TERMS OF SERVICE
General Terms & Condition
This Agreement (“Agreement”) is a binding agreement between MochaHost.com (MochaHost) and the person or entity (“you” or “your”) on whose behalf this Agreement is executed. This Agreement governs your use of any and all services and/or support provided by MochaHost, including but not limited to web hosting, reseller plans, dedicated cloud servers, data centers, virtual private servers, domain names, and/or web design (“Services”).
Please read this Agreement carefully prior to ordering or using any MochaHost Services. This Agreement and any subsequent modifications thereto, exclusively govern your use of the Services subject to applicable local, state, and federal laws. This Agreement represents the complete agreement and understanding between you and MochaHost and supersedes any other written or oral agreement. If you do not agree to these terms and conditions set forth in this Agreement, you MUST notify the MochaHost Billing Department ([email protected]) to arrange for a closure of your account. You shall continue to be bound by these terms and conditions until your account has been closed by MochaHost and confirmation provided with respect to the same. USE OF YOUR ACCOUNT at any time shall constitute your acceptance and approval of the terms and conditions set forth in this Agreement.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you and MochaHost agree as follows:
MochaHost reserves the right to cancel your service for any reason without prior notice. Where appropriate, any fees paid for yet to be used services may be returned to you on a pro-rated basis. Such discretion is to be consistent with the terms of this Agreement and to the extent that no such term is set forth in this Agreement, discretion rests solely with MochaHost as to whether to issue a refund. In some instances, fees are related to licenses or bundles that are not capable of being refunded notwithstanding any remaining term on a contract or subscription. Examples of non-refundable fees include, but are not limited to, domain name registration/transfer, domain protection, additional site builder licenses, SSL certificates, dedicated server orders and fees, downgrade/upgrade fees, fees for any products purchased through MochaHost, and IP. In the event that MochaHost has cancelled your account and you re-registers with MochaHost following said cancellation without the express written consent of MochaHost, MochaHost reserves the right to cancel your account and retain any and all fees paid to date as a part of that re-registration, regardless of whether any service has been rendered, as a forfeiture related to your unapproved re-registration.
Domain name registration/transfer, domain protection, site builder, setup fees, activation and reactivation fees, license fees, upgrade/downgrade/migration fees, additionally set up services and premium support services are not refundable. Any request to redeem special or free optional services need to be redeemed at the same time of the package start date or the upgrade date of the applicable new package or the right to such special or free services will be waived. Example of such services include, but are not limited to, free domain registration, SSL, static IP, domain ID protection.
Within the first 30 days as a MochaHost customer, MochaHost will cancel your account and refund all money paid for your hosting service (with the exception of Section #12 fees) upon receipt of a formal request for cancellation through our cancellation form. During the first 180 days as a MochaHost customer, MochaHost will cancel your account and offer a pro-rated refund for all unused hosting fees based on MochaHost’s standard, non-discounted monthly package pricing upon receipt of an express request for cancellation by the MochaHost Billing Department ([email protected]). If you have multiple registrations with MochaHost, your starting date as a MochaHost customer is defined as the earliest date that you become a client with MochaHost. The following services are expressly excluded from the aforementioned refunds:
- Domain registration, transfer, and ID protection;
- Private SSL;
- All service fees in section 12 as defined herein;
- Additional static IPs;
- Additional site builder licenses;
- Licensed products purchased through MochaHost.
Closure of your account does not automatically or necessarily entitle you to a refund of any fees due or paid.
MochaHost accounts cannot be transferred or used by anyone other than the subscriber. You may not sell, lease, rent or assign accounts to any party that has not expressly accepted and agreed to be bound by the terms and conditions of this Agreement. Shared hosting accounts cannot be used for resale purposes. Violations of any of the provisions of this Section are grounds for the suspension and/or violation of a user account. Any and all sites hosted by MochaHost must be registered with the same entity unless expressly and previously authorized in writing by MochaHost. Account/hosting service/domain name transfer must be approved by the MochaHost Billing Department ([email protected])
You agree to, and shall, without limitation or exception, indemnify, defend, and hold harmless MochaHost.com and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees from and against any claim, demand, action, damages, liability, loss, costs, or expenses, including reasonable attorneys’ fees, due in whole or in part to any breach or violation of this Agreement, including, but not limited to:
- any of the events described in this Agreement;
- any breach of this Agreement by you;
- any information or data loss that you submit, post, transmit, or receive as a part of any service offered by MochaHost;
- your use of any service offered by MochaHost
- your violation of any third party rights; or
- any act or omission by you or your agents.
Services provided to you by MochaHost may only be used for lawful purposes. The transmission or publication of any information, data, or material in violation of any federal or state regulation or law is strictly prohibited and grounds for immediate cancellation of your account. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material, obscene material, material that is deemed to be suited for “adults only,” pornography, child pornography, as well as links to or instructions for accessing the foregoing. MochaHost reserves the right to remove any and all materials which infringe on copyright work or in response to a Digital Millennium Copyright Act take down notice or that otherwise violate permitted use of the services offered by MochaHost. Examples of non-acceptable content or links include, but are not limited to, hacker applications/archives, “Warez” sites, proxy applications, IRC, rapidleech (and similar), torrents, torrents listings, and spam applications.
You warrant that:
- You shall ensure that the use of MochaHost services shall not disrupt MochaHost, its associated networks or equipment forming part of the systems, or the permitted activities of other users of any MochaHost service.
- You will maintain the security of all files and content installed under your hosting account and that you will maintain any software installed to up to date version in order to avoid security breaches.
- You will not utilize an excessive amount of system resources and in those instances in which MochaHost deems an excessive amount of system resources to be utilized by you, MochaHost reserves the right to place a limit on any process or service in your account to prevent disruption of service to other customers.
- You will not use of MochaHost services in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined solely by MochaHost.
- You will not send unsolicited mass mailings from another service that in any way implicates the use of MochaHost services, MochaHost.com’s equipment, or any site hosted on any MochaHost network.
- You will not utilize any MochaHost service, equipment, or e-mail address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more news groups in a single day.
- Any material submitted for publication using any MochaHost service does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous.
- You are over the age of eighteen (18) years or are a parent or guardian of a user that is under the age of eighteen years of age and are authorized and able to enter into this Agreement.
- You will cooperate in the investigation of any material that could be infringing on a third party’s copyright.
- You will comply with other organizations’ networks or computing resources and comply with their respective permission and usage policies.
MochaHost offer Domain registration through the registrar Enom. By using our service and domain registration, you agree to all the term and conditions that are set out by Enom for the domain registration.
Effective May 25, 2018, MochaHost will change the way we will handle customers’ data. We will adapt to the European Union’s General Data Protection Regulation (GDPR)guideline.
These changes primarily relate to a new step to the registrant’s consent management flow and included the addition of a Data Processing Addendum (DPA), with EU standard contractual clauses to allow data transfer from the EU to non-EU jurisdictions.
To view detail of Enom’s Term and Condition please click here
A. Transfer of domain
Transfer of domain name will be governed by ICANN’s transfer policy which you can read here:
- Transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP and URS as described in Section 17 of this Agreement, as these policies may be modified from time to time. To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP “AuthCode” which is required to transfer domain services in an EPP registry (such as .org). Alternatively, you should contact your Primary Service Provider to have your domain name(s) services locked or unlocked or to obtain the EPP “AuthCode.” If your Primary Service Provider is unresponsive, you may contact us to have your domain name(s) locked or unlocked or to obtain the EPP “AuthCode” though we may first contact your Primary Service Provider to request that the Primary Service Provider address the request. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within sixty (60) days of initial registration, within sixty (60) days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and losing registrars as outlined in ICANN’s transfer policies. Transfer requests typically take five (5) business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire, in which event you may need to reinstate the transfer request following a redemption of the domain name, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
- Upon initial registration, we may place a “Registrar Lock” (“ClientTransferProhibited” status) on your domain name services and this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed, which may be done within your Account.
- You explicitly authorize us to act as your “Designated Agent” (as defined in ICANN’s transfer policy) to approve each “Change of Registrant” (as defined in ICANN’s transfer policy) on your behalf.
B. ID protection
By enlisting to ID protection, you have agreed to the ID Protection Service Agreement set forth out by the registrar Enom
ID Protection Service Agreement
PLEASE BE ADVISED THAT IF YOU ELECT TO USE ID PROTECTION SERVICES AS SET FORTH HEREIN, THE REGISTRAR OR ITS AFFILIATES WILL NOT ESCROW CERTAIN DOMAIN REGISTRATION INFORMATION.
PLEASE READ THIS ID PROTECTION SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. BY USING THE ID PROTECTION SERVICES (“IDP SERVICES”), YOU AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU AGREE THAT THE “SERVICE PROVIDERS” (DEFINED BELOW) MAY AMEND THIS AGREEMENT BY POSTING THE AMENDED AGREEMENT ON THE WEBSITE WHERE YOU OBTAINED THE IDP SERVICES. YOU AGREE THAT ANY NEW, DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE IDP SERVICES WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY SUBSEQUENT AMENDMENTS HERETO, DO NOT USE, ACCESS, OR CONTINUE TO USE THE IDP SERVICES. CONTINUED USE OF THE IDP SERVICES AFTER CHANGES TO THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
This Agreement is by and between Whois Privacy Protection, Inc., a Nevada corporation (“Backend Service Provider”), the party, if any, other than the Backend Service Provider who makes the IDP Services available to You (“Primary Service Provider;” Backend Service Provider and Primary Service Provider, if any, being together referred to herein as the “Service Providers”), Your heirs, executors, administrators, agents, successors and assigns (“You,” “Your,” and other appropriate formatives). This Agreement sets forth the terms and conditions of Your relationship with the Service Providers and Your use of the IDP Services. You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement for transactions entered into by: (i) You on Your behalf; (ii) anyone acting as Your agent; (iii) anyone who uses the account You establish to obtain the IDP Services, whether or not the transactions were on Your behalf and/or authorized by You. You agree that You will be bound by representations made by third parties You use to obtain the IDP Services. You further agree to abide by the terms and conditions promulgated by the Internet Corporation for Assigned Names and Numbers (“ICANN”), including the Uniform Domain Name Dispute Resolution Policy (“Dispute Resolution Policy,” http://www.icann.org/dndr/udrp/policy.htm) any policy which ICANN may establish with respect to WHOIS information, and the terms and conditions of Your domain name registration with Your registrar (the ICANN-accredited person or entity through which You register a domain name). This Agreement is in addition to domain name registration agreement(s) entered into by You and a registrar when You register or renew domain name registration(s).
- THE IDP SERVICES
If You subscribe to the IDP Services, each domain name registration which You control and which You designate (“IDP Domains”) will thereafter be registered in the name of the Backend Service Provider, as registrant. Your name, postal address, email address, phone and fax numbers shall be kept confidential, subject to Section 5 of this Agreement. The following information (and not Your personal information) will be made publicly available in the “Whois” directory for each IDP Domain:
- The Backend Service Provider’s email address, postal address and phone and facsimile number for the registrant, administrative, technical, and billing contacts (“IDP Addresses”);
- The primary and secondary domain name servers You designate for the IDP Domain;
- The IDP Domain’s original date of registration and expiration date;
- The identity of Your registrar, domain name service provider (if different from registrar) and the status of the IDP Domain with the registrar (such as, “active,” “Registrar Lock,” “clienthold,” etc.).
Backend Service Provider may modify its information from time to time in such a way which may constitute a “Change of Registrant” under ICANN’s Transfer Policy (the “Transfer Policy”). In such a case, You and Backend Service Provider explicitly opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed under the Transfer Policy due to any such Change of Registrant. In addition, You and Backend Service Provider explicitly authorize the registrar of the IDP Domain to act as its “Designated Agent” (as defined in the Transfer Policy) to approve each “Change of Registrant” (as defined in the Transfer Policy) on its behalf.
While You will not be listed as the registrant for the IDP Domains, and other than as described in this Agreement, the Backend Service Provider will not act to control the IDP Domain(s). You will retain the right to sell, transfer, or assign each IDP Domain; You will retain the right to control and set the DNS settings for the IDP Domain(s); You will retain the right to renew each IDP Domain name registration upon expiration (subject to Your registrar’s applicable rules and policies); and You will remain responsible to resolve any and all monetary or other legal claims that arise in connection with Your IDP Domain(s), subject to the remaining provisions of this Agreement.
IMPORTANT: THE IDP SERVICES ARE NOT A GENERAL MAIL FORWARDING SERVICE. You agree that You will not provide any third party with the IDP Addresses for the purpose of having such third party transmit communications to You through the Backend Service Provider. Third parties may obtain the IDP Addresses listed in the Whois directory by their own initiative, but You agree that You will not be the one to provide the IDP Addresses to such third parties.
- The Backend Service Provider’s email address, postal address and phone and facsimile number for the registrant, administrative, technical, and billing contacts (“IDP Addresses”);
- PROVISION OF PERSONAL INFORMATION
You agree that for each IDP Domain, You will provide to the Service Providers and maintain as current and accurate, the following information:
- Your name, address, email address, postal address, phone and fax numbers;
- The name, address, email address, postal address, phone and fax numbers for the IDP Domain’s administrative, technical, and billing contacts;
- The primary and secondary domain name servers for the IDP Domain;
You agree to: (i) update this information immediately as it changes over time; (ii) respond within five (5) business days to any inquiries made by either Service Provider to determine the validity of personal information provided by You; (iii) promptly respond to messages regarding correspondence addressed to or involving Your IDP Domain(s), as more fully set forth in section 6 below. If You do not supply primary and secondary domain name servers, You agree that Backend Service Provider may point Your IDP Domain(s) to an IP address of Backend Service Provider’ choosing until such time as You supply primary and secondary domain name servers.
- Your name, address, email address, postal address, phone and fax numbers;
- RENEWALS AND FEES
If You have selected automatic renewal of the IDP Services through the account which You use to manage Your IDP Services (“Your Account”), You agree i) that the IDP Services shall be automatically renewed 30 days prior to the end of Your IDP Services term, ii) that the Service Provider will attempt to charge the credit card You have on file with the Service Provider at the then current rates, and iii) You waive any requirement to obtain You ongoing affirmative consent to any such automatic renewal. If You do not wish to automatically renew the IDP Services, You agree that the exclusive method for communicating this to the Service Provider shall be by logging into Your Account to ensure that the auto-renewal or renewal option is not selected. You understand that You must do this at least 31 days prior to the end of the then current IDP Service term. It is Your responsibility to keep Your credit card information current and accurate, including the expiration date. If Service Provider is unable to collect renewal or other fees, You agree that a Service Provider may contact You, but is not obliged to do so, and You agree that Service Provider may suspend or terminate the IDP Services as a result of inability to obtain payment.
For domain name registrations which are serviced by a registrar other than a Service Provider: If available as an option and if such option selected by You, You agree that either Service Provider shall be authorized to contact Your domain name registration service provider on Your behalf (and using the credit card provided by You) to renew the domain name registration of associated IDP Domains.
If Backend Service Provider elects to begin charging fee(s) to forward communications to You (see below), You agree that You may be required to pay such fees before the communications will be forwarded. Backend Service Provider may change its service and forwarding fees at any time. Backend Service Provider may also charge reasonable fees for administrative tasks outside the scope of regular services. These may include, but are not limited to, customer service issues that require personal service and disputes that require legal services. You are responsible for paying all fees and taxes associated with using Backend Service Provider’s services. Payment shall be made by credit card unless other options are indicated in Your Account. You agree that charges may appear on the credit card statement under a descriptive provider identifier, such as “Domain Name Registration Services.” Fees are non-refundable. If for any reason there is a charge back for any fee previously charged to the credit card by Backend Service Provider, You agree that Backend Service Provider may, without notice, pursue all available remedies in order to obtain payment. Without limitation on other remedies which may be available under such circumstances, You agree that Backend Service Provider may assume complete ownership of the IDP Domain(s), that the IDP Domain(s) may be sold to third parties, or that the IDP Domain(s) may be to pointed to IP numbers of Backend Service Provider’s choosing, and that Backend Service Provider may immediate cancel Your Account and all services provided to You.
IMPORTANT TERMS REGARDING RELATIONSHIP OF TERM OF IDP SERVICES AND REGISTRATION TERM OF AN ASSOCIATED IDP DOMAIN: You understand that Your IDP Services term begins on the date Your attempt to procure the IDP Services is accepted by the Service Provider(s) and that it shall run for the unit of time which You order (typically, this would be one year). You understand that the IDP Services term may be different than the registration term of the IDP Domain which is associated with the IDP Services. If an IDP Domain expires and is deleted before the end of the term of the associated IDP Services, then the IDP Services associated with the domain will end when the IDP Domain is deleted and You understand that there will be no refund for any resulting unused portion of an IDP Services term. If the IDP Services term ends while the registration term for an IDP Domain is still ongoing, then the IDP Services will no longer be provided, the personal information specified in section 2 shall be listed in the WHOIS output for the (then former) IDP Domain, and the communications forwarding services specified in section 6 will no longer be provided.
- YOUR REPRESENTATIONS & WARRANTIES
You represent and warrant that all information provided by You pursuant to this Agreement is truthful, complete, current and accurate and You represent and warrant that You will maintain all information in this status throughout the term of this Agreement. You also represent and warrant that You are using the IDP Services in good faith and that You have no knowledge or reason to believe that Your IDP Domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party’s trademark or trade name. You also warrant that neither the IDP Services nor IDP Domain(s) will not be used in connection with any illegal or morally objectionable activity (as defined below in section 5), or, in connection with the transmission of unsolicited commercial email (“Spam”).
- SERVICE PROVIDER’S SUSPENSION OR TERMINATION OF SERVICE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
In the event of any of the following:
- If the IDP Domain(s) is (are) alleged to violate or infringe a third party’s trademark, trade name, copyright interests or other legal rights of third parties;
- If You breach any provision of this Agreement or an anti-Spam policy of either Service Provider;
- If You breach any provision of Your registrar’s Registration Agreement;
- If necessary to protect the integrity and stability of the applicable domain name registry;
- If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
- If Backend Service provider is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the IDP Services or an IDP Domain;
- If necessary to comply with ICANN’s Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude use a service such as ID Protect);
- If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of Backend Service Provider, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
- OR if it comes to Backend Service Provider’s attention that You are alleged to be using the IDP Services for purposes of engaging in, participating in, sponsoring or hiding Your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) appeal primarily to prurient interests; (ii) defame, embarrass, harm, abuse, threaten, or harass; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party’s privacy, race, ethnicity, or are otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information, THEN
You understand and agree that Backend Service Provider has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the IDP Services, close Your Account, terminate provisionment of the IDP Services, list the information You provided in section 2 in the Whois output or provide the information You provided in section 2 to a claimant, resolve any and all third party claims, whether threatened or made, arising out of Your use of IDP Domain, or take any other action which Backend Service Provider deems necessary.
In the event Backend Service Provider takes any of the actions set forth above or in the event You elect to cancel the IDP Services for any reason, neither Service Provider will refund any fees paid by You for the IDP Services.
You also acknowledge and agree that Backend Service Provider may, in its sole discretion and without any liability to You whatsoever, cancel the IDP Services during the first thirty (30) days after You procured the IDP Services, and/or suspend Your rights under this Agreement and list the IDP Addresses during resolution of a dispute or investigation of allegations.
- If the IDP Domain(s) is (are) alleged to violate or infringe a third party’s trademark, trade name, copyright interests or other legal rights of third parties;
- FORWARDING COMMUNICATIONS
You agree that Backend Service Provider will review communications sent to the IDP Addresses associated with Your IDP Domain. For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail which does not appear to be unsolicited commercial mail, Backend Service Provider may either i) forward such communication to You or ii) may attempt to communicate to You a scanned copy of a page of the communication to ascertain Your desires with respect to forwarding the communication to You. You specifically acknowledge that Backend Service Provider may elect to not forward to You (nor to otherwise communicate with You) regarding first class postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications which offer or advertize the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from Your having used the IDP Services as a general mail forwarding service (see section 1, above). You authorize Backend Service Provider to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by Backend Service Provider, including failures which arise from Backend Service Provider’s mistake in judging whether a communication appears to be an unsolicited communication.
Email. The Whois directory generally requires an email address for every purchased domain name registration. When You purchase IDP Services, Backend Service Provider creates an email address for that domain, “[email protected]”. Thereafter, when messages are sent to the email address listed in the IDP Address, Backend Service Provider forwards such messages to the email address You listed in section 2. If such email address becomes non-functioning or if email to such address bounces, Backend Service Provider is not obligated to attempt to contact You through other means. You agree that Backend Service Provider may elect, in Backend Service Provider’s sole discretion, to allow You to access Your Account and view email sent to the IDP Addresses, though such alternative means of servicing Your Account is an option and not a requirement.
Your Obligation to Respond to communications from the Backend Service Provider: When Backend Service Provider receives a communication which may warrant forwarding to You, per the terms of this Agreement, Backend Service Provider will send an email to the email address You provided to Backend Service Provider pursuant to section 2. The email message will identify the sender of the correspondence and the date received. As an alternative, You agree that Backend Service Provider may allow You to access Your Account to view full or partial scanned copies of (non-email) communications sent to the IDP Addresses and that You may be required to interact with Your Account to have the physical originals of such communications forwarded to You and that if You do not interact with Your Account in the ways indicated upon accessing Your Account, that the communications may not be forwarded to You. In either event, You will have seventy-two (72) hours to decide whether to have the communication(s) forwarded. If You do not respond within this time period, the communication(s) will not be forwarded. Method of forward will be determined by Backend Service Provider. Communication(s) may not be immediately forwarded upon Your election; there may be a delay and communication(s) may be aggregated to be forwarded together. The Backend Service Provider may begin charging fees for forwarding communications or may change the method by which communications are forwarded without written notice.
In the event You do not respond to communications from the Backend Service Provider regarding communications received at the IDP Address, Backend Service Provider may immediately reveal the information You provided pursuant to section 2 and/or cancel the IDP Services regarding either the IDP Domain in question or with respect to all of Your IDP Domains, depending on the circumstances. This means the Whois directory will revert to displaying Your name, postal address, email address and phone number. This action would be taken because Backend Service Provider will not become involved in any legal or other matters between You and third parties.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, THE IDP SERVICES, USE OR INABILITY TO USE THE PRIMARY OR BACKEND SERVICE PROVIDER(S) 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 EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS 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, THE PRIMARY AND BACKEND SERVICE PROVIDERS’ 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.
You further understand and agree that the Primary and Backend Service Providers disclaim any loss or liability resulting from: (i) the inadvertent disclosure or theft of Your personal information; (ii) access delays or interruptions to our web site or the web sites of affiliated parties; (iii) data non-delivery or misdelivery between You and the Service Providers; (iv) the failure for whatever reason to renew the IDP Services; (v) the unauthorized use of Your Account or any of the Service Provider’s services; (vi) errors, omissions or misstatements by either Service Provider; (vii) deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either You or the email address listed for Your IDP Domain; (viii) processing of updated information regarding Your Account; (ix) any act or omission caused by You or Your agents (whether authorized by You or not).
YOU AGREE THAT, IN ANY EVENT, THE PRIMARY AND BACKEND SERVICE PROVIDERS’ RESPECTIVE MAXIMUM LIABILITY TO YOU SHALL BE CAPPED BY THE LESSER OF THE AMOUNT OF FEES PAID BY YOU TO EACH SERVICE PROVIDER IN THE PRECEDING YEAR WITH RESPECT TO THE SERVICES WHICH GAVE RISE TO THE LIABILITY OR $100.00 PER IDP DOMAIN.
You agree to release, defend, indemnify and hold harmless the Primary and Backend Service Providers, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, arising out of or related in any way to this Agreement, the IDP Services, the web sites of the Service Providers, Your Account, and/or Your use of Your IDP Domain.
- BACKEND SERVICE PROVIDER WARRANTY DISCLAIMER
THE BACKEND SERVICE PROVIDER, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE WEB SITES OF THE BACKEND SERVICE PROVIDER OR ANY WEB SITES LINKED TO SUCH WEB SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL BACKEND SERVICE PROVIDER SERVICES, AS WELL AS THE BACKEND SERVICE PROVIDER WEB SITE, ARE PROVIDED “AS IS”. YOUR SUBSCRIPTION TO AND USE OF BACKEND SERVICE PROVIDER’S SERVICES AND ITS WEB SITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. 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.
- COPYRIGHT & TRADEMARK
- MISCELLANEOUS PROVISIONS
- Severability; Construction; Entire Agreement.
You agree that if any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree that this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and Backend Service Provider regarding the services contemplated herein.
- Governing Law; Venue; Waiver Of Trial By Jury.
This Agreement shall be governed in all respects by the laws and judicial decisions of King County, Washington, excluding its conflicts of laws rules. You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of King County, Washington. For the adjudication of domain name registration disputes and disputes under this Agreement, You agree to submit to the exclusive subject matter and personal jurisdiction of the state and Federal courts located in King County, Washington, You agree that venue shall be proper in such jurisdiction, and You agree to waive any objection You may have to jurisdiction and venue in such forum. You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement and You agree that service upon You may be accomplished by depositing the summons and complaint in the United States mail, first-class mail, postage pre-paid, addressed to the address provided by You in section 2, which service shall be deemed to be effective five days after deposit.
- Term of Agreement; Survival.
The term of this Agreement begins on the date Your attempt to procure the IDP Services is accepted by the Service Provider(s). The term shall run for the unit of time which You ordered when You procured the IDP Services, unless terminated or suspended sooner according to the terms of this Agreement. Sections 6 (Forwarding Communications), 7 (Limitation of Liability), 8 (Indemnity), 9 (Warranty Disclaimer) and 11 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.
- Severability; Construction; Entire Agreement.
C. Obligations of the Registrant
- For all new domains, you agree to pay an annual, non-refundable registration fee. These fees will appear on your billing statement unless prior arrangements are made with our customer service department. It is your sole responsibility to cancel the renewal once the domain has been invoiced and must occur within seven days prior to your renewal date. Any renewal that is processed will not be refunded. The Client agrees to contact MochaHost in the event of an expired domain name he owns with further information regarding the continuation/cancellation of the aforementioned service.
- As part of the registration process, the registrar agrees to provide, maintain and update, current, complete and accurate information of the Whois. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant’s failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order.
D. Change of Registrant
Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant’s name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN’s Transfer Policy.
We are required to deny a change of registrant for any of the following reasons:
- The domain name registration agreement has expired and the registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar;
- The change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or
- The domain name is subject to a domain name dispute proceeding
- d. You hereby explicitly authorize us to act as Designated Agent to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with the requirements of ICANN’s Transfer Policy.
E. Auto Renew-Only Domain
Certain domain names are Auto Renew only. These Auto-Renew only domains cannot be manually renewed.
The invoice must be paid 30 days before the Renewal Deadline for the domain to be renewed. The registrant will lose the domain name if payment is not make 30 days before Renewal Deadline (renewal date), despite how much time remains on the registration.
F. Domain Cancellation
This your responsibility to notify MochaHost’s via our Cancellation Form to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
9. Directory Listings.
Your website domain maybe automatically indexed by Google and listed in popular listings and directories.
10. Hosting Limits.
Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data nor for the sole purpose of mass e-mail/solicitation. Hosting space may not be used as off site storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account. MS SQL remote management/connections: the provided remote connection interface is to be used with the purpose of managing your MS SQL database remotely and NOT for the purpose of using our MS SQL for remote SQL storage for other sites/applications – violating this rule will result in account suspension.
You must formally notify MochaHost of any cancellation by completing an Account Cancellation Form available by clicking here in order to cancel your account with us. MochaHost will not process any other requests submitted outside of our Account Cancellation Form. Absent a valid cancellation, MochaHost will automatically renew your account for the next billing cycle one month before the account expiration date. Orders received for previously canceled accounts will not be processed and accounts will not be activated. Credit card or PayPal chargeback will result in automatic cancelation and deletion of the customer’s account from our servers. A ₹1048.05 re-activation fee will apply to all suspended accounts due to non-payments of due fees. There will be a ₹1048.05 reinstating fee for any cancel account. Transferring your domain to another provider does not constitute canceling your MochaHost account.
(MochaHost reserves the right to charge the following non-refundable fees)
– Domain Migration (from one Billing account with MochaHost to another) – ₹1048.05
– Hosting plan migration (from one Billing account with MochaHost to another) – ₹2096.10
– Account Upgrade /downgrade/ OS change to cancel account – ₹2096.10
– VPS/Cloud recreation (when the problem was created by the client) – ₹1746.75
– Reinstating fee for cancel/suspended package/account – ₹1048.05
– Reinstating of a Chargeback or Reversal will incurred an additional ₹3493.50 billing fee in additional to any reinstating fee.
– Web builder cancellation fee if already activated – ₹838.44
– Account Recreation Fee – ₹1048.05
– Premium Support Service – ₹6987.00/hour
– Bank Transfer Fee ₹1048.05
– MoneyGram Fee ₹1746.75
– All Setup Fee
All fees, discussed in #12 of MochaHosts Terms and Conditions are charged ONLY upon demand and with the clients knowledge.
MochaHost may communicate with you through e-mail for issues related to billing, changes, additions and modifications to the network. It is your responsibility to provide a valid and operational electronic mail address and to check that address for e-mail sent to you. It is your further responsibility to inform MochaHost of any changes to your account, such as phone number, address, credit card information. You may be required to provide verification for security purposes authorizing you to make any changes to an account. The use of profanity in language, or abuse towards any MochaHost employee via chat, e-mail, phone, e-ticket system, or in any other form will result in a complete block from the MochaHost support system and subject your account to cancellation without a refund.
MochaHost is not responsible for files or data loss. It is the client full responsibility for file and data transfer and maintaining backup file of your own account. Backup are used solely by MochaHost for emergency or server restoration only. There will be no backups for accounts that have been suspended or terminated. MochaHost will not be responsible for any data loss related to accounts that have past due invoice or suspended due to non-payment. MochaHost will not be responsible for any data loss.
If your shared hosting account downtime is not within the 99.9% uptime, you may request for credit on your account based on our Service Level Agreement. Uptime of the server is defined as the reported hardware and network availability, not uptime from individual service which is independent of the actual uptime of the server. Third party monitoring services reports may not be used for justification due to unreliable monitor’s network capacity/transit availability. To requests credit, please open a support ticket to report your claim with justification based on our term and condition. Credit approval is at the discretion of MochaHost.
By using any MochaHost services, you agree to submit to binding arbitration. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of California. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All disputes or claims arise against MochaHost or its subsidiaries, client agreed that the arbitrator will be select by MochaHost. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
MochaHost makes no warranties of any kind, whether expressed, statutory, or implied for any of the services provided under this Agreement and expressly disclaims the same. The aforementioned includes but is not limited to warranties of merchantability, fitness for use, fitness for a particular purpose, and non-infringement. Your use of any MochaHost service is at your sole risk. Any and all MochaHost services are provided on an “as is” basis and “as available” basis. Unless otherwise set forth herein, MochaHost expressly disclaims all promises, representations, and warranties relating to any and all MochaHost services and add-on software or 3rd party software, including but not limited to their condition, their conformity to any representations or description, and the existence of any patent or latent defects. MochaHost further makes no warranty that any service offered by MochaHost will:
- meet your requirements or expectations;
- be uninterrupted, timely, secure, or error-free;
- be accurate or reliable with respect to any results obtained from the use of any service offered by MochaHost;
- that any errors or defects in any service offered by MochaHost will be capable of correction.
Under no circumstance at any time should any advice or information, whether written or oral, proffered by MochaHost or its agents create any expectation or warranty that contravenes the disclaimers set forth above.
You expressly acknowledge and agree that MochaHost shall not be liable for any indirect, incidental, special, consequential, or exemplary losses or damages, including without limitation damages for lost profits, foodwill, use, data, down time, failure to realize savings, or other indirect loss (even if advised as to the possibility of such damages) resulting from:
- the use or the inability to use any service offered by MochaHost;
- any breach of a representation or warranty to a third-party with respect to any good or service sold by you and involving the use of any service offered by MochaHost;
- unauthorized access to, alternation of, or disclosure of your data as it relates to any service offered by MochaHost;
- any other matter relating to any service offered by MochaHost;
The relationship between you and MochaHost is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Your right to use any service provided by MochaHost is not transferable and is subject to any limits established by MochaHost. You may not assign or transfer this Agreement in whole or in part to any third party without MochaHost’s express, written consent, which shall be given, if at all, in MochaHost’s sole discretion. MochaHost may assign this Agreement at will.
You represent and warrant that you have read and understood this Agreement and that it constitutes a valid and legally binding agreement; and that you have full power, authority and legal capacity to enter into this Agreement and perform your obligations hereunder. If you are registering on behalf of a company or other entity, you agree that you have the authority to bind such company. This Agreement shall be inure to the benefit of, be binding upon, and be enforceable by the parties it describes and their respective officers, directors, employees, representatives, successors, and permitted assigns.
You agree that notices to you may be made via e-mail or regular mail. You also agree that notice of changes to this Agreement or other matters may be made by displaying notices or links to notices to you. Notices to MochaHost may be made by such contact information as may be designated by MochaHost for such purpose. MochaHost may modify the terms and conditions of this Agreement, modify the prices of any Services governed by this Agreement, as well as discontinue or change the scope of any such Services with or without prior notification.
MochaHost shall not be responsible for delays or failures in performing its obligations under this Agreement due to events of force majeure or any other cause beyond its reasonable control.
MochaHost is the exclusive owner of all offered services except when any such service is offered under license. Under no circumstance are you to be considered an owner of any MochaHost services or property. All communications to and from MochaHost personnel via e-ticket, e-mail, and live chat are confidential and property of MochaHost, and can not be disclosed or distributed to any third-party without the express written consent of MochaHost.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the subject matter hereof. This Agreement may be amended by MochaHost upon MochaHost’s posting of a new version at http://www.mochahost.com/tc.php
If any provision of this Agreement is found to be invalid or unenforceable in any jurisdiction in which it is performed, then the meaning of that section shall be interpreted, to the extent feasible, in a way that renders it enforceable. If no feasible interpretation is possible, the section will be severed from the rest of this Agreement and the rest of the Agreement will remain in full force and effect. No such severing shall affect the interpretation of the applicable provision or any other part hereof in any other jurisdiction or with respect to any other facts or circumstances.
Section headings provided herein are for convenience only and form no part of this Agreement and will not affect the interpretation of this Agreement.
The failure of MochaHost to enforce or require enforcement of any provision of this Agreement will not constitute or be construed to be a waiver of its right to enforce or requirement enforcement of that or any other provision now or in the future.
Any cause of action arising out of or related to this Agreement must commence within one (1) year after the cause of action arose or any such cause of action is otherwise permanently barred. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, ownership, and limitations on liability shall survive any termination of this Agreement, except as expressly set forth therein to the contrary.
Mochahost.com participates in and has been certified in compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Framework. Mochahost.com committed to subjecting all personal data received from the EU or Switzerland, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit our privacy page – https://www.mochahost.com/privacy.php
With respect to personal data received or transferred pursuant to each Privacy Shield Framework, Mochahost.com, LLC is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Mochahost.com may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
- How you can access, update or delete your data.
To easily access, view, update, delete or port your personal data (where available), or to update your subscription preferences, please sign into our billing system.
If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.
We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:
- mandated by law, contract or similar obligations applicable to our business operations;
- for preserving, resolving, defending or enforcing our legal/contractual rights; or
- needed to maintain adequate and accurate business and financial records.
- mandated by law, contract or similar obligations applicable to our business operations;
- Age restrictions.
Our Services are available for purchase only for those over the age of 18. Our Services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 18. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal data, please contact us
- Your Rights
Where the European Union’s General Data Protection Regulation 2016/679, or GDPR, applies, in certain circumstances and subject to data processing agreements, you have rights in relation to the personal information we hold about you. We set out below an outline of those rights and how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights by providing details only known to the account holder. Please note that for each of the rights below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.
You have the right to require us to correct any personal information held about you that is inaccurate and have incomplete data completed. Where you request correction, please explain in detail why you believe the personal information we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required. Please note that while we assess whether the personal information we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below.
- Domain related General Data Protection Regulation (GDPR) policies.
Please visit https://www.mochahost.com/GDPR.php for a detailed Domain related General Data Protection Regulation (GDPR) policy explanation.