Terms and Conditions
Terms Of Service / Acceptable Use Policy
As a client of Serverfellows (a GOZOOP ONLINE brand), you agree to be bound to the terms below. Please read the agreement patiently and carefully.
Agreement Between Serverfellows & Customer – This agreement represents the complete agreement and understanding between Serverfellows (hereinafter referred to as the service provider or Serverfellows) and the account holder (hereinafter referred to as the customer/client) and supersedes any other written or oral agreement. Upon notice published online via Serverfellows’ services, Serverfellows may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered without prior consent of existing or prospective customers.
This agreement consists of 5 sections:
- The General sectionwhich is applicable to ALL Serverfellows clients.
- The section with the .ae Domain Administration’s Terms and Conditions.This is applicable only for .ae domain registration clients
- A template copy of The Domain Name License for all .ae Domainsthat you will agree to upon registering your .ae domain.
- Serverfellows’s Cancellation Policy for Domain Registration.This is applicable for all Domain registration clients, not just .ae domains.
- A copy of The Warranty for all .ae Domains
- General Terms Of Service
1.1 Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domains you are signing up under. Incase of payments through Paypal or credit card, your account will be instantly activated.
No services provided by Serverfellows may be used for unlawful or unacceptable purposes.
Examples of unacceptable material, include but are not limited to:
- IRC Bots
- Sites offending the law of United Arab Emirates (directly & indirectly)
- Pirated Software
- Hate sites, racism
- Hack programs and archives
- Any type of pornography
- Trade secrets, copyrighted materials
- Illegal content, drugs, etc
Please contact us if you are unsure about the content of your site before signing up.
- Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double optin” will be treated as spam. Any user who sends out spam will have their account terminated without notice.
We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.
3.1 Strict Policy: We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee.
If an account has been terminated & the client has re-signup to our services the account will be immediately terminated with no fees refunded and/or legal actions taken.
3.2 Protection: We at Serverfellows are very strict against spam. We will take maximum measures to ensure no spam & protect our servers to avoid IP Blacklisting.
- Payment Information
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify Serverfellows of your desire to cancel any or all services received, those services will be billed on a recurring basis.
We reserve the right to change the monthly payment amount and any other charges at anytime.
4.1 Payment methods: For our UAE clients we accept secure credit card payments & offline methods. International clients have a choice of PayPal, secure credit card payments and wire transfer.
4.2 Renewals & suspensions: You will receive email reminders before the end of the billing cycle as a reminder to renew or cancel your services. These reminders will be sent to you 30, 15, 7 and 1 day prior to payment due date. If a service is unpaid prior to the expiry date, it will be automatically suspended. In the case of domain names it will be lost. If the service is still unpaid for the next 60 days, the account will be deleted & all data lost. It is your sole responsibility to renew, pay and/or cancel the services purchased from Serverfellows.
- Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
5.1 Back Up Terms: We perform data backups of ALL accounts on weekly bases. We are not responsible for damaged backups, missing files, database & file corruptions during the backup/restore process.
5.2 Customer’s responsibility: We advise all our customers to keep backups & copies of their websites. It is the customer’s duty to ensure data backups of their websites.
- Cancellation and Refunds
We reserve the right to cancel the account at any time if the site was found to violate any of our terms of service. A client may cancel his account anytime, but a refund can be only obtained in the first 30 days of the service subscription. No refund can be obtained for domain name registrations.
6.1 Paid & pending orders: Any order that has been paid but for which the necessary documentation (ex: business license, ID documents. etc.) has not been provided, will be cancelled within 60 calendar days after the payment and no refunds will be permitted.
- Resource Usage [applicable for hosting clients only]
Users may not initiate the following:
- Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network. Such accounts will be immediately suspended until the customer removes the offending content.
- Unlimited Web Hosting [applicable for hosting clients only]
As described, we offer unlimited web space and monthly data transfer for all clients. However there is a fair use policy in effect. This is due to the fact that there are other clients on the same shared web hosting environment. We strive to offer equal and highest quality services to all our clients at Serverfellows.ae. Therefore the fair use policy involves you as a valued client to make sure that you do not violate the following:
- Use the service in good faith for hosting of your personal or small to medium business pages and content.
- It is strictly prohibited to use our services for file hosting/storage/sharing services that consume many resources.
- Terms # 7 above is applicable
- Price Change
We reserve the right to change the prices listed on our site. Additionally we reserve the right to increase or decrease the amount of resources given to plans at any time. Current clients will not be affected until the next billing cycle.
As a customer, your email address will be automatically added to our service mailing list. Only service announcement, updates information & greetings will be sent.
Customer may not use our telephone hotline for technical support, it is strictly for sales purposes. Customer agrees to obtain technical support and other issues by using our email support ticket system.
Customer is responsible to check the email address account provided during sign up for our service emails, invoices, suspensions and renewals. We are not responsible for undelivered emails or emails trapped in spam boxes.
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with us;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customers from Serverfellows’s solutions & services.
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
11. Changes to the Terms of Service
We reserve the right to revise these policies at any time without notice.
The .ae Domain Administration Terms and Conditions
1. Registrar’s agency
The Registrar agrees and covenants to act as an agent for the .aeDA for the sole purpose, but only to the extent necessary, to enable the .aeDA to receive the benefit of rights and covenants conferred to them under this Registrant Agreement.
- Registration of Domain Names
2.1 A Domain Name Application must be in the form prescribed under the .aeDA Policies. The Domain Name must comply with the .aeDA Policies.
2.2 The Registrar and the Registrant do not have any proprietary right arising from:
2.2.1 the Registered Name; or 2.2.2 the entry of a Domain Name in the Registry Database.
2.3 All personal information pertaining to the Registrant is held by the .aeDA for the benefit of the public of the UAE.
- Registrant information
The Registrant grants to:
3.1 the .aeDA, the right to publicly disclose to third parties, all information relating to the Registered Names in accordance with the .aeDA Policies which are available on the .aeDA’s website;
3.2 the Registrar, the right to disclose to the .aeDA Registry, all information which is reasonably required by the .aeDA Registry in order to Register the Domain Name in the Registry; and
3.3 the .aeDA Registry, the right to publicly disclose to third parties, all information relating to the Registered Name to enable the .aeDA Registry to maintain a public WhoIs service, provided that such disclosure is consistent with all relevant .aeDA Policies.
- Change of Registrar
4.1 The Registrar must ensure that the Registrant can easily transfer Sponsorship of the Registered Names the subject of this Agreement to another Registrar in accordance with the .aeDA Policies. The .aeDA Policies include, but are not limited to, such matters as:
4.1.1 the maximum fees chargeable by the Registrar;
4.1.2 when fees are not chargeable by the Registrar;
4.1.3 the circumstances pursuant to which the Registrar must transfer the Sponsorship of the Registered Names the subject of this Agreement; and 4.1.4 the circumstances pursuant to which the Registrar does not have to transfer the Sponsorship of the Registered Name the subject of this Agreement.
4.2 In the event that:
4.2.1 the Registrar is no longer a Registrar; or
4.2.2 the Registrar’s Accreditation is suspended or terminated; or
4.2.3 the Registry-Registrar Agreement (RRA) is terminated by .aeDA, the Registrant is responsible for transferring the Registered Domain Name the subject of this Agreement to a new Registrar in accordance with the .aeDA. Policies within 30 Calendar Days of written notice being provided to the Registrant by the .aeDA.
In the event that the Registrar-Registry Agreement (RRA) between the .aeDA and the Registrar is terminated, the Registrar must not charge the Registrant any fee for the transfer of the Registered Domain Name the subject of this Agreement to another Registrar.
- Registrar’s obligations
5.1 The Registrar must immediately give written notice to the Registrant if:
5.1.1 the Registrar is no longer a Registrar; or 5.1.2 the Registrar’s Accreditation is suspended or terminated; or 5.1. the Registry-Registrar Agreement (RRA) is terminated by the .aeDA.
5.2 The .aeDA may post notice of: 5.2.1 the fact that the Registrar is no longer a Registrar;
5.2.2 the suspension or termination of a Registrar’s Accreditation; or
5.2.3 the termination of the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar on its web site and may, if it considers appropriate, give such written notice specifically to the Registrant.
- Registrant’s obligations
6.1 Throughout the Term of the Registrant Agreement, the Registrant must:
6.1.1 comply with the .aeDA Policies; and 6.1.2 give notice to the .aeDA Registry, through the Registrar, of any change to any information in the Registrant Data.
6.2 The Registrant must not, directly or indirectly, through Registration or use of its Domain Name or otherwise:
6.2.1 Register a Domain Name for the purpose of diverting trade from another business or web site;
6.2.2 deliberately Register misspellings of another entity’s company or brand name in order to trade on the reputation of another entity’s goodwill; and
6.2.3 Register a Domain Name and then passively hold a Domain Name Licence for the purpose of preventing another Registrant from Registering it.
6.3 The Registrant must not in any way:
6.3.1 transfer or purport to transfer a proprietary right in any Domain Name Registration;
6.3.2 grant or purport to grant a Registered Domain Name as security; or 6.3.3 encumber or purport to encumber a Domain Name Registration.
6.4 The Registrant will, immediately upon being requested to do so, enter into Domain Name Licence with the .aeDA.
- Dispute resolution
7.1. The .aeDA currently has in place a dispute resolution policy called aeDRP (the .ae Dispute Resolution Policy) between the Registrant and a third party, in relation to entitlements to the Registered Domain Name the subject of this Agreement. The parties agree that the aeDRP binds the Registrar and the Registrant as if it were incorporated in the Registrant Agreement
- Registrant Warranties
8.1 The Registrant Warrants that it meets, and continues to meet, the Eligibility criteria prescribed in the .aeDA Policies relating to the Registering of a Domain Name. In the event that the Registrant ceases to meet such Eligibility criteria, the Domain Name Licence may be terminated by either the Registrar or the.aeDA.
8.2 The Registrant makes the warranties set out in Registrant Warranties Policy (and any other Policy introduced in substitution, replacement or amendment to that Policy by the Registrar). The warranties include, without limitation, that all information supplied to the Registrar for the Registration of the Domain Name the subject of this Agreement is true, complete and correct. The Registrant accepts that the .aeDA or the Registrar shall cancel the Registration of the Domain Name the subject of this Rgreement if any of the warranties are not true.
8.3 The Registrant Warrants that it has not previously submitted a Domain Name which is the same as the Domain Name the subject of this Agreement for Registration with another Registrar where:
8.3.1 the Registrant is relying upon the same Eligibility criteria for both Domain Names; and
8.3.2 the Domain Name has previously been rejected by the other Registrar.
9.1 The Registrant shall not pursue any claim against the .aeDA for anything arising out of this Agreement or related to the Domain name the subject of this agreement, and the .aeDA is not liable for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third party damages arising from any breach by the Registrar of its obligations under the Registrant Agreement or the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar.
9.2 The Registrant acknowledges and agrees that if the Registrar has any outstanding fees owing to the .aeDA, entitling the .aeDA to terminate the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar, the .aeDA may in its sole discretion terminate the Registry-Registrar Agreement (RRA).
9.3 The Registrant agrees that the .aeDA is not responsible for the use of any Domain Name in the Registry database and that the .aeDA is not responsible in any way for any conflict or dispute with or any actual or threatened claim against a Registrar or Registrant, including one relating to a registered or unregistered trademark, a corporate, business or other trade name, rights relating to a name or other identifying indicia or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.
9.4 Notwithstanding any other provision of this Agreement and to the fullest extent permitted by law, the .aeDA will not be liable to the Registrant for consequential, indirect or special losses or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Registrant as a result of any act or omission whatsoever of the .aeDA, its employees, agents or subcontractors.
- The Domain Name License for all .ae DomainsCERTIFICATE OF REGISTRATION AND DOMAIN NAME LICENCE (the “Agreement”)This Agreement governs the terms by the TRA (“We”) grant to (“You”) the exclusive right to use the (insert the Domain Name(s)) Domain Name(s) (the “Domain Name”) in respect of the Domain Name System for the period indicated in this Agreement, and once signed or executed by both of us, or both of us have otherwise indicated our intention to be bound by it, it will also serve as the Certificate of Registration in Your favour of all Domain Names covered by it.
All the terms of the Registrant Agreement, the Warranties, and all .ae DA Policies are incorporated into this Agreement by reference.
By Registering this Domain Name You have signified Your acceptance of this Agreement. You have accepted this Agreement either for:
- a) Yourself, in which case You will be the Registrant as that terms is used in all .aeDA Policies, and hereby agree to be bound by its provisions; or
b) on behalf of another person or entity such as Your employer. In this case that other person or entity will be the Registrant, and agree to be bound by its provisions.
If You have accepted this Agreement on behalf of Your employer or another entity that is to be the Registrant, You hereby represent and warrant that You have full legal authority to bind such other person or entity to the terms of this Agreement, and that You are acting as agent for that other person or entity for the purpose of entering into this Agreement on that other person or entities behalf, and it is within Your express authority as agent to do. If You do not have such authority or You do not accept or agree with these terms, do not accept the Agreement.
1 Definitions and Interpretations
1.1 Subject to Section
1.2, for the purposes of this Agreement, unless the context otherwise requires or unless otherwise defined in this Agreement, terms used in this Agreement shall have the same meaning as those terms when used in the Registrant Agreement.
1.2 Notwithstanding Section
1.1, the following terms shall have the following meanings unless the context indicates otherwise:
“.aeDA Policies” means the policies, procedures, guidelines, directions, notices, regulations, decisions, directives issued and made publicly available by the .aeDA from time to time and as may be modified or amended from time to time and each one is a “Policy”; Registry-Registrar Agreement the “Domain Name Licence Period” means from (insert the date that the Domain Name is Registered or Renewed) to the (insert the date that the Domain Name Licence Expires); the “Registrant Agreement” means the agreement to be entered into between You and the Registrar with respect to, inter alia the provision of Registrar Services to You;
the “Registrar” means (insert the name of the Registrar);
the “Warranties” means the .aeDA Policy entitled the Registrant Warranties Policy; and “You” means both the person who or entity which executes this Agreement and the Registrant, including where the person who, or entity which executes this Agreement, does so as agent for another person or entity.
1.3 Except where the context otherwise requires, the following principles will apply in interpreting the terms of this Agreement:
- words importing the masculine, feminine or neuter gender include any of them, and the singular includes the plural and vice versa;
- clause or section headings are for ease of reference only and do not affect the meaning of this Agreement;
- references to notice mean notice in writing;
- the Schedules and any appendices or annexures form part of this Agreement;
- a reference to a Party includes its executors, administrators, successors and permitted assigns;
- words and expressions importing natural persons include partnerships, bodies corporate, associations, governments, governmental and local authorities and agencies; and
- the defined terms “We”, “Ours”, “Us” and “You” include all pronouns and adjectives.
2 Agreement Terms
2.1 Subject to Section
2.2 We hereby grant to You a licence to use the Domain Name as Registered in the .aeDA Registry Database for the purposes directly associated with the operation of a website or associated resources and the Domain Name System, but the .aeDA does not hereby grant You any other intellectual property rights in the Domain Name.
2.2 It is condition of this Agreement and the licence We grant to You under it, that You fully comply with its terms and those of the Registrant Agreement, the Warranties, and all applicable .aeDA Policies.
3 Term of Agreement
3.1 This Agreement is effective until the Domain Name Licence Period has expired, or it is terminated by Us in accordance with Section 3.2.
3.2 We may terminate this Agreement and the licence We grant to You under it without notice or liability to You in the event that You breach any term of it, any term of the Registrant Agreement, any Warranty, or any relevant .aeDA Policy.
4 Exclusion of Liability and indemnity
4.1 We shall not be held liable to You, and You expressly waive any liability of Us to You whether arising directly or indirectly in contract, tort, or on any other basis for any matter arising out of the Registrant Agreement, the Warranties, any. aeDA Policies, the actions or omissions of any Registrar, any Reseller, or any other third party, or Your use of the Domain Name.
4.2 We make no representations to You regarding the Domain Name or Your use of it, or the rights of any third party in it. You expressly waive any liability of that We may incur arising out of Your use of the Domain Name.
4.3 You warrant to Us that Your use of the Domain Name will not in any way infringe the rights of any third party and You fully indemnify Us for any liability, loss or damage We suffer as result of Your use of the Domain Name.
- Serverfellows’s Cancellation Policy for .AE Domain RegistrationIf a request from a Registrant for Deletion of a Domain Name is made less than or equal to three (3) Calendar Days after the creation of the Domain Name, then the original Grace Period applies and:
- the Domain Name is ‘Cancelled’.
- any Domain Name Server Records for the Domain Name are removed from the DNS Service; and
- The registrant may request a full refund, less AED 50 administration fee.
- The Warranty for all .ae DomainsBy submitting this Application for a Domain Name, you hereby confirm that you are Eligible to hold the Domain Name set out in this Application, and that all information provided in this Application is true, complete and correct, and is not misleading in any way. If any of the information is later found not to be true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this Application in bad faith, the Domain Name Licence shall be Cancelled and you shall permanently lose the use of the Domain Name.