indemnification
Customer agrees that it shall
defend, indemnify, save and hold “domene.si” harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney's fees
asserted against “domene.si”, its agents, its customers, officers and
employees, that may arise or result from any service provided or performed or
agreed to be performed or any product sold by customer, its agents, employees
or assigns. Customer agrees to defend, indemnify and hold harmless “domene.si”
against liabilities arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection with “domene.si”; (2)
any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement and (4) any
defective products sold to customers from “domene.si” server.
Disclaimer
“domene.si”
shall not be responsible for any damages your business may suffer. “domene.si” makes no warranties of any kind, expressed or
implied for services we provide. “domene.si” disclaims
any warranty or merchantability or fitness for a particular purpose. This
includes loss of data resulting from delays, no deliveries, wrong delivery, and
any and all service interruptions caused by “domene.si” and its employees.
Disclosure to law enforcement
“domene.si”
may disclose any subscriber information to law enforcement agencies without
further consent or notification to the subscriber upon lawful request from such
agencies. We will cooperate fully with law enforcement agencies.
Changes to the TOS
“domene.si”
reserves the right to revise its policies at any time without notice.