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TOC

 

CLOUDNAMES SERVICES ARE SUBJECT TO THE FOLLOWING GENERAL CONDITIONS

Article – Definitions
Article 2 – Applicability
Article 3 – Offer and agreement; revocation by the Client.
Article 4 – Term
Article 5 – Agents
Article 6 – Proxy
Article 7 – Prices, Fees and Variations.
Article 8 – Price Modifications on Fixed Fees.
Article 9 – New Versions
Article 10 – Performance, Risk and Retention of Title
Article 11 – Complaints
Article 12 – Intellectual Property
Article 13 – Obligations of the Client
Article 14 – Support
Article 15 – Data Provided by You / Client / Agent
Article 16 -Limitation Of Liability
Article 18 – Institutional Changes
Article 19 – Notification
Article 20 – Force Majeure
Article 21 – Termination
Article 22 – Termination for cause
Article 23 – Denial of Access / Right of Retention / Deletion
Article 24 – Safety Routines
Article 25 – Assignment and sub-contracting
Article 26 – Breach of Contract
Article 27 – Governing Law
Article 28 – Cloudname Domain Services
Article 28.2 – Obligations Of The Customer – Domain Services
Article 28.3 – Disclaimer – Domainservices
Article 28.4 – Cloudnames Domain – Transfer
Article 29 – Cloudnames Hosting Services
Article 29.1 – General
Article 29.2 – Obligations Of The Customer – Hosting Services
Article 29.3 – Content – Hosting Services

CLOUDNAMES – GENERAL SERVICE AGREEMENT

PLEASE REVIEW THE FOLLOWING GENERAL CONDITIONS PRIOR TO USING THE CLOUDNAMES  WEB SITE (“THE WEB SITE”) AND SERVICES. ANY USE OF THE WEB SITE AND ITS CONTENT IS SUBJECT TO THE FOLLOWING GENERAL CONDITIONS. YOUR USE OF THE WEB SITE INDICATES YOUR ACCEPTANCE OF SAID TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT SUCH TERMS AND CONDITIONS YOU MAY NOT USE THE WEB SITE, ITS CONTENT OR THE RELATED SERVICES.

The Web Site may be changed at any time at the Company’s discretion and without prior notice.

This agreement may ALSO be subject to changes due to modifications in ICANN or Registry Administrator policies to which Cloudnames must abide. Amendments to this Agreement shall take effect 30 days after publication of the amended terms and conditions on the website of Cloudnames at https://www.cloudnames.com

(c) Copyright 2012, 2016 Cloudnames AS. All rights reserved.
This legal notice is only available in English.

CLOUDNAMES SERVICES ARE SUBJECT TO THE FOLLOWING GENERAL CONDITIONS

Article 1 – Definitions

In these General Conditions the following definitions are being used, singular as well as plural.

General Conditions or Agreement: these general terms and conditions and enclosures, irrespective of the form in which these general terms and conditions are presented to the Client.

Cloudnames: the private company with limited liability Cloudnames AS, with business reg.nr 997 869 834, having its registered office in Oslo, Norway.

Client, customer or you: the party either acting in the course of a business or profession or as a private person, to whom the offer of Cloudnames is submitted, or with whom Cloudnames has entered into an agreement or on behalf of whom the juristic act based upon which the Products or Services will be delivered is or will be executed.

Registry Administrator means the Top Level Domain Authority administering the domain names purchased by the Registrant.

WHOIS service means an interactive, query-based and publicly accessible Internet utility that returns information about the ownership, contact details and availability of a domain name or IP address.

Service means any service from Cloudnames included, but not limited to specified services and activities which are subject to any offer, proposal, agreement or any other contract or juristic act between Cloudnames and the Client.

Internet  Corporation for Assigned Names and Numbers or ICANN is a non-profit organization responsible for coordinating four key functions for the Internet: the management of the Domain Name system, the allocation of IP address space, the assignment of protocol parameters, and the management of the root server system.

Top level Domain or TLD is a domain at the highest level in the DNS system of the Internet and appears as the last part of a domain name.

DNS means Domain Name System.

Order Form is the form that lists the Services and prices provided by Cloudnames to be approved by the Customer.

Commencement Date means the date Cloudnames accepts the Client’s Order Form or at the moment Cloudnames starts executing the Client’s order.

Necessary Information means data defined by Cloudnames as imperative for the delivery of Services according to this Agreement.

Article 2 – Applicability

The General Conditions shall cover and form part of all offers, proposals, agreements and other juristic acts, either made orally, in writing, electronic or in any other form, concerning the deliverance by Cloudnames of Products and/or Services to or on behalf of the Client.

The General Conditions also apply to Products and/or Services partly or wholly obtained by Cloudnames from a third party and which are, either processed or not, delivered to the Client, as well as to Products and/or Services required for the execution of the offer, proposal, agreement or any other juristic act delivered to the Client on Cloudnames’ instruction.

Deviations from the General Conditions shall only apply if and to the extent that they have been explicitly agreed upon in writing between Cloudnames and the Client.

Enclosures, Service related descriptions or Appendix hereto is a part of this agreement. In case of direct conflict between this General Conditions and Service Agreements , Enclosures or Appendix, the latter will prevail.

Cloudnames explicitly rejects any applicability of any general (purchase) conditions used by the Client.

If and to the extent that any provision contained in these General Conditions should prove not valid for whatever reason, the other provisions of these General Conditions shall remain in full force and effect. Cloudnames and the Client shall negotiate a new provision that shall approximate the contents and the scope of the original provision as closely as possible.

This agreement may ALSO be subject to changes due to modifications in ICANN or Registry Administrator policies to which Cloudnames AS must abide in order to deliver the Services. Amendments to this Agreement shall take effect 30 days after publication of the amended terms and conditions on the website of Cloudnames at   www.cloudnames.com.

Article 3 – Offer and agreement; revocation by the Client

All offers from Cloudnames are valid for the period as mentioned in the offer concerned. If no period is mentioned, the offer will be valid for fourteen (14) days after the day on which the offer was presented.

An agreement shall have been concluded as soon as Cloudnames accepts the Client’s Order or at the moment Cloudnames starts executing the Client’s order. Nevertheless Cloudnames reserves the right to refuse any order or assignment within 5 business days from commencement day.

Article 4 – Term

Subject to the rights of termination within this Agreement this Agreement takes effect on the Commencement Date and shall continue in force for an initial period as specified in the Order Form (the “Initial Term”).  At the end of the Initial Term, and each subsequent anniversary thereof, this Agreement shall automatically renew for the same period as the Initial Term.

Article 5 – Agents

If your application for Products or Services is submitted on your behalf by an agent, you will nonetheless be bound by all terms and conditions in this Agreement, including ICANN terms and conditions as referred to.

If you are an agent submitting for a service on behalf of someone else, you may not submit such application without the permission and knowledge of that person and/or the final user of such services.

By submitting the application, the agent represents and warrants that (i) the agent is authorized to apply for the Service and Cloudnames’s services on your behalf; (ii) the agent is authorized to commit you to the terms and conditions of this Agreement, including Appendix hereto; and (iii) the agent has appraised you of the terms and conditions of this Agreement. In addition, you are responsible for any acts or omissions of your agents.

Your use or continued use of Cloudnames’s services ratifies any unauthorized actions of an agent on your behalf.

Cloudnames will not refund fees paid by you or the agent for the failure of you or your agent to comply with the terms and conditions of this Agreement and for the provision of inaccurate information in the application process by you or your agent.

 

Article 6 – Proxy

By entering this Agreement, the Client represents and warrants that Cloudnames is authorized to act on its behalf, provided that such representation is relevant for the Service.

 

The Client has an obligation to verify all information provided or collected by Cloudnames for the purpose of providing the Service. All information used for this purpose is assumed to be correct and up to date ref. Article 15. Cloudnames will not assume any liability based one the clients failure to verify the information used in this respect.

Article 7 – Prices, Fees and Variations

All prices and fees mentioned by Cloudnames are in US Dollars (USD), unless explicitly otherwise stated.

Cloudnames is responsible for the website transactions. Credit card details are entered on a secured page (https) and are transferred using SSL.

All prices and fees are excluding value-added tax (VAT) and any other taxes or government levies, as well as costs for transport and delivery, unless explicitly otherwise stated.

All Services will be invoiced in advance according to invoice. Cloudnames is entitled at all times to require payment in advance by the Client, for example by way of a direct debit mandate issues in favour of Cloudnames and to postpone deliverance until such payment in advance has been received. Furthermore Cloudnames is entitled to require security from the Client for the fulfilment of its payment obligation in any form, to be indicated by Cloudnames, such as a bank guarantee. In such event, the Products and/or Services will only be delivered after such security has been obtained.

The Client will pay Cloudnames’s invoices within the term specified on the invoice concerned. If no term has been specified, the invoice must be paid within 30 days after the date of invoice. The Client shall not be entitled to any postponement, set-off or reduction outside the scope of its rights in this respect under mandatory law.

All payments by the Client to Cloudnames shall first be applied against the oldest of any outstanding invoices, irrespective of any other indication by the Client.

Cloudnames can solely decide or change means of payment without serving any notification to the customer.

If the Client fails to pay an invoice within the term of payment, the Client is in default without a warning or notice of default being required. From the time at which the Client shall be in default until the day of payment in full, interest shall accrue on the outstanding amount at the statutory rate.

If payment is delayed, an interest charge will be incurred on overdue payments for each month started or at that time extra fee according to currently applicable law or debt collection regulation.

 If the Client continues to be in default in his obligation to pay the outstanding invoice with accrued interest, Cloudnames can place the matter in the hands of a lawyer or a debt-collector agency. All collection costs incurred by Cloudnames in respect of such collection, both in law (judicial costs) as well as out of law (extra judicial costs) shall be for the Client’s sole account.

In the event payment made by you or your agent is revoked, Cloudnames has the right to immediately deactivate your account and transfer the registration of the domain name to Cloudnames without prior notice to you. To re-activate your account or to implement the re-transfer of the registration from Cloudnames to you, you will be liable to pay to Cloudnames a a penalty per registration for which payment has been revoked. Such penalty must be paid in full before your account will be reactivated and the registration re-transferred to you. The acceptance of the payment of such penalty and the reactivation of your account or the re-transfer of the domain name registration shall be at the sole discretion of Cloudnames.

Article 8 – Price Modifications on Fixed Fees

1. General

The customer shall be notified of price changes. Such notification shall be regarded as known and approved of by the customer, provided that Cloudnames can prove that e-mail or letter of notification has been sent out to the Customer’s Contactperson. The notification requirement shall be calculated from the same calendar day in which the service started.

2. Price Modifications during the Subscription Period

 Cloudnames can at any time in the contractual period change all prices with a minimum of 3 months prior notice.

 

3. Price Modification and Subscription Renewal 

Cloudnames can change all prices with a minimum of 60 days prior notice. The price changes will by renewal have effect for new contractual periods.

 

In the event, price changes are adopted according to this stipulation, the Customer may continue the contractual period based on the pre-existing terms, granted the customer notifies Cloudnames of a desire to do so within 30 days of the prior notice and objects to the revised price. In such cases, the contract will be seen as having been cancelled by the customer.

 

Article 9 – New Versions

Article 9 Changes

Cloudnames may change, discontinue or deprecate any of the Services offerings or change or remove features or functionality of the Service offerings from time to time. We will notify the Customer of any material change to or discontinuation of the Service offerings.

Cloudnames may change, discontinue or deprecate any APIs for the Services from time to time but will use commercially reasonable efforts to continue supporting the previous version of any API changed, discontinued or deprecated for 12 months after the change, discontinuation or deprecation – unless if doing so would pose a security or intellectual property issue, is economically or technically burdensome or is needed to comply with the law or requests of governmental entities.

Cloudnames may change, discontinue or add services level agreements from time to time.

Article 10 – Performance, Risk and Retention of Title

All items delivered to the Client will remain Cloudnames’s property, until the Client has fully paid all amounts due because of any Products and/or Services delivered by Cloudnames, with accrued interest and costs. Insofar it has been explicitly agreed upon in writing that any rights will be granted or transferred, such rights will at all times be granted or transferred under the condition that the payments concerned will be timely and fully made.

Article 11 – Complaints

All of Client’s objections against any of Cloudnames’s invoices or a directly debited amount must be notified in writing to Cloudnames within 14 (fourteen) days after the date of invoice or the date of direct debit, after which term the amount concerned is considered to be acknowledged.

If the Client is of the opinion that any Product or Service delivered by Cloudnames does not meet with the agreed conditions, the Client must notify Cloudnames thereof within 14 (fourteen) days of commencement day.

Article 12 – Intellectual Property

All intellectual property rights regarding the Products and/or Services as well as all designs, software, documentation and all other materials developed and/or used for the preparation or execution of the agreement between Cloudnames and the Client, or deriving there from, are the exclusive ownership/property of Cloudnames or its suppliers.

The delivery of any Products and/or Services does not imply any transfer of intellectual property rights.

The Client will only obtain a non-exclusive and non-transferable license for the use of the Products and the results of the Services for the agreed objectives. The Client commits himself to adhere rigidly to any conditions, laid down in the General Conditions or imposed in any other way.

The Client will never disclose, copy or make available to third parties any Product or result of a Service, without Cloudnames’s prior written consent.

The Client is prohibited from removing or changing any copyright or other notices of Cloudnames or its suppliers.

Cloudnames warrants that it is entitled to grant the license as mentioned in article 12.2 and indemnifies the Client against any claims of third parties in this respect.

Article 13 – Obligations of the Client

1. The Client will at all times timely and completely provide Cloudnames with all data and other information required by Cloudnames, necessary for the delivery of the Products and/or Services.

2. The Client has an obligation to present The Necessary Information within 5 working days following a demand for such by Cloudnames.

3. The Client warrants that the information as meant in article 13.1 is valid, updated, correct and complete, and that he is entitled to provide Cloudnames with such information for the delivery of the Products and/or Services. The Client indemnifies Cloudnames against all third parties’ claims in this respect.

4. If any of the data provided by the Client must be considered to be personal data, the Client guarantees that with regard to such personal data, all applicable regulations for the protection of privacy have been observed and that Cloudnames is entitled to use and process such personal data. The Client indemnifies Cloudnames against any third parties’ claims in this respect. If and to the extent that the Client provides Cloudnames with his own personal data, the Client herewith explicitly authorizes Cloudnames to keep and to process such data, insofar this reasonably follows from the agreement between parties. Cloudnames will ensure that it on its own side will also strictly observe all applicable privacy regulations.

The Client acknowledges the obligation set forth by ICANN and various Registryes which Cloudnames must abide at any given time in order to timely perform the requested services to the Client. The Client abides to actively and timely contribute to solving tasks provided, presenting The Necessary Information cfr 1.13 or answering to instructions by Cloudnames in this respect.

Cloudnames will use its best efforts to act in a timely and professional manner in delivery of the Services . However, the Client acknowledges that the Services rely on interaction with regulatory bodies, as ICANN, various ICANN Constituencies, other supporting service providers, Registries, imposed rights protection mechanisms and Cloudnames cannot assume any risk or liability based on default or changes to the Services as deemed accordingly.

The Client is aware of and acknowledges that the full functionality of the Services may rely on the Clients chosen application provider and Cloudnames will not assume any risk or responsibility for loss or deviance by such external providers serving the Client, hereunder there ability to act on behalf of the Client upon Cloudnames request for Necessary Information cfr 1.13.

Article 14 – Support

Cloudnames provide chat and email support.

Article 15 – Data Provided by You / Client / Agent

You and your agent shall ensure that your application for a Service contains accurate and reliable contact details.

You shall ensure that you or your agent promptly correct and update such contact details during the term of the Services, including but not limited to;

your full name, postal address, e-mail address, telephone number, and (where available) fax number,

You shall ensure that you or your agent promptly present, correct and / or update other data required for the performance of the Services during the term of the Services.

Collecting and handling of any personal information is processed in accordance with Norwegian law and is not sold to third parties. Cloudnames follow ICANN’s and country specific Registries whois policies regarding display of personal information on whois servers:

https://whois.icann.org/en/policies

Article 16 – LIMITATION OF LIABILITY

THE STATUTORY LIABILITY OF CLOUDNAMES DUE TO AN ATTRIBUTABLE FAILURE TO PERFORM UNDER THE AGREEMENT WILL BE LIMITED TO COMPENSATION, DAMAGES AND/OR LOSS NOT EXCEEDING THE SUM STIPULATED FOR THE SERVICE CONCERNED.

IF THE TERM OF THE SERVICE RUNS LONGER THAN ONE YEAR, THE MAXIMUM COMPENSATION WILL NOT EXCEED THE TOTAL SUM OF PAYMENTS FOR THE YEAR IN WICH SUCH FAILURE OCCURS, WHEREBY A SERIES OF CONNECTED INCIDENTS OR EVENTS WILL COUNT AS ONE INCIDENT OR EVENT.

 

IN NO EVENT SHALL CLOUDNAMES NOR ITS PARTNERS, NOR ANYONE ELSE INVOLVED IN CREATING, SUPPORTING, PRODUCING, OR DELIVERING THE REGISTRY SERVICES (INCLUDING, WITHOUT LIMITATION, SUSPENDING OR DISCONTINUING THE REGISTRY SERVICES) BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, OR LOST EQUIPMENT, AND ANY WEBSITE OR NETWORK DOWNTIME, COST OF PROCURING SUBSTITUTE SERVICES HEREUNDER, EVEN IF CLOUDNAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT, IN THE ABSENCE OF THESE LIMITATIONS OF LIABILITY, THE TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT

 

NEITHER CLOUDNAMES NOR ANY OF ITS RESPECTIVE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKES ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.  EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION x ABOVE, CLOUDNAMES SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Article 18 – Institutional Changes

In the event that ICANN, any governmental authority or any other legal entity requires any change to the provision of Service or the Services as defined or any other aspect of the services as authorized under or prior to an ICANN Registry Agreement (“Institutional Changes”), Cloudnames shall implement such changes within a commercially reasonable period of time, but at a minimum within any reasonable time frames set by the entity that required the Institutional Change.  

UNDER NO CIRCUMSTANCES SHALL CLOUDNAMES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCURRED BY YOU AS A RESULT OF SUCH INSTITUTIONAL CHANGES, HEREUNDER, BUT NOT LIMITED TO, SUSPENSION, CANCELLATION, DELETION, INTERRUPTION OF SERVICES OR TRANSFER DUE TO PROCEDURES, RIGHT PROTECTIONS MECHANISEMS (RPM`S), RULES OR POLICIES LAID DOWN BY ICANN OR ANY OTHER LEGAL ENTITY OR DUE TO PRACTICES, CUSTOMS OR PREJUDICES OF COURT OF LAWS OR DISPUTE RESOLVING ARBITRATORS.

Article 19 – Notification

All communication between Cloudnames and the Client will be conducted via e-mail or in other ways chosen by Cloudnames. Such messages shall be regarded as received and the context known, if notice has been sent by e-mail to the addresses depicted in the Client‘s contact details at the date of the notice;

if hand delivered at the time of delivery by posting through the letter box of the correct addressee;

if sent by facsimile within one hour of transmission during business hours at its destination or within 24 hours if not within business hours but subject to proof by the sender that it holds an acknowledgement confirming receipt of the transmitted notice in readable form;

and if sent by post within 48 hours of posting (exclusive of the hours of Sunday) if posted to an address within the country of posting and seven days of posting if posted to an address outside the country of posting.

 

Article 20 – Force Majeure

There is no attributable failure by Cloudnames if there is an event of force majeure.

 

If the performance of this Agreement or any obligations hereunder is prevented, restricted, or interfered with by reason of acts of God, acts of a governmental authority, riot, revolution, fires, or war, communications delay, or other cause beyond the reasonable control of the parties hereto (“Force Majeure”), the party so affected will be excused from such performance during the period that the Force Majeure prevents, restricts or interferes with such performance, or until the earlier removal of such Force Majeure, provided that the party so affected will use its best efforts to avoid or remove such causes of non-performance as soon as possible, and shall continue performance hereunder with the utmost dispatch whenever such causes are removed.  In no event will this provision apply to excuse a party from any payment obligations under this Agreement.

 

If the event of force majeure continues for a period of 60 (sixty) consecutive days, then the Client shall be authorized to dissolve the agreement by issuing by registered mail a notice to this end, without judicial intervention being required. Such dissolution does not oblige Cloudnames to pay compensation for damage and/or loss. Cloudnames is entitled to receive payment from the Client for the delivery of Products and/or Services already made prior to the force majeure prevailing.

Article 21 – Termination
General

The Customer has a grace period of 30 days within which it is possible to download information held by Cloudnames – following termination of the Agreement. This provision is only effective in cases where Customer has made payment in full for all services rendered and shall not place any limitations on Cloudnames’ rights according retain information until payment has been recived ref 23.

Immediately after the termination of the agreement, for whatever reason, the Client commits himself to cease any and all use of the Products and/or results of Services supplied, and will return all copies of software, documentation and all other materials that are provided to the Client within the scope of the agreement.

 

Either party may terminate this Agreement by giving written notice not less than sixty (60) days prior to the end of the Initial Term. A timely and correct termination will only effect the Parties obligations following the expiration of the Initial Term.

Consumers

Customers that are consumers may have the right to cancel a pending order. When registering a domain name alone, or together with web products, which requires organisation or company entity, the Customer cannot, as a general rule, invoke the right to cancel.

If the Customer invokes the right to cancel in accordance with the Service Agreement or mandatory law, Cloudnames will accept return of performance, and the Customer will get the payment refunded, save the exceptions under section 1.2 here.

The right to cancel is valid for 14 days from the date of order.

Article 22 – Termination for cause

Each party is entitled to dissolve the agreement without any judicial intervention being required if the other party fails imputably in its obligations under the agreement and the attributable failure will not be remedied in time after such party has been given properly notice of default.

The dissolution does not release the Client from any payment obligation regarding any Products and/or Services delivered by Cloudnames, unless Cloudnames is in default with regard to such Product or Service.

Cloudnames can dissolve the Agreement if the Client imputably fails to comply with the obligation to provide data ref. 13, , ref 15.

Cloudnames is entitled to dissolve the agreement with immediate effect, without any notice of default or judicial intervention being required and without becoming liable for damages, if the Client submits an application for suspension of payments, or the Client applies for bankruptcy, or is declared bankrupt, or if all or part of the Client’s assets are attached.

Non-payment within the given due date will result in the service being terminated, whereupon all contents in the Customer’s designated area of Cloudnames’ servers will be deleted, yet the amount will continue to be due in full.

Article 23 – Denial of Access / Right of Retention / Deletion

Cloudnames may deny Customer access to the server and/or levy Customer’s administrative rights on the server and deny Customer the ability to publish or otherwise make use of files, etc., until adequate payment has been made.

In the event Customer has not effected payment in full for services rendered within 6 (six) months of the termination of the Agreement, Cloudnames has the right to delete all such materials stored on the server. Customer assumes responsibility for all such deletion. Cloudnames may under no circumstances exercise its right to retain or delete server contents as long as Customer has effected sufficient security for past due amounts or for future rental charges. Sufficient security includes a bank note from an accredited financial institution, which covers past due amounts plus interest. Payment shall fall due within 30 days from the date on which files shall be released to Customer or from the date on which a new set of administrative keys is to be issued to Customer.

Article 24 – Safety Routines

The customer agrees to utilize any applicable templates provided by Cloudnames, or designated by Cloudnames.

Cloudnames can ignore all communication from the Customer in cases where communication has not been submitted to Cloudnames through the correct template or e-mail available at  www.cloudnames.com/support

As a safety measure, Cloudnames is entitled to verify usernames and passwords and to keep them in order to be able to take appropriate measured in case of loss or misuse.

Cloudnames will consider any person appointed by the Customer as the contact person, or listed in communications as the e-mail recipient, as being the Customer, and this person will be deemed to have the power to act on behalf of the Customer in all matters relating to this Service Agreement. The power to act on behalf of the Customer shall be deemed to include deleting, moving, cancelling or other transactions that affect the scope of the services. Cloudnames requires the Customer to introduce adequate routines to safeguard and ensure correct processing of the rights to the domain/web. The Customer shall notify Cloudnames of any changes in control and contact information.

Any Customer or User passwords that are allotted to the Customer are the sole responsibility of the Customer and the Customer shall keep all such passwords confidential to itself and take all security measures to prevent any unauthorised person from gaining access to any password.

Cloudnames is responsible for establishing and maintaining security routines, which, at any given time, are deemed to be sufficient for preventing unauthorised access to the Users’ infrastructure with Cloudnames and the contents therein. If the Customer learns of any attack on or infringement of any Cloudnames or Customer or User infrastructure or if any legal action or any proceedings are instituted against Cloudnames in opposition to the User’s proper use of the infrastructure, the Customer shall immediately inform Cloudnames.

The Customer has the responsibility to perform backup of all files published on the

Customer’s  designated  area  on servers and store the back up in a secure location.

Cloudnames is not responsible in any event for claims based on losses that could have been avoided had the Customer taken and stored back up accordingly.  

Cloudnames can access and copy the Customer’s stored information, when Cloudnames has reason to believe that the Customer is publishing or distributing illegal contents, or in some other way contributing to an illegal activity using Cloudnames’s servers. Cloudnames shall delete the copied contents as soon as suspicion has been refuted, or when the need for a copy can no longer be justified.

Under no circumstances will Cloudnames give others access to the contents retrieved unless the Customer consents or an order for compulsory disclosure is served on Cloudnames by governing authorities.

If potentially illegal contents etc. is published at or distributed from the Customer’s designated area of Cloudnames’s server, Cloudnames reserves the right to inform the relevant governing authorities and forward the relevant contents from the Customer’s designated area to said authorities.

Article 25 – Assignment and subcontracting

Save as provided in Clause 2 of this section, a party may not assign, transfer, charge or deal in any other manner with this Agreement or any of its rights under it, nor sub-contract any or all of its obligations under this Agreement without having obtained the prior consent of the other party.

Cloudnames reserves the right to assign any or all of its obligations under this Agreement as part of a bona fide merger, reorganisation or sale of its business. Cloudnames can only transfer rights and obligations according to this agreement if the service is transferred to a legal entity, which is located in a country where it is possible to secure proper protection and treatment of information related to the customer. Legal entities in countries that have implemented directive 95/46/EF, regarding protection of persons in regards to the treatment of personal information and about the free exchange of such information, shall be regarded as to forfil the demand for proper protection.

Article 26 – Breach of Contract

Failure to abide by any Section of this General Conditions is considered to be a material breach that will be sufficient basis for Cloudnames cancellation of the Services provided.

Article 27 – Governing Law

All offers, proposals, agreements and other judicial acts concerning the delivery of a Products and/or Services are governed by the laws of Norway.

If a dispute arises between the parties concerning the interpretation or legal effect of the agreement, Cloudnames can demand that an attempt shall be made in the first instance to resolve the dispute through negotiation.  If such negotiations do not reach a conclusion within 30 days of the demand for the negotiations being made, the dispute shall be forwarded to the local courts in Norway, Oslo.

Article 29 – Cloudnames domain services

Article 29.1        – General

Cloudname Domain services include the application, registration and administration of domain names for use on services over the Internet. The Customer can park or use the domain name in connection with e-mail, hosting and other services where a domain name is required.

The following terms apply when submitting an application for a domain name.

You hold no rights over a domain name until a Registry has accepted your application and filed a registration of the domain name, and the full registration fee has been paid and cleared into Cloudnames`s account.

If you license use of the domain name to a third party you are nonetheless the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. If you license use of the domain name you will nonetheless be liable for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.

Cloudnames will only start handling any request for registration of a domain name   when it has received the appropriate order form, completely and correct filled in by a person, authorized to represent the applicant and including all documents necessary for such registration.

Cloudnames will use its best efforts and act professionally in handling all requests for registration of a domain name. However, the Client acknowledges that filing for registration of a domain name is no obligation to guarantee a result; Cloudnames cannot guarantee that the domain name will be available at the moment of request or that the domain name will be registered by the organisation concerned in the name of the Client.

Cloudnames cannot accept any liability in the event that the domain name is not (longer) available, the request for registration will be rejected, the term for raising objections or the term for filing an appeal lapse because the Client does not provide Cloudnames with any reaction or for any third parties’ claims for a specific domain name.

This service is completed when the Registry approves the domain name, and the service can accordingly not be cancelled after this time even though the lawful cancellation period of 14 days has not expired.

The Customer accepts that Cloudnames, free of charge, can use logos, banners, etc., in connection with the Customer’s domain name or IP address, until the domain name or IP address is linked to a hosting service.

Article 29.2 – Obligations of the customer – Domain services

It is the sole responsibility and risk of the Customer that the application is in accordance with the name policy of the relevant Registry at any time.

In relation to disputes concerning or arising out of use of the domain name, you agree to submit without prejudice to potentially available other jurisdictions, to the jurisdictions of the courts of your domicile and the courts in the jurisdiction of the relevant Registry Administrator.

It is the sole responsibility and risk of the Customer to ensure that the registration or use of the relevant domain name does not infringe the intellectual property or proprietary rights of others.

It is the duty of the Customer to investigate whether the domain is actually registered, even after submitting an order, and in any case before he incurs charges for services or products which directly refer to, or are expected to be related to the domain name. Cloudnames shall not be liable for any losses, claims or damages, which otherwise would have been avoided or reduced, had this obligation been complied with.

By submitting your application for a domain name registration to Cloudnames, you consent to the collection and processing of data in connection with the public query-based Whois information e.g. Customer name, postal address, e-mail address, fax, telephone number, etc., for your self, for the Technical contact and for the Administrative contact.

This consent (if necessary) includes public query based Whois information of the IP addresses of the primary and secondary nameservers, corresponding names of those nameservers, the original creation date of the registration, and the expiration date of the registration.

Article 29.3 – Disclaimer – Domainservices

THE CUSTOMER ACKNOWLEDGES THE OBLIGATION SET FOURTH BY ICANN AND ANY COUNTRY CODE REGISTRY ETC, WHICH CLOUDNAMES MUST RESPECT AT ANY GIVEN TIME. CLOUDNAMES IS NOT LIABLE FOR TERMINATION, TRANSFERRALS ETC, IF SUCH EVENTS ARE INITIATED DUE TO SUCH CONTRACTUAL OBLIGATION.

CLOUDNAMES IS UNDER NO CIRCUMSTANCES RESPONSIBLE FOR THE CORRECTNESS OR AVAILABILITY OF SEARCH ENGINES, WHOIS DATABASES OR OTHER EXTERNAL INTERNET RESOURCES LINKED TO FROM CLOUDNAMES’S CORPORATE WEB PAGES.

CLOUDNAMES PROVIDES ITS DOMAIN NAME SEARCH AND REGISTRATION SERVICE ON AN “AS IS” BASIS. BECAUSE THE INFORMATION CONTAINED IN YOUR DOMAIN NAME SEARCH RESULTS IS GENERATED ELECTRONICALLY FROM MULTIPLE DATA SOURCES, YOU SHOULD NOT ASSUME (1) THAT ANY OF YOUR DOMAIN NAME SEARCH RESULTS ARE ERROR-FREE; (2) THAT ANY REPORT WILL RETURN COMPLETELY ACCURATE, RELIABLE, TIMELY, CORRECT, USEFUL OR COMPLETE RESULTS; OR (3) THAT YOUR USE OF THE DOMAIN NAME SEARCH SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

CLOUDNAMES MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FITNESS OF THE SERVICES FOR ANY PURPOSE WHATSOEVER.

UNDER NO CIRCUMSTANCES SHALL CLOUDNAMES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE DOMAIN NAME REGISTRATION, HEREUNDER, BUT NOT LIMITED TO,
A) THE DOMAIN NAME’S SUSPENSION, CANCELLATION, DELETION, INTERRUPTION OR TRANSFER DUE TO PROCEDURES, RPM`s, RULES OR POLICIES LAID DOWN BY ICANN OR REGISTRY ADMINISTRATOR OR DUE TO PRACTICES, CUSTOMS OR PREJUDICES OF COURT OF LAWS OR DISPUTE RESOLVING ARBITRATORS;
B) REGISTRATION AUTHORITY’S REFUSAL OF GRANTING YOU THE DOMAIN NAME FOR WHATEVER REASON, OR
C) LOSS OF DATA OR INCOME INCURRED BY YOU DUE TO A MALFUNCTIONING IN CLOUDNAME`s DOMAIN NAME SERVERS.

BY COMMITTING AND APPLICATION FOR A GENERIC TOP-LEVEL DOMAIN (GTLD), YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ANY APPLICABLE REGISTRY., ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES ARISING OUT OF OR RELATING TO THE DOMAIN NAME REGISTRATION.

Article 29. 4 – Cloudnames domain – Transfer

The Customer cannot transfer his rights and obligations under this agreement without consent from Cloudnames.  For consent to be granted, it is a condition that the Customer has paid for all services rendered by Cloudnames, in their respective full contractual period(s).

The customer agrees to consult Cloudnames in order to determine whether the service may be provided in the event of a move, and this must be done prior to any partial or complete move or change of supplier and in all cases prior to entering any agreement that involves transfer of rights and obligations related to the service to a third party.

You will be prohibited from changing Registrar during the first 60 days after initial            registration of a second level domain name. Beginning on the 61st day after the initial registration with Cloudnames, the then current procedures for transfer of sponsorship will apply.

Article 30 – Cloudnames Hosting Services

Article 30.1 – General

Cloudnames shall ensure careful, reliable operation of the server in accordance with a high security level.  Amongst other things, this entails back-up routines and limited write access for all users accessing the server.  Cloudnames is responsible for correcting errors that occur in the service systems unless the errors occur as a result of improper use by the Customer or Users, external viruses, modification or integration of software not performed by Cloudnames or use of the Services for purposes other than those for which it was originally designated.

The service systems shall be in operation 24 hours a day with the exception of periods of required or notified stoppages for maintenance purposes.  Cloudnames shall monitor the service hereunder on a continuous basis and shall follow up the status of the equipment that forms part of the service (machines and connectivity).

Article 30.2 – Obligations of the customer – Hosting Services

If the contents of the Customer’s web site regularly generate more server traffic than is deemed acceptable by Cloudnames according to the agreed upon service level, Cloudnames shall issue a warning by e-mail to the Customer in which Cloudnames requests that the Customer remove the contents or upgrade. Overloading may be caused by abnormally high traffic on the Customer’s web pages or by powerful software solutions, which the Customer has installed on the web site. The warning will also contain the terms and conditions for the Active Rented Server solution, which is capable of handling the customer’s prevailing level of traffic. If the Customer does not comply with this warning, Cloudnames reserves the right to close down the Customer’s web site.

If the Customer has installed software that causes errors or problems on the server, which hamper other users on the same server, Cloudnames reserves the right to close down the Customer’s web site or instruct the Customer by e-mail that he or she must stop using the software in question. A close – down will be regarded as a termination for cause. The Customer’s duty to pay shall be in force until the expiry date of the original contract.

Any information or material uploaded to the Customer’s designated area of Cloudnames’s servers shall be considered the Customer’s sole responsibility. The Customer retains ownership and intellectual property rights to the material that the Customer or the User publishes on the Customer’s designated area of Cloudnames’s servers.

Article 30.3        – Content – Hosting Services

Any content that is being published on, or referred to from, the Customer’s designated area of Cloudnames’s server, shall comply with Norwegian law, the law of the country or countries in which the Customer has a permanent establishment or domicile, and the law of the countries at which the contents is targeted or intended.

Cloudnames has a family-friendly corporate profile and does not permit contents or references to contents, which, amongst others:

  • Promote hatred, racial or otherwise, describe or display cruel or inhumane acts of violence in a manner that makes the information appear harmless or praiseworthy.
  • Display pornographic material.
  • Offend human dignity.
  • Glorify war.
  • Describe or display assault, harassment or sexual abuse of children.
  • Describe or display sexual acts between humans and animals.
  • Is apt to subject children and young people to immoral or harmful influence.

Cloudnames will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Cloudnames policy or applicable law. When Cloudnames becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

While Cloudnames does not systematically monitor or exert editorial control over the content of the Customer or Users websites, Cloudnames reserves the right to remove any hypertext links to third party websites or other content which in the reasonable opinion of Cloudnames, may violate or infringe any law or third party rights, of whatever nature, or otherwise exposes or potentially exposes Cloudnames to civil or criminal liability or public ridicule.

Article 31 – Accepted use policy

Cloudnames accepted use policy prohibites the following activities from its customers, affiliates, or subsidiaries:

Spamming — Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward Cloudnames, but also because it can overload Cloudnames’s network and disrupt service to Cloudnames subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Cloudnames has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list.

Intellectual Property Violations — Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Cloudnames is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Cloudnames`s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials — Using Cloudnames’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Cloudnames is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Cloudnames’s network.

Defamatory or Abusive Language — Using Cloudnames’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks — Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities — Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this General Terms — Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this General Terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Other Illegal Activities — Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities — Engaging in activities, whether lawful or unlawful, that Cloudnames determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

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