1.1. You Agree To Fully Cooperate With CloudBina Pte Ltd. In Connection With The Provision Of Our Services. It Is Your Responsibility To Ensure That All Content You Host On Our Servers, Including User Content And User Websites, Is Compatible With The Hardware And Software We Use To Provide Our Services. We Reserve The Right To Change Our Hardware And Software Configurations.
1.2. BACKING UP DATA: You Are Solely Responsible For Backing Up All User Content, Including User Websites. CloudBina Pte Ltd. Does Not Guarantee The Backup Of User Content, And You Accept The Risk Of Data Loss.
2.1. Prepayment: You Are Responsible For Ensuring That Your Payment Information Is Up-To-Date And That All Invoices Are Paid On Time. Services Must Be Paid For In Advance Of The Time Period During Which They Are Provided.
2.2. Autorenewal: Unless Otherwise Specified, You Agree That We May Bill You On An Automatically Recurring Basis To Prevent Any Service Disruption, Using The Billing Information You Have On File With Us.
2.3. Advance Account: If You Maintain A Credit Balance, We Will Deduct From It When You Purchase Products Or Services. If The Balance Is Insufficient For An Order, It May Not Be Processed. A Negative Balance In The Advance Account Must Be Corrected Promptly. Failure To Do So May Result In Immediate Termination Of Services.
2.4. Taxes: Our Listed Fees Do Not Include Applicable Taxes Imposed By Taxing Authorities. Any Applicable Taxes Will Be Added To Your Invoice As A Separate Charge To Be Paid By You.
2.5. Late Payment Or Non-Payment: Any Outstanding Invoice May Lead To The Suspension Of Services. Access To Your Account Will Only Be Restored Upon Receipt Of Payment. Failure To Pay Fees As Specified May Result In Account Suspension Or Termination.
CloudBina Pte Ltd. Reserves The Right To Change Prices, Monthly Payment Amounts, Or Any Other Charges At Any Time. We Will Provide At Least Thirty (30) Days' Notice Before Implementing Any Price Changes.
Discounts And Coupon Codes Are Reserved For First-Time Accounts Or First-Time Customers. Coupon Abuse Will Not Be Tolerated.
5.1. Cloud Web Hosting, Reseller Hosting, And WordPress Hosting: CloudBina Pte Ltd. Offers A Forty-Five (45) Day Money-Back Guarantee For These Hosting Services. The Guarantee Applies Only To Hosting Fees And Not To Additional Products Or Services.
5.2. Google Workspace: No Refunds Or Money Back Guarantees Are Offered For Google Workspace.
6.1. Refunds: Only First-Time Accounts Are Eligible For A Refund. Violations Of This Agreement Will Waive Your Refund Rights.
6.2. Non-Refundable Products And Services: No Refunds Will Be Provided For Certain Products And Services, Including But Not Limited To Domain Registrations, SSL Certificates, Codeguard, And Additional Products Or Services.
6.3. Cancellation Process: You May Terminate Or Cancel Services Through The Control Panel. If You Cancel, You Are Obligated To Pay All Accrued Fees And Charges. Access To The Control Panel Will Be Suspended Upon Account Cancellation.
CloudBina Pte Ltd. Reserves The Right To Terminate Access To Services, Delete Content, And Domain Registrations Without Notice For Various Reasons Outlined In This Agreement.
8.1. Permitted CPU And Disk Usage: Hosting Space Provided By CloudBina Pte Ltd. Shall Only Be Used For Specific Purposes, Such As Web Files, Active Email, And Content Of User Websites. Usage For Other Activities Is Not Allowed.
8.2. Bandwidth Usage: Bandwidth Usage Is Outlined In The Specific Terms Associated With Each Hosting Package. We Reserve The Right To Restrict Resources For Accounts Causing Excessive Usage.
9.1. Shared Accounts May Not Be Used To Resell Web Hosting To Others.
9.2. Resellers Must Ensure Their Clients Comply With This Agreement.
9.3. Resellers Are Responsible For Providing Support To Their Clients, Including Customer Service, Billing, And Technical Support. CloudBina Pte Ltd. Does Not Provide Direct Support To Reseller Clients.
9.4. Resellers Are Also Responsible For The Content And Actions Of Their Clients. The Company May Hold Resellers Accountable For Their Clients' Violations.
9.5. Resellers Are Responsible For Billing And Technical Support For Their Clients.
10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLOUDBINA PTE LTD., ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA. LIABILITY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY.
11.1. You Agree To Indemnify And Hold CloudBina Pte Ltd., Our Affiliates, Officers, Directors, Employees, And Agents Harmless From Any Claims, Damages, Losses, Liabilities, And Expenses Arising From Your Use Of The Services Or Any Violation Of This Agreement.
12.1. YOUR USE OF THE SERVICES IS GOVERNED BY OUR ARBITRATION AGREEMENT AS INCORPORATED BY REFERENCE.
13.1. CloudBina Pte Ltd. And The User Are Independent Contractors And Do Not Represent Themselves As Having The Authority To Make Contracts Or Agreements On Behalf Of The Other.
14.1. THIS AGREEMENT IS GOVERNED BY THE LAWS OF SINGAPORE EXCEPT WHERE PROHIBITED BY LAW.
15.1. You Are Responsible For Backing Up Your Data. CloudBina Pte Ltd. Does Not Maintain Backups Of Accounts Or Services.
16.1. OUR SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES REGARDING THE UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION OF OUR SERVICES. YOU AGREE TO ASSUME THE RISK FOR ANY AND ALL DAMAGE ARISING FROM THE USE OF OUR SERVICES.
17.1. This Agreement Supersedes All Previous Agreements Between The Parties And Is The Entire Agreement Between You And CloudBina Pte Ltd. Regarding Your Use Of The Services.
18.1. CloudBina Pte Ltd. Reserves The Right To Revise Its Policies At Any Time. Notices Will Be Posted On Our Website For At Least Thirty (30) Days After The Changes Are Posted. Your Use Of The Services After Such Changes Constitutes Acceptance Of The Modified Agreement.
19.1. If Any Provision Of This Agreement Is Found To Be Illegal, Invalid, Or Unenforceable, The Remaining Provisions Shall Remain In Effect.
At CloudBina Pte Ltd., We Take The Protection Of Intellectual Property Rights Seriously. Our Infringement Policy Outlines Our Approach To Addressing Alleged Copyright Infringement And Is An Integral Part Of Our Terms Of Service. This Policy Aims To Simplify The Process Of Submitting Notices Of Alleged Infringement While Reducing The Receipt Of Fraudulent Or Hard-To-Verify Notices. All Defined Terms In This Copyright Policy Have The Meanings Provided In The Terms Of Service Unless Otherwise Stated.
1.1. To Report An Alleged Infringement, The Complainant Must Submit A Written Notice Containing The Following Information:
1.2. Please Submit Your Complaint Through One Of The Following Methods:
1.3. Please Note That You May Be Liable For Damages, Including Costs And Attorneys' Fees, If You Materially Misrepresent That Material Is Infringing Your Copyright. If You Are Uncertain Whether Online Material Infringes Your Copyright, We Recommend Seeking Legal Counsel.
2.1. CloudBina May Respond To Takedown Notices By Removing Or Disabling Access To The Alleged Infringing Material And/Or By Terminating Services. In The Event Of Such Action, We Will Make A Good-Faith Attempt To Contact You And/Or The Administrator Of The Affected Site Or Content. CloudBina May Also Document The Notices Of Alleged Infringement It Receives And Actions Taken. Like All Legal Notices, A Copy Of The Notice May Be Made Publicly Available And Shared With One Or More Third Parties Who May, In Turn, Make It Publicly Accessible.
3.1. Upon Receiving Notice From CloudBina That A Claim Of Infringement Has Been Made And/Or That Material Has Been Removed Or Its Access Disabled, You Have The Option To Provide A Counter-Notice In Accordance With Applicable Law.
To Be Effective, A Counter-Notice Must Include ALL Of The Following Details:
3.2. Upon Receipt Of A Valid Counter-Notice As Required By Applicable Law, CloudBina Will Make Reasonable Efforts To Restore The Material Within 10-14 Business Days, Unless The Copyright Owner Initiates Court Proceedings To Prevent Its Restoration And Informs CloudBina Of Such Proceedings.
This Acceptable Use Policy (“AUP”) Outlines The Terms Governing Your Use Of The Services Provided By CloudBina Pte Ltd. ("CloudBina"). The AUP Is An Integral Part Of Our Terms Of Service. Please Note That Defined Terms In This AUP Have The Meanings Provided In The Terms Of Service. CloudBina Reserves The Right To Modify This AUP Without Prior Notice.
1.1. You Are Required To Use CloudBina's Services Exclusively For Lawful Purposes. This Entails That The Transmission, Storage, Or Display Of Any Information, Data, Or Material In Violation Of Applicable Laws Or Regulations, Including The Laws Of Singapore, Is Strictly Prohibited. CloudBina Retains The Right To Terminate Services For Customers Whose Actions May Expose The Company To Legal Liability Or Endanger Its Ability To Provide Services To Other Customers. By Using Our Services, You Agree To Indemnify And Hold CloudBina Harmless From Any Claims Arising From Your Use Of These Services.
2.1. You May Not Employ Our Services For Activities That Are Harmful To Others Or Illegal Under The Law. Prohibited Activities Include But Are Not Limited To:
3.1. Using Our Services To Gain Unauthorized Access To Any Network Or System Is Strictly Prohibited. Prohibited Activities Include But Are Not Limited To:
4.1. Consuming Excessive Server Resources That May Lead To Performance Issues Or Disrupt Other Customers' Services Is Prohibited. Use Of Scripts Or Processes That Adversely Affect Our Systems Is Not Allowed.
5.1. You May Not Use Our Services To Distribute Pornography, Adult-Related Content, Or Offer Escort Services. Backing Up Personal Data To A Hosting Account Is Also Prohibited. Our Services Are Designed For Hosting Websites, Not As Data Repositories. We Retain The Right To Remove Backups From Your Hosting Account.
6.1. CloudBina Maintains A Zero Tolerance Policy Against The Use Of Our Services To Send Spam Or Unsolicited Bulk Or Commercial E-Mails. This Includes Sending Or Assisting In The Transmission Of Commercial E-Mail That Does Not Comply With Applicable Laws.
7.1. While CloudBina Values Free Expression, We Will Take Action Against Content That Violates The Law Or This AUP, Ensuring A Balance Between Complaint Merits And The Right To Freedom Of Expression.
For Resellers: In The Event Of AUP Violations By A Reseller's User, CloudBina Will Suspend The User's Account And Notify The Reseller To Address The Matter.
For Direct Customers: CloudBina Reserves The Right To Terminate Your Services With Or Without Notice Upon Any Violation Of This AUP.
Violations May Be Reported To The Appropriate Law Enforcement Agency If Necessary.
Failure To Respond To Our Compliance Team Within The Specified Time May Result In Service Suspension Or Termination.
CloudBina Retains The Right To Enforce Or Not Enforce This AUP At Its Sole Discretion.
9.1. If You Believe You Have Identified An AUP Violation, Please Follow Our Reporting Procedures.
10.1. Abuse Email Address: abuse@cloudbina.com
General Contact: sales@cloudbina.com
It Is Your Sole Responsibility To Maintain Backups Of Any Data Associated With Your Hosting Packages. We Strongly Advise That You Regularly Create Backups And Securely Store Them In A Separate Location In Case Data Restoration Becomes Necessary. You Have The Option To Request A Data Backup From Us, Covering The Last 5 Days From Your Request Date. We Will Make Reasonable Efforts To Restore Your Data From Our Disaster Recovery Backups, Provided You Fulfill The Backup Service Fee Requirements. Please Note That These Backup Services Are Offered As A Courtesy, And Not As An Obligatory Service. It's Essential To Be Aware That We Do Not Retain Any Backups For Any Of Our Partner’s Services Such As OX Email Services And Google Workspace. The All Partner’s Services Backup Policy Will Be Applicable As Their Own.
1.1. Privacy Notice: Please Consult CloudBina Pte Ltd's Privacy Notice For Comprehensive Details On Data Collection, Usage, And Disclosure. This Data Request Policy Supplements The Privacy Notice And Outlines The Types Of Data Requests That CloudBina Pte Ltd May Receive And The Procedures For Responding To Such Requests.
2.1. Data Requests: These Encompass Requests For Information Or Documents Related To Subscriber Accounts In The Context Of Official Criminal Investigations Or Other Legal Proceedings. With The Exception Of Limited Emergency Situations (As Detailed Below), CloudBina Pte Ltd Necessitates That Data Requests Adhere To Formal U.S. Legal Processes And Procedures, Complying With Relevant Laws. Acceptable Data Requests May Include:
2.2. Preservation Requests: These Requests Pertain To The Preservation Of Subscriber Account Records Concerning Official Criminal Investigations Or Other Formal Legal Proceedings. Preservation Requests Must Contain The Following Information:
2.3. Emergency Requests: These Requests Are Suitable Only In Situations Involving Imminent Serious Bodily Harm Or Death. CloudBina Pte Ltd Responds To Emergency Requests When There Is A Genuine Belief That Immediate Action Is Required.
2.4. Disclosure Of Non-Public Domain Registrant Information: In Its Capacity As The Sponsoring Registrar Or Reseller For Specific Domain Names Governed By The Internet Corporation For Assigned Names And Numbers ("ICANN"), CloudBina Pte Ltd Is Obligated To Allow Third Parties With A Legitimate Interest Access To Masked (Non-Public) Registrant Information, While Respecting Data Subjects' Rights Under The General Data Protection Regulation ("GDPR") Or Other Applicable Privacy Laws.
2.5. Notice To CloudBina Pte Ltd Subscribers: CloudBina Pte Ltd's Practice Is To Notify Its Subscribers Of Requests For Their Data, Unless Prohibited By Applicable Law Or A Court Order.
3.1. A Request For Subscriber Data Should Include:
3.2. Note: A Request That Solely Provides An IP Address May Be Too Broad And Insufficient For CloudBina Pte Ltd To Identify A Subscriber Account. Whenever Possible, Please Include Additional Identifiers Like The Domain Name Or Username. CloudBina Pte Ltd May Be Unable To Respond To Requests Lacking This Information. Furthermore, We May Request A Copy Of The Complaint And Supporting Documentation That Establishes The Relevance Of The Requested Information To The Ongoing Litigation And Underlying Subpoena.
4.1. All Data Requests Should Be Directed To: Attn: CloudBina Pte Ltd., 68 Circular Road #02-01, Singapore (049422)
Email: Support@Cloudbina.Com
4.2. Important Note: In The Event That You Send Any Type Of Notice Via Email And Do Not Receive A Response From CloudBina Pte Ltd, Please Submit A Duplicate Copy Via Mail. Due To The Unpredictability Of The Internet And Email Communication, Including Potential Disruptions Caused By Spam Filters, Sending An Alternate Form Of Notice Ensures That Your Notice Is Received By CloudBina Pte Ltd And Addressed Promptly.
5.1. CloudBina Pte Ltd May Seek Reimbursement For Costs Associated With Responding To Requests, As Permitted By Law, And May Impose Additional Fees For Addressing Unusual Or Burdensome Requests.
6.1. Upon Receipt Of A Valid Request, CloudBina Pte Ltd May Provide Data As Follows:
Non-Content: This Includes Non-Content Information, Comprising:
6.2. Content: CloudBina Pte Ltd Will Only Furnish Subscriber Content, Such As Website Files And Email Content, In Response To A Valid Search Warrant From An Entity With Proper Jurisdiction.
This Arbitration Agreement Contains A Provision Stating That All Claims Must Be Pursued Individually, And Not As Part Of A Class Action Or Any Other Representative Proceeding. Please Review It Carefully. You Can Choose To Opt Out Of This Agreement By Following The Opt-Out Procedure Outlined In Section 11. Unless Otherwise Indicated, The Terms Used In This Arbitration Agreement Carry The Meanings Assigned To Them In The CloudBina Pte Ltd Terms Of Service. CloudBina Pte Ltd Reserves The Right To Amend This Arbitration Agreement With Appropriate Notice.
In The Event Of A Dispute Between You And CloudBina Pte Ltd, You Agree To Initially Contact Us And Make A Sincere, Ongoing Effort To Resolve The Dispute Before Turning To Arbitration As Described In These Terms.
Any Dispute Or Claim That Remains Unresolved After The Informal Dispute Resolution Outlined In Section 1, Except For Disputes Regarding The Infringement Of Our Intellectual Property Rights Or The Access Or Use Of The Service In Violation Of These Terms (A “Claim”), Or Claims Seeking More Than $10,000 In Damages, Will Be Resolved Through Binding Arbitration Rather Than In Court. However, You May Bring Claims To Small Claims Court Situated In Suffolk County, Massachusetts If They Meet The Court's Criteria.
Arbitration Proceedings Do Not Involve A Judge Or Jury, And Court Review Of An Arbitration Decision Is Limited. Nevertheless, An Arbitrator Has The Authority To Award, On An Individual Basis, The Same Damages And Remedies As A Court (Including Injunctive And Declaratory Relief Or Statutory Damages), And Must Adhere To These Terms As A Court Would.
The Arbitration Will Be Conducted Before An Impartial Single Arbitrator, Whose Decision Will Be Final And Binding. The Arbitral Proceedings Will Adhere To The AAA Commercial Arbitration Rules, Consumer Due Process Protocol, And Supplementary Procedures For Resolution Of Consumer-Related Disputes. These Rules Can Be Accessed On The AAA Website At Www.Adr.Org. In Case Of Any Conflict Between The Commercial Arbitration Rules And This Arbitration Agreement, This Agreement Shall Take Precedence, And The Parties Will Jointly Designate An Alternate Arbitrator.
To Initiate Arbitration, A Party Must First Send A Written Notice To CloudBina Pte Ltd’s Legal Department Expressing The Intent To Arbitrate (“Notice”). This Notice Should Be Conveyed Using One Of The Following Methods: (I) Via Electronic Mail To Abuse@Cloudbina.Com; Or (Ii) By Sending The Notice Through Certified Mail Provided By The U.S. Postal Service To: CloudBina Pte Ltd, Attn: Legal Department, 68 Circular Road #02-01, Singapore (049422). The Notice Must (X) Specify The Nature And Basis Of The Claim Or Dispute, And (Y) Outline The Specific Relief Being Sought. If An Agreement To Resolve The Claim Is Not Reached Within Thirty (30) Days Of Receiving The Notice, You Or CloudBina Pte Ltd May Commence An Arbitration Proceeding.
The Arbitration May Be Conducted, At The Discretion Of The Party Seeking Relief, By Telephone, Online, Or Based Solely On Written Submissions.
If You Initiate Arbitration, Your Arbitration Fees Will Be Limited To The Filing Fee Stipulated In The AAA’s Consumer Arbitration Rules. Unless The Arbitrator Deems The Arbitration Frivolous Or Brought For An Improper Purpose, CloudBina Pte Ltd Will Bear All Other AAA And Arbitrator’s Fees And Expenses. Any Fees Exceeding The Filing Fees Of The Small Claims Court In Your Home Jurisdiction Will Be Covered By CloudBina Pte Ltd.
Subject To Applicable Law, You And CloudBina Pte Ltd Mutually Agree That Any Proceedings To Address A Claim Will Take Place Exclusively In Each Party’s Individual Capacity And Not As A Plaintiff Or Class Member In Any Purported Class, Consolidated, Multiple Plaintiff, Or Representative Action ("Class Action"). If, For Any Reason, A Claim Is Brought To Court Instead Of Arbitration, You And CloudBina Pte Ltd Each Waive The Right To A Jury Trial. You Both Explicitly Renounce Any Capability To Maintain A Class Action In Any Forum. If The Claim Is Subject To Arbitration, The Arbitrator Is Not Authorized To Combine Or Aggregate Similar Claims, Conduct Any Class Action, Or Issue An Award To Any Entity Or Person Not Party To The Arbitration. The Question Of Whether Any Part Of This Class Action Waiver Is Unenforceable, Unconscionable, Void, Or Voidable Will Be Decided Exclusively By A Competent Court And Not By An Arbitrator. Moreover, The Parties Agree That The Arbitrator Cannot Consolidate Proceedings Or Claims From Multiple Individuals, And Cannot Preside Over Any Representative Or Class Action. If This Specific Provision Is Found To Be Unenforceable, The Entire Arbitration Clause Will Be Rendered Null And Void. The Arbitrator May Grant Injunctive Relief Solely For The Benefit Of The Individual Party Seeking Relief And Only To The Extent Required To Provide The Relief Warranted By That Party’s Individual Claim.
An Arbitrator's Award May Be Entered As A Judgment In Any Court Having Competent Jurisdiction. The United Nations Conventions On Contracts For The International Sale Of Goods Will Not Apply.
If A Court Of Competent Jurisdiction Deems The Aforementioned Arbitration Provisions Invalid Or Inapplicable, Both You And CloudBina Pte Ltd Agree To The Exclusive Jurisdiction Of Federal And State Courts In Boston, Massachusetts. Both Parties Also Agree To Submit To The Personal Jurisdiction Of Such Courts For The Purpose Of Resolving Any Applicable Dispute Or Claim.
If You Are An Individual And Do Not Wish To Arbitrate Disputes With Us, You Can Opt Out Of This Arbitration Agreement By Sending An Email To Abuse@Cloudbina.Com Within Thirty (30) Days Of Your First Access To Or Use Of The Service.
The Parties Are Obligated To Maintain The Confidentiality Of The Arbitration Proceedings And Any Awards, Including The Hearing, Except When Necessary To Prepare For Or Conduct The Arbitration Hearing On The Merits, Or When Required By Law Or A Judicial Decision In Connection With A Court Application For A Preliminary Remedy, A Judicial Challenge To An Award Or Its Enforcement, Or As Otherwise Mandated By Law.
(Also Referred To As "Agreement," "Affiliate Agreement," "Terms And Conditions," Or "Affiliate Terms And Conditions") This Affiliate Program Agreement (Hereinafter "Agreement") Is Entered Into By And Between CloudBina Pte Ltd, A Singaporean Private Limited Company Located At 68 Circular Road, #02-01, Singapore (049422) ("CloudBina"), And The Affiliate (Hereinafter "You," "Affiliate Partner," "Affiliate"). This Agreement Shall Be Effective Upon The Date Of Electronic Acceptance By The Affiliate. This Agreement Outlines The Terms And Conditions Governing Your Participation In The CloudBina Affiliate Program (Hereinafter The "Affiliate Program" Or The "Services"). By Electronically Accepting This Agreement, You Acknowledge And Agree To Be Bound By These Terms.
"CloudBina" refers to CloudBina Pte Ltd, a Singaporean Private Limited Company located at 68 Circular Road, #02-01, Singapore (049422).
"Affiliate" refers to any individual or entity that accepts this agreement.
"User" or "Customer" refers to any individual or entity who becomes a customer of CloudBina through the Affiliate's referral.
"Affiliate Program" or "Services" refer to the Affiliate Program provided by CloudBina.
In order to enroll in the Affiliate Program, you must submit your application through the Affiliate Signup form on the CloudBina website. All affiliate signups are subject to review by CloudBina, and CloudBina reserves the right to reject any application for any reason.
Only approved promotional materials provided by CloudBina may be used to advertise CloudBina on your site. These materials may include CloudBina's trademarks, service marks, logos, and slogans. The use of advertising methods not approved by CloudBina is prohibited.
The commission structure is as follows:
CloudBina tracks affiliate sales using cookies. These cookies are automatically placed in the user's browser upon clicking on the affiliate link and remain valid for 30 days. If a previous affiliate's cookie is already present in the user's browser, it will be overwritten with the new cookie. If a user intentionally deletes cookies, CloudBina holds no responsibility for this action.
CloudBina will provide you with the commission statement for the previous payable period in your affiliate area at the beginning of each month. Payout requests for the previous month should be submitted by the end of the current month. For example, the request for July 2023 should be sent by August 31, 2023. Payouts will be released by the 25th of the month. The minimum payout amount for PayPal withdrawal is $100, and for wire transfer, it is $500.
The affiliate and CloudBina acknowledge that they are entering into this affiliate agreement as independent contractors, creating no partnership, agency, franchise, joint venture, sales representative, or employment relationship between them.
Affiliates can cancel and terminate their affiliate account at any time by contacting CloudBina. CloudBina may terminate an affiliate account with or without notice for violations of the affiliate program terms and conditions.
Both parties agree to protect the confidentiality of any information designated as "proprietary" or "confidential" or otherwise known to be confidential. Each party will use reasonable care to protect the other party's confidential information.
Any disputes arising under this affiliate agreement will be resolved according to the jurisdiction and legislation of Singapore.
CloudBina reserves the right to change any policies or terms of this affiliate agreement at any time. Amendments will be effective immediately upon being posted on the CloudBina website.
By accepting this agreement, you confirm that you have read, understood, and agreed to its terms and conditions.
This agreement is effective as of 1st November 2023.
CloudBina Pte Ltd 68 Circular Road, #02-01 Singapore (049422)
Disk Space And Bandwidth Are "Unmetered," Which Means You Are Not Charged Based On The Amount Of Disk Space Or Bandwidth You Use. However, It's Important To Note That We Require All Customers To Be Fully Compliant With Our Terms Of Service (TOS) And Its Associated Policies, Including Our Acceptable Use Policy (AUP). You Should Only Utilize Disk Space And Bandwidth In The Regular Operation Of A Personal Or Small Business Website. For Example, Customers Who Are Using 25% Or More Of System Resources For Longer Than 90 Seconds Would Be In Violation Of Our TOS, Which Encompasses Our Acceptable Use Policy And Other Related Policies. For Further Details, Please Review Our TOS Or Feel Free To Reach Out To Us If You Have Any Questions.
If We Have Concerns About Your Account's Bandwidth Or Disk Space Utilization, You Will Receive An Email Requesting That You Reduce Your Usage. It's Important To Emphasize That It Is Highly Unusual For A Customer Managing A Personal Or Small Business Website To Exceed Our TOS, Which Includes Our Acceptable Use Policy And Other Relevant Policies.
This "Domain Registration Agreement" (Referred To As The "Agreement") Establishes The Binding Terms Between You, The Individual Or Entity Seeking To Register One Or More Domains, And Cloudbina, The Registrar Facilitating Domain Registration Services. Cloudbina Serves As The Sponsoring Registrar Or Acts As A Reseller For The Sponsoring Registrar, As Identified In The WHOIS Record Accessible [Insert Link To WHOIS Record]. For Customers Located Outside Of Singapore, The Terms "Company," "We," "Us," Or "Our" Pertain To Cloudbina Pte Ltd. For Customers Within Bangladesh, These Terms Refer To CloudBina Web Services, A Bangladeshi Company. By Engaging In Domain Registration Services Offered By Cloudbina (Referred To As The "Services"), You Are Acknowledging And Agreeing To Abide By The Terms Set Forth In This Registration Agreement. We Strongly Urge You To Carefully Review This Agreement.
Modifications And Compliance: Cloudbina Reserves The Right To Modify, Append, Or Remove Sections Of This Agreement, With Or Without Prior Notice, To Ensure Compliance With Terms And Conditions Stipulated By The Internet Corporation For Assigned Names And Numbers ("ICANN") And The Applicable Registry Administrators ("Registry Administrators") For Top-Level Domains ("TLDs") And Country Code Top-Level Domains ("CcTLDs"). In The Event Of Significant Alterations, Cloudbina Will Provide Notice Of These Changes On Our Website For A Minimum Of 30 Days From The Date Of Posting. The Effective Date Of Any Revisions Will Occur Either:
Should You Disagree With The Terms Outlined In This Registration Agreement, You Are Not Authorized To Utilize Or Access The Services.
Your Domain Registration Becomes Effective Once The Following Conditions Are Met:
Please Note That Cloudbina Does Not Have Control Over Every Aspect Of The Domain Registration Process. For Instance, Once You Submit A Domain Registration, Cloudbina Forwards The Registration Information To The Appropriate Registry Administrator For Processing And The Actual Registration Of The Domain Name. Therefore, Cloudbina Disclaims Any Liability And You Agree That Cloudbina Is Not Responsible For Inaccuracies Related To The Registration Information Regarding
Cloudbina Will Not Be Held Responsible For Or Provide A Refund For Domain Name Registrations Containing Spelling Errors Or Typos.
In Accordance With ICANN Policies, Cloudbina Reserves The Right To Decline Multiple Domain Registrations.
4.1. Payment Of Fees As A Condition To Domain Registration: To Utilize CloudBina's Domain Registration Service, You Commit To Making Payment For All Registration And Other Relevant Fees Before Your Desired Domain Registration Takes Effect. These Fees Should Be Paid Via The Chosen Payment Method During The Registration Process. All Fees Are Non-Refundable, Whether Your Domain Registration Is Suspended, Canceled, Or Transferred Before The Current Registration Term Concludes. It Is Your Responsibility, As The Listed Registrant, To Maintain Records That Document And Validate The Initial Domain Name Registration Date.
4.2. Reservation Of Right To Modify Fees: CloudBina Reserves The Right To Adjust Fees, Surcharges, And Renewal Fees Or Introduce New Fees With A Minimum 30-Day Notice For Any Reason, At Its Sole Discretion.
4.3. Credit Card Charge-Backs For Domain Registrations: In The Event Of A Charge-Back From Your Credit Card Company (Or Similar Action By Another Payment Provider Used), You Acknowledge That Your Domain Registration Will Be Transferred To CloudBina As The Paying Entity For That Registration. CloudBina Also Reserves All Rights Concerning The Domain, Including The Right To Make It Available For Purchase By Other Parties. CloudBina May Choose To Lock Your Account And Any Remaining Domains Until The Payment Of Administrative And/Or Chargeback Fees Is Received. CloudBina May, At Its Sole Discretion, Reinstate Your Domain Registration Upon Receipt Of The Registration Fee And Any Associated Fees Mentioned Above.
4.4. Credit Card Charge-Backs For Non-Domain Registration Services: If A Charge-Back By The Credit Card Company (Or Similar Action By Another Payment Provider) Occurs Regarding A Non-Domain Registration Fee, The Related Service Will Not Be Initiated Or Will Be Discontinued If Already In Use. Any Information Maintained By The Service May Be Deleted, Along With Your Account And Other Services, Which Will Be Locked Until CloudBina Receives Payment For Any Administrative And/Or Chargeback Fees. CloudBina May, At Its Sole Discretion, Reinstate Your Services Upon Receipt Of The Non-Domain Registration Fee And Any Associated Fees Mentioned Above.
5.1. Registration Information: As Part Of The Domain Registration Process And In Compliance With ICANN Policies, A Registered Name Holder Must Submit Complete And Accurate Information, Which Includes:
5.2. Additional Registration Information: In Accordance With ICANN Policies, CloudBina Is Obligated To Provide And Maintain Complete And Accurate Additional Information Concerning A Domain Registration. This May Include:
5.3. Use Of Registration Information And Additional Registration Information: You Consent To The Disclosure Of Registration Information And Additional Registration Information By CloudBina To ICANN, Other Third-Party Registry Administrators, And As Required By Applicable Laws. ICANN And The Registry Administrators May Establish Guidelines, Limits, And Requirements Regarding The Disclosure Of Information To The Public Or Private Entities. By Agreeing To This, You Waive Any Claims Arising From Such Disclosures And Use Of Your Registration Information And Additional Registration Information, Both During And After Your Domain Registration Term.
5.4. Information Updating And Accuracy Obligations: To Maintain The Registration Of Your Domain, You Must Update Your Registration Information Within Seven Days Of Any Changes. You Can Review, Modify, Or Update Your Registration Information Through CloudBina's Domain Manager Service Or Similar Service On Our Website. Failure To Provide Accurate Information Or Update Your Registration Information Within Seven Days Of Changes Will Be Considered A Material Breach Of This Registration Agreement And May Result In The Cancellation Of Your Domain Registration. If You Fail To Respond Within Ten Days To Any Inquiry By CloudBina Regarding The Accuracy Of The Registration Information Or Don't Report Any Willful Inaccuracy, It Will Be Considered A Material Breach Of This Registration Agreement And Sufficient Grounds For Cancellation. You Also Confirm That You Have Obtained Consent From Third-Party Individuals Whose Personal Data Is Provided As Registration Information.
5.5. Information Requirements For Renewals: When Renewing Your Domain Registration, You May Be Required To Provide Different Information. Failure To Provide The New Required Information May Result In The Non-Renewal Of Your Domain Registration.
5.6. Ownership Of Data: CloudBina Owns All Rights And Interests In Its Domain Database, Which Includes Registration Information And Additional Registration Information. CloudBina May Use Certain Information For Domain Registrations Where It Is The Registrar. CloudBina Does Not Have Any Ownership Interest In Your Specific Personal Registration Information Beyond Its Rights In Its Domain Database. CloudBina Agrees To Take Reasonable Precautions To Protect Your Specific Personal Registration Information.
5.7. Registrant Verification: CloudBina Is Required To Verify The Registered Name Holder's Email Address Within 15 Days Of Any Registration, Transfer, Or Change In Contact Information. Failure To Verify Within 15 Days Constitutes A Material Breach Of This Registration Agreement And Will Result In The Immediate Suspension Of Domain Names And Associated Services. CloudBina Is Also Required To Verify Any Changes To WHOIS Contact Information Within 15 Days Of Any Change, With Similar Consequences For Failure To Do So.
6.1. Domain Privacy Purchase: If You Have Purchased Domain Privacy Services (Referred To As "Domain Privacy"), You Agree That Your Registration Information Will Be Replaced In Any Public WHOIS Search With Information Provided By CloudBina At Its Sole Discretion, Known As "Private WHOIS Contact Information."
6.2. Responsibility For Legal And Monetary Claims: While The Private WHOIS Contact Information Will Appear In Public WHOIS Search Results, You Are Solely Responsible For Resolving Any Monetary, Creditor, Or Other Claims Arising From Legal Disputes Concerning Your Domain Name Registration. Use Of Domain Privacy Does Not Exempt You From The Obligation To Provide Valid And Accurate Registration Information And Keep It Up To Date, As Specified In This Registration Agreement.
6.3. Not A General Mail Forwarding Service: Domain Privacy Is Not Intended As A General Mail Forwarding Service. You Agree Not To Share The Private WHOIS Contact Information With Third Parties For The Purpose Of Having Them Transmit Communications To You. CloudBina Reserves The Right To Terminate The Domain Privacy Service And, At Its Sole Discretion, Disclose The Registration Information If You Breach This Agreement.
6.4. Forwarding And Handling Of Communications: CloudBina May, At Its Discretion, Review, Forward, Sort, Open, Or Destroy Any Mail Received In Connection With Your Domain Name. CloudBina May Forward Certified Or Traceable Courier Mail, Legal Notices, Or First-Class U.S. Postal Mail, But It Will Not Forward Unsolicited Communications (Including Faxes, Postal Mail, Or Telephone Messages). You Agree To The Handling And Forwarding Of Mail, Emails, And Caller Messages As Outlined In This Section And Waive Any Claims Arising From The Failure To Receive Communications.
6.5. Termination Upon Transfer: If A Domain Name For Which You Are Using Domain Privacy Is Transferred To Another Registrar, Domain Privacy Will Automatically Cease, And No Refund Will Be Given For Any Unused Portion Of The Service.
6.6. Renewal Of Domain Privacy: Failure To Renew The Domain Privacy Service While Your Domain Name Registration Is Still Valid Will Result In The Suspension, Termination, Or Cancellation Of Domain Privacy. In Such Cases, Your Registration Information Will Be Displayed In Public WHOIS Searches. Domain Privacy Renewals After The Initial Purchase Will Be Subject To The Standard List Price, Available By Logging In To Your Account.
6.7. CloudBina's Right To Act: CloudBina Reserves The Right, Without Liability To You, To Suspend Or Cancel Your Use Of The Service And Disclose The Registration Information In Public WHOIS Searches Or To Third Parties Without Notice Under The Following Circumstances.
6.8. Registrant Verification: Pursuant To ICANN's Registrar Accreditation Agreement, If You License The Use Of A Registered Name To A Third Party, You Remain The Registered Name Holder Of Record And Are Responsible For Providing Full Contact Information. You Also Accept Liability For Harm Caused By The Wrongful Use Of The Registered Name If You Don't Disclose The Licensee's Contact Information.
7.1. Automated "Coming Soon" Page: Upon Registration, Your Domain Will Be Automatically Placed On CloudBina's Name Servers, And Users Typing In The Domain Will Be Directed To A "Coming Soon" Page. CloudBina May Collect Revenue From Advertisements Or Materials On This Page.
7.2. Expired Domain Management: If Your Domain Registration Expires And Is Not Renewed, The Domain May Be Directed To An "Expired" Page. CloudBina May Collect Revenue From Advertisements And Materials On This Page.
7.3. Advertisements On Parking Pages: Both "Coming Soon" And "Expired" Pages May Contain Advertisements And Other Materials Selected By CloudBina, Including Third-Party Websites, Product Offerings, And Search Engines. CloudBina Retains The Right To Collect Revenue From These Materials.
7.4. DNS Wildcard: If You Use CloudBina's DNS Management Services And Fail To Configure A Wildcard DNS For Your Domain, CloudBina May Insert Wildcard DNS Records To Resolve Subdomains, Which May Point To Pages Containing Advertisements And Materials Selected By CloudBina.
8.1. Renewal Responsibility: You Are Responsible For Renewing Your Domains And Additional Services Before Their Expiration If You Wish To Maintain Them. Renewals Can Be Done At Any Time Before The Expiration Date, And CloudBina Is Not Liable For Any Errors Or Failures In Renewing Services.
8.2. Renewal Notifications: CloudBina May Notify You, At Its Discretion, When Renewal Fees Are Due. Failure To Pay These Fees In A Timely Manner May Result In The Cancellation Of Your Registration.
8.3. Auto-Renewal: By Providing Credit Card Or Other Payment Information, You Authorize CloudBina To Automatically Charge Your Account For Service Renewals Unless You Opt Out. You Must Notify CloudBina At Least Sixteen (16) Days Before The Renewal Date If You Choose Not To Participate In Auto-Renewal. You Are Responsible For Keeping Your Payment Information Accurate.
8.4. Expired Domains: If A Domain Name Expires, CloudBina May Place Its Contact Information In The WHOIS Output, Resulting In The Immediate Cancellation Of Registration And Loss Of Rights To The Domain Name. If You Do Not Renew Your Domain, CloudBina May, At Its Discretion, Renew And Transfer The Domain Name To A Third Party.
8.5. Domains Acquired Through ED Transfer: If You Acquire A Domain Through An Expired Domain Transfer (ED Transfer), The Term Of Your Registration Will Be One Year From The Original Expiration Date Before Your Purchase. CloudBina Is Not Liable For The Period Between The Domain's Expiration And Your Ability To Use It.
9.1. Agreement To Dispute Policy: By Registering A Domain With CloudBina, You Hereby Agree To Be Bound By The Applicable Domain Dispute Resolution Policy ("Dispute Policy") That Pertains To The Domain You Have Chosen. This Includes Adherence To The Uniform Domain Name Dispute Resolution Policy (Available Here), Which Is Established By ICANN And/Or Specific Registration Administrators. The Provisions Of The Dispute Policy Are Incorporated By Reference Into This Registration Agreement.
9.2. Resolution Of Disputes: Please Be Aware That Certain Disputes May Fall Under The Scope Of The Relevant Dispute Policy. In The Event That Such A Dispute Arises, You Consent To Adhere To The Provisions Specified In The Applicable Dispute Policy That Is In Effect When A Third Party Challenges Your Domain Registration. Furthermore, In Case Of A Domain Dispute Involving A Third Party, You Pledge To Indemnify And Protect CloudBina In Accordance With The Terms Contained In The Applicable Dispute Policy. It's Important To Note That The Dispute Policy May Be Subject To Modification By ICANN Or The Relevant Registry Administrator At Any Time. Your Continued Use Of Your Registered Domain After Any Such Modification Signifies Your Acceptance Of The Amended Dispute Policy And This Registration Agreement. If You Disagree With Any Of These Changes, You Retain The Right To Request The Cancellation Of Your Domain Registration Or Its Transfer To Another Domain Registrar. In The Event Of Disputes Related To Second-Level Domain ("SLD") Names, The SLD Holder Agrees To Submit To The Jurisdiction Of The Courts In Their Domicile And Where CloudBina Is Located, Without Prejudice To Other Potentially Applicable Jurisdictions. You Also Agree To Comply With ICANN's Uniform Rapid Suspension ("URS") And Participate In Proceedings Initiated Under The URS If It Is Applicable.
10.1. Change Of Registrant: Effective December 1, 2016, For All GTLDs, Any Substantial Changes To A Domain Name Registrant's Name, Company, Email Address, Or Administrative Contact Email Address (If There Is No Registrant Email Address) Are Subject To ICANN's Transfer Policy, Which Is Available Here.
10.2. Reasons For Denying Change Of Registrant: CloudBina Is Obligated To Deny A Change Of Registrant Under The Following Circumstances:
10.3. Confirmation Of Change Of Registrant: Unless A Change Of Registrant Is Otherwise Prohibited, Both The Prior Registrant And The New Registrant, Or Their Designated Agents, Must Confirm The Change Of Registrant Within 60 Days Of The Request. If You Do Not Opt Out Of The Transfer Lock During The Change Of Registrant Request, You May Not Transfer Your Domain Registration To Another Registrar For 60 Days Following The Change Of Registrant.
10.4. Designated Agent: By Agreeing To This Registration Agreement, You Authorize CloudBina To Act As A "Designated Agent" To Approve A Change Of Registrant On Behalf Of The Prior Registrant And The New Registrant In Accordance With ICANN's Transfer Policy.
10.5. Transfer Of Registration To Another Registrant: The Entity Or Individual Listed As The "Registrant" When The Controlling User Name And Password Are Secured Is The Registrant Of The Domain. Prior To The Effectiveness Of Any Transfer Of Ownership Of Your Domain To Another Entity, CloudBina Reserves The Right To Enforce Any Published Fee For The Transfer Of Domain Ownership. As A Condition Of Such Transfer, The Party To Which You Intend To Transfer Your Domain Must Agree In Writing (Electronic Acceptance Is Acceptable) To Be Bound By The Terms And Conditions Of This Registration Agreement. Your Domain Will Not Be Transferred Until CloudBina Receives Such Written Assurances (Or Reasonable Assurance, As Determined By CloudBina In Its Sole Discretion) And Actual Payment Of The Transfer Fee, If Any Is Imposed. You Acknowledge And Agree That Any Attempt To Transfer Your Domain Registration Without Paying The Specified Transfer Fee, Or If The Entity To Which You Intend To Transfer Your Domain Refuses To Agree In Writing To Abide By All Terms And Conditions Of This Registration Agreement, Will Render The Transfer Null And Void, Resulting In The Revocation Of Your Domain Registration Without A Refund Of Any Incurred Charges For Registration Or Transfer Attempts.
10.6. Reversion Of Registrant Name Change: When Changing The Name Of The Registrant Within CloudBina, You Acknowledge That, At CloudBina's Discretion, The Domain Name May Be Reverted Back To The Registrant Listed Immediately Prior To The Change. This Reversion Can Occur Within Five (5) Days (Or Within A Reasonable Time, As Determined At CloudBina's Discretion) Upon Written (Email Is Acceptable) Request By The Registrant Listed Immediately Before The Change Or In Cases Of Suspected Fraud Related To The Change Of Registrant Name, As Determined By CloudBina In Its Sole Discretion.
10.7. Transfer Of Registration To Or From Another Registrar: When Transferring A Domain Name To CloudBina As The New Registrar Of Record While Simultaneously Changing The Name Of The Registrant, You Consent To The Possibility That The Domain Name May Be Re-Transferred Back To The Losing Registrar. This Can Occur Upon Written (Email Is Acceptable) Request By The Registrant Listed Immediately Before The Transfer, Or At The Request Of The Losing Registrar, Or In The Event Of Suspected Fraud Associated With The Transfer, As Determined By CloudBina In Its Sole Discretion. At The Time Of The Transfer To CloudBina, You Must Complete All Required Information Requested In The Online Transfer Application, Including Contact Information And Nameserver Information. CloudBina Reserves The Right To Accept Or Reject Your Domain Name Transfer Application For Any Reason At Its Sole Discretion. You Are Not Entitled To Any Refund Concerning The Domain Name Transferred To Another Registrar.
10.8. Restrictions On Registrar Transfers: For Generic Top-Level Domains Governed By ICANN, You Agree Not To Transfer Your Domain Registration To Another Domain Registrar Within The First Sixty (60) Days From The Effective Date Of Your: (1) Initial Domain Registration Or (2) Completion Of A Domain Transfer To CloudBina. If You Opt To Use CloudBina's Transfer Lock Service, You Agree To Provide Written Authorization (Electronic Acceptance Is Acceptable) To CloudBina For The Transfer Of The Domain To Another Registrar And Agree To Pay Any And All Fees Imposed By CloudBina To Effect The Transfer. Your Request To Transfer Your Domain To Another Registrar May Be Denied In Accordance With The Transfer Policy.
10.9. Country-Code Top-Level Domains: For Country-Code Top-Level Domains As Established By Each Registry, You Agree Not To Transfer A Domain To Another Registrar During The First Sixty (60) Days Of The Initial Registration Or After The Domain Has Expired. Your Request To Transfer Your Domain To Another Registrar May Be Denied In Accordance With The Transfer Policy.
You Affirm That When Registering A Domain And Specifying A Registrant Other Than Yourself, You Represent And Warrant That You Possess The Authority To Legally Bind The Person Or Entity Listed As The Registrant Under This Registration Agreement, Including Compliance With The Applicable Dispute Policy. The Registrant's Name Or The Relevant Officer Of A Listed Organization (As Determined By Cloudbina) May Independently Opt To Move The Domain Into Another Account For Full Access To The Domain. This Can Be Done Without Regard To The Preferences Of Agents, Account Owners, Or Other Listed Contacts Associated With That Domain, Such As Admin Or Billing. Furthermore, If You Grant A License For The Use Of The Domain Registered In Your Name To A Third Party, You Still Retain The Status Of The Domain Holder Of Record. This Means You Are Responsible For Rigorous Adherence To This Registration Agreement, Including But Not Limited To Fulfilling Payment Obligations And Providing, As Necessary, Accurate Registration Information And Additional Registration Information. Additionally, You Assume Liability For Any Actions Of The Licensee Using The Domain Unless You Promptly Disclose The Current Contact Information Provided By The Licensee And The Identity Of The Licensee To Any Party Providing Reasonable Evidence Of Actual Harm.
In The Event That, While Registering The Domain, You Are Providing Information Related To A Third Party, You Hereby Represent And Warrant That You Have (A) Duly Notified That Third Party Of The Disclosure And Use Of Their Information As Specified In This Registration Agreement, And (B) Obtained Explicit Consent From That Third Party For The Disclosure And Use Of Their Information As Outlined In This Registration Agreement. Moreover, You Affirm That, To The Best Of Your Knowledge And Belief, Neither The Registration Of The Domain Nor The Manner In Which It Is Directly Or Indirectly Used Infringes Upon The Legal Rights Of Any Third Party. You Further Represent And Warrant That All Information Provided By You In Connection With Your Domain Registration Is Accurate.
13.1. Indemnification Of The Company: You Shall Indemnify, Hold Harmless, And Defend Cloudbina And Its Subsidiary And Parent Entities, Predecessors, Successors, Affiliates, And Assigns, The Registry Administrators, And All Of Their Respective Current And Former Officers, Directors, Members, Shareholders, Agents, And Employees (Collectively, The "Indemnified Parties") From Any And All Claims. "Claim" Refers To Any Action, Cause Of Action, Suit, Proceeding, Claim, Or Demand Of Any Third Party, And All Judgments, Bona Fide Settlements, Penalties, Damages, Losses, Liabilities, Costs, And Expenses, Including Reasonable Attorneys' Fees And Costs, Arising From The Following:
"Reasonable Attorneys' Fees And Costs," As Used In This Section 13, Includes Fees And Costs Incurred To Interpret Or Enforce This Section 13. Cloudbina May, At Its Expense, Engage Separate Counsel To Monitor And Participate In The Defense Of Any Claim. Cloudbina Will Provide You With Reasonably Prompt Notice Of Any Claim.
13.2. Indemnification Of ICANN And Registry Operators: You Agree To Indemnify, Defend, And Hold Harmless ICANN, Registry Operator(S), And Their Respective Subcontractors, Shareholders, Directors, Officers, Employees, Affiliates, And Agents From Any And All Claims, Damages, Liabilities, Costs, And Expenses, Including Reasonable Attorneys' Fees And Costs And Any Other Expenses Arising From Or Related To Your Domain Registration And Any Disputes Concerning The Same. Some Registry Operators May Not Permit This Indemnification Provision To Apply As Contained Herein; In Such Cases, This Provision Is Effective To The Full Extent Permitted By Applicable Law.
13.3. Survival Of Indemnification Obligations: These Indemnification Obligations Shall Continue To Be In Effect Even After The Termination Or Expiration Of This Registration Agreement.
14.1. Disclaimer Of Warranty: Cloudbina Makes No Representations Or Warranties Of Any Kind, Express Or Implied, In Connection With This Registration Agreement Or Any Of Its Services, Including But Not Limited To Implied Warranties Of Merchantability Or Fitness For A Particular Purpose, Or Non-Infringement. Furthermore, Without Limitation, Cloudbina Makes No Representations Or Warranties Of Any Kind That Registration Or Use Of A Domain Under This Registration Agreement Will Prevent Challenges To Your Domain Registration Or Prevent Suspension, Cancellation, Or Transfer Of Any Domain Registered To You.
14.2. Limitation Of Liability: You Acknowledge And Agree That Cloudbina And The Indemnified Parties, As Defined In Section 12(A) Of This Registration Agreement, Will Not Be Liable For The Following:
Cloudbina And The Indemnified Parties Will Also Not Be Liable For Any Indirect, Special, Incidental, Or Consequential Damages Of Any Kind, Including Lost Profits, Regardless Of The Form Of Action, Whether In Contract, Tort (Including Negligence), Or Otherwise, Even If Cloudbina Or Any Of The Indemnified Parties Has Been Advised Of The Possibility Of Such Damages. In No Event Shall Cloudbina's Or Any Of The Indemnified Parties' Maximum Aggregate Liability Exceed The Total Amount Paid By You For The Registration Of The Domain That Is At Issue For The Then-Current Registration Period.
15.1. Term: This Registration Agreement Commences On The Day You Accept It And Remains In Effect Until One Of The Following Occurs: (A) Your Domain Registration Is Canceled; (B) Your Domain Is Transferred To A Third Party; Or (C) Your Domain Expires Or Is Terminated In Accordance With Section 15(C) Below (Collectively, "Termination"). Your Obligation To Pay Any Fees Or Other Amounts Under This Agreement That Arose Prior To The Expiration Or Other Termination Of This Registration Agreement Shall Survive Any Such Expiration Or Termination.
15.2. Domain Suspension, Cancellation, Or Transfer: You Acknowledge And Agree That Your Domain Registration Is Subject To Suspension, Cancellation, Or Transfer (Referred To As "Cancellation") For The Following Reasons: (A) To Correct Mistakes Made By Cloudbina, Another Registrar, Or A Registry Administrator In Administering The Domain Name; Or (B) To Resolve Disputes Concerning The Domain Pursuant To An ICANN Policy Or Procedure. It Is Your Responsibility To Verify If Any Domain Infringes On Anyone Else's Rights Before Registration. If The Domain You Have Registered Is Found To Be Infringing On Another Person's Rights, Determined At Cloudbina's Discretion, Cloudbina Has The Right To Cancel Your Registration Immediately. If You Are In Willful Violation Of Our Agreement, You Will Not Be Entitled To Any Refund. You Also Agree That Cloudbina Shall Have The Right, In Its Sole Discretion, To Suspend, Cancel, Transfer, Or Otherwise Modify A Domain Registration Upon Up To Seven (7) Calendar Days' Notice Or After Cloudbina Receives A Properly Authenticated Order From A Court Of Competent Jurisdiction, Or Arbitration Award, Requiring The Suspension, Cancellation, Transfer, Or Modification Of The Domain Registration.
15.3. Termination: Cloudbina Reserves The Right To Suspend, Cancel, Transfer, Or Modify Your Domain Registration If: (A) You Materially Breach This Registration Agreement (Including The Dispute Policy) And Do Not Cure Such Breach Within Ten (10) Days Of Notice From Cloudbina; (B) You Use The Domain To Send Unsolicited Email, In Violation Of This Registration Agreement Or Applicable Laws.
16.1. Personal Data: Cloudbina Respects Your Privacy. Our Privacy Notice Is An Essential Part Of This Registration Agreement, And We Encourage You To Read It By Clicking Here. By Agreeing To This Registration Agreement, You Confirm That You Have Provided Cloudbina's Privacy Notice To Anyone Whose Personal Data You Share With Us And Have Obtained Their Consent.
16.2. Governing Law And Jurisdiction: The Governing Law And Jurisdiction For This Registration Agreement Are As Follows:
16.3. Arbitration: Your Use Of Our Services Is Also Subject To The Following:
16.4. Notices: Any Notices That Cloudbina Is Required To Send To You Under This Registration Agreement Will Be Considered Delivered When Sent To The Contact Information You Provided.
16.5. Independent Relationship: Cloudbina And You Are Independent Contractors, And Nothing In This Registration Agreement Establishes A Principal-Agent, Partnership, Or Joint Venture Relationship Between Cloudbina And You. Neither Party Has The Authority, Express Or Implied, To Make Contracts Or Agreements In The Other Party's Name Or To Obligate Or Bind The Other Party In Any Manner.
16.6. No Waiver: The Failure Or Delay Of Any Party To Exercise Any Right Or Remedy Under This Agreement Will Not Constitute A Waiver Of That Right Or Remedy. No Waiver Of Any Breach Or Default In The Terms And Conditions Of This Agreement Will Constitute A Waiver Of Any Subsequent Breach Or Default.
16.7. Severability: If Any Provision Or Portion Of A Provision In This Registration Agreement Is Determined To Be Illegal, Invalid, Or Unenforceable By A Court Of Competent Jurisdiction, The Remaining Provisions And Portions Will Remain In Full Force And Effect, Representing The Agreement Between The Parties Regarding The Subject Matter.
16.8. Assignment: You May Not Assign Or Transfer This Registration Agreement Or Your Rights And Obligations Herein Without The Prior Written Consent Of Cloudbina Or Compliance With ICANN's Policies. Any Attempted Assignment In Violation Of This Provision Will Be Null And Void. Cloudbina Reserves The Right To Assign Its Rights And Obligations Under This Registration Agreement And May Engage Subcontractors Or Agents Without Your Consent. Cloudbina May Also Transfer Your Domain Name Between Accredited Registrars As Permitted By ICANN, Registry Rules, Or Applicable Law.
16.9. Intellectual Property: Except For Your Content (As Defined Above), All Content Available Through Our Services, Including Designs, Text, Graphics, Images, Video, Information, Software, Audio, And Other Files, And Their Selection And Arrangement, And All Software Used To Provide The Services (Collectively, "Cloudbina Content"), Are The Proprietary Property Of Cloudbina. You May Not Modify, Copy, Distribute, Reproduce, Republish, Download, Display, Post, Or Exploit Cloudbina Content, Except As Expressly Permitted In This Registration Agreement. Any Use Of Cloudbina Content Not Authorized Herein Is Prohibited And Will Automatically Terminate Your Rights With Respect To The Use Of Our Services And Cloudbina Content.
16.10. Entire Agreement: This Registration Agreement, Along With Any Attachments And Documents Referenced Herein, Including Applicable Dispute Policies (As Modified From Time To Time), Constitutes The Complete And Exclusive Agreement Between You And Cloudbina. It Supersedes And Governs All Prior Proposals, Agreements, Or Other Communications Regarding The Subject Matter Hereof.
16.11. ADDITIONAL REGISTRY REQUIREMENTS: Your Acceptance Of This Agreement Confirms That You Have Read, Understand, Acknowledge, And Agree To Be Bound By All Agreements, Guidelines, Policies, Practices, Procedures, Registration Requirements, And Operational Standards Of The TLDs In Which You Register Any Domain. To Review The Registry Policies For The TLD In Which You Wish To Register A Domain Name, Please Refer To The Applicable Registry's Website.