Adaptive Web Hosting Terms and Conditions

The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to your use of our website and all services, features and/or content provided by Adaptive Web Hosting (“Adaptive Web Hosting,” “us,”, “our” ). By  purchasing one or more Services from Adaptive Web Hosting, you declare that you have read, understood and agree to be bound by this TOS. The latest version of our TOS is always available on the Adaptive Web Hosting website. It is essential that you read this TOS prior to purchasing any Service(s) from Adaptive Web Hosting. 

1.  APPLICATION OF TERMS

1.1. These TOS apply to all Services provided by Adaptive Web Hosting to you throughout the entire Term or Renewal Term. The TOS consist of the following: Terms of Service, Acceptable Use Policy (AUP), Domain Name Agreement, Copyright/Trademark Infringement Policy (DMCA Policy), Privacy Policy, Cookies Policy and Data Processing Agreement. Collectively these documents are referred to herein as the “TOS.” They are referred to by their individual names if a particular paragraph applies to that document alone. 

1.2. The TOS, together with your Order, represent the entire Agreement relating to the Services and supersedes any other agreement previously established between you and Adaptive Web Hosting. Sending an Order to Adaptive Web Hosting constitutes acceptance by you of these TOS.

1.3. In addition to these TOS, all registrations of domain names are subject to the terms and conditions set out in our Domain Name Agreement, an integral part of these TOS. The Domain Name Agreement incorporates by reference the terms and conditions of the respective Registrar, its rules and regulations. 

2. ORDER. ACCEPTANCE OF ORDER BY ADAPTIVE WEB HOSTING

2.1. In these TOS the method you use to choose which Service(s) to purchase or renew is referred to as an “Order.” First-time customers must purchase our Service(s) through our website. Existing customers may purchase or renew Services through the Adaptive Web Hosting User Area, or by contacting our customer support team via chat, phone or ticket. You acknowledge and agree that all conversations with our customer support team shall be recorded and records of such conversations shall be treated as an Order for purchase or renewal of the respective Service(s). 

2.2. Your Order will be deemed to be an offer by you to purchase the for Service(s) from us subject to these TOS No Order shall be deemed to be accepted by Adaptive Web Hosting until we send you an email notification of our acceptance of the Order. 

2.3. The date on which Adaptive Web Hosting will provide notice of acceptance of the Order, shall be considered as the Effective Date of this Agreement. The Term of the Service(s) will commence as of the Effective Date. Upon expiry of the Term it can be renewed as described in our Renewal Policy.

2.4. You must be at least eighteen (18) years of age at the time you place your Order. By submission of an Order you declare that you are eighteen (18) years old or older and have the legal capacity to enter into an agreement with Adaptive Web Hosting. 

2.5. If you place an Order on behalf of a legal entity, you represent and warrant that you have the legal authority to bind such legal entity to these TOS, in which case the terms “you” or “your” shall refer to such legal entity. In the event that Adaptive Web Hosting establishes that you do not have the legal authority to bind such legal entity, you will be personally liable for the obligations under these TOS.

2.6. By placing an Order to purchase our Services you declare that there is no other restriction to enter into an agreement with Adaptive Web Hosting and you are not subject to trade sanctions, embargoes, and other restrictions.

2.7. You understand and agree that all Orders may be subject to automated compliance checks to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). If your Order is flagged for review by any of these checks, it may require our manual review and approval. For such reason, we might ask you for additional information before we can approve and accept your Order. We will use commercially reasonable efforts to review such Orders in a timely manner, but we are not liable for any delays. 

2.8. By submitting an Order for purchase of our Service(s) you agree and expressly authorize us to use all personal data you provide in order to perform compliance and anti-fraud checks. You agree and expressly authorize us to disclose your personal data to third-parties or to obtain information about you from third parties, including but not limited to your credit/debit card number, in order to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization. Please refer to our Privacy Policy for further information about how we use your data.

2.9. Orders that fail our Fraud Screen will not be approved and Service(s) will not be provided. In case an Order fails to pass the Fraud Screen, you will receive formal notice that your Order has been cancelled. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen. In case your Order is cancelled and Service(s) are not activated, Adaptive Web Hosting will reimburse you for all pre-paid fees within seven (7) working days as of the date of Adaptive Web Hosting’s formal notice to you that your Order was cancelled. We have no liability for payment of any indemnification, compensation for damage or claims related to the Orders not approved because they have failed our Fraud Screen. No interest or other charges will accrue on the advance paid amounts.

3. PERSONAL DATA. DATA PROCESSING AGREEMENT

3.1.  Adaptive Web Hosting may process personal data as part of the Service, to which certain data protection of privacy law may apply, including the European Union’s General Data Protection Regulation (“GDPR”). For the purposes of these TOS, personal data shall have the meaning set out in our Privacy Policy. Please refer to our Privacy Policy for complete information on what personal data we collect and how we process and disclose it.

3.2. Under the GDPR the Customer may qualify as the “controller” and Adaptive Web Hosting may qualify as the “processor” for personal data that Adaptive Web Hosting stores, transmits or manages for the Customer. By uploading and storing content on our servers you acknowledge and agree that Adaptive Web Hosting shall act as a data processor regarding your content. If GDPR applies, the relationship between you and Adaptive Web Hosting related to processing of your content is set out in our Data processing Agreement (DPA), which is an integral part of our Privacy Policy and these TOS. DPA shall be considered concluded between the Parties by acceptance of these TOS by the Customer. Customer must inform Adaptive Web Hosting if it (a) intends to use or access the Services relating to activities establishing Customer as a “controller” or “processor” in the European Union pursuant to Article 3 of the GDPR or (b) believes that the GDPR or other data protection or privacy laws apply for other reasons.

4. SERVICES

4.1. For the purposes of these TOS “Service” or “Services” means any and all services provided by Adaptive Web Hosting under these TOS including, without limitation, any of our subscription plans for hosting services, additional features, website migration services, domain name registration services, support services, third-party products and services, any any other services which may be provided from time to time as set out on the portion of our website describing the individual Service (Product Pages).

4.2. The Services will be provided to you as configured for our standard customer. We might modify, update or upgrade the Services and/or add, remove or modify any software, functionality or configuration installed on or used by the Services at any time with or without prior notice. You will bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software as well as any other items you deem necessary to use the Services shall be compatible with the Services. We will not be obliged to modify the Services to accommodate your use.

4.3. To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Services will be provided on “as-is basis”. The hardware configurations may vary. Adaptive Web Hosting may replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server, including to servers in another datacenter or geographic location, or modify certain software configurations when deemed necessary by Adaptive Web Hosting in order to ensure the quality and security of the Services. 

4.4. The proprietary and third-party software we offer as part of the Service(s) will be provided as-is and will be subject to availability and all warranty disclaimers and limitations of liability set out herein. Such software may have terms and conditions that are in addition to those set out in these TOS. You must agree to those terms to use the software. If you fail to do so, you will not be able to use the Service(s). Terms and conditions concerning the above mentioned third party software are incorporated by reference and links to any such terms and conditions are available in an appendix to these TOS.

4.5. We may assign an Internet Protocol (“IP”) address for your use. You shall have no right to use that IP address except as permitted by Adaptive Web Hosting in our sole discretion in connection with the use of our Service(s). We shall retain ownership of all IP addresses assigned to you by Adaptive Web Hosting. We reserve the right to change or remove any and all such IP addresses in our sole discretion. You acknowledge and agree that shared IP addresses assigned to you by Adaptive Web Hosting shall be used by other customers as well.

4.6. We provide certain Services designed to filter unwanted email. Depending on the Services set out in your Order, email filtering may be activated by default; in other cases, it may be available as an additional paid Service. Email filtering will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and viruses. We recommend that you implement additional levels of protection. Email that is captured by our filtering system is not subject to our SLA.

5. SERVICE LEVEL AGREEMENT (SLA)

5.1. Adaptive Web Hosting’s Service Level Agreement sets out the performance you can expect from us. To the maximum extent applicable under national law and without affecting your rights as a Consumer, this SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.

5.2. We guarantee network uptime 99.9% on an annual base. If we fall below the guaranteed network uptime, we will compensate you as follows:

•     99.9% – 99.00% uptime: 1 month free hosting
•     An additional month of free hosting for every 1% of uptime lost below 99.00%.

5.3. You may check the status of your hosting server uptime from your User Area. You may contact our customer service team if you believe an SLA event has occurred. Compensation is limited to the length of your current Term, but cannot exceed twelve months.

5.4. The following events do not count towards our calculation of uptime:

•     Scheduled maintenance;
•     Emergency maintenance, hardware and software failure remedied under 1 hour;
•     Downtime caused by DNS and/or IP address changes for which you have been notified, but you failed to set your configuration;
•     Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
•     Downtime caused by you, your own configuration, or third-party applications you use;
•     Downtime caused when you reach the maximum resources allocation for your plan;
•     Downtime caused by your violation of these TOS or any other policy announced on our website;
• Downtime during upgrade/downgrade of your Cloud or Dedicated Server resources; 
•     Downtime during processing of your technical support request(s); or
•     Force majeure or any event beyond our control.

5.5. Our calculation of network availability is based on our internal records. We will not accept third-party reports as evidence that you are entitled to a compensation under this SLA.

6. FEES AND PAYMENT

6.1. You are responsible for the payment of the fee(s) set out on the Order, in the currency specified on the Order (Fees). All fees must be paid in advance for the entire term or renewal term set out on the Order. 

6.2. The current fee(s) and payment method(s) are listed on our website. Unless a specific agreement for use of the Service(s) exists between Adaptive Web Hosting and you, you acknowledge and agree to pay the fee for the respective Service(s) indicated on our website at the time you submit your Order. Adaptive Web Hosting reserves the right to change the fees at any time without notification. Changes in fees shall be effective immediately and will apply for you as of your next purchase or renewal. 

6.3. All Fees listed on our website are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes levied on the Services. 

6.4. In certain cases, the issuer of your payment method may charge you a foreign transaction fee or other fees, which may be added to the final amount that appears on your bank statement or posted as a separate charge. Adaptive Web Hosting has no control over such fees.

6.5. Time for payment is of the essence. Customer’s account(s) will not be activated or renewed until all outstanding fees are paid to Adaptive Web Hosting. Domain name registration fees must be paid in full before your domain name registration will be processed.

6.6. In the course of the order process, in case of payment by card, you will be asked to provide your card information, which will be verified. By submitting an Order you authorize Adaptive Web Hosting to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to Adaptive Web Hosting, we will not be liable for non-provisioning the Service(s).

6.7. In case of payment via PayPal or a similar online payment provider, immediately after submitting your Order you will be directed to the web page of the payment provider, where you will authorize the payment. You acknowledge and agree that the processing of payments will be subject to the terms, conditions and privacy policies of the respective payment processors in addition to this Agreement. Once the transaction is completed, you will be redirected to our website.

6.8. You acknowledge and agree that your payment details shall be stored by our payment providers to process payment for any Adaptive Web Hosting Service(s) you purchase or renew. 

6.9. Our obligation to provide the Service(s) depends on your payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees. 

6.10. You are responsible for keeping at least one active payment method on file. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. You can manage your payment method(s) in the Adaptive Web Hosting User Area.

6.11. You confirm that any payment method you use and/or add on file is yours or that you have been specifically authorized by the owner of the card to use it for the purchase. 

6.12. In case of delay in payment of any fees(s) due, for whatever reason, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by Adaptive Web Hosting, including without limitation, any court and legal fees and Adaptive Web Hosting’s reasonable attorneys’ fees. We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Service(s).

6.13. You acknowledge and agree that if your card issuer supports Recurring Billing Programs or Account Updater Services, we may participate in such programs or services. As part of these programs, your card issuer will send our payment processors updated information for your payment method(s) on file and we may automatically charge your new card without prior notification. Participation in such programs does not guarantee that we will receive payment of the fees. It is your responsibility to pay all fees due.

6.14. Certain Service(s) may be available to you for free. Such Service(s) may only be used by you during your current Term and may not be transferred to other Hosting Accounts or to third-parties. Upon Termination of your Agreement such Service(s) will also be terminated.

6.15. Invoices are due immediately upon receipt. Adaptive Web Hosting reserves the right to suspend and/ or terminate the Services until payment is made.

6.16. By accepting these TOS, you hereby authorize Adaptive Web Hosting to send you invoices electronically at the email address specified in your User Area. If you would like to receive a paper invoice, please contact us through your User Area.

6.17. Should the Services be suspended due to your fault for any reason, Fees will continue to accrue until the termination or expiry of the term of this Agreement. 

6.18. If you believe there is an error on your invoice, you must immediately contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company and initiate a “chargeback” based on this dispute, we may suspend the Service(s) until the dispute is resolved. To reactivate your Service(s), you must first pay all outstanding Fees.

6.19. Refund requests are processed as set out in our Money Back Policy. We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. Adaptive Web Hosting is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method. 

6.20. With your prior consent we may process a refund as credit added to your Customer Account (Adaptive Web Hosting Wallet) to be used for future purchases and/or renewals of our Service(s). Adaptive Web Hosting Wallet amounts can be reimbursed upon your explicit request.

7. RENEWAL POLICY

7.1. All our Services are by default set to renew automatically, with the exception of Reseller Shared Hosting accounts and upgrades. You can adjust the renewal settings and/or renew Services manually from the Adaptive Web Hosting User Area at any time before a Service is terminated.

7.2. All available Renewal Terms and the respective Renewal Fees are set out in your User Area. From time-to-time special promotions may be available only for manual renewal of your Services.

7.3. We will attempt to renew Services for which automatic renewal is enabled and charge the then current Renewal fee(s):

•     five days prior to expiration of the current Term for Cloud and Dedicated Server Services as well as Services on a monthly/quarterly billing cycle;
•     fifteen days prior to the expiration of the current Term for all other Services. 

7.4. If we cannot process a renewal at the scheduled date, we may make additional attempts to charge your payment method(s) until you renew the Service(s) or terminate the Agreement. We will always charge for renewal the primary payment method on file first. Should the primary payment method fail, we will retry billing any other payment methods on file in the order listed in your User Area. We are not responsible for the operation of the Service(s), if Services are suspended/terminated because your payment methods have expired or are no longer valid for any reason. 

7.5. You acknowledge and agree that even if a Service is set to renew automatically and/or you have an active payment method on file, we might not be able to renew the Services. It is your responsibility to ensure that you have paid the fees and a renewal has been processed. 

7.6. You acknowledge and agree the Service(s) shall be terminated upon expiry of the term, unless you activate the automatic renewal option or manually renew the term of the Service(s). You agree that Adaptive Web Hosting shall not bear any responsibility and liability for any damages whatsoever including, but not limited to, damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party, if we are unable to charge your payment method on file or you fail to renew the Services manually.

8. MONEY BACK POLICY

8.1. If you no longer need a Service you have purchased or are unsatisfied with its performance, you can cancel it at any time. We recommend that cancellation requests are posted through your User Area.

8.2. Our Money Back Policy covers initial and renewal Orders for Shared Hosting and Cloud Services and most additional features we offer. For the initial period after an account is activated we will issue a full refund for Shared Hosting Accounts and Services cancelled within 30 days from activation and for Cloud Accounts cancelled within 14 days of activation. For renewal fees we will issue a full refund, if cancellation is requested within 30 days from the date on which we receive payment for renewal and the renewal Term has not started. If the renewal Term has already started, we will refund the renewal fees less the fees due for the first month of the renewal Term. Refunds are processed within ten (15) business days after a Service is cancelled.

8.3. Reseller packages are eligible for a refund only if the complete Reseller package is cancelled/terminated within 30 days after your Customer Account is activated. The Money Back Policy does not apply to termination of individual accounts in a Reseller package.

8.4. Services that are tailor-made to you, are not covered by our Money Back Policy. These include Domain name registrations, Dedicated Server Services, SSL certificates, Paid support services, including Backup Creation and Backup Restore, and third-party Services. In any case, domain name fees are not refundable and may be due upon cancellation even if waived initially as part of a special promotion.

8.5. To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Money Back Policy is your sole and exclusive remedy should you decide to withdraw from this Agreement.

9. UPGRADE/DOWNGRADE OF SERVICES

9.1. You can choose to upgrade or downgrade the Hosting Services at any time. 

9.1. All available Upgrade options are listed in your User Area and are subject to the fees set out on the respective Product Pages (Upgrade Fee). Upon upgrade to a Shared Hosting Service, the Upgrade Fee covers the difference in fees between the two plans. Upon upgrade to a Cloud or Dedicated Hosting Service you will have to select a new Term and any pre-paid amounts remaining from your previous Service will be prorated and applied as an extension to your new Term.

9.2. You can choose to upgrade the usage for your Cloud Services by purchasing additional resources or by activating the auto-scaling feature. You will need to create an auto-scale event from your User Area. Whenever an event occurs, the additional resources you selected will be automatically applied to your Cloud Service(s) and we will automatically charge you the respective service fees for a Term of one month.

9.3. Resources that are not renewed will be scaled down upon expiration of their Term. Scaling down the RAM of Cloud Services requires reboot of the equipment and results in downtime.

9.4. You can choose to downgrade your Service(s) only if:

•   your Service was not previously upgraded from that plan because it had exceeded the parameters of that plan; and
•  your Content does not require Server setup different from the standard Server setup. Different Server setup includes, but is not limited to, space size, installation of special PHP or Perl modules, open special ports, different MySQL versions, and/or SSH access.

9.5. You can request a downgrade through our HelpDesk. We may refuse to process your request if your account does not meet the conditions for a downgrade or if in our reasonable opinion the new plan is not suitable for your website. Any additional or free Services that are not included in or are not compatible with the new plan will be terminated. Upon downgrade we will prorate the difference in Fees between the two plans for any full months remaining from your Term, and will apply that as extra time to your new plan. If no full months remain, your Service will keep its current Term.

10. CUSTOMER ACCOUNT

10.1. If you are a new customer, upon purchase of our Services we will create a Customer Account for you. Your Customer Account contains your personal details and grants you access to our User Area where you can access, review, update and manage your Services, payments and contact information. 

10.2. If you purchase Services on behalf of another person or entity, you warrant that you will administer their Customer Account in good faith and in their best interest, and will indemnify us against all losses and liabilities sustained by us should you administer the Account in ways that are adverse to the End User and result in any claim against us.

10.3. Login to the User Area requires the use of username and password. You agree not to use the account, profile, username, or password of another user at any time. You will be solely responsible for the security of your login credentials. You shall keep all passwords confidential and take security measures to prevent unauthorized access to them. For security purposes, Adaptive Web Hosting highly recommends that you keep different passwords for different Customer Accounts and service providers, refrain from using any functionality that saves or stores your login credentials and regularly update your password.  

10.4. As an additional security measure, you may set up two-factor authentication (2FA) for your User Area. Follow the instructions in your User Area in order to enable/disable 2FA. If you choose to install and use a 2FA application on a device (e.g. phone or tablet) on which the operating system has been tampered with in any way, you do so at your own risk. 

10.5. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party, and for keeping your Account password secure. You shall notify Adaptive Web Hosting immediately of any breach of security or unauthorized use of your Account to the following email address: [email protected].

10.6. You are responsible for providing and maintaining true, current, complete and accurate information. If you fail to do so, we accepts no liability in the event that we grants access to the account to another person. 

10.7. For avoidance of doubt, the individual or entity whose personal data is listed in the ‘My Details’ section of the User Area is considered by us to be the owner of the account (Account Owner). Domain names are owned as set out in applicable ICANN rules. If you purchase a domain name on behalf of a third party, and a dispute arises regarding your administration of that domain name, you agree to pay all registration fees during the time the dispute is pending. 

10.8. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.

11. USE OF SERVICES. CUSTOMER RESPONSIBILITY 

11.1. You acknowledge and agree that your use of the Service(s) and any Content uploaded, stored, published and displayed on or through the Service(s) are in compliance with these TOS and all applicable laws, including laws of the jurisdiction where the Service or Content is uploaded, hosted, stored, accessed or used. You shall implement any restrictions necessary in order to prohibit use of the Services by any third party or in any jurisdiction, as required to comply with such laws.

11.2. You must ensure that each of your End users complies with these TOS, and to any policies and agreements that are incorporated by reference.

11.3. You may not upload, store, publish and display on or through our Service(s) any personal data, private or any other personally identifying information, images, videos of minors or any third party, without the consent of said party (or a parent’s consent in the case of a minor). If you use the Services to upload, store, publish, display or otherwise disclose such information, you acknowledge and agree that you have obtained the prior consent of the said parties.

11.4. You shall not use our Service(s) for hosting websites for high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. For such websites, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc. Please refer to our Acceptable Use Policy for detailed information on the rules and guidelines for using our Services.

11.5. You are responsible to provide accurate and complete information about you and your organization (if you purchase on behalf of a organization) and promptly update all provided information. We shall not be liable for any errors or damages caused by any failure from your side to provide complete and accurate information.

11.6. You are responsible for all your activity related to the use of our Service(s) and the activity of any user who has access to your Customer Account and the Services. 

11.7. You declare that (i) you have technical knowledge necessary to ensure the proper use, administration, management of our Service(s); (ii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of them.

11.8. You acknowledge and agree that if you resell our Services or administer Services on behalf of others, you must ensure that each of your clients and/or End Users complies with these TOS. You understand and agree that you are responsible for all content uploaded, stored or transmitted on or through the Services and any acts or omissions of your clients or End Users that violate these TOS or the law.

11.9. When using the Services, you will ensure that neither you nor any of your End Users make use of the Server resources to Adaptive Web Hosting’s detriment or that of other Adaptive Web Hosting customers.

11.10. You shall indemnify, defend and hold harmless Adaptive Web Hosting, and its respective officers, directors, shareholders, employees, agents and representatives against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise directly or indirectly from your or your End Users’ acts or omissions.

11.11. You must obtain all equipment necessary to access and use our Service(s). It is your responsibility to use equipment, software or applications which are compatible with our Service(s). When accessing or using our Services you may not use equipment and/or software which are faulty or with malfunctions that may cause security issues with our servers, damage the integrity of the network and/or vulnerability of the Service(s). 

11.12. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or any content, materials which are used by you on, or transmitted through the Services. 

11.13. If you use any third-party software on the Services, you warrant to Adaptive Web Hosting that you are duly licensed to use the software, and that the license grants sufficient rights to Adaptive Web Hosting to provide the Services. You agree to provide us with such license(s) upon request. If you fail to provide reasonable evidence of licensing, Adaptive Web Hosting, at our sole discretion, may suspend the Services and/or terminate the Agreement with immediate effect.  

11.14. You acknowledge and agree that Adaptive Web Hosting may periodically run a series of scripts (audit) on your Service(s) to determine what third-party software is installed on the Service(s) and how many Users have access to each piece of software. You authorize us to disclose the results of such audits to third parties. You shall indemnify Adaptive Web Hosting against any costs, claims, losses, damages, liabilities, demands and/or expenses including reasonable legal costs incurred and/or suffered as a result of any failure by you to be properly licensed in respect of use of third-party software.

11.15. You shall provide to Adaptive Web Hosting, at your cost, any information, resources, or facilities reasonably requested by Adaptive Web Hosting for the delivery of the Service(s) and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with Adaptive Web Hosting to such aim.

11.16. Any instructions supplied by you to Adaptive Web Hosting must be complete and accurate and clearly legible. We shall not be liable for any errors caused by any failure from your side to provide complete and accurate information. It’s your obligation to follow our instructions and to cooperate with us for the proper provision of our Services. 

11.17. You acknowledge and agree not to make any modification or alteration of any part of our Service(s) or related technologies.

11.18. You acknowledge and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, or services contained on our Site, except where explicitly authorized by us.

11.19. You acknowledge and agree that any information, articles, tutorials, guidelines, or technical support advice may be provided by us only for your convenience and do not constitute official statements. 

11.20. You are responsible to make backup copies of all your content uploaded, stored, published and displayed on or through our Service(s) in a location independent of ours, and will not use our Backup Services as your sole backup.

12. HIPAA DISCLAIMER

The Services provided by Adaptive Web Hosting will not comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”), hence Adaptive Web Hosting is not HIPAA compliant. You acknowledge and agree that our Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material breach of thеsе TOS, and grounds for immediate termination of the Agreement. Adaptive Web Hosting will not sign “Business Associate Agreements” and you acknowledge and agree that we are not a Business Associate or subcontractor of yours pursuant to HIPAA.

13. USER CONTENT. MONITORING OF USER CONTENT

13.1. You may upload, store, publish, display and disclose information, text, files, emails, images, designs, graphics, photos, videos, sounds, software and other content on or through the Services (“User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or disclosing User Content on or through the Services, you represent and warrant to Adaptive Web Hosting that (i) you have all necessary rights to display and disclose such content, and (ii) your posting or disclosure of User Content does not violate the rights of Adaptive Web Hosting or any third party.

13.2. Solely for purposes of providing our Services, you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right and license to: (i) use, modify, publicly perform, publicly display, reproduce, excerpt (in whole or in part), publish, distribute User Content, including to make back-up copies of User Content and User Websites without any payment. Except for the rights expressly granted herein, Adaptive Web Hosting does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

13.3. Adaptive Web Hosting shall not exercise control over and accepts no responsibility for User Content or any other information passing through our Services. Adaptive Web Hosting may monitor User Content but is under no obligation to do so. If you or your End Users post or publish any material in violation of these TOS, or otherwise violate these TOS, in order to resolve the issue Adaptive Web Hosting reserves the right to review your Content and immediately take any corrective action, including without limitation removal of part or all of the User Content or User Websites, suspension or termination of any and all Services with no refund. You hereby agree that Adaptive Web Hosting shall have no liability due to or arising out of any corrective action that Adaptive Web Hosting may undertake.

14. TECHNICAL SUPPORT

14.1. Technical support services:

14.1.1. We provide technical support for issues related to functionality of any Service(s) and features purchased from us. Our technical support is available for all customers and is provided on an as-is, as available basis.

14.1.2. We aim to deliver support in a fast and efficient manner; however, we cannot guarantee that all inquiries will be handled within the statistical averages advertised on our site.

14.1.3. You may request technical support through our HelpDesk. Technical support will be provided via phone, chat and/or ticket. Depending on the issue, we may not be able to provide assistance over all communication channels but will recommend one or two where support can be delivered.

14.1.4. If you request technical support, you agree that we may have full access to your Services and/or Content. It is your obligation to perform and store a backup of your data and files prior to requesting technical support. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform to address your technical support issue may affect the functionality of your website and/or Services. It is your responsibility to ensure that your website is operational, and the Services are configured to your needs once we complete work on your request.  

14.1.5. If your request for technical support exceeds that of similarly situated customers or is outside the scope of our free technical support, we reserve the right to deny service related to such request.  

14.1.6. To the maximum extent applicable under national law and without affecting your rights as a Consumer, all technical support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in these TOS. While we use reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right not to process your technical support request(s), if: (i) you violate these TOS; (ii) you are abusive towards our employees or subcontractors; (iii) the need for Technical Support Services is due to any modification or attempted modification of the Services made by you or any third party outside of Adaptive Web Hosting’s control, or your failure or refusal to implement changes recommended by Adaptive Web Hosting. We may refuse to perform any request that requires changes not compatible with the Services or not related to them or that might create a security risk or deteriorate their performance.

14.2. Scope of free technical support

14.2.1. We provide free technical support for issues related to our hosting platforms and features:  

Issues related to the functioning and functionality of any of our Services, including issues you report related to the uptime and stability of our Services;

Issues related to the proper functionality of Adaptive Web Hosting User Area, including tools and features provided by Adaptive Web Hosting, such as auto-update services, caching, staging, integration for currently supported SSL certificates, daily backup, control panels, CDN and other;

Assistance related to settings and proper usage of the tools and features provided by us;

Inquiries related to the registration, renewal, and transfer of domains to us, DNS or WHOIS updates. For issues related to domain transfer from Adaptive Web Hosting to another hosting provider or registrar, our support is limited to make sure the domain is transferable per the requirements for the respective domain extension.

14.3.  Issues outside the scope of free technical support

14.3.1. Certain issues are outside the scope of our free technical support:

Issues related to the installation of third-party scripts/applications not provided by Adaptive Web Hosting;

Website related inquiries such as coding issues, database optimizations, benchmark tests, installation of new software on the server, changing the current setup of your servers, etc.; 

Issues related to web design, web development and/or customization.

Inquiries related to the functioning of scripts, optimizations, SEO services, themes or extensions; 

Website security audits and malicious code clean-up issues.

14.3.2. If you request technical support for issues outside the scope of our free technical support services, we may provide you with assistance at our own discretion, subject to availability and additional fees. We will inform you, and receive your consent, prior to charging you for technical support. Fees for technical support must be paid in advance.

15. BACKUP SERVICES

15.1. You acknowledge and agree that it is your responsibility to regularly back up all your Content in order to prevent potential data loss. We will use commercially reasonable efforts to back up data stored on your Hosting account. We will not back up files containing temporary or transient data which cannot be restored in a useful state.

15.2. You agree that you will keep independent backup copies of your Content in addition to those we maintain. If you use our Backup Services, you acknowledge and agree that due to technical reasons a backup copy may not be available for restore upon your request. Examples of technical reasons include but are not limited to excessive number of files in the backup, backup software failure, storage failure or corrupted backup files.

15.3. We keep a limited number of backup copies of your account as set out on the respective Product Page. If you upgrade/downgrade the Services, we may delete old backup copies created on your previous plan and start new backups of your data.

15.4. We may host your account and the backups of your data in different datacenter locations. You acknowledge and agree that for service provisioning purposes, your backups may be stored on servers in a different state, country or continent and in case of emergencies may be restored on servers outside your data center location of choice. In case of offsite data transfer to different locations all applicable data protection regulations and arrangements in our DPA will be followed. 

15.5. You agree to notify us through your User Area in case the Backup Service malfunctions and allow us reasonable time to resolve the issue. In the event that you are not satisfied with the outcome of any Backup Restore, it shall be your obligation to restore your files and data from your own backup. If we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. If you purchase Backup Services from us, our only obligation is to restore your data from a backup copy.

15.6. To the maximum extent applicable under national law and without affecting your rights as a Consumer, our Backup Services are provided “as-is” and are subject to all limitations of liability set out in these TOS.

16. ADAPTIVE WEB HOSTING CONTENT. INTELLECTUAL PROPERTY RIGHTS

16.1. Adaptive Web Hosting retains ownership of all intellectual property rights related to the provisioning of the Service(s). Adaptive Web Hosting grants to you a non-exclusive, non-transferable limited license to access and use the Service(s) during the Term or any Renewal Term. All trademarks, product names, services, software, script, source code, content, photos, graphics, videos on our website, logos or slogans (“Adaptive Web Hosting’s content”) used by Adaptive Web Hosting are owned by or licensed to Adaptive Web Hosting. You acknowledge and agree not to modify, copy, reproduce, download, transmit, distribute, sell, license, publish, broadcast, create derivative works from, or store Adaptive Web Hosting’s content for purposes other than using our Services, without our express prior written consent.

Unless otherwise set out in these TOS, you own all right, title and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us concerning your idea and suggestions related to the Services, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback.

16.2. You are welcome to provide us with a written or verbal testimonials of our Services in connection with your use of the Services. You acknowledge and agree that we may, at our discretion, use the testimonial to promote our Services online and in social media. Further to our use of your testimonial, you hereby agree and give your consent to Adaptive Web Hosting to publish your name, voice or likeness, profession, website, video and/or contact information in connection with the publication of the testimonial. If you would like to withdraw your consent, please send your request to [email protected].

17. THIRD PARTY LINKS

17.1. Our site and Services may contain link(s) to other websites operated by or with content provided by third parties. You understand and agree that Adaptive Web Hosting has no control over any such third-party websites or their content and will have no liability arising out of or related to your use of any third-party websites or their content. Adaptive Web Hosting shall not bear any responsibility for any legal documents (agreements, terms and conditions, policies and etc), content and practice of any third-party websites. The existence of any third-party links does not constitute endorsement of such websites, their content, or their operators. Adaptive Web Hosting includes these links only for your convenience.

17.2. You acknowledge and agree that third-party links on our website may contain affiliate tracking and Adaptive Web Hosting may collect a share of sales or other compensation from such links.  

18. WARRANTIES

To the maximum extent allowed by applicable law and without affecting your rights as a Consumer, you acknowledge and agree that the Services are provided by Adaptive Web Hosting as-is and you assume all risks and liabilities arising from or relating to your use of and reliance upon the Services, and that Adaptive Web Hosting makes no representation or warranty with respect thereto. Adaptive Web Hosting hereby expressly disclaims all representations, warranties and conditions regarding the Services, whether express or implied, including any representation or warranty in regard to quality, performance, non-infringement, commercial utility, merchantability or fitness of the services for a particular purpose. In addition, Adaptive Web Hosting expressly disclaims any express or implied obligation or warranty of the Services, that could be construed to require Adaptive Web Hosting to provide Services in such a manner to allow the Customer to comply with any law, regulation, rule or court order applicable to the actions or functions of the Customer. Without limiting the generality of the foregoing, we do not warrant that the Service(s) will meet any or all of your needs; will operate in all of the combinations which may be selected for use by you; or that the operation of the Service(s) will be uninterrupted, error-free or completely secure. No Adaptive Web Hosting employee, supplier or subcontractor is authorized to make any warranty on our behalf and if they make such warranties Adaptive Web Hosting shall not be bound by them.

19. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold Adaptive Web Hosting, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including Adaptive Web Hosting’s licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s). You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.

20. INDEMNITY

You acknowledge and agree to indemnify, defend and hold harmless Adaptive Web Hosting defend, fully compensate us, our affiliates, subsidiaries, parent and related companies, licensors and any third-party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of these TOS, our policies or documents which are incorporated herein, or any law; (iii) any breach of any of your representations, warranties or covenants contained in these TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS. For the purpose of this clause only, the term “you” as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services. The terms of this Article shall survive the termination of the Agreement.

21. TERM AND TERMINATION

21.1. The Term for each Service you purchase shall be set out on the Order. The Term may be extended as described in our Renewal Policy or may be terminated as described below. For avoidance of doubt, “Term” shall include the initial Term and any Renewal Term.

21.2. You may terminate a Service at any time through the User Area (Cancellation Request). We will send you an email confirmation to acknowledge your completion of the Cancellation Request (Cancellation Confirmation). If you fail to complete all steps of the Cancellation Request, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and Fees will continue to be charged. You must follow this procedure in order to terminate each Service. Once you complete a Cancellation Request, we will process it and issue a refund, if applicable, as set out in our Money Back Policy. 

21.3. If you are a Consumer, you have the right to withdraw from this Agreement, informing us of your decision to withdraw through the User Area (Cancellation Request) or by means of a clear declaration (e.g. a letter sent via post, fax or email). You can also use the model withdrawal form enclosed below, which – however – is not mandatory.

21.4. You acknowledge and agree that any domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any applicable rules or policies, including, but not limited to: (i) the UDRP; (ii) any ICANN adopted policy; (iii) any registrar (including Adaptive Web Hosting) or registry administrator procedures; or (iv) any other ccTLD registry administrator procedures.

21.5. Without prejudice to the provisions laid down in other clauses of thеsе TOS, Adaptive Web Hosting shall be allowed to terminate this Agreement with or without notice with immediate effect if (i) you fail to pay any fees due; (ii) you breach these TOS, our Acceptable Use Policy or any other policy incorporated herein by reference, or any law and fail to cure that breach within 48 hours after receipt of written notice; (iii) you repeatedly infringe any policy incorporated herein or announced on our website; (iv) in case of any action and/or omission, failure and/or malfunction caused by you or your End User(s) which damage Adaptive Web Hosting servers and facilities or the servers and facilities of other network hosts or Internet users; (iv) you disclose false or misleading allegations that may negatively impact our reputation and (v) transfer all or part of your obligations and/or rights under this Agreement to third parties, without our prior written consent.

21.6. Adaptive Web Hosting may also terminate this Agreement by fifteen (15) days written notice as of the date of its receipt if (i) according to Adaptive Web Hosting’s reasonable opinion, you do not have basic technical knowledge to use the Service(s) without excessive ongoing technical support; (ii) Adaptive Web Hosting determines in good faith that continued provision of the Service has become unfeasible for technical, legal, regulatory, economic or any other material reason.

21.7. Adaptive Web Hosting may discontinue provisioning of certain Service(s) or terminate this Agreement, if a third party ceases to make components of the Service available to us.

21.8. It is important to understand that certain Services are bundled together. As a result, termination of the Services that provide hosting (Hosting Account) may result in immediate termination of multiple aspects of the Services. Upon termination any information, data, content and files stored by you on our server shall be deleted. We may keep backup data for terminated Services for up to sixty (60) days after termination and provide you with access to that data upon request and subject to availability. IP addresses and server space are recycled. It is your obligation to ensure that you arrange to migrate your website(s) or content off our servers and relinquish use of the IP address assigned to you in connection with the use of our Service(s) prior to termination. We have no obligation to provide any Service(s) to you including forward of email(s) following termination.

21.9. Model Withdrawal Form

If you wish to withdraw from this Agreement, please fill in the form below and send it back to us: Email: [email protected]

I/we (*) hereby withdraw from the agreement concluded by me/us (*) on the purchase of the following goods (*) / the rendering of the following services (*):

Ordered on(*) / received on (*):

Name(s) of the consumer(s):

Address of the consumer(s):

Signatures of the consumer(s) (only in case of notification on paper)

Date

(*) Delete as applicable.”

22. COMPLAINTS

22.1. If for any reason you are not satisfied with our Services, you may send your complaint to us via: (1) email at [email protected], or (2) opening a support ticket, chat through the HelpDesk in your User Area,

22.2. You may have the option to escalate a chat or support ticket to a Supervisor/Manager. You should include any tracking numbers or other references from your previous correspondence with us in order to be able to recover the full history of your complaint.

22.3. We will take care to review, investigate and respond to any complaint(s) fairly and thoroughly. All complaints must be in writing and clearly indicate the name and contact details of the complainant. If you have relevant documentary evidence to support your complaint, it should be enclosed to the complaint. Evidence submitted should be as concise as possible and relevant to the complaint.  

22.4. Complaints made over the phone shall be recorded, but wherever possible, should be confirmed in writing. Anonymous complaints will not be reviewed. 

22.5. When you submit a complaint, Adaptive Web Hosting will acquire any and all personal data included in the complaint. In order to follow up on your complaint, Adaptive Web Hosting may need to provide your complaint enclosed with evidence to a person subject of the complaint and third parties as consultants and subcontractors. Adaptive Web Hosting shall process all personal data included in the complaints in compliance with our Privacy Policy.

22.6. Adaptive Web Hosting will review the complaint and will provide a written answer within 10 (ten) business days from receipt of the complaint. If the complaint requires more detailed investigation, you will receive an interim response describing what is being done to deal with the matter, and when you can expect a final reply.

23. DISPUTE RESOLUTION. JURISDICTION. CHOICE OF LAW

23.1. In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and Adaptive Web Hosting shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party.

23.2. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You acknowledge and agree that, by entering into this Agreement, you and Adaptive Web Hosting are waiving the right to a trial by jury. If you initiate litigation or any other proceeding against Adaptive Web Hosting in violation of agreed arbitration procedure, you agree to pay us reasonable costs and attorneys’ fees incurred in connection with our enforcement of the articles regulating the arbitration proceeding.

23.3. This Article 23.2. will not apply to domain name and intellectual property infringement disputes.  

23.4. Despite the provisions of Article 23.2., nothing in thеsе TOS will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in the small claims court of your state or municipality if the action with within that court’s jurisdiction and is pending only in that court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

23.5. Any arbitration between the Parties will be governed by the Consumer Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”)  as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Adaptive Web Hosting. If there is a discrepancy between AAA Rules and the rules set forth in these TOS, the rules specified in the TOS shall apply. You are entitled, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state or local law, as limited by Limitation of Liability agreed in Article 19 of these TOS. All disputes subject to arbitration shall be resolved by one neutral 1 arbitrator, and the Parties shall have opportunity to participate in the selection of the arbitrator. The arbitrator shall be bound by these TOS. The place of the arbitration at the AAA location shall be chosen by Adaptive Web Hosting ihe City of Alexandria, Virginia but if claim is for less than $10,000, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing in City of Alexandria, Virginia. English language shall be used as the written and spoken language for all matters connected with all references to arbitration. During the arbitration, the amount of any settlement offer made by each of the Parties will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The decision of the arbitrator shall be made in writing containing the essential findings and conclusion on which an award, if any is based. The decision of the arbitrator shall be final and binding on the Parties, save in the event of fraud, manifest mistake or failure by the arbitrator to disclose any conflict of interest. The decision of the arbitrator may be enforced by any court of competent jurisdiction and may be executed against the person and assets of the losing party in any jurisdiction. For the avoidance of doubt, such court includes any court that is authorized to make such an order by virtue of any treaty or legislation relating to the reciprocal enforcement of foreign arbitral awards or judgments. 

23.6. A party who intends to initiate an arbitration procedure to settle the dispute must first notify the other Party by sending a written notice to [email protected]. The notice must contain full contact details: name, address and e-mail, the nature and basis of the dispute/claim and the relief requested. In the event of a dispute between the Parties arising out of or in connection with these TOS the Parties hereto shall use their best efforts to resolve the dispute in an amicable manner.  If the Parties may not reach an agreement to resolve the dispute within 60 days following the receipt of the dispute notice, each Party may initiate an arbitration procedure under the Article 23.2 of these TOS. You may find a copy of a Demand for Arbitration at www.adr.org: Consumer Arbitration Rules. Any claim or dispute to which arbitration procedure apply must be filed within one year of the date you could first file the claim unless your local law requires a longer time to file claims. If the claim or dispute is not filed within that time, then it’s permanently barred. 

23.7. Both Parties agree that each of them may bring claims against the other Party only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both Parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

23.8. The AAA rules will govern payment of filing fees and the AAA/s and arbitrator’s fees and expenses, unless the Parties agree on them. 

23.9. If you do not wish to be bound by the arbitration clauses set forth in these TOS, you may send  us an opt-out notice within thirty (30) days following the date you accept these TOS, unless a longer period is required by the applicable law. You may send your opt-out notice to us at [email protected]. In the event you opt-out from the arbitration procedure, all other terms contained herein shall continue to apply, including those related to the applicable law and the court in which claims may be filled.

23.10. Both Parties agree that any disputes not subject to arbitration procedure and class action waiver provisions in this Article 23.2 (other than an individual action filed in small claims court) shall be brought before the U.S. District Court for the District of  Worcester, Massachusetts (District Court). If the District Court may not consider the dispute, all disputes shall be brought before the appropriate state court located in Alexandria, Virginia, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. Any claim related to this Agreement, must be filed within one year of the date you could first file the claim, unless your local law requires a longer time to file claims. If  the claim is not filed within that time, then it is permanently barred.

23.11.  State law issues concerning construction, interpretation and performance of these TOS shall be governed by the substantive law of the Commonwealth of Massachusetts, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.

23.12. Your local consumer laws may require some local laws to govern or give you the right to resolve disputes in another forum despite these TOS. If so, the provision regulating the choice of law and dispute resolution apply as much as your local consumer laws allow.

Each Party will comply with all applicable federal, state and local laws and regulations.

24. NOTICES

24.1. We will send notices to you using the contact information in your Customer Account. We may send you notices by email, a ticket in our HelpDesk or a notice posted in your User Area. We have no responsibility for notices not delivered due to outdated or inaccurate contact information. 

24.2. Any notices to us related to issues governed by our Privacy Policy shall be addressed to us  at [email protected] or to our Data Protection Officer who can be reached at [email protected].

24.3. Any notice related to copyright/trademark infringement shall be address to our Designated Agent:

Adaptive Web Hosting Compliance Team

Email: [email protected]

24.4. You may send us notices, requests, claims, consents, waivers, demands or any other communication related to this Agreement by (i) opening a ticket through the HelpDesk in your User Area; (ii) email; (iii) first-class mail; or (iv) internationally recognized courier.

Please address your notices to: 

Email: [email protected]

24.4. Notice shall be considered duly given and effective: (i) if sent by ticket, on the date the ticket is recorded in the HelpDesk; (ii) if sent by email, on the day when received in the designated email account; (iii) if sent by first-class mail, on the date of delivery by the appropriate postal service; (iv) if sent by internationally recognized courier, on the date of delivery by such courier.

25. GENERAL PROVISIONS

25.1. Export Laws. You must comply with all domestic and international export and import control laws and regulations that apply to the software and/or Services, and, in particular you will not use the Service to export or re-export data or software without all required United States and foreign government licenses. You assume full legal responsibility for any access and use of the Services from outside the United States, with full understanding that the same may constitute export of technology and technical data that may implicate export regulations and/or require export license. Should such a license be required, it shall be yours responsibility to obtain the same, and in case of any breach of this duty resulting in legal claims against Adaptive Web Hosting, you shall defend, indemnify and hold Adaptive Web Hosting harmless from all claims and damages arising therefrom.

25.2. Waiver. If at any time during the term of this Agreement we fail to insist upon strict performance of any of your obligations under this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any term of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated by you in writing. 

25.3. Assignment. Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without our prior explicit written consent. Any assignments in violation of the foregoing shall be null and void and of no force or effect. You acknowledge and agree that Adaptive Web Hosting may assign its rights and obligations under this Agreement, and may engage subcontractors in performing its duties and exercising its rights hereunder, without your further explicit consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assignees. 

25.4. Independent Contractors. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

25.5. Severability. If any one or more of the provisions contained herein or of the applicable policies of Adaptive Web Hosting shall, for any reason, be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such provision(s) will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of this Agreement and the policies announced on our site shall not be affected.

25.6. Force Majeure. With the exception of Customer’s payment obligations, neither Party will be responsible for any interruption, delay or other failure to fulfill any obligation under this Agreement resulting from acts of God, storms, flood, riots, fire, acts of civil or military authority, war, terrorism, epidemics, pandemics, shortage of power, telecommunications or internet service interruptions or other acts or causes reasonably beyond the control of that Party.

In the event of an occurrence of a Force Majeure, the Party whose performance is affected thereby shall give to the other Party notice of suspension as soon as reasonably practicable, stating the date and extent of such suspension and the cause thereof, and such Party shall resume the performance of such obligations as soon as reasonably practicable upon the cessation of such Force Majeure and its effects.

During a Force Majeure event, you shall be entitled to seek an alternative hosting provider at your own cost with respect to the affected Services. If a Force Majeure event continues to exist for more than twenty (20) consecutive days, each Party shall be entitled to terminate the Agreement for affected Services. 

26. CHANGE OF TOS

Adaptive Web Hosting may modify these TOS at any time with immediate effect. We will inform you about modifications to the TOS by email and via notices in your User Area. Adaptive Web Hosting shall not be liable for your failure to receive an email notification due to an inaccurate email address. 

If you do not agree to the changes in the TOS, you must suspend use of the Services and terminate this Agreement within ten (10) business days of receiving notification from us. 

To the extent permitted by applicable law, continued use of the Services after you have received a notice for changes to the TOS will be considered as acceptance of such changes and in force in the agreement between the user and Adaptive Web Hosting, unless you have sent us a termination notice. 

Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.

No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS. 

27. SURVIVAL 

Articles 5, 11.10., 15.6., 18, 19, 20, 23, 24, 25.5 and 27 shall survive the termination of this Agreement.

The Adaptive Acceptable Use Policy (AUP) sets out the rules and guidelines for using our Services. You agree that you and your End users will use the Services in full compliance with the Adaptive Terms of Service (TOS) and the AUP.

By using any service provided by Adaptive you agree that:

• You will not violate any applicable local, state, national or international law, including, but not limited to, regulations, ordinances, rules or any requirements of any applicable national or local authorities/regulator;
• You will not transmit any unsolicited commercial or bulk email. You will not engage in any spamming or Mail Bombing activities; 
• All your outgoing email messages containing advertising will include an automated opt out;
• You will not make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;
• You will not make, attempt or allow any unauthorized access to Adaptive and/or third-party website(s), server(s), or hosting accounts and/or services;
• You will not allow any remote code execution of malicious software;
• You will not cause denial of service attacks, port scans or other endangering and invasive procedures against Adaptive servers and facilities or the servers and facilities of other network hosts or Internet users;
• You will not forge the signature or other identifying mark or code of any other person or engage in any activity (including “spoofing”) to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
• You will not display, store, distribute or otherwise make available any content or material that you are not authorized to, whether because prohibited by law, agreement or other reason. This includes but is not limited to copyrighted music, video, photos, designs, files, copyrighted software, personally identifiable or protected confidential information, trade secrets, etc.;
• You will not display, store, distribute or otherwise make available any “protected health information” as defined under Health Insurance Portability and Accountability Act (“HIPAA”); 
• You may host websites related to high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc only after receipt of our explicit consent. For such websites, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc.
• You will not impersonate any person or entity;
• You will not harm or seek to harm minors in any way;
• You will not host or operate an audio and/or video streaming service;
• You will not host websites that make use of cryptopools/contain mining scripts, promote cryptocurrency money-making schemes, are crypto exchange and crypto airdrop sites;
• You will not host any website, content, links or advertisements of websites that:
  • infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any party;
  • profess hatred for particular social, ethnical, religious or other group;
  • contain viruses, Trojan horses, worms, time bombs, ransomware, spyware, adware, scareware, corrupted files, or any other malicious software or programs that may interrupt, limit the functionality or destroy any software, hardware or equipment;
  • contain Illegal or Hacking/Phreaking Software (Warez);
  • contain any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
  • contain any kind of proxy server or other traffic relaying programs;
  • promote Money Making Schemes, Multi-level Marketing or similar activities;
  • contain Torrent trackers, Torrent Portals or similar software;
  • are used to operate and contain peer-to-peer network systems and file sharing systems;
  • are with adult content, pornographic, obscene, unlawfully harassing, or connected with child abuse or sex-related merchandising;
  • contain personal data, private information, images, photos, videos and any other identifying information or material of any third party, including children without their consent (or a parent’s consent in the case of a minor);
  • advertise, encourage or give any kind of support to the use and/or sale of drugs and any related substances without permission by the government or other authority;
  • contain any data, material that is unlawful, abusive, threatening, harassing, or defamatory;
  • contain fake news, misleading, untruthful or inaccurate information;
  • promote, encourage or give any kind of support to violence and terrorism.

Examples of unacceptable content, data, materials, websites on all Adaptive servers include but are not limited to:

IRC Bots, Proxy Scripts, Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs,, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forum sites and or any other websites that distribute or link to warez content are strictly prohibited as well.

Any material that in our reasonable opinion is either obscene or threatening is strictly prohibited and will be removed from our servers. 

By using our Services you also agree not to engage in or to instigate actions that cause harm to Adaptive, other Adaptive customers or any third party. Such actions include, but are not limited to, actions resulting in blacklisting any Adaptive IPs by any online spam or IP reputation database, actions resulting in DOS attacks for any Adaptive server, etc.

You are solely responsible for ensuring that all programs and scripts installed or used on the Services are secure and the permissions of directories and files are set properly. We recommend that you set the permissions on all directories and files to be as restrictive as possible. You are solely responsible for any actions and activity while using the Services, including any compromise of login credentials. 

You agree to keep all your login credentials secure at any time. We reserve the right to carry out audits to determine the security level of login credentials. In the event that we determine your login credentials have been compromised (e.g. were brute-forced, hijacked, stolen, etc.) and are being used or were used for uploading, maintaining, running unacceptable content, data materials or websites, we may suspend access to the compromised Service (including but not limited to Customer Account, hosting service, user accounts, website, FTP service, Email service). We will notify you if such actions are taken against your hosting account.

Adaptive shall not provide legal advice referring to compliance of content and materials uploaded on or transmitted through our Services. You shall be solely responsible for verifying whether your content and materials comply with any applicable law, including laws in jurisdictions where your content and/or materials are uploaded, hosted or accessed. Adaptive shall not bear any liability if your use of the Services violates any law or regulation.

If your use of the Services results in violation the AUP, we may take immediate corrective action without prior warning, including deletion of content or Service suspension. Repeated violations of the AUP will result in termination of the Agreement with no refund. Adaptive shall not be liable for any loss or damage arising from our measures taken against actions causing harm to Adaptive, other Adaptive customers or any third party. 

We reserve the right to terminate the Agreement for Services suspended for violation of the AUP or the TOS with no refund.

Any violation of our AUP should be reported to us at [email protected].

This AUP is an integral part of the Adaptive Terms of Service (TOS). For all issues related to the use of the services not settled by the AUP, the provisions of the TOS shall apply.

The latest revision of this Privacy Policy was published on December 12^th, 2020. 

Please check back regularly to keep track of any Privacy Policy updates. 

At Adaptive we care about your privacy and believe in transparency. That’s why we are committed to being upfront about our privacy practices. We only collect personal information necessary to deliver our services and we handle it carefully and sensibly. 

This Policy explains our privacy practices for Adaptive.com (we’ll refer to it as the “Site”) and our other services provided by Adaptive Web Hosting LLP. (“Adaptive,” together with “we,” “us,” and “our”). We will refer to the Site and our other services as the “Services.” This Privacy Policy describes why and how we collect and use the personal information of our customers and website visitors. It also describes your options to choose how we use your personal data and how to contact us with any concerns and requests to in relation to that. Adaptive Web Hosting is a company registered and existing under the laws of Massachusetts, USA, and is the data controller of the personal data that we collect from you. 

If you have any questions, comments or concerns about any aspect of our Privacy Policy, please contact us using the details set out in the “Further questions and contacts” section at the end of this Privacy Policy.

Below you will find information about the following:

1. Collection of Information.
2. How we utilize information.
3. Purpose of data processing
4. Cookies, beacons, tags, pixels. 
5. How we share your personal information and who we share it with.
6. International Transfers.
7. EU-US and Swiss-US Privacy Shield
8. Security measures.
9. Retention periods. 
10. Your Rights.
11. Age restrictions.
12. Changes to the Privacy Policy. 
13. Further questions and contacts.

1. Collection of Information

When you access and browse the Site (including when you submit personal information to us through data entry fields on the website) we will collect the following from you: 

Information you provide:

Contact information – we receive and store any information you enter on our Site. Our Site uses forms to collect your personal information including your name, address, telephone number, email address so you can place orders, request information, get support and use our services. 

Payments and billing information – when signing up for any of our Services, products, or programs, we request additional personal and payment information such as your name, credit card information, PayPal or relevant service, billing address, personal, government or TAX identification number or other information including but not limited to certificates, tax declarations, forms, payment documents and other relevant documents.

Surveys and contests – we may, from time to time, offer surveys and opinion polls and ask you to provide information about your experience and feedback for our services. Occasionally we may organize you to contests, sweepstakes, competitions, prize draws, or other promotions (collectively “Contests”) on our Site or through our Social Media channels and may offer a prize as a sign of appreciation to the people who have participated, qualified and/or completed our Contest. Information requested for entry may include personal contact information such as your name, email, address, phone number, etc. Participation is entirely voluntary and it is up to you whether you choose to disclose any information or not.

Information we receive from your use of our services or third-parties. 

• Automated information – when you visit our website we receive and collect information, which may – in certain circumstances constitute personal information – and which includes your IP address, referral URL, exit URL, browser software, operating system, date/time and/or clickstream data. 
• Website Analytics tools– We use analytics services by third parties to collect information about the use of this Site, such as number of visits, pages visited, popularity of certain content. Analytics tools use tracking technologies (like cookies) to recognize your device and compile information about you. They collect information such as what pages you visit and how much time you spend on these pages, the IP address assigned to you, what operating system and web browser you use, and what site you visited prior to visiting our website. 

• Information Logs– when you visit the Site, view content provided by us, use our services, use our Chat service, ask us a question, request technical assistance in regard to our services, send us an email or participate in a contest or survey on our website, we automatically collect and store certain information in log files. This includes your IP address, URL, referral URL, exit URL, browser software, operating system, date/time, requests type to our Site and error responses returned by our Site or Services.

• Other information– we also receive and store any information that you provide on our Site, our Chat service, any complaint forms on our site, email, telephone, or any other type of communication with our team or related to the provisioning of our services. Whenever you contact us, we will record the ticket, chat or call to ensure we have an accurate record of all communication, which is needed to provide our services and to support any action taken by our team as a result in the event of a dispute over our response.

2. How we utilize information

Information you provide:

We collect, store, and use the information you provide for the following reasons: 

Contact information– to contact you regarding the progress of your orders, status of the services, functionality changes to our products and our Site, and – where you have opted in to receive such information – other/new services, and/or special offers/newsletters we think you might find useful, we use email, telephone, and/or text message, as well as to inform you about hosting account issues, service interruptions or updates, service improvements or new products in accordance with our Terms of Service and applicable law.

Payment and billing information – we need it together with your contact details, to open a Client or an Affiliate account for you, to process your orders and renewals, to enter into a contractual agreement for any Services, to invoice you and to fulfill our legal obligations for tax calculations.

Surveys and Contests– 

• any answers to surveys and opinion polls are stored separately from your details and we either anonymize or pseudonymize the data collected, which can be used for ascertaining the usage of certain aspects of our Site and services and market research. We may share the anonymized or pseudonymized data with third parties when they need the information to fulfill their obligations to process it on our behalf. However, neither the anonymized data nor the pseudonymized data allows to identify you personally without the use of additional information which is kept separately, and is subject to technical and organizational measures to ensure that none of the data is attributed directly to you.
  • If you enter a Contest, we use the data you provide for the successful administration of the Contest, to contact you or work with third parties to contact you in case you’ve won anything and fulfill prizes in accordance with the announcement and terms of the participation for the respective Contest. We may also, where you have opted in to receive such communication, and unless prohibited by law, use your information provided via our surveys and Contests to send you details about our services or offers.

Information we receive from your use of our services or third-parties.

We collect, store and use the information that we receive from your use of our services or third parties for the following reasons:

• Automated information – to diagnose problems with our servers, to administer our Site and services. This is not linked to any personally identifiable information, except if necessary to prevent fraud or abuse on our Site and systems. 
• Analytics tools – to improve services on our Site. 
• Information Logs – for diagnosing problems, administering our Site and resolving issues.
• Other information– to maintain your account and purchased products, to have an accurate record of any inquiries in case of a dispute and to identify certain characteristics that could help us optimize and improve our products and services.

3. Purposes of data processing 

When you access or use our Services, we need to collect, use, and otherwise process your information, as set out in this Policy. We are committed to your privacy and follow a few fundamental principles when we process personal data:

1. We strive to collect only the minimum personal data that we need to deliver any Services to you.
2. We aim for full transparency on how we use your information to comply with legal or other lawful purposes and respect your privacy.
3. We make sure we only use your information for the purposes you have given us permission for.

We rely on several legal bases to use your information, as set out in this Policy:

• Contract– the use of your information is necessary to perform any contractual obligations to provide any Services to you or to administer any Contests you enter into.
• Legal obligations – our use of your personal information is necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. For example, if we are requested to disclose your personal information to regulatory bodies or law enforcement authorities; or to use your personal information for tax calculations.
• Our legitimate interests – necessary for the purposes of our legitimate interests, such as to:
  • run, grow, develop and deliver our services; 
  • detect and prevent fraudulent activities; 
  • enhance the security of our network and information systems;
  • better understand how people interact with our website;
  • determine the effectiveness of our promotional campaigns and advertising; and
  • enhance, modify, personalize or otherwise improve our services and communications for the benefit of our customers.
• Consent– we rely on your consent for us to use your personal information to send you marketing information (such as our newsletters and promotional offers) by email, SMS, or telephone. You may withdraw your consent at any time by updating your personal Info/Settings in your user profile in our User Area, using our Unsubscribe option in relation to email subscriptions, or contacting us using the details set out in the “Further questions and contacts” section of this Policy.

4. Cookies, beacons, tags, pixels 

We use Cookies to collect some of the information set out in this Policy. A cookie is a small piece of data sent from a website and stored in your web browser on your computer, mobile or other handheld device, while you are browsing a website. 

Our Site uses cookies to identify you. Cookies can store your account identifier, ordering status, personalization or website tracking. They can also be used for technical purposes such as keeping track of your current shopping session and enabling you to proceed to checkout and pay for your according order or to save information which has already been entered (languages choices, and your region), so that we can offer improved and more personalized services, products and other relevant communication tailored to you. Cookies also allow us to fulfill our contractual obligations to third parties and partners if you have made a purchase on our website by following a link from theirs.

Our Site includes marketing cookies and remarketing pixel provided by third parties. That allows these parties to collect the information that you have visited our Site and were interested in certain offers. We also use beacons, tags, click tracking codes and scripts to analyze trends and movements of users around the Site, gather information about user base as a whole and how we can improve our service and Site, to provide advertising based upon activities and interests and to measure advertising effectiveness. As a result, we may display targeted, or interest-based, offers to you based on the products you currently own or have recently viewed and deliver other communication more relevant to you and your interests outside of our Site, on other websites part of the third party’s network. 

You can manage your preferences regarding Cookies either by modifying your browser settings or using the designated pop-up tool on our website. In the ‘Cookie Settings’ pop-up on our Site you will find a list of all cookies within each category (required, statistics, marketing), or a list of vendors serving cookies and similar technologies and will be able to choose which types of cookies you would like our Site to use, if any.

You can also modify your Cookie preferences straight from your browser. Please note that if you simply disable all our cookies or cookies in general in your browser settings, you may find that certain sections or features of our Site will not work, because your browser may prevent us from setting Site functionally required cookies. 

5.How we share your personal information and who we share it with

All personal information collected by Adaptive is treated as confidential. We disclose entire or part of your data in the limited circumstances described below and with appropriate safeguards on your privacy:

• If we are required by law – we will disclose information about you in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
• Our Adaptive group companies, Subsidiaries, employees, and independent contractors – we will disclose information about you to our Adaptive group companies, subsidiaries, business partners, external consultants, auditors, collaborators or other third parties, some of our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our services or to process the information on our behalf and also for administrative purposes, billing and tax and all other purposes related to the management of your account. We require all of them to comply strictly with this Privacy Policy.
• Third Party Vendors – we will share information with third party vendors based within the United States, Canada and European Union, Data Center services providers based within the United States, European Union and Singapore, external advisors/consultants, business partners, tax, accounting and legal companies, collaborators based within United States and the European Union, who need to know information about you to provide various services on our behalf. This group includes vendors that help us provide our services such as payment providers that process your credit card information or information about alternative payment methods and invoicing, and accounting companies as well as vendors that help us prevent fraud. This group also includes trusted vendors we partner with that perform analysis of our products or customer demographics and do market research that help us understand and enhance our services and help us serve better advertisements. This group also includes third party providers that perform analytic services and analyze the data of our surveys and/or contests. We will only share information about you that is necessary for the third-party vendor to provide the requested service. These companies will process the provided data under instructions of Adaptive and in compliance with this Privacy Policy. We do not authorize vendors to retain, share, store or use your personally identifiable information for any secondary purposes. The third-party vendors include companies that operate in different industries such as Fraud Detection, Technology Service, Internet Information Providers, Payments and Data Processors, Specialty Finance, Media, Internet Content & Information Industries, Advertising & Marketing and Technologies, that are located in the territory of the European Union and United States.
• To Protect Rights and Property – We will share account and personal information with companies, organizations or individuals when we believe in good-faith that access, use, preservation or disclosure of the information is necessary to meet any applicable law, comply with regulation, legal process or enforceable request; to enforce or apply our Terms of Service and other agreements; to investigate potential violations; to protect against harm to the rights, property or safety of Adaptive, our users or the public as required or permitted by law. To the extent we are legally permitted to do so, we will take all reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process.
• Domain Registrars – the domain’s owner information (WHOIS Data) for any domain name is required and controlled by the Registry for the top-level domain which you wish or have registered a domain name in. We share your information to the extent necessary to comply with ICANN’s rules, regulations, and policies and with rules and policies by the ICANN-accredited registrar providers we represent. The use and disclosure of the personal information as part of the domain registration process is governed by the Domain Name Agreement in our Terms of Service.
• Business Transfers – in connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that Adaptive goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events happens, we will take any reasonable steps to notify you and this Privacy Policy would continue to apply to your information and the party receiving your information shall continue to use your information, but only consistent with this Privacy Policy.
• Adaptive Web Hosting is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Adaptive Web Hosting complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
• With Your Consent – with your explicit consent or at your direction we may share and disclose information you have authorized us to with third parties. We will not, however, sell, rent, share, or otherwise disclose personally identifiable information for commercial purposes in any way that is contrary to the commitments made in this Privacy Policy. We will take all reasonable steps to notify you when and what information might go to third parties, and you will be able to choose whether to share it or not.

6. International transfers

We host, store, or otherwise handle your personal information within the borders of the USA and European Economic Area (EEA).

We will make sure that any transfers of your personal information from one country to another comply with the data protection and privacy laws that apply. 

European data protection laws include specific rules on transferring personal information outside the EEA.

When transferring personal information outside the USA to EEA, we will include the standard data protection clauses approved by the European Commission under Article 46.2 of the General Data Protection Regulation (GDPR) into our contract with the EEA-based Adaptive group company or other Partners.

You can find out further information about the rules on data transfers outside the USA, including the mechanisms that we rely upon, on the European Commission website here.

In any event, your information will be processed in accordance with this Privacy Policy. If you would like further information about the global handling of your personal information, please contact us using the details set out in the “Further questions and contacts” section below.

7. EU-US and Swiss-US Privacy Shield

Adaptive Web Hosting complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.  Adaptive Web Hosting LLP has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/ 

In compliance with the Privacy Shield Principles, Adaptive Web Hosting LLP commits to resolve complaints about our collection or use of your personal information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Adaptive Web Hosting at: 

[email protected]

Adaptive Web Hosting has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) regarding unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland.

Adaptive Web Hosting. is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). 

Under certain conditions, you may have the right to invoke binding arbitration for complaints regarding Privacy Shield not resolved by any of the other Privacy Shield mechanisms. More information can be found at: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

8. Security measures

We use Secure Sockets Layer (SSL) software to encrypt the information you enter on our Site to protect its security during transmission to and from our Site. When storing information, we protect its security by encryption and pseudonymization of critical data. When we process credit card information and payments, the credit card is subject to tokenization and strong security measures.

We maintain physical, electronic, and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures require us in some cases to request proof of identity before disclosing personal information to you.

To protect against unauthorized access to your account and information, we implement session management, login expiration mechanisms and the option of using 2-factor authentication for User Area access. As an additional safety measure, be sure to sign off when you finish using your account and your computer. 

Although we take all these measures to maintain the safety and security of your personal information, please note that no transmission over the Internet can ever be guaranteed to be secure. Consequently, please note that we cannot fully guarantee the security of any personal information that you transfer over the Internet to us. 

9. Retention periods

Information collected on our website will only be retained for as long as necessary to fulfill the purpose for which it was collected. In general, we will automatically delete your User Area account information 2 years after you no longer have any active services with us. Since we offer a service for customers worldwide and we need to comply with regulations across the globe regarding retention of personal information related to contractual agreements, provision of services, financial, billing, invoicing operations and tax calculations, a versioned copy of your contact, payment and billing personal data associated with your past invoices is stored for a period of 7 years and 10 years for payroll records after deactivating an account. Your personal data is deleted automatically by our systems in accordance with these retention periods. 

10. Your Rights

By visiting the My Details page in your User Area, you can access, correct, change, and delete certain personal information associated with your account. If you need further assistance, you can contact us using the details in the “Further questions and contacts” section of this policy to request any of the following:

• to access your personal data;
• confirm whether or not personal data about you is being processed; 
• provide you with further details about how we process your personal data;
• provide you with a copy of any data which we hold about you; 
• withdraw your consent to using your personal information, where we rely on your consent as a legal basis to justify using your personal data;
• consider any valid objection to the processing of your personal information (including the right to object to processing on grounds related to your particular situation where we are relying on our legitimate interests as a legal basis for processing);
• request to update or delete personal data which we hold about you; 
• restrict the way that we process your personal data;
• possibility to invoke binding arbitration;
• consider any valid request to transfer your personal data to a third party provider of services (data portability); and

we will consider all those requests. However, certain personal information may be exempt from those requests in certain circumstances, which include a need to keep processing information for our legitimate interests or to comply with a legal obligation. If such an exception applies, we will notify you when responding to your request. Please note that we may ask you to provide us with information necessary to confirm your identity before responding.

11. Age Restrictions 

In accordance with Adaptive Terms of Service, we do not sell products, provide services, or collect information from any individual under the age of 18. If you are under the age of 18, you are not allowed to use the Site and you must request your parent or guardian to use the Site instead. Should you have an evidence that someone under the age of 18 has bought services and provided their personal information to us, please contact us using the details set out in the “Further questions and contacts” section below. 

12. Changes to the Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post the updates to this Privacy Policy here and on any other place we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

If we make material changes to this Policy, we will notify you here, by email, or by means of a notice via our Site, at least fifteen (15) days before the changes take effect.

13. Further questions and contacts

If you have any questions regarding this Privacy Policy, if you wish to exercise any of your rights in relation to your personal information, or if you want to object to the collection or processing of your data by Adaptive, whether entirely or partially, please contact us at [email protected].

Cookie Policy

At Adaptive Web Hosting we care about your privacy and believe in transparency. That is why we are committed to be upfront about our privacy practices and provide settings that allow you to choose how certain information is used. Тhis policy provides information about how and when we use Cookies. 

As described in our Privacy Policy above and in accordance with its provisions, we use cookies, web beacons and similar technologies to identify you and collect information that helps us enable certain functionality on our site, let you access your account, analyze website traffic and usage, and personalize content and ads. 

Your Consent

When you first visit our website, it will present you a designated Cookie Notice and pop-up tool that enables you to find a list of the different categories and a list of vendors serving them and choose which types of cookies you would like our Site to use. By browsing our site, closing the Cookie Notice message, or clicking “Accept All Cookies” in it, you agree to our use of cookies, web beacons and similar technologies as described herein and in our Privacy Policy.

You can decide to withdraw your consent at any time. You can manage your preferences regarding Cookies by modifying them in the designated “Cookie Settings” pop-up tool on our Site or refer to the “How do you manage, control or block cookies?” section for more information.

What are Cookies, web beacons, pixel tags and similar technologies?

A cookie is a small piece of data that our website asks your browser to store on your computer or mobile device. Generally, it contains certain information that is not personally identifiable to you but is used to improve and personalize your web experience. For example, a cookie can include the date and time of visits to the website, the pages viewed, the time spent on the website and the sites visited just before and just after it.

Some of the pages you visit on the Site may also collect information using web beacons, also called pixels, image tags or script tags. They are small files or pieces of code that may be loaded on our Site and they are used in conjunction with cookies. 

What do we use cookies, pixels and tags for?

We use cookies to make our Site easier to use. Cookies can store your account identifier, ordering status, personalization, or website tracking. They can also be used for technical purposes such as keeping track of your current shopping session and enabling you to proceed to checkout and pay for your according order or to save information which has already been entered (languages choices, and your region), so that we can offer improved and more personalized services, products and other relevant communication tailored to you. 

We also include cookies, pixels, tags, and similar technologies provided by third parties. They allow us and these parties to collect the information that you have visited our Site and were interested in certain offers. We use them to manage and monitor our online advertising and aggregate anonymous information relating to trends and movements of users around the Site, user base, advertising responses, page views, promotion views and purchases made. Such pixel tags may be used to recognize third party cookies and inform us and/or third parties of which advertisement or link brought you to our website, allowing us to measure effectiveness of promotional activities and better target Internet advertisements and efforts in improving our service and Site.

As a result, we may display targeted, or interest-based, offers to you based on the products you currently own or have recently viewed and deliver other communication more relevant to you and your interests outside of our Site, on other websites part of the third party’s network.

Types of Cookies, web beacons, tags, and similar technologies

The cookies, web beacons, tags and similar technologies can be grouped based on their characteristics or purpose.

Based on length of their expiration period, cookies can be session based or persistent ones. 

• Session cookies only last for as long as the session and they expire at the end of your current visit to the Site. They allow us to link your actions during that session. 
• Persistent cookies are stored on your device in between browser sessions, allowing us to remember your preferences or actions across multiple visits or sites.

Based on ownership, cookies fall into two categories:

• First-party cookies are those set and managed by Adaptive Web Hosting and our Site that is being visited by the user at the time to preserve your preferences.
• Third-party cookies are placed in your browser by a domain, and a vendor, that is not our Site that you are currently visiting. Our Site sets third-party cookies from our analytics and marketing partners and vendors.

Cookies, web beacons, tags and similar technologies, managed by us or third parties, serve various purposes on our Site. Based on purpose, they can be either essential for the functioning of our Site and Services or enable us with extra functionality such as tracking trends and movements of the users, analyzing demographic information, provide performance and analytic data about the Site and serve advertising. Based on the purpose we classify them in the following categories:

• Strictly necessary cookies: These cookies are necessary for the website to function. They can store your account identifier, ordering status, personalization or website tracking. They can also be used for technical purposes such as keeping track of your current shopping session and enabling you to proceed to checkout and pay for your order or to save information which has already been entered (for example your region and languages choices), so that we can offer improved and more personalized services, products and other relevant communication tailored to you. Cookies also allow us to fulfill our contractual obligations to third parties and partners if you have made a purchase on our website by following a link from theirs. You cannot manage this type of cookies in our system and to disable them, you will need to switch them off across-the-board in your browser settings. You can set your browser to block or alert you about these cookies, but please note that some parts of the site will not work in this case.
• Analytics cookies: We use analytics services by third parties to collect information about the use of this Site, such as number of visits, pages visited, popularity of certain content. Analytics tools use tracking cookies to recognize your device and compile information about you. They collect information such as what pages you visit and how much time you spend on these pages, the IP address assigned to you, what operating system and web browser you use, and what site you visited prior to visiting our website. If you disable these cookies, we will not know when you have visited our site and will not be able to monitor and improve its performance.
• Functional Cookies: These cookies enable our website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies, then some or all these services may not function properly.
• Targeting Cookies: Our Site includes marketing cookies provided by third parties. That allows these parties to collect information that you have visited our Site and were interested in certain offers. We also use beacons, tags, click tracking codes and scripts to analyze trends and movements of users around the Site, gather information about user base, and how we can improve our Services and Site, to provide advertising based on activities and interests and to measure advertising effectiveness. As a result, we may display targeted, or interest-tailored offers based on the products you currently own or have recently viewed and deliver other communication more relevant to you and your interests outside of our Site, on other websites part of the third party’s network.

A list of the cookies we use on our Site classified in each category can be found in our designated Cookie Settings tool. For the composition of the list of cookies in each category our Site is scanned with cookie scanning tool regularly to maintain it as accurate as possible.

How do you manage, control or block cookies?

You can manage your preferences regarding Cookies by modifying them in the designated “Cookie Settings” pop-up tool on our website. You can opt-out of each cookie category (except strictly necessary cookies) by clicking on the corresponding category and disabling it.

You can also modify your Cookie preferences directly from your browser. Almost all browsers allow to detect Cookies and block them automatically. Please note that if you disable our website Cookies or Cookies in general in your browser settings, this will prevent Site functionally required cookies and certain sections or features of our Site will not work. 

Browser settings are usually found in the ‘Options’ or ‘Preferences’ menu. Browser-specific help with cookies can be found in the links below. For further information, we recommend referring to the documentation of your browser.

• Internet Explorer –https://support.microsoft.com/en-GB/kb/278835
• Chrome –https://support.google.com/chrome/answer/95647?hl=en-GB
• Firefox –https://support.mozilla.org/en-GB/kb/delete-browsing-search-download-history-firefox
• Safari –https://support.apple.com/kb/PH5042?locale=en-GB
• Opera –http://www.opera.com/help/tutorials/

Cookies and Partners List

Strictly Necessary Cookies

These cookies are necessary for the website to function. They can store your account identifier, ordering status, personalization or website tracking. They can also be used for technical purposes such as keeping track of your current shopping session and enabling you to proceed to checkout and pay for your order or to save information which has already been entered (for example your region and languages choices), so that we can offer improved and more personalized services, products and other relevant communication tailored to you. Cookies also allow us to fulfill our contractual obligations to third parties and partners if you have made a purchase on our website by following a link from theirs. You cannot manage this type of cookies in our system and to disable them, you will need to switch them off across-the-board in your browser settings. You can set your browser to block or alert you about these cookies, but please note that some parts of the site will not work in this case.

Analytics Cookies

We use analytics services by third parties to collect information about the use of this Site, such as number of visits, pages visited, popularity of certain content. Analytics tools use tracking cookies to recognize your device and compile information about you. They collect information such as what pages you visit and how much time you spend on these pages, the IP address assigned to you, what operating system and web browser you use, and what site you visited prior to visiting our website. If you disable these cookies, we will not know when you have visited our site, and will not be able to monitor and improve its performance.

Targeting Cookies

Our Site includes marketing cookies provided by third parties. That allows these parties to collect information that you have visited our Site and were interested in certain offers. We also use beacons, tags, click tracking codes and scripts to analyze trends and movements of users around the Site, gather information about user base, and how we can improve our Services and Site, to provide advertising based on activities and interests and to measure advertising effectiveness. As a result, we may display targeted, or interest-tailored offers based on the products you currently own or have recently viewed and deliver other communication more relevant to you and your interests outside of our Site, on other websites part of the third party’s network.

Changes to the Cookies Policy

We reserve the right to modify this Cookies Policy at any time. If we decide to change our Cookies Policy, we will post the updates here, on the Legal section on our Site and on any other place we deem appropriate. We reserve the right to amend, update or adapt this Cookies Policy to reflect any changes in the functionality of our Site, legislation or in the interpretation by the relevant data protection laws.

Further questions and contacts

If you have any questions regarding this Cookie Policy, please contact us at [email protected].

Copyrights Violation and DMCA

Adaptive fully complies with the Digital Millennium Copyright Act (also known as DMCA) to protect the rights of copyrights owners. If you think that a website hosted on any of our servers contains materials that rightfully belong to you or an entity you represent, you may contact us and invoke the protections provided by the DMCA act.

How to post a DMCA complaint?

The complaining party is required to deliver to Adaptive the following information:

1. Identification of the copyrighted work(s) claimed to have been infringed;
2. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and information reasonably sufficient to permit us to locate the material (please provide us the URLs from our customer’s website where the infringing material is located);
3. Information reasonably sufficient to allow us to contact the complaining party such as email, telephone, fax, etc.;
4. The following statements printed, signed manually and sent (you may scan and attach the statement to an email):

“I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”

“Under the penalty of perjury I state that the information contained in my complaint is accurate and I am authorized to act on behalf of the owner of the copyright I claim is infringed.”

5. A physical, faxed, or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

PLEASE BE ADVISED THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES AND CRIMINAL PENALTIES.

Please note that after we receive your formal complaint, we are required to inform the Respondent of your complaint. If our customer does not remove the infringing material, we will disable access to that material.

The customer has the right to submit a counter-notification in case they disagree with the claim. In such case, the complaining party is provided with 10 days to file a lawsuit against our customer and provide a proof of filing. If no such proof is submitted or a restraining order is not granted, Adaptive will reinstate access to the material.

How to serve a counter-notification?

In case of a copyright complaint is filed against a Adaptive customer, the customer may voluntarily remove the material or may submit a counter-notification indicating that the case will be resolved in court.  The counter-notification must include all of the following:

1. Identification of the material that has been removed or to which access has been disabled and its location;
2. Your full legal name, and/or that of the entity claiming to have legitimate access to the content, address, and telephone number;
3. The following statements printed, signed and sent (you may scan and attach them to an email):

“I have a good faith belief that the material was removed or disabled in error or misidentification and I believe it is not infringing upon anyone’s copyrights. I understand that I am declaring the above under penalty of perjury, meaning that if I am not telling the truth I may be committing a crime.”

“I consent to be served by the person, who gave notice to my Service Provider, or his agent. I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located, or if my address is outside of the United States, for any judicial district in which the Service Provider may be found.”

4. A physical signature of the alleged infringer.

Whom to contact about DMCA issues?

As required by the Digital Millennium Copyright Act of 1998 (17 U.S.C. 512 (c)), all notifications of copyright infringement regarding websites hosted by Adaptive should be sent ONLY to its designated agent.

Adaptive Abuse Team

Email: [email protected]

ANY INQUIRIES OTHER THAN THESE RELATED TO THE DMCA WILL BE DELETED.

For more information about DMCA please visit http://www.copyright.gov/legislation/dmca.pdf

Adaptive resells top-level domain names (TLDs) – gTLDs (generic top level domains) and ccTLDs (country-specific top level domains). 

The following Agreement (“Terms” or “Agreement”) applies to your use of domain names registered through or transferred to Adaptive (“Adaptive,” “us,”, “our” ). This Agreement is an integral part of the Adaptive Terms of Service (“TOS”) and together with the Registrant Agreement provided by the respective Registry or Registrar of record, and ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) represents the entire Agreement between you and Adaptive with regard to your use of domain names and any domain-related Services.

By purchasing a domain from or transferring a domain to Adaptive, you declare that you have read, understood and agree to be bound by these Terms. The terms and conditions of our Registrars can be reviewed at:

ENOM Domain Registration Agreement

ICANN Registrant Rights and Responsibilities

ICANN UDRP

Adaptive is not responsible for any domain names associated with our Services but not registered through us.

1. Domain Name Registration and Management

1.1. You may apply for a domain name registration by sending an Order for purchase of Services from Adaptive. We cannot guarantee that the domain name applied for in your Order will be registered in your name or is capable of being registered by you. You should not rely on the fact that you have submitted an Order to register a domain name until we send you notification that your Order has been accepted and your domain has been registered. 

1.2. The registration and ongoing use of a domain name are subject to the relevant naming authority’s terms and conditions of use, which are hereby incorporated by reference. You acknowledge and agree that Adaptive bears no responsibility should a naming authority refuse to register a domain name. 

1.3. If you register a domain name through or transfer a domain to Adaptive, you will be able to manage the domain through a domain management facility in your User Area.

1.4. Domain names and any domain-related services are subject to renewal and termination as set out in the Adaptive TOS. Domain registration and renewal fees are non-refundable in any event. The maximum renewal period for different TDLs may vary depending on the respective Registry. Renewal fees for expired domain names may vary depending on the Registrar of record.

2. Registrant Information

2.1. As part of the registration process, you are required to provide certain information to us, and to promptly update this information as needed to keep it current, complete and accurate. We will use this information in accordance with the TOS and our Privacy Policy. The information required in order to process your domain name registration is set out on your Order.

2.2. If you provide information about a third party, you hereby represent that you have provided notice to such third party of and have received their explicit prior consent to the disclosure and use of their information as set forth in the TOS and our Privacy Policy.

2.3. Some Registries require that you confirm your contact information after initial registration and/or after any change or contact details, before a domain name registration is completed or updated. If this applies for your domain, either Adaptive or the Registrar of record shall send you an email notification with instructions on how to confirm your details. If you fail to confirm your details within the specified deadline, your domain will be suspended or deleted which will affect the functionality of any Adaptive Services associated with that domain. You are solely responsible for following any instructions you receive in order to keep your domain name registration in good standing.

2.4. You acknowledge and agree that upon domain name renewal the type of information you are required to provide may change. If you do not agree to provide the new information, your registration will not be renewed.

2.5. The information you provide determines the ownership of the domain. For non-expired domain names registered through Adaptive, and subject to availability and the requirements of the respective Registry, this information may be updated through your User Area.

2.6. You are solely responsible for providing us with accurate and up-to-date contact information. We shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information. You are responsible for any changes to your domain name contact details made through the Adaptive User Area.

2.7. You acknowledge and agree that if you (i) provide inaccurate information; (ii) fail to update contact information promptly; or (iii) fail to respond to Adaptive or Registrar inquiries regarding the accuracy of your domain name contact details within any specified timeframe, this shall constitute violation of the Terms and may result in suspension and/or cancellation of your domain name registration.

3. Collection and use of registration information

3.1. By registering a domain name through or transferring a domain to Adaptive, you understand and agree that the Registrar of record, relevant Registry or ICANN may establish guidelines, limits and/or requirements regarding what information Adaptive must collect from you in order to provide the Services to you and how we may use such information.  

3.2. You acknowledge and agree that Adaptive will make available domain name registration information you provide, or that Adaptive otherwise maintains, to ICANN, the Registrar of record, the Registry and other third parties as required or permitted by ICANN and applicable laws.

3.3. You hereby give your explicit consent to the collection, use and disclosure of domain name registration information as set out in this Agreement, the TOS, our Privacy Policy. You hereby irrevocably waive any and all claims and causes of action you may have arising from such use or disclosure of information by Adaptive.

4. Domain Transfers (Registrar)

4.1. You can change the Registrar of record for an existing domain name in accordance with the transfer policy and requirements of the relevant Registry. Only the individual or entity listed as the registrant in the current domain name registration (“Domain Name Owner”) may initiate a request to transfer the domain to Adaptive. By purchasing domain transfer Services from us you hereby represent that you are the Domain Name Owner or that you have been duly authorized by the Domain Name Owner to initiate a transfer. 

4.2. The information required to initiate a domain name transfer will be collected on the Order. We may require that you provide additional documentation that proves the ownership of a domain before or after a transfer request is initiated. If the Registrar of record is being changed simultaneously with a trade of a domain name from one party to another, we may also request that you submit appropriate authorization for the transfer – i.e. a bilateral agreement between the parties, a final determination of a binding dispute resolution body, a court order, or other appropriate authorization.

4.3. Upon successful completion of the registrar transfer request, our Registrar shall immediately become the Registrar of record. 

4.4. You acknowledge and agree that any domain name transfer is subject to the terms and conditions set out by the respective Registry. Adaptive shall not be responsible for transferring domains that do not meet the requirements for transfer of the respective Registry.

5. ID Protect Services

5.1. If set out in your Order, and subject to availability, we will provide private domain name registration services to you (ID Protect). If we provide ID Protect services to you, you acknowledge and agree that the Service is extended to you as provided by the respective Registrar and Adaptive shall not be liable if your identity is mistakenly disclosed. 

5.2. By purchasing ID Protect Services from us you agree that (i) your use of the Services shall comply with the terms and conditions set out in the TOS; (ii) you are responsible for keeping your domain name contact information accurate and up to date; (ii) you must not use the Services in order to evade any legal, registry, ICANN or other requirement or regulation; (iii) you shall immediately respond to any notice we or the domain name Registrar may forward to you as a result of your use of ID Protect Services.

6. Customer Responsibility. Disputes

6.1. If you purchase domain name Services from Adaptive, the domain name shall be associated with your Customer Account and you shall be solely responsible for managing the domain in full compliance with this Agreement and the TOS, even if the domain is registered to or owned by a third party. 

6.2. Any dispute between you and any third party regarding a domain name must be resolved between the parties involved. Adaptive will neither be a party in a dispute, nor will facilitate dispute resolution. We reserve the right, upon becoming aware of a dispute and at our sole discretion, to either suspend or cancel the domain name, and/or make appropriate representations to the Registrar of record or the relevant Registry. You warrant and represent that to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used by you and/or any affiliate directly or indirectly infringes the legal rights of a third party. In any case, disputes for the ownership of domain names shall be governed by ICANN’s UDRP which is an integral part of this Agreement.

7. Free Domain Name Promotion

7.1 When purchasing an annual hosting plan with a free domain through Adaptive and you cancel within the first year, please note there is a non-refundable domain fee based on the regular cost of the domain, which can be found in your control panel, plus any applicable fees, for the domain name. The fee not only covers our own costs, but it ensures that, even if you are dissatisfied with your experience at Adaptive, you will not lose your domain name. Upon payment of the domain fee, you will be free to transfer it or simply point it elsewhere. Please note, however, that newly registered domains cannot be transferred to another registrar during the first 60 days of the registration period. If you elect to renew your domain name, you will retain ownership of the domain name until the end of its registration period.

This Domain Name Agreement is an integral part of the Adaptive Terms of Service and may be modified in accordance with the provisions set out in the TOS.

This Affiliate Program Terms of Service agreement (“Agreement”) is an agreement between Adaptive Web Hosting (“Adaptive”, “us”, “we”, “our”) and you (“Affiliate”, “Member”, “you”, “your”, “they”).

By clicking on the “signup” button at the end of the Adaptive Affiliate Program sign up form, you are affirmatively stating that you have read and understand the terms and conditions set forth herein and are indicating your acceptance of this Adaptive Affiliate Program Agreement and you agree to be bound by the terms hereof. You cannot become a member of the Adaptive Affiliate Program unless you have accepted each and every term hereof. Use of the Adaptive Affiliate Program constitutes acceptance of this Agreement.

Adaptive reserves the right to terminate this Agreement for any reason or no reason. Adaptive reserves the right to refuse acceptance to the Affiliate Program to anyone.

Affiliate Program Enrollment

To join the Adaptive Affiliate Program you must submit a completed Affiliate Program Application through our website. Although your Affiliate account will be instantly set up, we will evaluate your account in good faith to ensure that you comply with all our rules and agreements. We may reject any account if we determine that the site is unsuitable for our Affiliate Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in copyright infringement, or contain pornography (collectively, “Content Restrictions”).

Contact Information

As part of joining the Affiliate Program, you are required to provide us with accurate and up-to-date contact information, including valid PayPal information. We will communicate with you by e-mail about the Affiliate Program from time to time. You agree to provide us with an e-mail address that is active and monitored daily. Adaptive has no responsibility or liability for interruptions of any sort, based on communications that are misdirected because of your failure to provide us with valid contact information.

Taxes

For US Residents, it is your responsibility to provide Adaptive with the tax and payment information should you earn $600 or more in commissions. If Adaptive does not receive the necessary tax or payment information when requested then any Commission Fees requested will not be paid. In compliance with tax laws, Adaptive will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount warranting the Form 1099. You will be required to provide us with proper address, tax forms or information. You are responsible for the payment of all taxes related to the commissions you earn under this Agreement.

Program Changes

Adaptive may modify the content, terms and conditions, and commission rates of this Affiliate Program from time to time. Any change to this Affiliate Program will be effective immediately when posted to Adaptive website. This Agreement will be posted at: https://adaptivewebhosting.com/affiliate-term. We will notify Affiliates of any modifications either through e-mail and/or posting news in the Affiliate Manager. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Adaptive Affiliate Program, following our posting of a modification on our site, will constitute binding acceptance of the change.

Affiliate Sales Process

Affiliate can place hypertext links using banners or text using unique trackable links to refer users. Any sales generated by the trackable links will be credited to the Affiliate account. As a second method, the Affiliate can refer prospects through word of mouth and the user can enter in the Affiliate’s unique Affiliate ID into the Adaptive order form. As a third method, Affiliates can enter in their Affiliate ID when signing up additional sites through their web hosting control panel, if the Affiliate is also an Adaptive hosting customer.

PPC Marketing

In general, Affiliate can use Search Engine advertising or other Per-per-Click (PPC) advertising, such as Google AdWords, to drive Affiliate Sales.  Our branding and logo or website address cannot be used in your advertising.

Failure by you to abide by this will be deemed as a material breach of this Agreement by you and will immediately terminate this Agreement and any unclaimed commissions will be forfeited and be voided.

E-Mail, Forum, Blog and Social Media Marketing

You shall not engage in SPAM of any kind, including but not limited to e-mail, forums, blogs and social media. Failure by you to abide by this will be deemed as a material breach of this Agreement by you and will immediately terminate this Agreement and any unclaimed commissions will be forfeited and be voided.

Affiliate Sales

Affiliates understand that there will be an audit of all sales and not all sales may qualify as a referred sale. An Affiliate sale must submit a complete Adaptive order form and enter the Affiliate’s unique ID through the Adaptive website order form or through an Adaptive web hosting control panel, or the Affiliate sale must submit a complete order form after clicking a trackable Affiliate link. Affiliates understand that the Affiliate link will only track users who use a cookie-enabled web browser.

Furthermore, to count as a qualified Affiliate Sale, it must

• provide complete and accurate contact information to Adaptive
• not have been previously hosted at Adaptive
• not have been paid out as a qualified Affiliate Sale previously to any Affiliate (In other words, Adaptive does not pay out Affiliates twice for the same site)
• not have been cancelled previously for any policy violation, non-payment or chargeback
• be in good standing with Adaptive
• comply with all Adaptive web hosting Terms of Service
• be an active Adaptive customer, meaning they have uploaded content, with domain pointed to Adaptive and are using the Adaptive web hosting services
• must not be associated with any special promotional offers
• have signed up after the Affiliate joined the Affiliate program
• not have been referred by any deceptive method, including but not limited to domain speculation or forced iFrames, as determined in our sole discretion
• not be an attempt to cheat or defraud us in any way

Affiliate Compensation

Affiliate will receive a credit for each qualified referred site as follows:

• For each qualified Affiliate sale, Affiliate will receive credit as listed in Exhibit A below.
• Affiliate sale must be in good standing for more than 90 days to be eligible for commission payout

Affiliate Payments

Affiliate sales commissions will be available for payout only after the total aggregate eligible amount exceeds a threshold as defined in Exhibit A. Payments will be made to Affiliate through PayPal payment and web hosting credits. Payments will only be in US funds. Adaptive is not responsible for any third-party fees charged by PayPal or any other institution used to receive Affiliate commissions. The Affiliate must request commission payment through the Affiliate Manager. Affiliate will bear all taxes, duties, levies, and other similar charges and any related interest and penalties, however designated or imposed on them because of participation in the Agreement, including income, sales, or use taxes on profits which may be levied against Affiliate.

Disputes: Affiliate has access to Adaptive Affiliate Program statistics and activity and specifically agrees to file any tracking or commission disputes as well as any other disputes and discrepancies within 30 days after the sale or event that is disputed occurred. Disputes filed after 30 days of the date on which the Affiliate Sales occurred will not be accepted by Adaptive and Affiliate forfeits forever any rights to a potential claim.

Affiliate Payment Processing Schedule

Affiliate payments are processed on the 5th of every month after passing an audit by Adaptive staff. If the 5th of the month falls on a weekend or holiday, the payments are processed on the next non-holiday business day.

In our audit, should we find an unusually high occurrence of chargebacks or fraudulent sales among your Affiliate sales, Adaptive reserves the right to hold commission payments for a time period deemed necessary for further investigation. Should the conclusion of the investigation show an attempt to cheat, game or defraud, the Agreement will be terminated, and all commissions will be forfeited and voided.

Performance Based Program

Affiliates understand that the Adaptive Affiliate Program is performance based and rewards Affiliates that refer sales for quantity and frequency. As such, should any qualified Affiliate commission be unclaimed for 3 years, the credit will expire and be voided. If Affiliate does not log into the Affiliate Manager for over a year, then we will consider the Affiliate has terminated their participation in the Affiliate Program and any commissions will be forfeited and be voided.

Affiliate Manager

Adaptive provides all Affiliates with a web-based Affiliate Manager Control Panel located at https://cp.adaptiveebhosting.com/index.php?rp=/loginwhich includes Affiliate sales reports, Affiliate sales credit and payment status, payment request tool, marketing materials, trackable Affiliate link generator, traffic and marketing statistics, contact/PayPal/password editor, and more.

Obligations Regarding Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that are included on your site. You are responsible for ensuring that the materials posted on your site are accurate and do not violate or infringe upon any laws, or the rights of any third party, and are not libelous or otherwise illegal. Adaptive disclaims all liability and responsibility for such matters.

Affiliate acknowledges Adaptive’s rights to monitor Affiliate’s website from time to time or at any time to determine if Affiliate is in compliance with our terms.

FTC Endorsement Compliance

It is the intent of Adaptive to treat our affiliates fairly and to comply fully with all Federal Trade Commission regulations related to advertising. As such, we require our affiliates to comply with these regulations. This includes, but is not limited to, Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf), which requires, among other criteria, that material connections between advertisers and endorsers be disclosed. This means that directories, review/rating sites, blogs and other websites, email or collateral that purport to provide an endorsement or assessment of an advertiser (in this case Adaptive) must prominently disclose the fact financial or in-kind compensation is provided from the advertiser.

For more information and suggestions about how to comply with these guidelines, please visit “The FTC’s Revised Endorsement Guides: What People are Asking,” located at http://business.ftc.gov/documents/bus71-ftcs-revised-endorsemet-guideswhat-people-are-asking, and “Guides Concerning the Use of Endorsements and Testimonials in Advertising,” located at https://www.ftc.gov/sites/default/files/documents/one-stops/advertisement-endorsements/091005revisedendorsementguides.pdf.

Note that if you provide endorsements of some type as part of your affiliate activity, you should obtain legal advice on how the FTC guides apply to you. The FTC guides are not legal advice.

Adaptive reserves the right to withhold commission fees and cancel the affiliate relationship with you should we determine, at our discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations/guides we deem relevant.

License to Use Adaptive Logos and Trademarks

Adaptive grants Affiliate with a non-exclusive, non-transferable, revocable right to access Adaptive website through the trackable links in accordance with the terms of this Agreement and solely in connection with this Agreement. Adaptive trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of Adaptive. Affiliate may use the marketing materials provided in the Affiliate Manager for their website.

Independent Contractor

Adaptive and Affiliate are independent contractors. Nothing contained in the Agreement places Adaptive and Affiliate in the relationship of principal, agent, partner, sales representative or joint venture. Neither party may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party.

Termination for Violation

We reserve the right to immediately terminate this Agreement for a violation of any of our policies, including those incorporated by reference. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we decide to exercise these rights, and any unclaimed commissions will be forfeited and be voided.

Indemnification

You agree to indemnify and hold harmless Adaptive and our affiliates, and their officers, directors, agents, attorneys, and employees (“Adaptive Person”) from and against any and all claims, demands, obligations, liabilities, damages, losses, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys’ fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party’s actual or alleged infringement or misappropriation of a third party’s copyright, trade secret, patent, trademark, or other proprietary right.

Limitation of Liability

Affiliate agrees that no Adaptive Person, under any circumstances, shall be held responsible or liable for situations where the Affiliate system are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Adaptive at the time) which may exist in the Affiliate Program or Adaptive’s equipment used to provide the Program.

Under no circumstances, including negligence, shall any Adaptive Person be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data or use by Affiliate, any of its users, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Adaptive has been advised of the possibility of such damages.

No Adaptive Person shall be liable to Affiliate, any of its users, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Affiliate Program, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Adaptive’s records, programs, equipment, or services.

IN NO EVENT WILL ADAPTIVE’S LIABILITY IN CONNECTION WITH THE AFFILIATE PROGRAM, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED ZERO DOLLARS.

Affiliate understands, acknowledges, and agrees that if Adaptive takes any remedy action under this Agreement because of an action of Affiliate or its website users, Affiliate agrees that Adaptive shall have no liability to Affiliate due to such remedy action by Adaptive. Adaptive reserves the right to withhold affiliate commissions for any period of time and null/void the commissions for any reason.

The terms of this section shall survive any termination of this Agreement.

Disclaimers

Adaptive makes no express or implied warranties or representations with respect to the Affiliate Program or any Adaptive services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information related to Affiliate sales during an interruption.

Representations and Warranties

You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; that the execution, delivery and performance by you of this Agreement are within your legal capacity and power and does not conflict with any regulation or law to which you are subject or any other binding agreements; require the approval or consent of no other persons.

Should any law enforcement agency, court or internet service provider provide us with notice that you have engaged in transmission of unsolicited bulk e-mail or have otherwise engaged in unlawful conduct or conduct in violation of said service provider’s terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.

Assignment

This Agreement may be assigned by Adaptive. It may not be assigned by you. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

Governing Law and Jurisdiction

This Agreement shall be governed in all respects by Massachusetts law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in Massachusetts. The terms of this section shall survive any termination of this Agreement.