Service Agreement : Terms & Conditions

• Service Provider shall have sole ownership of any copyright (or any other rights) pertaining to said service. Service provider may permit others to copy, link to, or reproduce its directories in whole or in part, including those in which said Service appear.
• In the case when Client is authorized by Service Provider to make any change, Client agrees to notify service provider with detailed modifications made to the original Service. Client shall not remove any references to copyright, creation/creator credits and/or links to service provider’s uniform resource locator address (URL), known collectively as service provider's web site, service provider's related web sites, or service provider's email addresses. Service provider reserves the right and Client agrees to allow service provider to edit said copyright information, creation/creator credits and/or links to service provider's URLs or email addresses at any time and in any fashion, including but not limited to assignment of Copyright ownership or removal of copyright information, creation/creator credits and/or links to service provider 's URLs or email addresses.
• The illustrations, copy, clips, composition, underlying html code, all programming codes & other scripts, functional process, and any other work, excluding registered trademarks, service marks, and art work or programming codes whose copyright is otherwise owned, used in preparation of the Service are the property of Service Provider's. Client agrees that the service may not be reproduced or assigned for reproduction, in any form or by any means, in whole or in part, without the express prior written consent from service provider. Service provider reserves the right to showcase the service and client’s name & service mark during or after the service term/duration.

Client assumes full responsibility for and warrants that it is the owner of or is entitled to use any copyrights, trademarks and tradenames in its Service, and is authorized to engage in the business or profession described; client shall defend, indemnify and hold harmless Service Provider from and against any and all claims, demands, losses, judgments, costs, attorney fees, and liabilities that may be asserted, imposed against service provider directly or indirectly arising from or claimed to have arisen from or in connection with any of the service provided or during the performance or execution of the service provided; client agrees to provide service provider, network authorities, registrar, reseller all documents, information, setups, handling, delivery, signing, as instructed by service provider within given date, & provide correctly setup DNS (for applicable projects; primary & secondary on different IP blocks / name-based + IP-based DNS); client shall cooperate, respond, reply within seventy-two working hours after informed by service provider, unless otherwise explicitly instructed by service provider; making or accepting offers or terms constitutes a legally binding agreement, client is solely responsible for any price, offer or conditions offered or accepted during or after a project; client is granted limited, non-transferable, non-perpetual , non- exclusive usage to the Service and content of said Service, only for & during the intended project; service & information provided for any particular subsidiary shall not be shared by any other subsidiaries or parent; all project material, know-how, information, content, including but not limited to any agreement, contracts, forms, procedures, processing, document, reference, image, email, portable document format, system, CMS content management system, scripts, codes, any DNS reference or setting, are property of service provider’s & shall be kept confidential by client, any application, printing, duplication, reuse, reproduce, reverse engineering, disassemble, decompile, decompose, recombination, capture, sharing with any third party, parent or subsidiaries / branches, via any means / forms is disallowed & violation is subject to prosecution; service provider values Client’s privacy & has a strict no-spam policy; service provider does not rent, sell or share Client's confidential details for marketing gains, or with 3rd party unless when required to do so by the law.

REFUSAL TO SERVICE

Service Provider reserves the right to refuse or discontinue the Service for any Client/User at any time. Service provider reserves the right to refuse service for any Ad or material that service provider feels are not legal, moral or in the best interest of service provider or its Clients or other arbitrary reasons determined by service provider, and service provider is not responsible for content of any materials. Service provider may cancel this agreement, at its sole discretion, for failure of licensee to abide by its terms.

DISCLAIMERS: LIMITATION OF LIABILITIES

• Service Provider intends to use its best efforts to ensure the Service is published in accordance with corresponding agreement. However, service provider acknowledges and Client agrees that mishaps, including but not limited to errors, omissions, and delays may occur. Business is accepted and conducted by service provider only upon the basis that service provider is under no liability in such a case.
• ALL SERVICE & ANY INFORMATION OR CONSULTATION IS PROVIDED AS IS, WITHOUT WARRANTIES OR CONDITIONS, EXPLICIT OR IMPLIED, WHATSOEVER; ANY TERMS NOT SPECIFIED HEREIN SHOULD REFER TO SERVICE PROVIDER'S POLICIES http://pearlview.com/contract/ ; CLIENT AGREES TO BE BOUND BY APPLICABLE RULES & REGULATIONS, INCLUDING BUT NOT LIMITED TO : CORRESPONDING DOMAIN REGISTRATION RULES, REGULATIONS AND PROCEDURES / DOMAIN NAME DISPUTE RESOLUTION POLICIES & REGISTRAR / RESELLER / PROVIDER RULES & REGULATIONS; THIS AGREEMENT GOVERNS CLIENT'S USE OF SERVICE PROVIDER'S CURRENT, ONGOING, COMPLETED, EXPIRED SERVICE & PROJECTS, AND SUPERSEDES ANY PRIOR AGREEMENTS IN ANY FORM; ALL APPLICABLE TERMS IN THIS CONTRACT, INCLUDING BUT NOT LIMITED TO, CLIENT'S CONFIDENTIALITY OBLIGATION, SHALL REMAIN IN EFFECT AFTER THE EXPIRY DATE OF SERVICE OR TERMINATION OF THIS CONTRACT; CLIENT IS SOLELY RESPONSIBLE FOR REVIEWING SERVICE PROVIDER'S POLICIES ON A REGULAR BASIS.
• Accordingly, it is a fundamental term of this agreement and Client agrees that in the event an error occurs, Service Provider shall not be required to give any notice to Client or any User (including any possible users of said Service, hereinafter referred to as "User") of any error or omission.
• Service Provider makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content or materials included on the Service provided. Service provider will not be liable for damages of any kind arising from the use of any service, including but not limited to, direct, indirect, incidental, consequential, special, punitive or other damages whatsoever (including liability for Client's customer damage, & Client/User's loss of use, loss of data or profits). Client expressly agrees that Client's use of Service is at Client's own risk.
• Service Provider assumes no liability for any claims, losses, damages or loss of business the Client may directly or indirectly incur by reason of any act, neglect, fault or representation of service provider such as: busy signals, disruptions in Service due to hardware, software or network failure or maintenance, damage to Client/User's equipment due to the use or installation of the software and/or Service, damage to Client/User's equipment due to technical support offered by service provider.
• the availability of any subject domain names will depend upon the actual processing time’s findings from respective records; the usage rights, begin & end dates of subject domain names will be determined by corresponding authorities’ decision or service provider’s rules & records; the time required to provide the service will be determined based upon service provider’s processing schedules.

ACCESS LIMITATION & CONFIDENTIALITY

Unless with prior written permission from Service Provider, Client can not provide access of Client's Administrative/User account to any third parties. Client can not release any reviews or comments (including but not limited to, the administrative functions, etc.) w.r.t. any Service provided by service provider. Client agrees to keep all service details (including but not limited to, transactions, communications of any form, service fees, agreements, etc.) confidential. Service provider may monitor (or log/backup) activities to said service from time to time.

CLIENT'S ACCOUNT

If Client use any Service provided by Service Provider, Client is responsible for maintaining the confidentiality of Client's account and password and for restricting access to Client's computer, and Client agrees to accept responsibility for all activities that occur under Client's account or password.

ALTERATIONS IN TERMS AND CONDITIONS

Service Provider reserves the right to change the terms and conditions of the acceptance of future orders or works. Service provider reserves the right to change the terms and conditions of this agreement & its policies at any time. Any terms and conditions may be modified by service provider from time to time and such modifications will be binding on Client/User when placed online.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

All policies posted on Service Provider's designated web site URLs govern Client's visit & use of the Service provided by service provider. Service provider reserves the right to make changes to our site, policies, agreements, and all terms/conditions of use at any time. If any of these conditions/policies shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining conditions.

USER/CLIENT CONDUCT

Client/User shall not use any Service(s) provided by Service Provider for any illegal activities, including but not limited to, piracy, hacking, spam, send Email or post to newsgroups messages containing any form of virus, share their account password with other persons, harass other persons through any Internet medium, impersonate any employees, directors, partners or agents of service provider. Any service(s) provided by service provider is intended for corporate use only, & shall not be used for personal purpose, especially abusive personal usage(s), or careless handle of account which causes any form of attack, SPAM, virus, or waste of service provider's resource. Service provider considers any act that contravenes the above prohibitions as an act of abuse by the Client/User. Service provider reserves the right to suspend or terminate the Client/User's account without warning or refund, for any act of abuse. Service provider is also entitled to bill the Client/User for outstanding fees that are a direct result of the Client/User's abuse. In addition to the above terms, Client/User agrees to not use any of service provider's service to: promote or provide instructional information about illegal activities, or promote physical harm or injury against any group or individual or animals; post illegal or inappropriate material, including but not limited to, adult material, copyrighted works, commercial audio/video, or music files (of any format), and any material in violation of any State/Provincial, Federal or Local regulation; post or provide information about warez, including but not limited to, pirated software, emulators, hacking, password cracking and encrypting of any of the above; use or attempted use of password cracking, server cracking, reverse engineering, security hole scanning, etc.; If Client/User violates the above or any of service provider's policies, Client/User's account will be terminated immediately, without prior notice. No refunds for unused portions of service will be granted. Furthermore, Client/User is subject to a minimum of USD125. service fee, for each false Enquiries or for each incident of mis-conducts via Client/User's account. Any of the above conducts may also result in such possible actions as warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the conduct(s). Abuse of any kind will be determined by service provider at its sole discretion.

COMMUNICATION CONSENT & SERVICE PERIOD / SERVICE TERM

• When Client/User visits Service Provider's designated web sites or uses its Service, Client/User consents to receive communications & support from service provider electronically. Service provider will communicate with Client via Email, portable document formats or by posting notices/agreements on service provider's designated web site addresses. Client agrees that all agreements, notices and other communications that service provider provides to Client electronically satisfy any legal requirement that such communications be in writing.
• Client agrees to respond/reply to Service Provider's Emails within three working days (calendar day minus Sat/Sun/holiday); Client agrees to sign necessary documents provided by service provider during the service period within seven working days.
• Unless otherwise expressively noted on Service Agreement confirmed/signed, SERVICE DURATION means the length of time in which Service Provider will provide the Service; SERVICE PERIOD means: the number of working days required to complete the Service as estimated by Service Provider; SERVICE TERM of a particular Service means: the corresponding period of time when Client is keeping the account up to date, & the corresponding Service is still valid & running.
• For new domain name registrations, Client's response time (time that takes for Client : to reply Emails from Service Provider, to provide necessary documentation, to provide correct DNS or other settings, or to sign Documents / Contracts, etc.) should not be counted as part of the SERVICE PERIOD.
• For domain name transfer or other consultations, if service is not completed within scheduled service duration, any additional fourteen days of work or consultation resource will be quoted an extra charge of EU290 except otherwise specified or quoted.

PAYMENT & CHARGES

• Client will pay Service Provider's designated account the service fee/charge in accordance with the fees agreed to at the time of service initiation. Service provider reserves the right to charge Client/User a penalty fee (minimum EU60.00 ea) if Client/User's payment is not received before the date specified by service provider's Finance & Accounting Department. Service provider will charge an account setup fee (minimum EU90.00) to the Client/User's account each time Client/User's account is re-opened. Service Provider will charge an administrative fee (minimum EU25.00) to the Client/User's account each time User ID (also referred to as: username, Email ID, account ID, login ID, Domain ID, and other forms of uniquely identifying nomenclature) is changed; the administrative fee will also be charged for misspelled or returned payment cheques. Service provider is entitled to change any fee of its service, or service price plans/rates at any time.
• the following charges will also apply : SERVICE MODIFICATION CHARGE – any modification or changes once service is initiated, or any incorrectly provided client DNS incident, will be quoted & charged separately accordingly; SERVICE RENEW & OVERDUE CHARGE – client will renew service via chosen or designated term(s); client agrees to pay applicable service renew charges before informed due date; each overdue domain name is subject to any overdue charge of EU60 or any future announced charge; client waives any rights or claims whatsoever on any expired service or services not renewed on time, on service client do not fully qualify, on service that client failed to respond / reply within given time period, & on service that client do not actively maintain accurate & up-to-date account information and communication channel.

EXPIRATION

Client/User will relinquish all rights & waive any claims on domain names not renewed within instructed due date & on any expired services / projects.

TERMINATION

If Client/User contravenes any of their obligations, Service Provider may terminate this agreement. Service provider will terminate Service if the Client/User's accounts/payments are not up to date. Service provider will not reinstate service until payment is received in full. Service provider may refuse to reinstate the service and instead choose to terminate this agreement. Client/User may terminate its account/service if they provide prior written notice to service provider. No refunds will be given for the remaining portion of the service term. Client/User is liable for unpaid accounts after the termination of its account/service. Client/User is legally bound by the terms and conditions of this agreement after the termination of its account/service. Service provider may terminate service without notice or refund if user is found to be abusing their account in any way.

TITLE

The Article headings in this agreement form no part of this agreement contract and shall be deemed to have been inserted for convenience of reference only. All code, software, and documentation are property of Service Provider's. Client/User shall not copy any of the Service/software/system provided. Client/User shall not remove or destroy any proprietary legends or any copyright notices placed upon or contained within the service/software/system and/or documentation. GOVERNING LAW AND PLACE FOR RESOLVING DISPUTES : THIS AGREEMENT AND ALL SAID SERVICE WILL BE GOVERNED BY THE LAW OF THE PROVINCE OF BRITISH COLUMBIA, CA; THIS ELECTRONIC SERVICE AGREEMENT CARRIES SAME LEGAL EFFECTS AS PAPER COPY; this agreement represents the entire service agreement, contract and all services provided to Client by Service Provider; any discussions, clarifications, disputes or discrepancies should be brought up to service provider’s attention via formal written request within seven days upon receipt of this agreement. Violation of any of the above terms & conditions on this agreement will be determined by Service Provider at its sole discretion.

Standard Service Agreement: 6.7.3 / Revision 10.7.1

The Rider herein forms part of this agreement : this confidential material is strictly for authorized Client's internal use only. Pearlview reserves all rights of this material. No warranty, whether express or implied, is granted whatsoever. No reproduction of this material via any form or means, in whole or in part, is allowed. Client agrees to delete all project-related materials after the validity period or upon Pearlview’s request. All content subject to change without notice. By using any of Pearlview’s service(s), Client expressively agrees to be bound by Pearlview’s policies & general online agreements: http://pearlview.com/contract/ Service Provider does not guarantee the success or feasibility to register, or to provide Client with any direct maintenance or access user id or code, or to transfer any domains registered through, or currently served / maintained by Service Provider, to other Registrant or ISPs; if a transfer is determined by Service Provider to be feasible, Client agrees to applicable service charge for each transfer. Client is subject to penalty claims asserted by Service Provider if Client shares any information or service know-how ever provided to Client by or on behalf of Service Provider, with any third party. All services are provided on an “as is”, “as available” basis. Client is only granted a non-transferable, non-exclusive usage right to any of the said services. Client assumes his/her own risk, should Client choose to register domains in countries that Client doesn’t directly qualify for such registrations. Pearlview may terminate this agreement or any part of the services at any time, in the event Client breaches any obligation, as determined at Pearlview’s sole discretion. "/" denotes "and/or" in this document unless otherwise determined by service provider. Rider Revision 9.56, powered by Pearlview CMS 5.0 © / service provided in collaboration with SunnyFactory ® ERA21 TM DynamicScript ®