This Universal Terms of Service Agreement ("Agreement") sets forth the terms and conditions of the use of our systems, software, platforms, APIs, and the use and/or purchase of our products and related services and for the purchase and/or use of any products and services acquired through W3Space from our partners and/or affiliates (collectively "Services").

In this Agreement "You" and "Your" refer to You as the user of our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "Us" and "Our" refer to W3Space LLC, as well as its subsidiaries and sister companies (“W3Space”). This Agreement explains Our obligations to You, and explains Your obligations to Us for using Our Services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.

When You use Our site, Your account (or You permit someone else to use it) to purchase or otherwise acquire access to Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement, along with the following policies and the applicable product agreements, which are incorporated by reference herein.

The following general policies apply to all Our Services:

We offer the following Services. Within each category, you will find the additional terms and conditions that apply to particular products and services.

1. Term of Agreement; Modification.

You agree that W3Space may, in its sole and absolute discretion, modify this Agreement and the Services it offers to You from time to time and that such modifications are effective immediately upon posting to this site. Your use of the site or Services, after such changes or modifications have been made, constitutes Your agreement to be bound by this Agreement as last revised. If You have purchased Services from W3Space, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as You take advantage of and use the Services.

2. Eligibility & Authority.

Our site and Services are available only to users who can form legally binding contracts under applicable law. By using this site and/or the Services, You represent and warrant that you are at least eighteen (18) years of age and not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If You are entering this Agreement on behalf of a corporate entity, You represent and warrant that You have legal authority to bind such corporate entity to the terms and conditions contained in this Agreement (and those additional agreements and policies incorporated by reference), in which case “You”, “Your” will also refer to such corporate entity. If, after acceptance of this Agreement, We find that You do not have the legal authority to bind said corporate entity, You will be personally responsible for the obligations contained in this Agreement and any/all related agreements that You enter into based on the Services You use, including but not limited to the payment obligations. W3Space shall not be liable for any loss or damage resulting from Our reliance on any instruction, notice, document or communication reasonably believed by Us to be genuine and originating from an authorized representative of Your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, We reserve the right (but undertake no duty) to require additional authentication from You. You further agree to be bound by the terms of this Agreement, and any other agreement and/or policies required by the Services purchased, for transactions entered into by You, anyone acting as Your agent and anyone who uses Your account or the Services, whether or not authorized by You.

3. Accounts; Accurate Information; Transfer of Data Abroad.

Accounts & Accurate Information. In order to access some of the features of this site or use some of the Services, You will have to create an Account. You represent and warrant that all information You submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. You further agree to maintain accurate information by providing updates to Us, as needed, while You are using the Services. You agree that You will notify W3Space within five (5) business days of any change in the information You provided as part of the application and/or registration process and as required by Your Account. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by W3Space to determine the validity of information provided by You will constitute a material breach of this Agreement.

If We have reason to believe that Your Account information is untrue, inaccurate, not current, misleading or incomplete, We reserve the right, in Our sole and absolute discretion, to suspend or terminate your Account and any Services.

You are solely responsible for the activity that occurs on Your Account, whether authorized by You or not, and You must keep your Account information secure, including without limitation Your customer username/login, support pin code, password, API key (if any) and any/all content which might include payment details.

You must notify W3Space immediately of any breach of security or unauthorized use of Your Account. We will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss We or others incur caused by Your Account, whether caused by You, or by an authorized person, or by an unauthorized person. Further, You agree that We may charge You administrative fees equal to $50 (US Dollars) per hour for Our time spent in relation to said matter, regardless of whether or not We return control over the Account and/or domain names in question to You.

Transfer of Data Abroad. If you are visiting this Site and/or using Our Services from a country other than the country in which Our servers are located, Your communications with Us and/or use of Our Services may result in the transfer of personal information (including Your Account information) across international boundaries. By visiting this Site, using Our Services and communicating electronically with Us, You consent to such transfers.

4. Data Protection, Use & Processing.

W3Space offers certain hosted Services available to you that may involve the submission, collection and/or use of personally identifying or identifiable information about you and your own customers (“Your Data”) in the course of your use of these Services (“Covered Services”). Your Data, for the purpose of this Section, excludes any User Content. W3Space’s Controller to Processor  Data Processing Addendum  (“DPA”), which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the processing of Your Data, including transfers of Your Data from the EEA is compliant with applicable data privacy laws.

For the purposes of the Controller to Processor DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of the terms of service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgment and acceptance of the DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable). If you wish to print, sign and return a physical copy of the Controller to Processor DPA, please send an email request to info@w3space.net

Covered Services, as defined in this Section and in the Controller to Processor DPA, include hosted services that are subject to the terms and conditions of the following Agreements.

5. Availability of Website & Services.

We shall use commercially reasonable efforts to attempt to provide this site, the Services available to purchase on Our site and Our Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that We undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that We have no control over the availability of this Site or Services on a continuous or uninterrupted basis, and that We assume no liability to You or any other party with regard to such, including but not limited to loss of revenue.

From time to time, W3Space may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. Beta Services, unless otherwise exempted, are subject to the following:

If You elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that Your use of the Beta Services may expose You to unusual risks of operational failures; (iii) The Beta Services are provided as is, so We do not recommend using them in production or mission critical environments; (iv) We reserve the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) W3Space may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding Your experience with the Beta Services in a form reasonably requested by Us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use Your feedback for any purpose, including product development purposes. At Our request You will provide Us with comments that We may use publicly for press materials and marketing collateral. Any intellectual property inherent in Your feedback or arising from Your use of the Beta Services shall be owned exclusively by W3Space; (viii) You acknowledge and agree that all information regarding Your use of the Beta Services, including Your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to W3Space; (ix) the Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, W3Space disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

W3Space offers, as part of the Services available to You, products and/or services from third parties. These products and/or services are subject to the terms of this Agreement, including any additional policies and agreements required, and this Agreement controls as between You and W3Space. Nothing contained in any agreement executed between You and a third party provider shall eliminate, reduce or add to the obligations of W3Space as described herein.

All paid Services are non-refundable, unless otherwise specified.

6. Account Panel.

The account panel associated with Your Account (“Account Panel”) enables You to purchase, renew, extend, suspend or cancel Service(s). You acknowledge and agree that You will not use the Account Panel to abuse and/or overload any of Our Systems or Services or any API. Abuse of the Account Panel will be determined in Our sole and absolute discretion. It includes but is not limited to repetitive, high volume requests, inquiries, calls or other excessive use or abuse of Our Systems or Service(s) or any API. You further agree to abide by such guidelines on acceptable use of Our Services (and/or the Account Panel) as set forth by Us, which may change at any time in Our sole and absolute discretion. In addition to any other right to terminate, W3Space specifically has the right to immediately terminate Your Account, without notice or right to cure, in the event that You violate this term.

7. Acceptable Use Policy (AUP).

You acknowledge and agree to the following with respect to all of Our Services:

A. You will use all Services for lawful purposes only and You will comply with the terms of this Agreement and any other agreements you have entered into by virtue of purchasing or using Our Service(s) in addition to all applicable local, state, national and international laws, rules and regulations.

B. You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about any other user or any other person or entity without their express permission.

C. You will NOT use our site or Services in a manner (as determined by Us in our sole and absolute discretion) that:

• Violates the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government and/or international laws or customary industry acceptable use standards;
• Promotes, encourages or engages in child pornography or the exploitation of children;
• Promotes, encourages, engages or displays cruelty to humans or animals;
• Promotes, encourages or engages in terrorism, violence or hatred against people, animals or property;
• Transmits any unsolicited commercial or bulk email, or engages in any activity known or considered to be spamming or Mail Bombing;
• Makes any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;
• Makes, attempts or allows any unauthorized access to W3Space website, servers, account, Your own hosting account or the account of any other customers of W3Space;
• Allows any remote code execution of malicious software through a hosting account or any APIs provided by W3Space;
• Causes denial of service attacks, port scans or other endangering and invasive procedures against W3Space servers and facilities or the servers and facilities of other network hosts or Internet users;
• Forges the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the user;
• Infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party;
• Contains viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs designed to, or capable of disrupting, damaging or limiting the functionality of any software or hardware;
• Contains any kind of proxy server or other traffic relaying programs;
• Uploads unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc.), cryptocurrency miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts;
• Engages in or instigates actions that cause harm to W3Space or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc.;
• Reverse engineers any API or attempts to use an API to obtain confidential information;
• Circumvents an API in order to violate W3Space restrictions such as, but not limited to, accessing products and services owned by other customers, avoiding payment for Services;
• Overloads Our systems, including APIs, in any way; or
• Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription;
• Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity.

D. You will not access W3Space Content (defined below) or User Content (also defined below) through any technology or means other than through this site itself, or as We may designate.

E. You agree to back-up all of Your User Content, including email and applicable content, so that You can access it when needed. W3Space does not warrant that We back-up any account, User Content and/or email and applicable content, and You agree to accept as a risk the loss of any and all of Your User Content.

F. You agree to provide government-issued photo identification and/or government-issued business identification, plus whatever else We deem required and necessary, in order to verify Your identity.

W3Space reserves the right to refuse Services to anyone upon Our discretion. Any material that in W3Space’s judgment is either obscene or threatening is strictly prohibited and will be removed from W3Space servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund.

You agree that We have the sole right to decide what constitutes a violation of the AUP described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our AUP is found, W3Space will take corrective action upon Our own discretion and will notify You. W3Space’s decision in such case is binding and final, and cannot be a subject of a further change. W3Space cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to W3Space or any other third party.

You further agree to the product and service specific AUPs which are incorporated herein by reference:

Acceptable Use Policy & W3Space Acceptable Use Policy for web hosting clients

8. W3Space Content; User Content.

In addition to the general rules above, the provisions in this section apply specifically to Your use of W3Space Content and User Content posted to W3Space’s site (i.e. those sites which We directly control or maintain). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) You may have in content posted to Your websites.

W3Space Content. Except for User Content, with respect to all content on this site and the Services We offer, all right, title and interest in and to all (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by W3Space, and/or where applicable its partners and affiliates, and You agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to You, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement.

W3Space Content is provided to you “as is”, “as available” and “with all faults” for Your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without Our express prior written consent. No right or permission under any copyright, trademark, patent, or other proprietary right is granted by this Agreement. We reserve all rights not expressly granted in and to the W3Space Content, this site, Our Services, and this Agreement do not transfer ownership of any of these rights.

User Content. Some of the features of Our site(s) or the Services may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos, (c) reviews, rankings and/or product ratings (“User Reviews”) (collectively “User Content”). User Content also includes all content submitted through your Account. By posting or publishing User Content to this site or to the Services We offer, You represent and warrant to Us that (i) You have all necessary rights to distribute User Content via this site or via the Services, either because You are the author of the User Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this site or Our Services (including without limitation those features that prevent or restrict use or copying of any W3Space Content or User Content) or enforce limitations on the use of this site or Our Services, the W3Space Content or the User Content therein.

9. W3Space’s Use of User Content.

The provisions in this section apply specifically to W3Space’s use of User Content posted to Our websites (i.e., those sites which W3Space directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) You may have in content posted to Your hosted websites.

In General. You shall be solely responsible for any and all of Your User Content or User Content that is submitted through Your Account, and the consequences of, and requirements for, distributing it.

User Submissions & User Reviews. You acknowledge and agree that:

• Your User Submissions and/or User Reviews are entirely voluntary.
• Your User Submissions and/or User Reviews do not establish a confidential relationship or obligate Us to treat Your User Submissions as confidential or secret.
• W3Space has no obligation, either express or implied, to develop or use Your User Submissions or User Reviews, and no compensation is due to You or to anyone else for any intentional or unintentional use of Your User Submissions or User Reviews.
• W3Space may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

W3Space shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions and/or User Reviews posted to Our site(s), and shall be entitled to the unrestricted use and dissemination of any User Submissions or User Reviews posted to Our site(s) for any purpose, commercial or otherwise, without acknowledgment or compensation to You or to anyone else.

User Content (Other Than User Submissions/User Reviews). If You have a website or other content hosted by Us, You shall retain all of Your ownership or rights in User Content.

By posting or publishing User Content to this site or through Our Services, You authorize Us to use the intellectual property and other proprietary rights in and to Your User Content to enable inclusion and use of the User Content in the manner contemplated by this Agreement. You hereby grant W3Space a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform Your User Content in connection with this site, the Services and W3Space’s (and W3Space’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each user of this Site a non-exclusive license to access Your User Content (with the exception of User Content that you designate “private” or “password protected”) through this site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this site and under this Agreement. The above licenses granted by You in your User Content terminate within a commercially reasonable time after You remove or delete Your User Content from this Site. You understand and agree, however, that W3Space may retain (but not distribute, display, or perform) server copies of Your User Content that have been removed or deleted. The above licenses granted by You in Your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, W3Space shall not use any User Content that has been designated “private” or “password protected” by You for the purpose of promoting this site or W3Space’s (or W3Space’s affiliates’) business(es).

10. Storage and Security.

You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password and API key (if any)) and Account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your content displayed, linked, transmitted through or stored on or hosted on Our server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on W3Space servers; and (iv) ensure the confidentiality of Your password.

W3Space's servers are not an archive and W3Space shall have no liability to You or any other person for loss, damage or destruction of any of Your content. Though some Services offered by W3Space are PCI (Payment Card Industry) compliant, they should not be utilized as such without further compliance activity with respect to Your business. W3Space shall have no liability to You or any other person for Your use of W3Space Services in violation of these terms. Further, You agree not to undertake any activities that may impact or place at risk W3Space’s ability to maintain Our PCI compliance. We reserve the right to take any action necessary to ensure Our ongoing PCI compliance status.

11. W3Space, Non-Exclusive Right To Use, Links to Third-Party Websites.

In using Our Services, You may be granted the ability to use Our software and/or third-party software that We make available for Your use. You may also choose to add and use third-party software in connection with Our Services. Moreover, We may offer third-party products and services that require You to access their website in order to complete Your purchase and/or agree to additional terms and conditions. For these situations, the following provisions apply.

W3Space Non-Exclusive Right To Use. If You have been given permission or the ability to use software from W3Space, W3Space grants You a limited, non-exclusive, nontransferable and non-assignable right and ability to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

W3Space reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of W3Space. The source code and its organization are the exclusive property of W3Space and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by W3Space.

Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

Third-Party Software Use. W3Space provides some third-party software to You for easier account management. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. W3Space does not take responsibility for any faults in such software functioning. You agree that Your use of any W3Space Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by W3Space.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by W3Space. Your use of any third party software is at Your own risk. W3Space does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. W3Space will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. W3Space reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

Links to Third-Party Websites Provided By Us. This site and the Services offered by W3Space, may contain links to third-party websites that are not owned or controlled by Us. These links include, but are not limited to, links to third-party provider services and products through the W3Space App Marketplace. W3Space assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, W3Space does not censor or edit the content of any third-party websites. By using this site or Our Services, whether provided directly by Us or by a third-party, You expressly release W3Space from any and all liability arising from Your use of any third-party website and/or services offered by them. Accordingly, W3Space encourages You to be aware when You purchase or use products/services of third-parties and to review the terms and conditions, privacy policies, and other governing documents of each other website that You may visit. As between You and W3Space, this Agreement and all of Our policies and additional terms control Our relationship with You.

12. Third-Party Content.

If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. W3Space has the absolute right to reject any advertising or other third party content that is illegal, offensive, defamatory or otherwise in breach of the then current W3Space policy or agreement. Such content may result in the suspension or in the immediate termination of Your account.

13. Privacy.

W3Space's & Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and W3Space's responsibilities with regard to Your personal information. W3Space will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that W3Space, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if You do not agree to any such modification, You may terminate this Agreement. W3Space will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to W3Space as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to W3Space in the future. W3Space is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.

14. Trademark or Copyright Claims.

W3Space is a service provider and respects the copyrights and other intellectual property rights of others. To the extent W3Space receives a proper notice of infringement of copyright, trademark or other intellectual property, W3Space reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if W3Space believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

W3Space expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. W3Space also reserves the right to terminate an account or subscriber for even one instance of infringement.

If You would like to submit (a) a trademark claim for violation of a mark on which You hold a valid, registered trademark or service mark, or (b) a copyright claim for material on which You hold a bona fide copyright, please refer to W3Space’s & Copyright and Trademark Policies.

15. No Spam; Liquidated Damages.

No Spam Policy. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using Our products and services for the purpose of sending spam are fully investigated. If We determine there is a problem with spam, We will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

1. Usage of the W3Space network and systems to receive replies to unsolicited mass e-mail messages.
2. Transmission of any unsolicited commercial or bulk email, engagement in any activity known or considered to be spamming or Mail Bombing.
3. Inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
4. Forgery of e-mail headers (i.e. "spoofing").
5. Forgery of the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
6. Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
7. Configuring mail servers to accept and process third-party emails for sending with no user identification and/or authentication.
8. Engagement in spamvertising or provision of any services that support spam.
9. Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, use net posts, popups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
10. Advocating any activities prohibited by this Agreement.
11. Newsgroup postings
12. Windows system messages
13. Pop-up messages (aka "adware" or "spyware" messages)
14. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
15. Online chat room advertisements
16. Guestbook or Website Forum postings
17. Facsimile Solicitations
18. Text/SMS Messages

We will not allow Our servers and services to be used for the purposes described above. In order to use Our products and services, You must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but You must also abide by this no spam policy.

If We determine the services in question are being used in association with spam, We will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period deemed appropriate by W3Space. The registrant or customer will be required to respond by email to Us stating that they will cease to send spam and/or have spam sent on their behalf. We may require a non-refundable reactivation fee to be paid before the site, email boxes and/or Services are reactivated. In the event We determine the abuse has not stopped after Services have been restored the first time, We may terminate any and all Services associated with the domain name in question and, if We do, no refund will be available to You.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through Our Spam Abuse Complaint Center on the Web. & Report abuse

Remedies, Liquidated Damages. You agree that We may immediately terminate any Account which we believe, in Our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay Us liquidated damages in the amount of $500 or $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your Account, whichever amount is greater.

16. Use of Free Email Forwarding Services.

In order to safeguard overall server performance, You may forward not more than 500 emails/hour per domain.

W3Space may, at its sole discretion, limit the volume of email messages You can deliver through our services. W3Space may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services. W3Space may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will W3Space be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.

17. Additional Reservation of Rights.

W3Space expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by W3Space in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by W3Space in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of W3Space, its officers, directors, employees and agents, as well as W3Space’s affiliates.

In the event that W3Space need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on Your accounts, and You will continue to remain responsible for the payment of any service fees that accrue during the relevant period.

18. Billing & Payment; Currency; Termination & Cancellation Policy.

Billing and Payment. All fees for the Services shall be in accordance with W3Space's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the time You order the Services, unless otherwise noted. You may pay for Services by providing a valid credit or debit card, an electronic check (from your personal or business checking account, as appropriate), PayPal, Bitcoin, or any other payment method then accepted by W3Space (each a “Payment Method”); provided, however, that We may at Our option require that You pay fees through a particular payment means (such as by credit card or by wire transfer) or that You change from one payment provider to another. Charges for the Service(s) will be billed to Your chosen Payment Method as charges for W3SPACE.NET.” The statement descriptor may also include a unique identifier of the transaction. W3Space is not responsible for any changes in statement descriptors made by Your credit card issuer. If You choose to pay for the Service(s) by credit card, Our payment processing service provider may, at the beginning of the payment process, pre-authorize the transaction charges against Your credit card. This process confirms both the validity of the credit card and the availability of sufficient funds to finalize the transaction. If, after commencing the payment process, You subsequently elect not to finalize Your transaction, We will clear any pre-authorized charges from Our systems and reverse the payment within two [2] hours. Depending on Your credit card provider and their policies, pre-authorized charges may continue to be reflected in Your credit card account details for longer than this two [2] hour period. All prices and fees are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. W3Space expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this site, or the relevant site of the Service, and effective immediately without need for further notice to You. If You have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION WILL ATTEMPT TO AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WITH THE AUTOMATIC RENEWAL OPTION, W3Space WILL ATTEMPT TO RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH US AT W3Space’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. PLEASE NOTE THAT RENEWAL DATES VARY BY SERVICE. FOR INSTANCE, SOME SERVICES MAY RENEW THIRTY (30) DAYS PRIOR TO EXPIRATION AND OTHERS MAY RENEW FIVE (5) DAYS PRIOR TO EXPIRATION. YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME. HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE OR IF YOUR PAYMENT METHOD CHOSEN FOR YOUR AUTOMATIC RENEWAL SHOULD FAIL, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND W3Space SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. W3Space RESERVES THE RIGHT TO DETERMINE WHETHER A SECOND ATTEMPT AT PAYMENT WILL BE MADE SHOULD THE CHOSEN PAYMENT METHOD FAIL.

IN ADDITION, W3Space MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR THIRD-PARTY BILLING PROVIDER. IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, W3Space WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. W3Space MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND W3Space SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

If for any reason W3Space is unable to charge your payment method for the full amount owed for the Services provided, or if We receive notification of a chargeback, reversal, payment dispute, or are charged a penalty for any fee previously charged to your payment method, You agree that W3Space may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to You, of any domain names or Services registered or renewed on Your behalf. You also agree that all rights to and interest in and use of any Services, content and/or products purchased through Us, including all data hosted on Our systems shall be assumed by Us in satisfaction of any indebtedness by You to Us. Our reinstatement fee is currently equal to the fee charged by the payment processor involved in the transaction reversal.

W3Space also reserves the right to charge You reasonable "administrative fees" or "processing fees" for (i) tasks W3Space may perform outside the normal scope of its Services, (ii) additional time and/or costs We may incur in providing its Services, and/or (iii) Your noncompliance with this Agreement (as determined by W3Space in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) investigation into the use of W3Space services where it is alleged and verified by W3Space that your use of such services were for abuse; (iii) account maintenance where there has been inactivity in your account for 6 months or more; (iv) UDRP action(s) in connection with Your domain name(s) and/or disputes that require accounting or legal services, whether performed by W3Space staff or by outside firms retained by W3Space; (v) recouping any and all costs and fees, including the cost of Services, incurred by W3Space as the results of chargebacks or other payment disputes brought by You, Your bank or payment method processor. These administrative fees or processing fees will be billed to the payment method You have on file with W3Space.

If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, W3Space will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at W3Space's then current rates.

Currency. While all purchases are processed in US dollars, W3Space may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, W3Space makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT or additional off-shore margin and/or fees, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.

Termination & Cancellation Policy. The initial term of Your agreement with W3Space shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with W3Space shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.

This agreement may be terminated: (i) by You when You discontinue the use of Our Services or (ii) by W3Space at any time, without prior notice, if, in W3Space's judgment, You are in violation of any terms or conditions herein; or (iii) in W3Space's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon W3Space or could disrupt W3Space's business operations; or (iv) by W3Space if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and W3Space.

In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that W3Space may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of W3Space.

Refunds do NOT apply to Services unless otherwise specified.

In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs W3Space incurs in closing Your account. You agree to pay any and all costs incurred by W3Space in enforcing Your compliance with this section. Upon termination, You shall destroy any copy of the materials provided to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, W3Space may delete all information related to You on the Services.

19. Customer Support.

W3Space provides customer support to You at no additional fee for issues related to W3Space Services only. W3Space has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable. W3Space will also require, before assistance can be given, that You verify Your identity in relation to the Account in question. We will determine, in Our sole and absolute discretion, what must be provided for verification purposes, including the use of secure validation tools such as Veriff.

Unless otherwise directed by a specific Service, You can request customer support only by opening Live Chat or Ticket through the HelpDesk system located in the Customer area. W3Space will have no liability to provide customer support if it is requested in any other way apart from the HelpDesk system or the instructions specific to the Service at issue. You are solely responsible to use the appropriate HelpDesk category when opening Live Chat or posting Ticket. W3Space will have no liability to respond to tickets opened in inappropriate categories. W3Space shall not be liable for any delay in Live Chat and/or Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account.

You must provide W3Space with all information and access to facilities that W3Space may reasonably require to provide the requested customer support. You are solely liable for performing and storing a back-up copy of data, files, hosting account and any other content prior to requesting customer support and agreeing to any interference or operation, provided by W3Space. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data. You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. W3Space has the sole right to decide what constitutes abuse of the HelpDesk system.

20. Account Use.

You are responsible for security of Your Account access credentials. W3Space will not change passwords to any account. Should You need to restore access to Your account, You will need to provide Us with appropriate identification, as determined by Us in Our sole discretion, and We will initiate a password reset process for You to complete. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that W3Space will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will W3Space be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless W3Space from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to W3Space you should take all due precautions to provide any sensitive information over a secure communication channel.

21. Disclaimer of Representations and Warranties.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICES SHALL BE AT YOUR OWN RISK AND THAT SERVICES FOUND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. W3Space, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. W3Space, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND W3Space ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY W3Space, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS SUPPORT CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR OUR SERVICES.

22. Limitation of Liability; Waiver and Release.

IN NO EVENT SHALL W3Space, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) OUR SERVICES WHETHER FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT W3Space IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT W3Space WILL NOT BE LIABLE FOR ANY (I) SUSPENSION OR LOSS OF THE SERVICES; (II) INTERRUPTION OF BUSINESS; (III) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE(S) PROVIDED THROUGH OR BY THE SERVICES; (IV) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (V) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (IV) EVENTS BEYOND THE CONTROL OF W3Space; (VII) THE PROCESSING OF YOUR APPLICATION FOR SERVICES; OR (VIII) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL W3Space’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

NO WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF W3Space.

23. Indemnification.

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge W3Space and all affiliates of W3Space, and all officers, agents, employees, and representatives of W3Space, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of W3Space products and/or services by W3Space and its agents and employees. Further, You agree to defend, indemnify and hold harmless W3Space and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by W3Space’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or Your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to W3Space, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for You or by You via the Services; (vi) any information, material, or services available on Your W3Space hosted website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.

This indemnification is in addition to any indemnification required of You elsewhere. Should W3Space be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, W3Space may seek a written confirmation from You concerning Your obligation to defend, indemnify and hold harmless W3Space. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that W3Space shall have the right to participate in the defense of any such claim through counsel of its Own choosing. You agree to notify W3Space of any such claim promptly in writing and to allow W3Space to control the proceedings. You agree to cooperate fully with W3Space during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.

24. U.S. Export Laws.

This Site and Our Services are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of Our Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this site and Our Services, You agree to the foregoing and represent and warrant that You are not a national or resident of, located in, or under the control of, any restricted country; and You are not on any denied parties list; and You agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If You access this site or Our Services from other countries or jurisdictions, You do so on Your own initiative and You are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, You shall not access this site or Our Services. The obligations under this section shall survive any termination or expiration of this Agreement or Your use of this site or Our Services.

25. Compliance with Local Laws.

W3Space makes no representation or warranty that the content available on this site or the Services We offer are appropriate in every country or jurisdiction, and access to this site or Our Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this site or use Our Services are responsible for compliance with all local laws, rules and regulations.

26. Governing Law; Jurisdiction; Waiver of Trial By Jury.

Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Arizona. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court of Arizona, or if there is no jurisdiction in such court, then in a state court in Maricopa County, State of Arizona. You agree to waive the right to a trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

27. No Third Party Beneficiary Rights.

This Agreement, and any/all supplements to it, is not intended to and shall not be construed to give any Third Party any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

28. Notices.

You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or, if domain related, the domain name Whois information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name Whois information You have provided.

29. Final Agreement.

This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersedes and governs all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for W3Space’s Services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that You have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

30. No Agency Relationship.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

31. Enforceability.

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

32. Assignment and Resale.

Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without W3Space's prior express written consent.

33. Force Majeure.

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over W3Space, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this section extends for a period in excess of thirty (30) days in the aggregate, W3Space may immediately terminate this Agreement.

34. Headings.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

35. Contact Information.

1. If you have questions about this Agreement, please contact us by email or regular mail at the following address:

W3Space Legal Department
4600 East Washington Street
Suite 300
Phoenix, AZ 85034
info@w3space.net

Last revised: May 24, 2013

W3Space is a leader in online privacy rights. We have created this privacy statement in order to demonstrate our commitment to you, our customer, through transparent, easy-to-understand information regarding our data practices. You will understand what we collect, why we collect it and what we do with it. This policy applies to all W3Space brands, websites, apps, products, services or technologies (we will collectively refer to these as “Services”). Additional privacy practices for certain Services can be found in Details for Specific Products and Services.

Information Collection: Account Level

At an Account Level, we collect and use information necessary to enable you to purchase and manage Services, provide you with support for those Services and to curate your experience with us. Some information is collected and used based on contractual consent and other is based on informed consent, which may be changed at any time.

• Basic Account Information.

Information Collected. Our site uses forms in which you give us contact information (such as your name, address, phone number, fax number, billing information, IP address and email address) so you can create an account, place orders, register domains, request information, and request support help. As you use your account, we may also collect support requests and other related types of information that is specific to the management of your account and Services with us.

Legal Requirement. This type of information is legally and/or contractually required to be able to purchase and use Services. For example, we are required to be able to verify this type of information upon request by our payment processor. It is also required to be able to serve legal notices to you and is mandated by certain Services we offer. In addition, some Services, such as domains, require this information for you to purchase them. If you are purchasing a domain from us, we are required by law to collect and retain this information. We are further required to verify that the information provided is accurate and serve legally required notices regarding your domain(s). Consent for the collection, use and retention of this information for these purposes is considered to be contractually given for the duration of your use of such Service and any legally required retention period.

• How We Use This Information.

Sending Emails. Legally Required. As noted above, we use emails to communicate with you, to confirm your placed orders, to send information that you have requested and to serve legally or contractually required communications. Legally required emails cover ICANN mandated verification emails, renewal notices and any other policy or procedure created by ICANN which governs the purchase of domains. Additionally, we may be required by law to serve notices to you such as DMCA Takedown Notices, UDRP notices, etc. Or, we may deem a change to one of our policies to be material and, therefore, determine a duty (though not a legal requirement) to inform you of this change. These types of communications do not fall under any of our opt-out procedures.

Sending Emails: Service Communications & Promotional Communications. We also may use this information when it is important for us to contact you regarding functionality changes to Services you have purchased and/or our website and provide customer service (“Service Communications”.) By creating an account with us and/or purchasing our Services, you agree to receive these types of communication and acknowledge that they are not optional. We also use this information to share details about new services and special offers we think you'll find valuable (“Promotional Communications”.) You are able to opt-out of receiving Promotional Communications (or opt-into, depending on your country of residence) through preferences in your account panel or the unsubscribe instructions contained in the email communication.

Legally Required Disclosure. We will never share your information without your permission or in ways other than as outlined in this policy. The only exceptions to this are when we are required by law, in the good faith belief that such action is necessary in order to comply with the law, or when we must comply with a legal process. Examples of these types of exceptions are court orders, subpoenas, and UDRP/URS processes. In each of these situations, we will carefully review the documentation provided and only comply if such documentation meets requisite legal standards.

Changes in Our Practices. If we change our information-handling practices or other privacy aspects, we will post those changes on this privacy statement. If we make any material changes we will notify you by means of a notice on this site prior to the change becoming effective, and we may also try to notify you through email of the privacy changes, if necessary.

• Retention & Deletion of Account Information.

Personal Information Following Termination of Account. When your W3Space account is cancelled (either voluntarily or involuntarily) all of your personally identifiable information is placed in "deactivated" status within our corresponding databases. However, you should know that deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information, if necessary, in order to resolve disputes, enforce our agreements and/or as required by laws or regulations. Thus, it may not be immediately deleted upon request and is an approved exception to GDPR and CCPA deletion rights. By creating an account with us, using our support services and/or purchasing Services, you acknowledge and agree to these terms of retention. Information on how to close your account can be found & here.

Information Collection: Site Usage

• Device Information. We collect information from your devices (computers, mobile phones, tablets, etc.), such as IP address, cookie information, so that we may recognize your devices to provide you with legal notices (if required by your country of residence), support services (when you contact our support staff) and personalized experiences on our site and emails. Certain types of collection and use may be optional and controlled via our cookie tools.
• Information from Others. We are dedicated to continually improving your experience on our website. Like many companies, we use third-parties to help us track browsing, identify technical issues and provide ways to enhance your overall experience. Several of the tools that we use and what they do are:
• Log Files: We use information gathered about you from our site statistics via log files provided by third-party tracking partners (for example, your IP address) to help diagnose problems with our server and to administer our website. We also gather broad demographic information from this data to help us improve our site and make your browsing and purchasing experiences more enjoyable. This is not linked to any personally identifiable information.
• Cookies: Our site uses cookies to keep track of your session information. We do link the information we store in cookies to personally identifiable information you submit while on our site.We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your internet browser’s “help” file.We also use cookies to store your username if you request to have your username remembered during login. That information will be used to pre-fill the login form at a later time. If you are referred to our website through an ad or a partner, we will store the referral information in the cookies.The use of cookies by our partners, affiliates, tracking utility company and service providers is not covered by our privacy statement. We do not have access or control over these cookies. Our tracking utility company uses session ID cookies to help us improve our site and make your browsing and purchasing experiences more enjoyable.For those customers in countries subject to GDPR and LGPD, please see your cookie preference panel for additional instructions on how to opt-in and opt-out of cookies. The cookie preference panel is accessible once you have acted upon the cookie policy pop-up.Find more information regarding the categories of cookies we use and our specific & cookie policy here. By continuing to use and navigate our sites, services, applications, tools or messaging, you are agreeing to our use of cookies described in this Privacy Policy.
• Gifs: Our third-party tracking utility company employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs) that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with unique identifiers, similar in function to cookies; they are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. Our tracking utility company does not tie the information gathered by clear gifs to our customers’ personally identifiable information.
• Contests: From time to time we request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary, and the user, therefore, has a choice whether or not to respond and disclose this information. Information requested may include contact information (such as name, email and shipping address) and demographic information (such as zip code and age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site and/or any other purpose that we explicitly disclose in the contest rules.
• Testimonials: We post customer testimonials on our website which may contain personally identifiable information. We do obtain the customer's consent via email, prior to posting the testimonial, to post their name along with their testimonial. If you would like to request the removal of your testimonial from the site contact us at support@w3space.net.
• Public Blog: Our website offers a publicly accessible blog. You should be aware that any information you provide in this area may be read, collected and used by others who access it. To request removal of your personal information from our blog, contact us at support@w3space.net. In some cases, we may not be able to remove your personal information. If this occurs, we will let you know if we are unable to do so and why.
• Third-Party Product Offerings & Websites: Our site also contains links to other third-party websites, especially where we offer their products or services. W3Space (www.w3space.net) is not responsible for the privacy practices or the content of such websites. We encourage you to carefully read the privacy statement of any website you visit.

How We Share This Information

W3Space shares information within its affiliated brands and companies. We also share information we have about you for the purposes described in this Privacy Policy, including to provide Services that you have requested. We do not share information that individually identifies our customers with companies, organizations or individuals outside of W3Space, unless one of the following circumstances applies:

• With Your Consent. We will share information with companies, organizations or individuals outside of W3Space when we have your consent. This includes third party providers who offer products or services through our marketplace. These providers will each have their own privacy policies and will be identified in our Details for Specific Products and Services section.
• Within W3Space. Information may also be shared within W3Space to provide support and delivery of Services you purchase.
• With Partners. We may share your information with nonaffiliated companies who are:
• Advertising, Analytics and Business Partners (Limited to Non-Personally Identifiable Information). We may share aggregated or pseudonymous information (including demographic information) with partners, such as measurement analytics, apps, or other companies.  We do not, however, share information that personally identifies you (personally identifiable information is information such as name or email address.)  When you use third-party apps, websites or other products integrated with our Services, they may collect information about your activities subject to their own terms and privacy policies. 
• For Legal and Other Purposes. We may access, preserve and disclose information to investigate, prevent, or take action in connection with: (i) legal process and legal requests; (ii) enforcement of our &n Universal Terms of Service; (iii) claims that any content violates the rights of third-parties; (iv) requests for customer service; (v) technical issues; (vi) protecting the rights, property or personal safety of W3Space, its users or the public; (vii) establishing or exercising our legal rights or defending against legal claims; or (viii) as otherwise required by law. This may include responding to lawful governmental requests. Learn more about how we evaluate and respond to these requests here.
• New Ownership. If the ownership or control of all or part of W3Space or a specific Service changes as a result of a merger, acquisition or sale of assets, we may transfer your information to the new owner.

Details for Specific Products and Services

Additional privacy practices for certain W3Space Services are included here.

Residents of GDPR Governed Countries

If you are a resident of a GDPR governed country, more information regarding your GDPR rights may be found here.

Pursuant to Article 27 of the General Data Protection Regulation (GDPR), W3Space has appointed European Data Protection Office (EDPO) as its GDPR representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR by:

• using EDPO’s online request form: https://edpo.com/gdpr-data-request/
• writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium

UK General Data Protection Regulation (GDPR) – UK Representative

Pursuant to Article 27 of the UK GDPR, W3Space has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR by:

• using EDPO UK’s online request form: https://edpo.com/uk-gdpr-data-request/
• writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the CCPA Privacy Notice.

Your Brazilian Privacy Rights

If you are located in Brazil, you may learn more about your Brazilian privacy rights here.

Nevada State Privacy Law

Nevada Residents

Pursuant to Nevada law, you may direct a business that operates an internet website not to sell certain Personal Information a business has collected or will collect about you. W3Space does not sell your Personal Information pursuant to Nevada law. For more information about how we handle and share your Personal Information, or your rights under Nevada law, contact us at support@w3space.net.

Site Security

Our site has security measures in place to protect the loss, misuse and alteration of the information under our control. We use 128-bit SSL security to encrypt any transmissions when you provide credit card information, personal data, etc. No method of electronic storage or transmission over the internet is 100% secure, however. Therefore, we cannot guarantee its absolute security.

Protecting Children’s Privacy

Our Services are for a general audience.  We do not knowingly collect, use, or share information that could reasonably be used to identify children under age 18 without prior parental consent or consistent with applicable law.

Data Processing and Transfers

When you use or interact with any of our Services, you consent to the data processing, sharing, transferring and uses of your information as outlined in this Privacy Policy, which will only be done when necessary for the performance of our contract with you, when we have your consent to do so, or subject to the appropriate standard contractual clauses. Regardless of the country where you reside, you acknowledge that you are directly transferring your data to us in our United States based servers and agree to processing within the United States, where W3Space processes its data. In addition, you authorize us to transfer, process, store and use your information in countries other than your own in accordance with this Privacy Policy and to provide you with Services. Some of these countries may not have the same data protection safeguards as the country where you reside. By using our Services, you consent to us transferring information about you to these countries.

Compliance with legal, regulatory and law enforcement requests. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.

To the extent we are legally permitted to do so, we may take reasonable steps to notify you if we are required to provide your personal information to third parties as part of legal process. We will also share your information to the extent necessary to comply with any ICANN, registry or ccTLD rules, regulations and policies when you register a domain name with us. For reasons critical to maintaining the security, stability and resiliency of the Internet, this includes the transfer of domain name registration information to the underlying domain registry operator and escrow provider, and publication of that information as required by ICANN or with other third parties that demonstrate a legitimate legal interest to such information.

Other Important Information

This Privacy Policy Applies Only to W3Space. This Privacy Policy does not apply to the practices of companies that W3Space does not own or control, or to people that W3Space does not employ or manage.  In addition, some third-party products may have different privacy policies and practices that are not subject to this Privacy Policy. These products will be identified in the Details for Specific Products and Services section.

Changes

We may update this Privacy Policy from time to time, so you should check it periodically. If we make changes that are material, we will provide you with appropriate notice before such changes take effect.

Questions & Suggestions

For privacy and GDPR related matters, you can contact our Data Protection Office and our Data Protection Officer via email at info@w3space.net.

If you have questions, suggestions or wish to make a complaint, please complete a feedback form or you can contact us at W3Space Support or 4600 E Washington St suite 300, Phoenix, AZ 85034

We have prepared this Refund Policy to explain when you can request a refund with respect to products and services acquired from W3Space or through us from our partners and/or affiliates (collectively “Services”).

General Terms

General terms apply to all refund eligible Services. In addition, there may be special term(s) that apply to a specific product and/or service and those are outlined below.

• In no event is the same Service eligible for more than one refund.
• Service(s) must be cancelled before we can issue a refund.
• No refund will be made for domains involved in Trademark Infringement. It includes domains that are the subject of and/or involved in a Trademark Infringement allegation and/or proceeding.
• No refund will be made if your Service(s) are suspended or terminated for cause.
• If purchased Service(s) include free domain name registration as part of a promotion or sale of the Service(s), and you cancel the purchased Service(s), the standard price for the domain name will be deducted from the refund amount. If the refund amount is less than the standard price for the domain, you must either elect to pay the difference or forfeit the domain, in which case, ownership of the domain will revert back to W3Space.
• All refunds are processed in U.S. dollars: you, the customer, bear sole responsibility for any fluctuations in the exchange rate(s) between the time of payment and the time of refund.
• Unless you request otherwise, refunds will be credited to your W3Space account balance. Purchases made using W3Space account funds can only be refunded as account credit. Purchases made by credit card and PayPal may be refundable to the original source of payment. Refunds are not possible for cryptocurrency deposits. W3Space is not responsible for any additional charges imposed by your credit card company or PayPal payment processor in the case of refund.
• Any processing fee(s) will be deducted from a refund.

Additional refund requirements may apply based on specific terms and conditions notified to you when purchasing any Service(s).

Special Terms

Domain Name Registration

• Unless this Refund Policy specifically provides for a refund, all fees for domain name registrations and related domain name Service(s) are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.
• New domain name registrations may be refundable, at the sole discretion of W3Space, if you, the registrant, cancel the domain name registration for a valid reason and the cancellation is processed within 5 days (120 hours) after registration. Please note that, in some cases, cancellation and refund are not available for new domain registrations due to restrictions imposed by the applicable registry or registry operating company.
• No refunds are available for fees paid for After Market Domain Names unless your After Market Domain Name registration is rejected or cancelled by W3Space, the registry or the third party seller.
• No refunds are available for the W3Space Aftermarket subscription.
• No refunds are available for fees paid for Premium Domain(s).
• No refunds are available for fees paid for any of the following:
• Additional fees paid for Pre-Orders, Sunrise or Landrush periods or participation in an Early Access Program; or
• Fees paid for related Service(s).
• In the case of an unsuccessful attempt to transfer a domain name to W3Space, we will automatically refund any fees paid as an account credit.

Domain Name Renewal

• Unless this Refund Policy specifically provides for a refund, all fees for domain name renewals and related domain name Service(s) are non-refundable, in whole or in part, even if your domain name is suspended, cancelled or transferred prior to the end of your then current registration term.
• A domain name renewal may be refundable, at the sole discretion of W3Space, if you, the registrant, cancel the domain name renewal for a valid reason and the cancellation is processed within 5 days (120 hours) after renewal for the most of TLDs. Please note that, in some cases, cancellation and refund are not available for domain renewals due to restrictions imposed by the applicable registry or registry operating company.
• It is not possible to cancel renewals for:
• .ai
• .au*
• .ch
• .cm
• .cx
• .de
• .es*
• .eu
• .fr
• .is
• .li
• .nl
• .nu
• .pe*
• .ph*
• .sg*
• .to
• .ws
• .ca

* Includes top-level domain (TLD) and its associated second-level domains (SLDs), such as .au, .com.au, .org.au, etc.

Web Hosting

• Unless this Refund Policy specifically provides for a refund, all fees for Web Hosting and related Service(s) are non-refundable, in whole or in part, even if your Web Hosting Service(s) are suspended or terminated prior to the end of your then current contract term.
• Package fees for Shared Hosting, Stellar, Stellar Plus, Stellar Business, Reseller Hosting, Nebula, Galaxy Expert, Universe Pro, VPS hosting, VPS Pulsar, VPS Quasar, and VPS Magnetar may be refundable, at the sole discretion of W3Space, if you, the account holder, cancel within thirty (30) days after purchase. Only first-time Shared Hosting, Stellar, Stellar Plus, Stellar Business, Reseller Hosting, Nebula, Galaxy Expert, Universe Pro, VPS hosting, VPS Pulsar, VPS Quasar, and VPS Magnetar accounts are eligible for the 30-day money-back guarantee.
• Renewals of Web Hosting may be refundable, at the sole discretion of W3Space, if you, the account holder, cancel your hosting within forty-eight (48) hours after the renewal. In other cases a prorated refund may be provided upon consideration.
• No refunds are available for the following:
• Any additional features, services or upgrades added to your Web Hosting package and purchased at additional fee;
• Any fees related to domain name registrations associated with your Web Hosting package;

Private Email Hosting

• Unless this Refund Policy specifically provides for a refund, all fees for private email hosting and related Service(s) are non-refundable, in whole or in part, even if your private email hosting Service(s) are suspended or terminated prior to the end of your then current contract term.
• New purchase or renewal of a paid Private Email service may be refundable, at the sole discretion of W3Space, if you, the account holder, contact us to cancel the Private Email subscription for a valid reason and the cancellation is requested within 7 days after the charge.

SSL Certificates

• Unless this Refund Policy specifically provides for a refund, all fees for SSL Certificates and additional domains (SANs) are non-refundable, in whole or in part.
• To qualify for a refund for an SSL certificate you must meet one of the following conditions within ninety (90) days of purchase: 1) have an SSL in the status “New”, “Renewal”, or “Pending” and make a written request for a refund; 2) have an “Active”, or “Installed” SSL and make a written request for a refund within fifteen (15) days of your SSL status updating to “Active” or “Installed”.
• To qualify for a refund for an additional domain (SAN) purchased for a multi-domain SSL certificate you must have the additional domain (SAN) unused and make a written request for a refund within ninety (90) days of purchase.
• If a refund is available, fees will be refunded in the form of an account credit.

PremiumDNS

• Unless this Refund Policy specifically provides for a refund, all fees for PremiumDNS and related Service(s) are non-refundable, in whole or in part, even if your PremiumDNS Service(s) are suspended, cancelled or transferred prior to the end of your then current contract term.
• Fees for the Services may be refundable, at the sole discretion of W3Space, if you cancel the Services within five (5) days after purchase.

Apps Marketplace

• In most cases, Apps purchased or renewed through our Apps Marketplace may be refundable, at the sole discretion of W3Space, if you request cancellation and refund within twenty-four (24) hours after purchase/renewal.
• No refunds are available for Apps which provide an immediate, one-time service and/or incur fees directly related to the product provided: such as, but not limited to, W3Space Legal and Business Card Maker.
• If you purchase an App that provides for a trial period, you must cancel within the trial period to be eligible for any available refunds. That is, if you participate in a free trial period and thereafter continue to access or use the App after the trial period has passed, no refund is available.

Non-refundable Services

All other Services are non-refundable, including but not limited to:

• G Suite upgrades and downgrades;
• Transfers or renewals of domain name registrations;
• Fees for recovery or reactivation of domain names;
• Any Services purchased or acquired at a reduced fee or on promotion; or
• Any fees paid by you to W3Space for providing non-service related support.

Refund Requests

If you think you are eligible for a refund, you can submit a helpdesk ticket. You must include the following information in your request:

• Acknowledging that you have read our Refund Policy
• Why you are asking for a refund
• Transaction identifying information (e.g. account username, transaction number, domain name, date of purchase)

Once submitted, we will review your request and may require that you provide additional information. You acknowledge that you must provide a timely response to information requested. Failure to provide the information we need to evaluate your request may result in a closure of your request. Therefore, we ask you to please check your inbox so that we can provide the best support possible.

Contacts

If you have questions about our Refund Policy, you can contact W3Space at support@w3space.net

You may also contact us at:

w3space.net
4600 East Washington Street
Suite 300
Phoenix, AZ 85034
USA
support@w3space.net

These Terms of Service (the "Agreement") set forth the terms and conditions of Your Use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "us" and "our" refer to W3Space LLC., as well as its subsidiaries and sister companies (“W3Space”). This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by W3Space (“Services”). When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement.

1. Term of Agreement; Modification

You agree that W3Space may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes W3Space may reasonably make to this Agreement when such changes are made. If You have purchased Services from W3Space, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.

2. Accurate Information

You agree to maintain accurate information by providing updates to W3Space, as needed, while You are using the Services. You agree You will notify W3Space within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by W3Space to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if W3Space has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, W3Space has the absolute right, in its sole discretion, to terminate its Services and close Your account.

3. Privacy

W3Space 's Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and W3Space 's responsibilities with regard to Your personal information. W3Space will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that W3Space, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. W3Space will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to W3Space as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to W3Space in the future. W3Space is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.

4. Accepted Use Policy

W3Space’s Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:

• not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
• not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
• not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
• not to make, attempt or allow any unauthorized access to W3Space website, servers, your own hosting account or the account of any other customers of W3Space.
• not to allow any remote code execution of malicious software through the hosting account provided by W3Space.
• not to cause denial of service attacks, port scans or other endangering and invasive procedures against W3Space servers and facilities or the servers and facilities of other network hosts or Internet users.
• not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
• not to use W3Space services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
• not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
• not to engage in or to instigate actions that cause harm to W3Space or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. W3Space reserves the right to refuse service to anyone upon Our discretion. Any material that in W3Space judgment, is either obscene or threatening is strictly prohibited and will be removed from W3Space servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, W3Space will take corrective action upon our own discretion and will notify You. W3Space decision in such case is binding and final, and cannot be a subject of a further change. W3Space cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to W3Space or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. W3Space will not be liable for any loss or damages in such cases.
• not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.

At its discretion, W3Space reserves the right to investigate the use of its services for violations of its policies. This includes all hosting packages and services. W3Space further reserves the right to remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

For more information on the Accepted Use Policy for Virtual hosting accounts, VPS hosting accounts and Dedicated Servers please consult Our Acceptable Use Policy.

5. Storage and Security

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on W3Space servers; and (iv) ensure the confidentiality of Your password. W3Space services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and W3Space shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by W3Space are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. W3Space shall have no liability to You or any other person for Your use of W3Space products and/or services in violation of these terms.

6. Ownership

Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by W3Space or its third party partners, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by W3Space and all right, title and interest in and to each such Derivative Work shall automatically vest in W3Space. W3Space shall have no obligation to grant You any right in any such Derivative Work.

7. Non-Exclusive Right To Use

If You have purchased and/or been given permission to use software from W3Space, W3Space grants You a limited, non-exclusive, nontransferable and non-assignable right and ability to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. W3Space reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of W3Space. The source code and its organization are the exclusive property of W3Space and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by W3Space.

Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

8. Third-Party Software

W3Space provides some third-party software to You for easier account management including, but is not limited to cPanel, etc. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. W3Space does not take responsibility for any faults in such software functioning.

By using W3Space Services that include such third-party software, you specifically agree to the relevant third-party terms of service and that You shall use the services in accordance with such terms. The following are examples of where you attest that You agree to third-party software terms. The examples are not exhaustive. If You order cPanel to use for Your hosting services, Your order constitutes explicit agreement with cPanel’s terms and You authorize W3Space to agree to such terms on Your behalf. The terms of service for cPanel may be found here. If You purchase Microsoft Windows for a dedicated server and request that W3Space manually assist You with installation of this product, Your request constitutes explicit agreement with Microsoft Windows’ terms of service and You authorize W3Space to agree to such terms on Your behalf. Microsoft Windows’ terms of service may be found here. Your failure to abide by any third-party license may result in the immediate termination of Your Services by W3Space.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by W3Space. Your use of any third party software is at Your own risk. W3Space does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. W3Space will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. W3Space reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

9. Third-Party Content

If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. W3Space has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current W3Space policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify W3Space immediately of the error. In no event shall W3Space be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

10. Billing and Payment

All fees for the Services shall be in accordance with W3Space 's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. W3Space may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due W3Space remains unpaid on the date when services expire, W3Space may immediately terminate this agreement, and/or withhold or suspend Services. At its sole discretion, W3Space may, but is not obligated to, provide a grace period of seven (7) days after such payment is due for shared hosting packages and three (3) days for VPS and dedicated servers. There will be a $15.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You.

If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, W3Space will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at W3Space 's then current rates.

If you improperly charge back for web hosting services rendered, we may disable the ability to transfer any other your W3Space services away from W3Space.

11. Termination & Cancellation Policy

The initial term of Your agreement with W3Space shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with W3Space shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.

This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least three (3) working days before the account is due to renew; or (ii) by W3Space at any time, without prior notice, if, in W3Space 's judgment, You are in violation of any terms or conditions herein; or (iii) in W3Space 's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon W3Space or could disrupt W3Space 's business operations; or (iv) by W3Space if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either W3Space or W3Space.

In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that W3Space may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of W3Space.

You may receive a refund if i) Your Stellar, Stellar Plus, Stellar Business, Nebula, Galaxy Expert, Universe Pro VPS Pulsar, VPS Quasar, or VPS Magnetar account is cancelled within the initial 30 days after sign-up. Only first-time Stellar, Stellar Plus, Stellar Business, Nebula, Galaxy Expert, Universe Pro VPS Pulsar, VPS Quasar or VPS Magnetar accounts are eligible for the 30-day money-back guarantee. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, SSL certificates, renewals, any third party product (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee domain registration;related fees; (iii) Your Dedicated Clearance Server or Dedicated New Server account is cancelled within the initial 7 days after sign-up. Only first-time Dedicated Server accounts are eligible for the 7-day money-back guarantee. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, SSL certificates, renewals, any third party product (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees.

In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs W3Space incurs in closing your account. You agree to pay any and all costs incurred by W3Space in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials provided to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, W3Space may delete all information related to you on the Services.

12. Customer Support

W3Space provides customer support to You at no additional fee for issues related to W3Space service only. W3Space has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable.

You can request customer support only by opening Live Chat or Ticket through the HelpDesk system located in the Customer area. W3Space will have no liability to provide customer support if it is requested in any other way apart from the HelpDesk system. You are solely responsible to use the appropriate HelpDesk category when opening Live Chat or posting Ticket. W3Space will have no liability to respond to tickets opened in inappropriate categories. W3Space shall not be liable for any delay in Live Chat and/or Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account.

You must provide W3Space with all information and access to facilities that W3Space may reasonably require to provide the requested customer support.

You are solely liable for performing and storing a back-up copy of your data, files and hosting account prior to requesting customer support and agreeing to any interference or operation, provided by W3Space. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data. You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. W3Space has the sole right to decide what constitutes abuse of the HelpDesk system.

In the event You require server support from us for Your VPS or Dedicated server with User-Responsible or Basic types of Server Management, W3Space reserves a right to decide whether or not to provide server support, based on the results of preliminary server check. Should W3Space decide, in its sole discretion, to provide support, this service will be provided at an additional cost according to the pricing indicated on the New Servers Page Server Management Section.

In order to fulfill the server uptime commitments for VPS and Dedicated servers with Complete Management, W3Space reserves the right to remove the system logs and files in the Trash folder when the server reaches the disk space limit.

13. Legal Purposes

The web hosting and reseller hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of W3Space is to provide space to serve web documents, not as an off-site storage area for electronic files and is governed by the AUP. Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by W3Space, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of W3Space based upon the severity of the violation. W3Space reserves the right to refuse Service if any of the content within, or any links from, the Your website is deemed illegal, misleading, or obscene, or is otherwise in breach of W3Space 's AUP, in the sole and absolute opinion of W3Space. You agree that W3Space shall not be liable to you for loss or damages that may result from its refusal to host your website or provided the Services under this Agreement.

14. Account Use

You agree to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. You are responsible for security of Your password. W3Space will not change passwords to any account without proof of identification, which is satisfactory to W3Space, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that W3Space will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will W3Space be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless W3Space from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to W3Space you should take all due precautions to provide any sensitive information over a secure communication channel.

15. Currency

While all purchases are processed in US dollars, W3Space may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, W3Space makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.

16. Limitation of Liability; Waiver and Release

The Services offered by W3Space are being provided on an "AS IS" and W3Space expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, W3Space expressly does not warrant that the W3Space Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from W3Space shall create any warranty not expressly made herein. You agree that W3Space will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of W3Space; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

In no event shall W3Space be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the Services, even if W3Space is aware of or has been advised of the possibility of such damages.

In addition, You specifically acknowledge and agree that any cause of action arising out of or related to W3Space or the Services provided by W3Space must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

In addition, You specifically acknowledge and agree that in no event shall W3Space’s total aggregate liability exceed the total amount paid by You for the particular Services that are the subject of the cause of action.

The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of W3Space or its Services offered.

No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of W3Space.

17. Indemnification

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge W3Space and all affiliates of W3Space, and all officers, agents, employees, and representatives of W3Space, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the W3Space products and/or services by W3Space and its agents and employees. Further, You agree to defend, indemnify and hold harmless W3Space and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by W3Space’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to W3Space, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your W3Space Hosted website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.

This indemnification is in addition to any indemnification required of You elsewhere. Should W3Space be notified of a pending law suit, or receive notice of the filing of a law suit, W3Space may seek a written confirmation from You concerning Your obligation to defend, indemnify W3Space. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that W3Space shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify W3Space of any such claim promptly in writing and to allow W3Space to control the proceedings. You agree to cooperate fully with W3Space during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.

18. Trademark or Copyright Claims

W3Space is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent W3Space receives a proper notice of infringement of copyright, trademark or other intellectual property, W3Space reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if W3Space believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

W3Space expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. W3Space also reserve the right to terminate an account or subscriber for even one instance of infringement.

Proper notice of infringement shall include the following information in writing to W3Space’s designated agent:

• the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
• identification of the work that has been infringed;
• an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit W3Space to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit W3Space to locate that reference or link;
• Your name, address, telephone number, and email address;
• a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
• a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder.

Notice of infringement must be sent to W3Space’s designated agent to receive notification of claimed infringement as follows: Attn: Legal Department, W3Space, 4600 East Washington Street, Suite 300, Phoenix, AZ 85034, facsimile: (310)-312-9513.

19. Additional Reservation of Rights

W3Space expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by W3Space in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by W3Space in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of W3Space, its officers, directors, employees and agents, as well as W3Space’s affiliates.

In the event that W3Space need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.

20. Governing Law and Jurisdiction for Disputes

Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Arizona. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court of Arizona, or if there is no jurisdiction in such court, then in a state court in Maricopa County, State of Arizona.

21. Notices

You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name Whois information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name Whois information You have provided.

22. Legal Age

You attest that you are of legal age (18 or over) to enter into this Agreement.

23. Final Agreement

This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for W3Space’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

24. No Agency Relationship

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

25. Enforceability

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

26. Assignment and Resale

Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without W3Space's prior express written consent.

27. Force Majeure

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over W3Space, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, W3Space may immediately terminate this Agreement.

28. Headings

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

1. OVERVIEW

This Affiliate Program Agreement ("Agreement") is entered into by and between W3Space LLC. (“W3Space”) and the signor of this Agreement (“Affiliate”), and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of Affiliate’s participation in W3Space’s Affiliate Program (“Affiliate Program") and is in addition to any other agreement that Affiliate may have entered into with W3Space by virtue of being a customer. In this Agreement “you,” “your” or “Affiliate” shall refer to any individual or entity who accepts this Agreement. The terms “we,” “us” and “our” refer to W3Space LLC (“W3Space”). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with W3Space’s Universal Terms of Service Agreement, which is incorporated herein by reference.

This Agreement explains our obligations to you, and explains your obligations to us under the Affiliate Program offered by W3Space. W3Space offers several ways to sign up to be an Affiliate, including via your W3Space account panel (“platforms”.) You are only permitted to sign up via one of the available options. The Affiliate Program is purely a referral program by which you can earn commissions as outlined herein. Commissions are earned by you as an independent contractor and, as such, you are responsible for paying any taxes due on such commissions. In addition, you are required to provide any/all accurately completed tax related information and forms that is requested by the platform in which you enrolled. Failure to do so will result in a forfeiture of your commissions.

Changes and Modifications to the Agreement. W3Space, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the W3Space website (this "Site"). You acknowledge and agree that (i) W3Space may or may not notify you of such changes or modifications prior to posting them to this Site and (ii) your continued participation in the Affiliate Program (via any platform) after such changes or modifications have been made (as indicated by the "Last Revised" date on this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, you must formally terminate your Affiliate status. In addition, while not required, W3Space may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information, including your email address, current in the Affiliate interface that you have selected. W3Space assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

Suspension or Termination of Affiliate Program Participation. W3Space reserves the right to suspend participation in the Affiliate Program in the event of an unresolved breach of this Agreement or if suspension or cancellation is required by any policy now in effect or later adopted by ICANN. You agree that your failure to comply completely with the terms and conditions of this Agreement and any W3Space rule or policy may be considered to be a material breach of this Agreement and that W3Space may provide you with notice of such breach either in writing or electronically (i.e. email). If you do not provide W3Space with material evidence that you have not breached your obligations within ten (10) business days, W3Space may terminate your participation immediately and take any remedial action available to W3Space under the applicable laws. Such remedial action may be implemented without notice to you.

In addition, you acknowledge and agree that W3Space may terminate your participation as an Affiliate if: (a) you or your site violates, as determined by W3Space in its sole and absolute discretion, any of the Affiliate ​Restrictions outlined in Section 3 and/or any additional restrictions named; (b) for non-payment of fees, if any; and/or (c) if your site is not live, is under construction, or is a personal homepage or another personal site.

W3Space reserves the right to suspend the participation of all affiliates or the entire Affiliate Program on a particular affiliate platform at any time for any reason.

2. DESCRIPTION OF THE AFFILIATE PROGRAM

Acceptance into the Affiliate Program is at our sole discretion, which may be withheld for any reason or for no reason at all.

How it Works. W3Space’s Affiliate Program allows you to earn commissions on sales to new W3Space customers via advertising on your "web site" or "publishing location" (such as an electronic newsletter or blog) (hereinafter “Your Site”) that contains a link with your affiliate ID. This advertising will allow you to drive traffic (‘sessions”) to W3Space’s web site. You will earn a percentage of the revenue generated, or commission as outlined in your platform agreement, when a person or entity (that is not you or your agent(s)) makes their first-time purchase of certain W3Space products or services (“New Customer”) after being referred to through the unique affiliate link that is contained on Your Site.

After being referred to the W3Space web site from a link contained on Your Site, visitors have thirty (30) days to complete their purchase for you to receive a commission. Should the visitor click on another referral link that is not controlled by you, or return to the W3Space web site via another source-coded advertising link during the initial thirty (30) days, your affiliate link will be overwritten and you will not receive a commission for that visitor’s purchase.

Enrollment. Enrollment into W3Space’s Affiliate Program can happen via any of the platforms indicated on our Affiliate page on our W3Space website. Affiliates may switch between platforms but may only enroll on one platform at any given time.

Commissionable Sales. Affiliate acknowledges and agrees that W3Space will only pay for first-time purchases by new customers. Affiliate will only receive commission for purchases completed after linking through Affiliate’s unique referral link and completing such purchases within 30 days of first visiting the W3Space site. Subsequent purchases made by the same customer (including by accessing W3Space’s web site directly) will not be commissionable. All W3Space products and services will be eligible for a commission except premium domains, domains bought at W3Space Marketplace and apps.

Restrictions on Eligible Commissions. You are not eligible for a commission payment on purchases made by you, your employees, agents, representatives, or contractors (all considered your “agents”), as well as purchases made from several accounts owned by the same person. Commission is paid for the first purchase only made by a certain person. W3Space employees (and their immediate family members) are not allowed to participate in the W3Space Affiliate Program.

3. AFFILIATE RESTRICTIONS

Linking to W3Space website. Upon acceptance into the Affiliate Program, links and banners will be made available to you through the affiliate interface you have selected.

You acknowledge and agree:

W3Space Logo Use. You shall not use the W3Space logo without our prior approval. In addition, the W3Space logo shall be removed from Your Site immediately upon request. W3Space may lock your affiliate account immediately and withhold payment of any/all commissions without further notice if you fail to remove the W3Space logo from Your Site upon request. For clarity, acceptance into the Affiliate Program grants permission to use W3Space’s logos as outlined in the program.

• Creatives. You shall not use any creatives that do not comply with W3Space guidelines. If your creative requirements are not met by our current content offering, please contact us to discuss your ​individual needs;
• No Domain Forwarding. You shall not create domain forwarding directly to our site using your affiliate link;
• No Harmful Activities. You shall not engage in activities that W3Space determines, in its sole discretion, to be harmful to its customers, employees, operations, or reputation;
• Prohibition Against Use of W3Space Trademarks. You shall not include the W3Space trademark, trademark with keywords or any misspellings of said trademarks in any domain names. Such activity will result in your immediate removal from the program; and
• Prohibition Against Use of W3Space Copyrights & Look-A-Like Sites. You shall not use a w3space.net look-a-like site that suggests or gives the visitor the impression that your web site or publishing location is affiliated with w3space.net. Your web site or publishing location shall not in any way copy or resemble the look and feel of W3Space's web site or web site content, and you shall not create the impression that your web site or publishing location is part of W3Space's network of web sites. This includes using W3Space's trademarks, trade names, or any variations or misspellings thereof, in your URL, business name, or site name. You shall not "frame" or permit the "framing" of any page of W3Space’s network of web sites.

Website Content & Emails. You acknowledge and agree that Your Site specifically shall not (and shall not enable others to):

• Contain false, inaccurate, defamatory, slanderous, libelous or misleading content or statements about W3Space and/or its products and services;
• Do anything to give the impression to anyone that you are an Internet Corporation for Assigned Names and Numbers’ ("ICANN") approved registrar;
• Display, promote or sell illegal content, or offer any illegal product or service;
• Engage in sending unsolicited commercial email ("spam") or indiscriminate advertising;
• Fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or other applicable laws regulating commercial email;
• Collect personal information about minors without their parent’s prior written consent;
• Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by W3Space in its sole and absolute discretion;
• Engage in activities, whether lawful or unlawful, that W3Space determines, in its sole and absolute discretion, to be harmful to W3Space or its customers, employees, operations or reputation.
• Encourage the use of a controlled substance;
• Encourage unlawful behavior;
• Violate any applicable law;
• Advocate, promote, or encourage violence or discrimination against any person, organization or governmental entity;
• Contain links to web sites containing the serial numbers for unlocking software illegally, pyramid schemes, or impersonations of another person or organization;
• Contain links to web sites containing any of the aforementioned content; and
• Cause any purchases to be made that are not in good faith (such as using any device, program, robot iframes, or hidden frames, use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link, etc.)

In addition, you acknowledge and agree you shall not:

• Copy, alter or modify any icons, buttons, banners, graphics, files or content contained in W3Space's links, including but not limited to, removing or altering any copyright or trademark notices;
• Alter the W3Space approved tracking codes to allow you to (a) collect personally identifiable information of visitors that would allow you to personally identify visitors, or (b) obscure the site from which the visitor is referred, including the use of link cloaking, asp/php redirects and/or link shortening ​services not provided by W3Space;
• Allow Your Site to be a downloadable or internet accessible application, as determined by W3Space in its sole and absolute discretion;
• Cause any purchases to be made that are not in good faith, including, but not limited to, using any method, device, program, robot iframes or hidden frames. Multiple purchases from the same individual, entity or IP address may be considered non–bona fide purchases. Non-bona fide purchases shall not be eligible for commission.

Paid Search and Advertising Guidelines
If you use paid search, you are required to add W3Space, w3space.net and any of its derivatives and misspellings as negative keywords across all of your paid search activities.

You also acknowledge and agree that you shall not:

• Bid on terms in any search engine that mention W3Space, w3space.net or any of its derivatives and misspellings, W3Space with keywords such as but not limited to «W3Space coupons», «W3Space promos», «W3Space promotions»;
• Use W3Space trademark, trademark with keywords or any misspellings in your domain name(s);
• Use direct linking to w3space.net from any paid search ads;
• Use w3space.net as a display URL.
• Use W3Space, w3space.net or any of its derivatives in ad copy that is shown on a search engine, including uses of dynamic keyword insertion;

Coupon Guidelines
If you are enrolled in our Affiliate Program and Your Site promotes coupon codes, you must adhere to our Coupon Guidelines as follows:

• You may only advertise coupon codes that are provided to you through the Affiliate Program;
• Posting any information about how to work around the requirements of a coupon/promotion (i.e. first-time customers only) will result in removal from the Affiliate Program;
• Coupons must be displayed in their entirety with the full offer, valid expiration date and code;
• You may not use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s);
• You may not advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search or any other campaign;
• You may not give the appearance that any ongoing offer requires clicking from your website, in order to redeem. For example, if all domain registrations include free 1-year WhoIs Privacy Protection subscription, you may not turn this into an offer that infers that the customer must click from your site to get this deal.

4. COMMISSION PAYMENTS

• We will pay you the commission in effect on the date of each sale;
• Commission rates are as named in the platform in which you enrolled in our Affiliate Program;
• Commission will only be paid on any first sale completed by New Customers;
• Commissions will be paid only on “valid” orders, which are orders that are not reversed, charged back, unauthorized, fraudulent or from an existing customer;
• Commissions will be paid thirty (30) days from end of the month in which the purchase occurred. Example: a valid purchase made on November 13th will be paid 30 days from the end of November or December 30th; For external affiliate platforms commission payments are processed within the time frames specified in each platform's terms section;
• Commissions will be paid out according to the payment options and minimum requirements set by the platform in which you enrolled;
• You acknowledge and agree that, in the case of coupons/sales/discounts/ cashback/loyalty sites, you may be offered a lower commission than the standard rate described above;
• You further acknowledge and agree that commissions for orders with promotion coupon codes will be earned only when these coupons are exclusively provided through W3Space Affiliate Program. For clarity, commissions will not be earned for sales using any W3Space coupon code that was not provided through the platform in which you enrolled. We reserve the right to not pay commissions on any purchases made with any other coupon codes and such commissions, if paid, will be reversed;
• You acknowledge and agree that, as an independent contractor, you are responsible for any taxes owed due to commissions paid to you and that you will provide any/all necessary taxable information to the platform in which you enrolled. You also acknowledge and agree that failure to comply with this requirement will result in a forfeiture of your commissions.

You acknowledge and agree that no commission is payable if Your Site:

• Contains software or uses technology that attempts to intercept, divert or redirect Internet traffic to or from any other web site, or that potentially enables the diversion of affiliate commissions from another web site. This includes toolbars, browser plug-ins, extensions and add-ons;
• Sends traffic to w3space.net, or any other W3Space websites, that is generated by unauthorized traffic channels, e.g. click exchanges, banner exchanges, paid search advertising, etc; and
• Replaces DNS errors caused by mistyping the domain name w3space.net with a page showing the appropriate W3Space banner or affiliate link to our web site.

Notwithstanding anything to the contrary in this Agreement, in addition to any and all other rights and remedies to which W3Space is entitled, W3Space specifically reserves the right to:

• Terminate the Affiliate Program at any time for any reason;
• Terminate your participate in the Affiliate Program at any time for any reason. If your participation is terminated, W3Space will make any commission payments from validly purchases from Your Site which accrue before the termination date. W3Space will not make any commission payments which accrue after the termination date. You acknowledge and agree that the determination as to whether a purchase was "validly generated" from Your Site shall be made in W3Space's sole and absolute discretion;
• Suspend your participation in the Affiliate Program at any time for any reason. If you are suspended, you will not receive any commission payments during your suspension period, whether such commission payments accrued before or during your suspension period. After completion of an internal investigation, if you are allowed to continue to participate in the Affiliate Program, W3Space will make any commission payments from valid purchases from Your Site which accrued before or during your suspension period.  You acknowledge and agree that the determination as to whether a purchase was "valid" from Your Site shall be made in W3Space's sole and absolute discretion;
• Require the forfeiture of any previously earned revenue, which has been paid or yet to be paid on any purchases you generated or assisted in generating during any times when you are in violation of this Agreement;
• Deactivate any and all accounts and domains that W3Space believes, in its sole and absolute discretion, to be violating the terms and conditions of this Agreement.

In sum, W3Space will track all commissions earned and may, at its sole discretion, decide not to pay any commission to you should we believe that any referral has been made in violation of its guidelines, due to visitor/customer fraud, or due to visitor/customer contract cancellation. It is your sole and absolute duty to precisely follow this Agreement and its guidelines, at all times. W3Space is under no obligation whatsoever to pay any commission to any affiliate who does not strictly follow this Agreement and its guidelines, as modified from time to time.

5. YOUR RESPONSIBILITY

As an affiliate, we provide you with the links and banners necessary to promote W3Space products and services, which you may display in any area of Your Site as you wish. The links will identify Your Site as a member of our Affiliate Program and will establish a link from Your Site to ours. You acknowledge and agree it is your sole responsibility to indicate your correct unique affiliate ID in the promo materials you use on Your Site. You may promote the products and services that W3Space offers in any manner you choose unless it misleads visitors about W3Space services.

You also understand and agree that participation in the Affiliate Program requires ongoing activity. Should you no longer wish to participate in the Affiliate Program, you may withdraw by following the guidelines set by the platform in which you enrolled.

If you are an Affiliate directly with W3Space, you may withdraw by submitting a Notice of Withdrawal via your W3Space account panel. Your email to us must indicate that you will cease use of our advertising tools and remove them from Your Site. Upon receipt of your email, we will confirm removal of our tools from Your Site. Once confirmed, we will ensure that you receive final payment for any valid purchases that are pending commission payment.

Affiliates that are inactive for six (6) months and who have not withdrawn from the program (“Inactive Affiliates”) may, at W3Space’s sole discretion, be considered effectively withdrawn from the program.

6. OUR RESPONSIBILITY

W3Space is responsible for processing the order, cancellations, returns and other related customer service for W3Space products and services. However, W3Space will not be responsible for lost sales due to technical difficulties preventing W3Space from registering a domain name or providing any other product or service to the visitor. W3Space is also responsible for tracking and validating affiliate sales and commissions and providing this information to the chosen affiliate platform in order to facilitate payments. W3Space does not, however, control the payment processing of commission payments to you by the platform which you selected.

W3Space will pay out on commissions for valid sales. Valid sales are sales whereby the customer pays the full, expected price and such sales are not cancelled, reversed, returned or discounted/voided in any way. Where payment happens through a third party platform, W3Space is responsible for payment to the platform you selected and the platform is specifically responsible for payment to you.

7. FTC DISCLOSURE POLICY

At W3Space, our aim is to treat customers fairly and, together with our affiliates, to comply with laws, including all Federal Trade Commission (FTC) regulations that relate to advertising. FTC regulations include, but are not limited to, Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising. Among other criteria it requires that material connections between advertisers and endorsers must be fully disclosed. This means that affiliates that provide an assessment or endorsement of an advertiser (W3Space) must disclose financial or in-kind compensation that is provided by advertiser.

W3Space reserves the right to withhold referral fees and cancel the affiliate relationship with you, should we find, at our discretion, that you do not comply with W3Space's FTC disclosure policy or any other FTC regulations or guidelines we view as applicable.

8. LIMITATION OF LIABILITY

W3Space shall not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration, or inadvertent disclosure of data, information or content transmitted, received, or stored on its system or any third-party systems. With respect to passwords, account identifiers and other systems used to control access to your account, it is your responsibility to safeguard such passwords, account identifiers, and other systems used to control access to your account.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE OUR WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. INDEMNITY AND DEFENSE

With respect to ICANN, the registry operators, and W3Space, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys’ fees and court costs, for third party claims relating to or arising under (i) Affiliate’s breach of or non-compliance with this Agreement, (ii) Affiliate’s use of the services, (iii) Affiliate’s violation or alleged violation of any applicable law, (iv) Affiliate’s violation or alleged violation of any rights of another, including violation of a person’s or entity’s intellectual property rights, (v) any products or services offered, sold or otherwise made available by Affiliate on Affiliate’s Web Site or Publishing Location, (vi) Affiliate’s acts or omissions in using, displaying or distributing any Links obtained from the Direct Affiliate Program or elsewhere, including but not limited to Affiliate’s use of Links via email distribution, or (vii) any assertion that W3Space is obligated to pay taxes in connection with a commission payment made by W3Space to Affiliate pursuant to this Agreement. In the context of this Section only, the term “W3Space” shall including W3Space’s officers, directors, employees, agents, representatives, contractors, and any entity that controls, is controlled by, or is under common control with W3Space. Affiliate’s indemnification obligations set forth in this Section shall survive the expiration, cancellation or termination of this Agreement.

10. LEGAL AGE

You attest that you are of legal age to enter into this Agreement.

11. FINAL AGREEMENT

This Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.

12. NO AGENCY RELATIONSHIP

Nothing contained in this Agreement shall be construed as creating any agency, partnership, employer/employee or other form of joint enterprise between the parties hereto. Each party to this Agreement is an independent contractor and have no right or authority to bind or commit the other party. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

13. WAIVER

The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

14. ENFORCEABILITY

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

15. ASSIGNMENT AND RESALE

Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.

16. FORCE MAJEURE

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, riots and insurrections, war, terrorism, armed conflict, strikes and other labor difficulties (whether or not the party is in a position to concede to such demands), embargoes, judicial action, necessary labor, materials, energy, components or machinery, failure of telecommunications, lockout, boycott, supplier failures, shortages, breaches, or delays, or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over W3Space, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, W3Space may immediately terminate this Agreement.

17. GOVERNING LAW, JURISDICTION, WAIVER OF TRIAL BY JURY

Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Arizona. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court of Arizona, or if there is no jurisdiction in such court, then in a state court in Maricopa County, State of Arizona. You agree to waive the right to a trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

18. HEADINGS

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

19. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

Last revised: November 2, 2020