General Conditions For Website hosting and Provision of E-Mail Services by Purity Names Incorporated

These Conditions constitute an integral part of the Order Form for website hosting and e-mail services signed by you, or of the on-line order for website hosting and e-mail services as confirmed by you (hereinafter: “the Order Form”), and together with the Order Form or online form, as applicable, constitutes a binding Agreement between you and Purity Names Inc. (hereinafter: “Purity Names” or “the Company”).

You should read the Conditions thoroughly because you must confirm your acceptance of them. If you do not agree to these Conditions and wish to refrain from entering into a binding Agreement with the Company, you will be unable to receive the accompanying website hosting and e-mail services, or to renew these.

N.B.: Purity Names may, at its sole discretion and at any time, suspend or cancel the access to any one of the services provided to you under this Agreement if they are misused or if they are used contrary to these Conditions or in contravention of the law.

For the purpose of these Conditions the following specified terms shall have those meanings stipulated alongside them:

The Site” – One website of the customer on the World Wide Web, or a Virtual Private Server (VPS).

The Agreement” or “this Agreement” – These Conditions and the Order Form.

The Computer” – A server-computer connected to the Internet and located at the Company’s communications center or held by a third party.

The Domain Name” – The Site’s Domain Name.

The Contents” – A computer file of any sort whatsoever fed into the Site by means of a File Transfer Protocol (FTP) address allocated to the Customer by the Company.

Website hosting
  1. The Site will be installed and maintained on the Computer, subject to the performance of your obligations pursuant to this Agreement. Sites with special installation needs, as determined from time to time by Purity Names, at its sole discretion (e.g. the installation of DLL files in the Computer), will be installed on a computer specifically designated for Sites of this sort. Due to the nature of the stated special requirements, the Computer may be more sensitive to data security risks and less stable than other computers and you therefore agree to make no demands and/or claims and/or suits in connection with the said limitations of the Computer.
  2. The transfer of the Contents to the Site and updates from time to time shall be performed by you and at your liability only via an FTP address and an appropriate password or via any other access method to be allocated to you by Purity Names enabling your access to the Site. Keep your password secure and do not give it to any third party whatsoever who is not authorized by you to access the Site’s files.
  3. If your Site has a domain name, you hereby authorize Purity Names to undertake any action in your name and stead to ensure that the domain name points to the Site.
  4. If you have requested that applications be installed on the Site and/or that any activities be carried out on the Site which are not part of the Website hosting or the ancillary services provided for no consideration, as defined in the Order Form, you undertake to pay Purity Names the payment for such on an ‘as is’ basis usual with Purity Names from time to time for these applications and/or activities as a pre-condition for the installation and/or performance thereof.
  5. Exceeding the Site’s volume or the Site's traffic volume beyond that stipulated in the Order Form will be charged an additional charge as stated in Purity Names' price list for that time for each additional megabyte or part thereof and/or will cause the ceasing of the Site's activity until the excess volume issue will be resolved. It will be your full responsibility to resolve the excess volume issue, and Purity Names will not be responsible for any damage that may be caused to you due to the cease of activity of the site.
  6. Requests to carry out changes to the Website hosting, or technical aspects of its operation, or to any of the ancillary services ordered by you, shall be forwarded toPurity Names in writing. Purity Names shall respond to such requests to the best of its ability. If the change involves payment, its actual implementation shall be subject to payment of such consideration to Purity Names.
The Website's Content
  1. Purity Names' strict policy and discretion regarding hosting of websites using its services.
You have full and sole responsibility for the Site’s contents and Purity Names shall bear no liability in respect of them. You undertake, as a fundamental and substantive term of this Agreement, not to host or use any of Purity Names' services for any of your domain names to operate or otherwise link to,  present or otherwise refer to, any content and/or website containing the following types of content, and not to perform any of the following actions via Purity Names' computers:in your Site, and not to perform any of the following actions via Purity Names' computers:
 
1) pornography, including but not limited any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that the average person, applying contemporary community standards, would find is designed to appeal to, or is designed to pander to, the prurient interest, depicts, describes, or represents, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and taken as a whole, lacks serious literary, artistic, political, or scientific value;

2) distribution of spam including Unsolicited Commercial Email, Unsolicited facsimiles or Unsolicited Bulk email; and/or

3) hosting of Phishing or Pharming sites, and hosting of malware and distribution activity of such, whether, directly or indirectly.

4) any computer program, computer code or application containing a computer virus, including hostile programs known as Trojan Horses, Worms, Vandals, Malicious Applications, and so forth;

5) any content and/or action infringing or breaching property rights of others, including copyrights, patents designs, domain names or trademarks;

6) any content and/or act involving minors and identifying them, their personal details or their address and means of communicating with them - save for legal publication made with the consent of the guardian of every minor;

7) passwords, user names and other details enabling the use of computer programs, digital files, Internet sites or services, requiring registration or payment, without making the said payment or registration;

8) any illegal content and/or action, or any content and/or action encouraging, supporting, assisting or providing instructions or directing the execution of an act which is a criminal offence according to the laws of the State of Virginia;

9) any content and/or act constituting libel of a person or infringing his/her privacy;

10) any content and/or act prohibited for publication under law;

11) any content and/or act of an insulting, harassing, hostile, threatening, crude, racist nature or offending public sentiment and likely to form the grounds for a civil claim or constituting some other contravention of the laws of the state of Virginia and/or of the laws of the country in which Purity Names' server is used for the Website hosting;

12) any content and/or act likely to mislead consumers;

13) any content and/or act containing encouragement to participate in gambling or lotteries that are forbidden under Virginia law as well as any content and/or act concerning pyramid schemes (schemes characterized by one member bringing other members to join in return for monetary remuneration);

14) any content and/or act contrary to the accepted rules of using the Internet or which is likely to cause damage or to harm Internet users in general and customers of Purity Names in particular.
 
For the purposes of this clause, “an act” shall include an omission.

If you will violate this provision, you hereby declare and confirm that you agree that Purity Names has the right to stop the activity of your website's hosting account, change the DNS servers of your domain name and/or redirect the domain name to a page informing the public you have violated this provision of the registration agreement. This action will take place without a prior notice of any kind. Your access to the management of the hosting account and/or domain name will be blocked and you will only be able to transfer your hosting account and/or domain name to another registrar. Purity Names has sole discretion to act in accordance with this provision and your only recourse would be to transfer the hosting or your website and/or domain name to a different provider at your sole expense.

Limitation of Liability: Under no circumstances will Purity Names be liable to You under any contract, strict liability, tort (including without limitation, negligence) or other legal or equitable theory, for any direct, indirect, incidental or consequential damages in connection with the subject matter of this provision, even if Purity Names has been advised of the possibility of such damages. Without limiting the foregoing, in no event shall Purity Names' liability for damages or any other claim under or in connection with this provision shall exceed the aggregate of all payment amounts actually received by You for the domain name, during the twelve (12) months period prior to the event giving rise to such liability.
 
You hereby confirm that you have been given sufficient opportunity to read these rules, that you have actually read these rules and that you agree to them.
  1. You declare and confirm that you hold the full copyrights in the Site and the contents published in the Site and/or through the Site from time to time and/or that you have been granted the legal licenses to make use thereof.
  2. Purity Names does not undertake that the Site will arouse interest, what response (if any) will be received due to the Website hosting, who will respond to the contents published on the Site and how such response will be made. Consequentially, Purity Names will not bear any responsibility towards you and/or towards any other third party for responses sent to you, or for any consequence arising, directly or indirectly, from the publication of the Site and its contents. Neither shall Purity Names bear any liability whatsoever for use made by any third party of the Contents.
  3. If you have requested that the domain name be transferred so that it points to another computer which is not under Purity Names' ownership, you will be exclusively responsible for all the consequences arising from such transfer. In such a case you undertake, inter alia, to take, at your own expense, any action necessary in order to secure continuity in the delivery of e-mail messages to that computer.
Ancillary Services
  1. Purity Names provides additional ancillary services, some of which are provided as a free service to the customer and some of which are subject to additional payment – all pursuant to that specified in the Order Form. The scope of the ancillary services provided by Purity Names and the tariff to be collected for such will be determined from time to time by Purity Names at its sole discretion.
  2. Registration in Search Engines – The registration of the Site in search engines on the Internet by Purity Names requires additional and separate payment. You declare and confirm that you are aware that actual registration of the Site in these search engines is not under Purity Names' control, and after the submission of the Site, its actual registration is at the sole discretion of the operating body of the relevant site or search engine. N.B.: – In leading sites, months may pass from the time at which the site was submitted for registration until its actual registration (if it is found to be suitable for registration).
  3. Statistics – Purity Names shall provide you, at your request, and as a free service, with basic reports of registration logs containing details of activities on the Site. Purity Names may supply, for additional payment, statistical analysis services through programs monitoring various parameters of activity in the Sites contained in its Computers, e.g. the number of visits (‘hits’) to the Site, the Internet address from which the hits reached the Site, during which days and at what time, etc. Purity Names shall not be liable for the accuracy of the statistical analysis presented by these programs. This service is provided on an ‘as is’ basis.
  4. E-Mail Boxes – Purity Names shall provide you, at your request, with e-mail boxes, of the size, number and under the Conditions as specified in the Order Form. You hereby undertake as follows:
14.1 not to make use of the service for the sending of commercial mail, the sending of mail to distribution lists or the sending of chain letters, junk mail, unsolicited e-commerce (Spam), etc.;

14.2 not to make use of the service for the sending of messages or material (including attached files) which are illegal, harassing, fallacious, hostile, damaging, threatening, lewd, objectionable, controversial, encourage the commission of a criminal offence, are liable to form the basis of a legal action, a criminal charge or civil liability – including any material harmful to privacy or which is libelous;

14.3 not to send any message which infringes intellectual property rights or other rights of third parties, including copyrights and trade marks;

14.4 not to forward any material containing viruses, Trojan Horses, worms or any other harmful application of any kind or sort;

14.5 not to make use of the service for the execution of any act likely to upset the proper working order of any computing system whatsoever;

14.6 not to perform any operation likely to upset the services provided by Purity Names to any of the service subscribers;

14.7 not to create a false identity or fake e-mail address or to include misleading details in any material sent through the service;

14.8 to bear full and sole responsibility for the contents of your messages and the full consequences arising from such messages.
  1. Back Ups – Purity Names does not perform back-ups for the Site’s files and the data stored therein. You undertake to constantly and continuously keep an updated copy of the Site files and data and confirm that you shall have no claim, demand and/or suit against Purity Names for any loss of said files and data, for any reason whatsoever.
  2. Additional Services – Purity Names will provide you, at your request, with additional services offered by it, such as access to a secure server (SSL), a data base (MSSQL) and a control panel for the management of Site-related issues. Purity Names may collect additional payment for these services. The services are provided on an ‘as is’ basis and you will bear full and sole responsibility for the use of these services and any consequence arising from such.
Consideration
  1. In consideration for the services provided to you by Purity Names in connection with the Website hosting, you undertake to pay in advance to Purity Names those current amounts which are charged by Purity Names from time to time in respect of these operations. You can view the updated tariffs at which you will be charged on Purity Names' website at www.puritynames.com. Purity Names may, from time to time, alter, update, raise or reduce the consideration involved in the execution of these operations, and you shall have no claim, suit or demand with respect thereof.
  2. You confirm and agree that you are not entitled to receive a refund for payments made by you and/or which you have undertaken to pay to Purity Names, unless Purity Names has agreed otherwise, at its sole discretion, beyond that which is required of it and without it having any duty to do so. In order to eliminate any doubt, it is clarified that if you will request to cancel the service before the end of the period to which you committed in your order, you will not be eligible to any monetary refund, whether you actively used the service, and whether you made no active use of the service you ordered.
  3. You acknowledge and agree that until the consideration is paid to Purity Names to its satisfaction, or if the payment of the consideration has not been guaranteed to its satisfaction, then Purity Names will not provide the requested services. You acknowledge and agree that the non-payment of additional payments to Purity Names' satisfaction during the course of the Agreement will constitute a fundamental breach of the Agreement. In such a case, Purity Names may immediately cancel the Agreement and/or remove the Site from the Computer and/or prevent access to the Site without the need for any prior notice.
  4. Without prejudicing the rights of Purity Names under this Agreement and/or the provisions of any law, every payment not paid by the due date shall bear full linkage differentials vis-à-vis the consumer price index plus annual interest at the rate of 12% p.a., accumulating to the linked principal once every three months, all commencing from the due date for the payment to Purity Names and up until the actual payment. That stipulated in this Agreement shall add to Purity Names' rights under this Agreement and/or under the provisions of any law.
Payments
  1. In order to make a payment you must be the holder of a valid credit card belonging to one of the credit card companies with whom Purity Names has contracted. You hereby permit Purity Names to debit the credit card held by you with the consideration for the services purchased by you or for the renewal thereof.
  2. You may make the payment by transfer to Purity Names' bank account. In order to do this you must contact Purity Names by telephone and return to it the appropriate form of undertaking which will be sent to you, after signing such form, and execute the bank transfer accordingly.
  3. A payment by cash check to Purity Names can be made only upon a specific prior arrangement between you and Purity Names.
  4. Purity Names is not obligated to receive payments in any other manner.
Liability
  1. The Website hosting services at Purity names, including any ancillary service, are provided to the user on an ‘as is’ basis. You declare and confirm that, prior to your signing on the Order Form, you have examined the services, the capabilities and limitations thereof, and found them to be suitable to your needs and you waive any claim, demand and/or suit against Purity Names regarding the suitability of the services for your needs.
  2. Purity Names gives no undertaking that the storage of the Site, access to the Site from the Internet and any use of the files on the Site or the services to be provided by Purity Names will not be disturbed, will be provided in an orderly manner or without interruption, will be maintained securely and without errors, or will be immune from unauthorized access to Purity Names' computers or against damages, breakdowns, mishaps, including problems with hardware, software or communication lines to the Site at Purity Names or any of its providers. Purity Names shall not bear any liability, and you shall have no claim, demand and/or suit against Purity Names, in the event of the above stated occurring; however, Purity Names will act to the best of its ability to speedily repair any such breakdown.
The foregoing shall not apply if damage, breakdowns or mishaps are caused due to gross negligence or maliciousness on the part of Purity Names. In such a case you will be entitled to compensation only for direct damages caused to you and you shall not be entitled to any compensation for indirect damages and/or consequential damages. Under no circumstances shall Purity Names' liability under this clause exceed the amount of the monthly consideration you have paid to Purity Names during the six months preceding the occurrence of the damage. You declare and agree that this limitation of liability is the consequence of the distribution of risks between the parties and that it is reasonable and acceptable considering the terms of this Agreement and the amount thereunder.
 
Cancellation of the Agreement and Breaches
  1. Each party may notify the other of the cancellation of the Agreement by prior written notice of ten days. Your right to cancel the Agreement will only come into force three months after the date of your signing on the Order Form. In the event of the Agreement being cancelled your obligation to pay Purity Names the consideration for the entire period to which you committed in your order will not be affected. Purity Names may stay the release of files, data and domain name of the Site until the full payment of the consideration owing to it by you.
  2. If Purity Names has found, to the best of its judgment, that the Contents in the Site are in contravention of that stipulated in this Agreement and/or that you have fundamentally breached this Agreement and/or have misused a service provided to you by Purity Names and/or you have made use thereof in contravention of this Agreement, or in contravention of law, it may act in all or any of the ways stipulated below, and may do so in addition to other rights vested in it under this Agreement and/or under any law:
28.1 To cancel this Agreement and to immediately remove from the Computer, fully or partially, the Site in breach of this Agreement or to prevent access to the Site or any part thereof as stated, without prior notice, and at its sole discretion.

28.2 To immediately cancel any additional service provided to you by Purity Names without prior notice and at its sole discretion.

28.3 In the event of Purity Names receiving information from a third party proving, to the satisfaction of Purity Names, that said third party’s rights have been infringed by material published on the Site,Purity Names may, in addition to that stipulated so far, provide such third party with your details so that you and the party alleging the infringement of its rights can settle each other’s claims directly. Purity Names may also do so if it is proved, to its satisfaction, that a breach has been committed of any of the provisions of this Agreement prohibiting the publication of unlawful material, or material encouraging, supporting, assisting, providing instructions for the execution or directing the execution of an act constituting a criminal offence under the laws of the State of Virginia and/or under the laws of the country in which Purity Names' servers are used for the Website hosting. In any event, Purity Names will provide your details in the case of it being presented with a judicial order requiring it to do so.

28.4 Without derogating from that stipulated so far in this Agreement, the following actions shall also entitle Purity Names to act in the foregoing manner:

28.4.1 the sending of junk e-mail and/or commercial e-mail to large distribution groups who have not explicitly asked to receive it (Spam) and/or chain letters;

28.4.2 the execution of any act or omission likely to harm or cause damage to Internet users in general and users of Purity Names in particular;

28.4.3 the execution of any act or omission contrary to the customary rules of behavior on the Internet;

28.4.4 the execution of actions causing, or likely to cause, overuse of the Computer resources where the Site is stored, including overuse of processors;

28.4.5 the execution of actions harming, or likely to harm, the stability of the operating system and the ancillary systems and/or any other system administered or operated by Purity Names and/or anyone acting on its behalf;

28.4.6 the execution of actions harming, or likely to harm, data security on the storage servers and the electronic mail, including the operation of infinite loops, the running of harmful scripts, the operation of unstable software components, etc.;

28.4.7 deviation from traffic volume, hosting disk space volume or database size included in the storage package.
 
Indemnification
  1. You undertake to indemnify Purty Names, its employees, directors or anyone acting on its behalf for any damage, loss, loss of profits, payment or expense caused to them – including attorneys’ fees and legal expenses – due to the breach of your undertakings under this Agreement and/or in connection with the Contents published on the Site and/or in connection with the usage of any of the ancillary servers.
Intellectual Property
  1. Purity Names is the exclusive holder of the “Purity names” trademarks and of “Purity Names” and any graphic or other expression of these marks, including those which have not yet been registered. You undertake not to make use of the Purity Names trademarks, unless and only to the extent that you have been permitted to so by Purity Names in writing and in advance. If you have been permitted by Purity Names to include any of the words of “PurityNames” and “Purity Names” in your domain name, Purity Names shall continue to be the sole holder of these trademarks.
  2. If Purity Names has installed any application on the Site which has been developed by it and/or in which it holds rights (including a search engine), it hereby grants you a non-exclusive license to make use of the application on the Site. In order to eliminate any doubt, it is clarified that the full copyrights and/or intellectual property rights in every such application shall continue, at all times, to be the sole property of Purity Names. You undertake not to copy, distribute, transfer or give rights (including secondary licenses) in any such application.
Assignment of Rights
  1. You may not assign, pledge, mortgage or transfer your rights under this Agreement, unless you have received the prior written consent of Purity Names. Purity Names shall not refuse to grant its consent on unreasonable grounds. Inter alia, a monetary debt owed by the customer to Purity Names will be considered as reasonable grounds. No assignment, pledge, mortgage or transfer shall be valid if made in contravention of this clause.
General
  1. A print-out or statement from Purity Names' Computers will be evidence of the veracity of the contents thereof in the settling of any dispute between the parties and any proceedings before a judicial, administrative or other forum.
  2. That stated in this Agreement exclusively exhausts all that which has been agreed upon between the parties in the matter of the Website hosting and the additional services in this Agreement and no negotiations, agreements, presentations, undertakings, consents and/or promises preceding the signing of this Agreement are to be taken into consideration.
  3. The addresses of the parties for the purposes of this Agreement are as stated in the heading of the Order Form. Notices between the parties may be sent by registered mail, by courier, by fax and by e-mail. Any notice sent by one party to the other by registered mail shall be deemed to have been received three days after the date it was sent. Any notice delivered by courier shall be deemed to have reached its destination at the beginning of the first business day after its dispatch, subject to confirmation in writing of the execution of the dispatch. Any notice sent by facsimile or by e-mail shall be deemed to have reached its destination at the beginning of the first business day following its actual transmission, subject to telephonic confirmation of the transmission.
Change of Terms
  1. As the services provided by Purity Names develop and change rapidly, and over the course of time extensive business experience accumulates in this regard, Purity Names shall be entitled, from time to time, to change the provisions of the Agreement. The new terms of the Agreement will apply to you immediately upon renewal of the services ordered by you.
Arbitration and Judicial Jurisdiction
  1. Only the laws of the State of Virginia will apply to this Agreement.
  2. Any dispute arising between the parties, including disputes connected with the use of any of the services in issue in this Agreement, or connected to this Agreement, shall be brought for arbitration before an arbitrator who will be a lawyer knowledgeable in the field of e-commerce and the Internet. A list of arbitrators shall be presented to the Claimant and Respondent from which one will be chosen using the applicable rules.
  3. The arbitrator is entitled to grant provisional remedies and interim injunctions. Arbitration shall take place in the Fairfax County, Virginia. The dispute shall be settled by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of the Virginia Uniform Arbitration Act, incorporated by reference. The arbitrator shall be obligated to write a reasoned opinion. The arbitrator shall be required to state the grounds for his award.
  4. Notwithstanding the above, if any of the parties to this Agreement is sued by a third party in any legal proceedings whatsoever, the defendant may, despite the foregoing, have the other party to this Agreement joined as a litigant to those judicial proceedings and in such a case, arbitration shall not apply to this Agreement.
  5. This clause constitutes, for all intents and purposes, an arbitration Agreement between the parties.
  6. Subject to, and without derogating from the foregoing, in all matters which do not fall within the arbitrator’s jurisdiction, or in any matter in which this arbitration Agreement does not apply, for any reason whatsoever, the exclusive jurisdiction shall lie with the competent court in Fairfax County, Virginia.