Mac & PC
Service

Terms & Conditions

Order, Acceptance and Service
1. When accepted by The Computer Domain, the order submitted by the customer creates a contract between the customer and The Computer Domain, consisting of the order, the applicable service description and these terms of service. An order is accepted by The Computer Domain when (i) with respect to the orders submitted online, The Computer Domain provisions services in response to the order or bills the customer for payment and (ii) with respect to orders reduced to writing and signed on an approved Computer Domain form, when an authorized representative of The Computer Domain executes and delivers such form signed by the customer
2. The Computer Domain will provide, and the customer will purchase and pay for, the services specified in the order for the service fees specified in the order and the applicable service description (the service fees).
3. In connection with any hosting services, the customer will not use storage space in excess of the storage limits established for the services in the service descriptions, plus any storage space purchased by the customer. If the customer uses storage space in excess of such amounts, The Computer Domain may, without limiting its other rights or remedies, assess the customer with additional fees.
4. In connection with hosting services, if the customer's actual bandwidth usage in any month exceeds the limit in the service description, the customer will pay The Computer Domain additional fees as may be specified in the service description.
5. Fees, Taxes and Payment The customer will pay The Computer Domain the service fees in the manner set forth in the order. The Computer Domain may increase the service fees (i) in the manner permitted in the service description and (ii) at any time on or after the expiration of the initial term by providing (10) days prior written notice thereof to the customer. The service fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the services or any software provided hereunder (excluding any tax on The Computer Domain's net income). All such taxes will be added to The Computer Domain's invoices for the service fees as separate charges to be paid by the customer. All fees are fully earned when due and non-refundable when paid. Unless otherwise specified, invoices for the service fees and related charges shall be due upon receipt. Any amounts payable to The Computer Domain not paid when due will bear interest at 1.5% per month or the maximum rate permitted by applicable law, whichever is less. If The Computer Domain collects any payment due at law or under advice of an attorney at law or through a collection agency, the customer will pay all costs of collection, including, without limitation, all court costs and reasonable attorney's fees. If any check is returned for insufficient funds, The Computer Domain may impose a processing charge of $25.00.
Term and Termination
1. Hosting services will commence on the effective date indicated in the order and continue for the duration of the initial term. Thereafter, the order will automatically renew for successive periods (i) of twelve months (with respect to non-prepaid plans) or (ii) as specified in the service description (with respect to prepaid plans) unless the order is earlier terminated in accordance with its terms, or either party gives written notice to the other party of non-renewal at least 30 days prior to the expiration of the current term.
2. Either party may terminate this Agreement immediately upon the occurrence of any one or more of the following events: (i) the other party fails to pay when due any amounts required to be paid under the Agreement; (ii) the other party breaches any material term or provision of this Agreement (other than a breach described in subsection (i) above), and if capable of cure, such breach remains uncured 30 days after the non-breaching party gives the written notice thereof to the breaching party; or (iii) the other party becomes insolvent, makes an assignment for the benefit of its creditors, institutes or becomes subject to any proceeding under any bankruptcy or similar laws for the relief of debtors, or seeks the appointment of, or becomes subject to the appoint of , any trustee or receiver for all or any portion of such party's assets.
3. The Computer Domain may terminate this Agreement (i) if the services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by the customer as much prior notice as reasonably practical or (ii) immediately by giving written notice to the customer, if The Computer Domain determines in good faith that the customers use of the customer website or the customer content violates the acceptable use policy.
4. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 3(d), 3(e), 4,8,10,11,13 and 14 of this Agreement shall survive the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which The Computer Domain may be entitled.
5. With respect to non-prepaid plans, upon the termination of this Agreement, the customer will pay the termination charge to the Computer Domain unless (i) The Computer Domain terminated the order under section 3(c) or (ii) the customer terminated the order under section 3(b). With respect to prepaid plans, the customer will pay the termination charge provided in the service description. The parties agree that the termination charge constitutes consideration of The Computer Domain's time, effort and expense in preparing and reserving the capacity to perform its obligations hereunder, as actual damages are difficult to ascertain. If the customer terminates the order in accordance with section 3(b) or if The Computer Domain terminates the order under sections 3(c)(i) or 12(c) The Computer Domain shall return to the customer, and the customer shall accept, as the customer's sole and exclusive remedy for the Computer Domain's breach of the order any service fees paid in advance by the customer hereunder attributable to services not yet rendered as of the date of termination.
6. Customer's Representations and Warranties The customer hereby represents and warrants to the Computer Domain, and agrees that during the term the customer will ensure that (i) the customer is the owner or valid licensee of the customer content and each element thereof, and the customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the customer content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by The Computer Domain to pay any fees, residuals, guild payments or other compensation of any kind o any person; (ii) the customer's use, publication and display of the customer content will not infringe on any copyright, patent, trademark, trade secret or other proprietary or intellectual property right or any person or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any moral right or similar right however denominated; (iii) the customer will comply with all applicable laws, rules and regulations regarding the customer content and the customer website and will use the customer website only for lawful purposes; and (iv) the customer has used its best efforts to ensure that the customer content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
7. License to The Computer Domain The customer hereby grants The Computer Domain a non-exclusive, royalty-free, worldwide right and license during the term to do the following to the extent necessary in the performance of services under the order: (i) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform, and hyperlink the customer content; and (ii) make archival or backup copies of the customer content and the customer website. Except for the rights expressly granted above, The Computer Domain is not acquiring any right, title or interest in or to the customer content, all of which shall remain solely with the customer.
8. The Computer Domain's Acceptable Use Policy The customer will abide by, and utilize the services and the customer website only in accordance with, the Acceptable Use Policy that The Computer Domain posts on its website; as such Acceptable Use Policy may be changed by The Computer Domain from time to time. The Acceptable Use Policy is hereby incorporated herein and made a part hereof by this reference. The customer shall impose the Acceptable Use Policy on its customers and end users to the extent necessary to ensure their compliance. The customer shall familiarize itself with the Acceptable Use Policy and periodically access The Computer Domain website to determine if any changes have been made thereto.
Customer's Responsibilities
1. The customer is solely responsible for the quality, performance and all other aspects of the customer content and the goods or services provided through the customer website.
2. The customer will cooperate full with The Computer Domain's performance of services. The customer must provide any equipment or software that may be necessary for the customer to use the services. Delays in the customer's performance of its obligations under this Agreement will extend the time for The Computer Domain's performance of its obligations that depend on the customer's performance on a day to day basis. The customer will notify The Computer Domain of any changes in mailing address, telephone, email or other contact information.
3. The customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the customer websites and any goods or services described therein, as well as any rules, terms or conditions of use.
4. The customer will provide The Computer Domain with a registered domain name for the customer website, or upon the customer's request and subject to the terms and conditions set forth below, The Computer Domain will register an internet domain name on behalf of the customer. The Computer Domain's registration of any domain name is subject to (i) The Computer Domain receiving from the customer all information needed in order to complete such registration, and (ii) such domain name is not in violation of any applicable law, rule or regulation or the policies of the applicable registration service. Registration of a domain name is subject to availability of such domain name for registration and The Computer Domain will not be responsible if a domain name is not available for any reason. The Computer Domain will also not be responsible for any infringement of third-party rights caused by its registration of a domain name for a customer. The customer waives any claims it may have against The Computer Domain for and hereby releases The Computer Domain of and from, any loss, damage, liability or expense arising out of, or relating to the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following termination of services by The Computer Domain for any reason. The customer will reimburse The Computer Domain for all costs and expenses incurred by The Computer Domain in registering or maintaining a domain name for the customer, including, without limitation, all fees charged by the applicable registrar. The customer acknowledges that its rights to any domain name registered by The Computer Domain are not being granted by The Computer Domain but are subject to the rules and regulations of the applicable registrar and applicable law. The customer agrees to be bound by the terms and policies of the applicable registrar and the policies of the national DNS registration authorities to which the customer becomes subject upon registration of the domain name. The customer's inability to use a domain name shall not entitle the customer to a refund by The Computer Domain of any fees paid with respect to the registration of such unusable domain name. The domain name for the customer website shall be the property of the customer.
5. Because the hosting services permit the customer to electronically transmit or upload content to the customer website, the customer shall be fully responsible for uploading all content to the customer website and supplementing, modifying and updating the customer website. The Computer Domain shall not be responsible for any damages to the customer content, the customer website or other damages or any malfunctions or service interruptions caused by any failure of the customer content or any aspect of the customer website to be compatible with the hardware and software used by The Computer Domain to provide the hosting services.
6. Unless the applicable service description provides otherwise, the customer is solely responsible for making backup copies of the customer website and customer content.
The Computer Domain Intellectual Property
1. The Computer Domain grants to the customer a non-exclusive, non-transferable, royalty=free license, exercisable solely during the term of this Agreement, to use applicable technology belonging to The Computer Domain for the purpose of accessing and using the services. The customer may not use The Computer Domain's technology for any purpose other than accessing and using the services. Except for the rights expressly granted above, this Agreement does not transfer from The Computer Domain to the customer any technology, and all rights, titles and interests in The Computer Domain technology shall remain solely with The Computer Domain. The customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of The Computer Domain's technology.
2. The Computer Domain's trademarks, trade names, service marks, logos, other names and marks and related product and service names, design marks and slogans are for the sole and exclusive property of The Computer Domain. The customer may not use any of the foregoing in any advertising publicity or in any other commercial manner without the prior written consent of The Computer Domain. The Computer Domain shall maintain and control ownership of all internet protocol numbers and addresses that may be assigned by The Computer Domain to the customer. The Computer Domain may, in its sole discretion, change or remove any and all such internet protocol numbers and addresses.
3. Any feedback, data, answers, questions, comments, suggestions, ideas or the like which the customer sends to The Computer Domain relating to the services will be treated as being non-confidential and non-proprietary. The Computer Domain use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
Limited Warranty
1. The Computer Domain represents and warrants to the customer that the services will be performed (i) in a manner consistent with industry standards reasonably applicable to the performance thereof; (ii) at least at the same level of service as provided by The Computer Domain generally to its other customers for the same services; and (iii) in compliance in all material respects with the applicable service descriptions. The customer will be deemed to have accepted such services unless the customer notifies The Computer Domain immediately of any breach of the foregoing warranties. The customer's sole and exclusive remedy and The Computer Domain sole obligation, for breach of the foregoing warranties shall be for The Computer Domain, at its opinion, to re-perform the defective services at no cost to the customer, or, in the even of interruptions to the services caused by a breach of the foregoing warranties, issue the customer a credit in an amount equal to the current service fee.
2. The foregoing warranties shall not apply to performance issues or defects in the services (i_) caused by factors outside of The Computer Domain's reasonable control; (ii) that resulted from any actions or inactions of the customer or any third-parties; or (iii) that resulted from the customer's equipment or any third-party equipment not within the sole control of The Computer Domain.
3. Except as expressly provided in this section 9, The Computer Domain makes no representations or warranties of any kind, express or implied, with respect to the services or any software provided under this Agreement, including, without limitation, any warranty of merchantability, fitness for a purpose, title or non-infringement of third-party rights, and The Computer Domain hereby expressly disclaims the same, without limiting the foregoing, any third-party software provided to the customer hereunder is provided as is without any condition of warranty whatsoever. The Computer Domain does not warrant that the services will be uninterrupted, error-free or completely secure.
Limitation of Liability
1. In no event will The Computer Domain's liability in connection with the services, any software provided hereunder or any order, whether caused by failure to deliver, non-performance, defects, breach of warranty or otherwise, exceed the aggregate service fees paid to The Computer Domain by the customer during the 12-month period immediately preceding the event giving rise to such liability.
2. The Computer Domain cannot guarantee continuous service, service at any particular time, integrity of data, information or content stored or transmitted via the internet. The Computer Domain will not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of data, information or content transmitted, received or stored on its systems.
3. Except as expressly provided below, neither party shall be liable in any way to the other party or any other person for any lost profits or revenues, loss of use, loss of data or cost of procurement of substitute goods, licenses or services or similar economic loss, or for any punitive, indirect, special incidental, consequential or similar damages of any nature whether foreseeable or not, under any warranty or other right hereunder, arising out of or in connection with the performance or non-performance of any order, or (except as provided in sections 11 and 12) for any claim against the other party by a third-party, regardless of whether it has been advised of the possibility of such claim or damages
4. The limitations contained in this section 10 apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in section 10(c) shall not apply to liability arising on account of a party's breach of section 13 or to the customer's indemnification obligations under section 11.
5. Indemnification of The Computer Domain The customer shall defend, indemnify and hold harmless The Computer Domain, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively The Computer Domain Indemnities) from and against any and all losses, damages, costs, liabilities and expenses (including without limitation, amounts paid in settlement and reasonable attorney's fees) which any of The Computer Domain Indemnities may suffer, incur or sustain resulting from or arising out of (i) the customer's breach of any representation, warranty, or covenant contained in the Agreement, (ii) the customer content, the customer website or any end user's use of the customer content or the customer website, (iii) violation by the customer or any of its officers, directors, employees or agents of the acceptable use policy or any applicable law, (iv) claims or actions of third-parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of the customer's domain names, the customer website, the customer content, or the use of the services in combination with hardware, software or content not provided by The Computer Domain, (v) claims or actions by third-parties relating to or arising out of the customer's use of the services, and (vi) any failure of the customer content or any aspect of the customer web site to be compatible with the hardware of software used by The Computer Domain to provide the services including any damage to The Computer Domain servers or other hardware caused thereby.
Indemnification of the Customer
1. Subject to section 10, The Computer Domain shall at its own expense, indemnify, defend and hold the customer harmless from any claim or suit alleging that the services infringe any United States patent, copyright or trademark existing on the effective date, or that The Computer Domain has knowingly misappropriated any trade secret or other intellectual property right of any other person, including any losses, damages or expenses arising from any such claim or suit. The customer agrees to cooperate with and assist The Computer Domain in the defense or settlement of any such claim or suit. The customer shall be reimbursed for all reasonable out-of-pocket expenses incurred in providing any cooperation or assistance requested by The Computer Domain, but The Computer Domain will not be liable for any costs or expenses incurred without its prior written authorization.
2. Promptly after the receipt by the customer of a threat of any claim or suit, or a notice of the commencement or filing of any claim or suit, against which the customer may be indemnified hereunder, the customer shall give written notice thereof to The Computer Domain, provided that failure to give or delay in giving such notice to The Computer Domain shall not relieve The Computer Domain of any liability it may have to the customer hereunder, except to the extent that the defense of such claim or suit is prejudiced thereby. The Computer Domain shall have sole control of the defense and of all negotiations for settlement, of such claim or suit. Subject to the foregoing, the customer may participate in the defense of any such claim or suit at the customer's own expense.
3. If an injunction, decree or judgment is, or The Computer Domain believes in its sole discretion is likely to be, entered providing that the customer may not use the services as contemplated in the Agreement without violating the intellectual property rights of a third-party, The Computer Domain may, at its sole option and expense, either (i) procure for the customer the right to use the services or affected part thereof as provided in this Agreement, (ii) replace the services or affected part thereof with other non-infringing services or modify the services or affected part thereof so as to be non-infringing; or (iii) terminate this Agreement upon written notice to the customer
4. Notwithstanding section 12(a), The Computer Domain assumes no liability for infringement claims arising from (i) use of services with third-party products or services where the third-party products or services cause the infringement, (ii) any modification of the services not authorized by The Computer Domain in writing, (iii) the customer content, the customer website or any content, data or information provided or supplied by an end user, or (iv) the customer's use of any third-party software provided hereunder. The forgoing defense and indemnification provisions state the entire liability and obligation of The Computer Domain and the exclusive remedy of the customer with respect to any actual or alleged infringement of any intellectual property right by the services provided hereunder.
- Confidentiality: Non Solicitation
  1. Each party will not, without prior written consent of the other party, use or disclose to any person any proprietary information of the other party disclosed or made available to it, except for use of such proprietary information as required in connection with the performance of its obligations or use of the service hereunder. Subject to section 13 (b), each party will (i) treat the proprietary information of the other party as secret and confidential, (ii) limit access to the proprietary information of the party to those of its employees who require it in order to effectuate the purposes of this Agreement, and (iii) not disclose the proprietary information of the other party to any other person without prior written consent of the other party.
  2. Notwithstanding section 13(a), the following shall not be considered proprietary information: (i) any information that the receiving party can demonstrate by written documentation was within its legitimate possession prior to the time of disclosure by the disclosing party; (ii) any information that was in the public domain prior to disclosure by the disclosing party as evidenced by documents that were published prior to such disclosure, (iii) any information that, after disclosure by the disclosing party, comes into the public domain through no fault of the receiving party, (iv) any information that is disclosed to the receiving party without restriction by a third-party who has legitimate possession thereof and the legal right to make such disclosure, or (v) any information that, two years after expiration or termination of this Agreement, does not constitute a trade secret under applicable la
  3. Each party acknowledges that disclosure of any aspect of the proprietary information of the other party shall immediately give rise to continuing irreparable injury to the other party inadequately compensable in damages at law, and without prejudice to any other remedy available to the other party, shall entitle the other party to injunctive or other equitable relief. Upon expiration or termination of this Agreement for any reason, each party shall promptly return to the other party all proprietary information of the other party (including all copies thereof) in its possession or control.
  4. During the term of this Agreement and for two years following expiration or termination of this Agreement, the customer will not directly or indirectly, solicit or recruit the services of any employee of The Computer Domain performing services under this Agreement, while such employee is employed by The Computer Domain and for a period of six month after such employee has left the employment of The Computer Domain.
- Optional Services
  1. The customer must provide The Computer Domain with any information, login identifications, passwords or other information or access to facilities that The Computer Domain may reasonably require to provide the optional services. The Computer Domain will have no responsibility for any delays or increased costs or expenses associated with the customer failure to provide any of such information. If the customer does not provide any such information or access requested by The Computer Domain within fifteen days of The Computer Domain's request therefore, The Computer Domain may terminate the order and retain any service fees paid.
  2. If the customer requested that The Computer Domain perform optional services by a particular deadline or that The Computer Domain achieve some particular result or outcome, The Computer Domain will use commercially reasonable best efforts to perform the services by any such deadline and achieve the result requested by the customer, provided, however that (i) The Computer Domain's ability to perform the service is subject to the customer's provision of information and access as provided above and (ii) The Computer Domain has no liability or obligation to complete the services by any deadline or achieve any particular outcome.
  3. If the customer wishes to convey documents or files to The Computer Domain, the customer should deliver a copy or duplicate of such documents or files and not the original copy.
- Miscellaneous
  1. Independent Contractor The Computer Domain and the customer are independent contractors and nothing contained in this Agreement places The Computer Domain and the customer in the relationship of principal agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
  2. Governing Law: Jurisdiction The validity and effect of this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Massachusetts, without regard to its conflicts of laws principles. The United Nations Convention on Contracts for International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this Agreement must be brought in a Massachusetts State or Federal Court, and each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts wherefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any such objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
  3. Mandatory Arbitration Notwithstanding section 15(b) above, each party agrees that any dispute between the parties arising out of this Agreement or in any manner relating to the services must be submitted by the parties to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association before a single arbitrator, appointed in accordance with such rules, who shall render a reasoned opinion. Judgment upon the award may be entered in any court having jurisdiction thereof. Any such arbitration will be held in Boston, Massachusetts. Any action filed by either party in any court in violation of this section should be dismissed pursuant to this section.
  4. Headings The headings herein are for convenience only and are not part of this Agreement.
  5. Entire Agreement: Amendments This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the articles with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of the customer to The Computer Domain, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of the customer and The Computer Domain. This Agreement may not be modified or amended except by another Agreement in writing executed by the parties hereto, provided however, that these terms of service may be modified from time to time by The Computer Domain in its sole discretion, which modifications will be effective upon posting to The Computer Domain website.
  6. Severability All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
  7. Notices All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of deliver if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties' signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Shared customers may give, and be given, notice by electronic means in certain circumstances as provided in the service description.
  8. Waiver No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by an party preclude any other or further exercise thereof or the exercise of any other right or remedy.
  9. Assignment of Successors The customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, without prior written consent of The Computer Domain. Any attempted assignment in violation of the foregoing provision shall be null and void and no force or affect whatsoever. The Computer Domain may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without consent of the customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
  10. Limitation of Actions No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
  11. Counterparts If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, The Computer Domain's records of such execution shall be presumed accurate unless proven otherwise.
  12. Neither party is liable for any default or delay in performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, interruptions of transportation or communications, supply shortages or the failure of any third-party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
  13. No Third-Party Beneficiaries Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, the customer acknowledges and agrees that Microsoft, and any third-party supplier that is identified as a third-party beneficiary in the service description is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against the customer as if it were a part of this Agreement.
  14. Government Regulations The customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside of the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction the customer operates or does business.
  15. Marketing The customer agrees that during the term of this Agreement The Computer Domain may publicly refer to the customer, orally and in writing, as a customer of The Computer Domain. Any other public reference to the customer by The Computer Domain requires the written consent of the customer.
  16. Definitions For purposes of this Agreement, the following terms have the meanings specified below:
  17. Agreement means each contract created between The Computer Domain and the customer for the provision of service consisting of an order, the applicable service description and these terms of service.
  18. Customer Content means all data, graphics, text, names, marks, logos, hypertext links to other websites and other information incorporated in, transmitted through or published or displayed on the customer website.
  19. Customer Website means the customer's site on the World Wide Web portion of the internet that The Computer Domain hosts under this Agreement.
  20. End User means any person who accesses or uses the customer website via the internet.
  21. The Computer Domain Technology means The Computer Domain's proprietary technology, including without limitation, The Computer Domain services, software tools, hardware designs, algorithms, software (in source code and object code forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned The Computer Domain or licensed to The Computer Domain from a third-party), and also including any derivatives, improvements, enhancements, updates, modifications or extensions of The Computer Domain conceived, reduced to practice or developed during the term of this Agreement by either party.
  22. Person means any individual, partnership, joint venture, corporation, limited liability company, trust, unincorporated association or organization, or government or any agency or political subdivision thereof.
  23. Proprietary Information means all technical, business and other information of a party (i) that is not generally known to the public, (ii) that derives value, economic and otherwise, from not being generally known to the public or to other persons who can obtain value from its disclosure or use, and (iii) which information is subject to efforts that are reasonable under the circumstances to maintain the secrecy thereof.
  24. Order means that order submitted by the customer to The Computer Domain for services, whether such order is submitted online through The Computer Domain's website or on a written order form.
  25. Prepaid Plan means service provided by The Computer Domain to the customer where the order provides that the customer must pay for the hosting service in advance for the initial term.
  26. Non-Prepaid Plan means any service provided by The Computer Domain to the customer that is not a prepaid plan.
  27. Termination Charge means, with respect to non-prepaid customers only, as of any date of calculation, an amount equal to one hundred percent (100%) of the fees that would become due over the balance of the ten-current term.
  28. Terms of Service means these terms of service, as the same may be modified, altered or amended from time to time by The Computer Domain.
  29. Service means either hosting service or optional service.
  30. Hosting Service means the service provided by The Computer Domain in response to an order whereby The Computer Domain provides the customer with specified connectivity, storage space and bandwidth for the hosting of a customer website as more particularly described in the applicable service description.
  31. Optional Service means any addition service (other than hosting) that The Computer Domain may provide in response to an order, as more particularly described in the applicable service description.
  32. Service Description means the applicable documents made available by The Computer Domain to the customer to describe the applicable services at the time that the order is accepted by The Computer Domain.
  33. Term means the duration of any Agreement between The Computer Domain and the customer. With respect to hosting services, the initial term is the initial term specified in the order and the renewal term is the period of time beginning on the expiration of the initial term and ending on the termination of expiration of the order in accordance with its terms. With respect to optional services, the term begins when The Computer Domain accepts the order and ends on the first to occur of (i) The Computer Domain's completion of performance, or (ii) the earlier termination of the order in any manner permitted by these terms of service.

Domain Name Registration Terms and Conditions

Domain Name Services This document describes the rights and obligations of The Computer Domain and the customer in connection with The Computer Domain's registration of domain names on behalf of the customer.

Domain Registration Upon the customer's request and subject to the terms and conditions set forth below, The Computer Domain will register an internet domain name on behalf of the customer with a registrar approved by ICANN.
Customer Responsibilities The Computer Domain's registration of any domain name is subject to (i) The Computer Domain receiving from the customer all information needed in order to complete such registration, and (ii) such domain name not being in violation of any applicable law, rule or regulation or the policies of the applicable registration service. Registration of a domain name is subject to availability of such domain name for registration, and The Computer Domain will not be responsible if a domain name is not available for any reason. The Computer Domain will also not be responsible for any infringement of third-party rights caused by its registration of a domain name for the customer. The customer waives any claims it may have against The Computer Domain for, and hereby releases The Computer Domain of and from, any loss, damage, liability, or expense arising out of, or relating to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of services by The Computer Domain for any reason.
ICANN and Other Authority The customer acknowledges that its rights to any domain name registered by The Computer Domain are not being granted by The Computer Domain but are subject to the rules and regulations of ICANN, the applicable registrar and applicable law. The customer agrees to be bound by the terms of the applicable registrar's then current domain name policies and the policies of the national DNS registration authorities to which the customer becomes subject upon registration of the domain name. The customer's inability to use a domain name shall not entitle the customer to a refund by The Computer Domain of any fees paid with respect to the registration of such unusable domain name. The domain name for the customer website shall be the property of the customer.
Domain Name Renewals If the customer requests that The Computer Domain renew for multiple years a prior registration of the customer for a domain name, the customer represents and warranties that all information provided to The Computer Domain in connection with such request will be true and correct. The Computer Domain's sole responsibility in connection with any such request will be to process the renewal using the renewal mechanism provided by the registrar. The Computer Domain will have no responsibility or liability for any loss, interruption in service, service error or loss of data caused by the registrar. If the customer requests that The Computer Domain renew a prior registration of the customer for a domain name with a different registrar than held the prior registration, the customer agrees that it will designate The Computer Domain as the billing contact and be subject to all of the terms and conditions of such different registrar.
Applicable Registrar The Computer Domain will process any domain name registrations or domain name renewals through its preferred registrar.