Internet and Domain Present Terms

Public DNS Services

LAST MODIFIED: ​March 8, 2018

SmartPath Technologies, LLC, (hereafter “SmartPath Technologies, LLC” or “SmartPath”), provides the service (“ SERVICE” or “SmartPath Technologies, LLC service”) subject to the terms and conditions set forth in this Terms Of Service (hereafter “TOS”) along with the Warranty, Indemnification, and the Legal Disclaimer which is specifically incorporated by reference into this TOS.

Acceptance of Terms

By using SmartPath Technologies, LLC products, software, services or web sites, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time.

Definition of Terms

“SERVICE”​ means the SmartPath Technologies, LLC internet-based web service that provides DNS hosting and other Internet related services that consist of (but are not limited to) DNS Hosting, Dynamic DNS, Monitoring, Web performance Optimization, URL redirection, email services, API, the web based control panel through which individual services are configured and managed, and the support sites through which support is provided.

“CLIENT”​ means the individual, company, or legal entity that is using or registering to use the Services, including its employees and agents.

“USER”​ means the individual that creates and/or has access to manage or maintain configurations and services within a SmartPath Technologies, LLC ACCOUNT.

Every ACCOUNT has a primary USER that is the main point of contact and representative of the CLIENT.

“DNS DOMAIN”​ an internet domain name to which SmartPath Technologies, LLC provides DNS services.

“INDIVIDUAL SERVICE”​ means a single individual service which is a part of the SERVICE. “ACCOUNT” means the set of INDIVIDUAL SERVICES purchased and configured by a​        CLIENT.

ACCEPTANCE OF TERMS: Every USER must agree to enter into this Agreement before​         accessing the SERVICE. If an individual enters this Agreement on behalf of a company or other legal entity, such individual represents that he or she has the authority to bind such entity to this Agreement.

OWNERSHIP & CONTENT: SmartPath Technologies, LLC and/or its suppliers wholly own all articles,​               illustrations, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, and materials comprising SmartPath Technologies, LLC.

PRIVACY POLICY: The information we obtain through your use of the SERVICE, including​    your data, is subject to our Privacy Policy, which is specifically incorporated by reference into this TOS.

CHANGE OF SERVICES: SmartPath Technologies, LLC reserves the right to change SERVICE offerings at​         any time. SmartPath Technologies, LLC reserves the right to limit an INDIVIDUAL SERVICE that may have been “unlimited” or had higher limits previously. Fees are subject to be increased or decreased by SmartPath Technologies, LLC from time to time, in its sole and absolute discretion. CLIENT may terminate the service without penalty, following the process set forth in the “Termination of Service” section below, upon notification of any fee increases imposed by SmartPath Technologies, LLC that is unacceptable to CLIENT. These changes can be caused but not limited to increase in network / support costs that the SmartPath Technologies, LLC services take to operate.

TERMINATION OF SERVICE: The CLIENT may terminate this agreement and rights to use​    the SERVICE by contacting SmartPath Technologies, LLC, as set forth in the Payment, Refund and Cancellation Policy. CLIENT request to terminate SERVICE may result in loss of fees paid unless CLIENT terminates service due to lack of Service Availability as set forth in the Service Level Agreement. To cancel an ACCOUNT with SmartPath Technologies, LLC the ACCOUNT holder must send their request in writing to SmartPath Technologies, LLC through support ticket and delete all configured services in the SmartPath Technologies, LLC control panel. Canceling the

ACCOUNT or removing an INDIVIDUAL SERVICE or DNS DOMAIN from an ACCOUNT does not remove the financial responsibility of the CLIENT for usage or costs incurred by SmartPath Technologies, LLC from the prior usage of SERVICE.

Any ACCOUNT that is not in good standing may be subject to SERVICE termination at any time for any reason. An ACCOUNT in good standing is defined as a paid non-trial ACCOUNT with SmartPath Technologies, LLC and which has no overdue invoices. ACCOUNT found to be using a fraudulent payment method (or methods) or have been accessed from a SmartPath Technologies, LLC known fraudulent network will be considered an ACCOUNT not in good standing.

If a DNS Domain or Individual Service under an Account is in material Violation of This TOS then the ACCOUNT contact will be notified and be provided a period of time to address the issue. The amount of time provided to CLIENT to address an issue is set by SmartPath Technologies, LLC on the evaluation of the seriousness of the violation on a case-by-case basis. ACCOUNTs with a TOS violation found to have invalid contact information will be immediately terminated.

If multiple DNS DOMAINS or INDIVIDUAL SERVICEs are in material violation of the TOS or the ACCOUNT has a history of TOS violations then the full ACCOUNT may be suspended or terminated upon SmartPath Technologies, LLC management review. The suspension or termination of a full ACCOUNT is decided on a case-by-case basis and is determined at the sole discretion of SmartPath Technologies, LLC. If the ACCOUNT has an instance of material TOS violation then an extra administrative fee may be assessed (billed at a minimum of $150 USD per hour) to the ACCOUNT at the sole discretion of SmartPath Technologies, LLC.

During any such suspension or termination of the INDIVIDUAL SERVICE or SERVICE the

CLIENT shall remain liable for all fees, charges and any other obligations. CLIENT of SmartPath Technologies, LLC continues to be responsible for all fees, charges, and any other obligations that could continue to accrue during the suspension or termination period.

SmartPath Technologies, LLC may terminate your account or access rights to all SERVICE for online conduct that SmartPath Technologies, LLC believes may cause imminent harm to the rights, property or safety of SmartPath Technologies, LLC, its CLIENTs, USERs, or the public.

If due invoices or services to be billed for an ACCOUNT exceeds ten times annual renewal of the ACCOUNT then payment of invoices or to be billed services will be due within 72 hours. SmartPath Technologies, LLC may at its sole discretion terminate the full ACCOUNT if the cost of the open invoices or services to be billed exceeds ten times a full year of the ACCOUNT renewal fee.

Prohibited Uses of the Service

This a non-exclusive list of the actions prohibited by SmartPath Technologies, LLC. Since SmartPath Technologies, LLC does not pre-screen clients, SmartPath Technologies, LLC reserves the right to terminate services at its sole and absolute discretion. SmartPath Technologies, LLC reserves the right to modify this list at any time, effective upon posting. These prohibited activities, action, or uses of the SERVICE are prohibited to help protect SmartPath Technologies, LLC, SmartPath Technologies, LLC’s CLIENTs and the Internet community in general from irresponsible or, in some cases, illegal activities.

Any ACCOUNT found to be engaged in any of these prohibited uses is in violation of this agreement and is subject to the TERMINATION OF SERVICE statement in this TOS.

• SmartPath Technologies, LLC will not provide SERVICE to any domain that is used in an IRC service of any type.
• SmartPath Technologies, LLC reserves the right to decline service to any domain that has a history of being the target of DNS DDoS attacks. Client must request SmartPath Technologies, LLC approval before being added to SmartPath Technologies, LLC. Requests for approval may be sent to: sales@dnsmadeeasy.com​ .​
• SmartPath Technologies, LLC strictly prohibits the use of SERVICE by any domain used for Minecraft, copyrighted by Mojang, gaming services or forums. Any domain hosting any type of content related to Minecraft, excluding the aforementioned gaming services or forums, that has ever been the target of a DNS DDoS attack is also strictly prohibited.
• All domains in our system must have correct and lawful WHOIS entries / listings. SmartPath Technologies, LLC cannot be used to hide your true identity or hide illegal activities.
• If inaccurate CLIENT information is entered in the SmartPath Technologies, LLC control panel then the ACCOUNT is considered abusive and will be suspended and terminated without refund.
• The sending by CLIENT of any form of Unsolicited Bulk Email (UBE, spam) through SmartPath Technologies, LLC SERVICE is prohibited. Likewise, posting bulk Usenet articles or the sending of UBE through another service provider advertising a web site, email address or utilizing any resource using the SmartPath Technologies, LLC SERVICE, is prohibited. SmartPath Technologies, LLC ACCOUNT or SERVICE may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this TOS or that of the other provider.
• CLIENT or domains of ACCOUNT can never be used for denial of service attacks of any kind.
• Misrepresentation of any service or product including SmartPath Technologies, LLC SERVICE.
• Actions causing loss or creating service degradation for SmartPath Technologies, LLC or other SmartPath Technologies, LLC CLIENTs whether intentional or inadvertent.
• The act of reselling or attempting to resell a SmartPath Technologies, LLC ACCOUNT. This means that you cannot purchase an account of 50 domains and sell it to 50 different people and give each one the same username and password for the ACCOUNT.
• Multiple ACCOUNTs cannot be created and / or used by a CLIENT to spread traffic for INDIVIDUAL SERVICEs across the ACCOUNTs. Usage for a DNS DOMAIN or INDIVIDUAL SERVICE can be counted in any and all ACCOUNTs that have had the DNS DOMAIN or INDIVIDUAL SERVICE in the ACCOUNT for that month. CLIENTs who are found creating multiple ACCOUNTs to circumvent our quota systems will have all of their ACCOUNTs terminated immediately without notice and without refund.
• Attempts to use SmartPath Technologies, LLC services to gain unauthorized access to other computer systems are prohibited.

SERVICE LEVEL REQUIREMENTS: All gambling, betting, pornography, escort, or adult oriented sites are required to be under the current Corporate Membership and must have approval from SmartPath Technologies, LLC management prior to being created on the SmartPath Technologies, LLC SERVICE.

CUSTOMER CONDUCT: The CLIENT is solely responsible for the contents of his/her usage​  of SERVICE. CLIENT use of the SERVICE is subject to all applicable local, state, national, and international laws and regulations. The CLIENT agrees

1. to comply with US and International law regarding the transmission of technical data exported from the United States through the SERVICE;
2. not to use the SERVICE for illegal purposes;
3. not to interfere with or disrupt networks connected to the SERVICE;
4. to ensure that their use of the SERVICE complies with this TOS;

Miscellaneous

SUPPORT OF SERVICE: SmartPath Technologies, LLC will provide excellent customer service support​            for the SmartPath Technologies, LLC SERVICE as defined in our Support Policy which is specifically incorporated by reference into this TOS.

CUSTOMER COMPLAINT: All formal complaints must be in accordance to our Complaints​  Policy which is specifically incorporated by reference into this TOS.

SEVERABILITY: The titles and heading of this agreement are for ease of reference only​        and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this TOS shall be construed for all purposes to be a separate and independent covenant or agreement. If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible.

REVISIONS EFFECTIVE UPON POSTING: All revisions to this Agreement and additional​          policies shall be effective immediately upon posting of such revisions to SmartPath Technologies, LLC’s website. It is the user’s responsibility to check the Policies website page regularly for changes to this Agreement or additional policies. For your convenience, a “last modified on” date will be at the top of this document.

CONTINUED USE CONSTITUTES ACCEPTANCE OF REVISED TERMS: By continuing to use​      Services after the effective date of any revisions to this Agreement or additional policies, the user agrees to be bound by the revised Agreement or additional policies.

Warranty, Indemnification, and Legal Disclaimer

ACCEPTANCE OF TERMS: Users/registrants of SmartPath Technologies, LLC Service or DNS​               registration through SmartPath Technologies, LLC accept the terms of this Disclaimer. SmartPath Technologies, LLC reserves the right to modify this Disclaimer at any time without notification to the user.

RIGHT TO DENY OR ACCEPT USERS/REGISTRANTS: SmartPath Technologies, LLC reserves the right to​            accept or deny any individual or group registration of SmartPath Technologies, LLC service without explanation or cause. SmartPath Technologies, LLC reserves the right to accept or deny any individual or group the use of SmartPath Technologies, LLC services if there is a chance that their actions may negatively impact other SmartPath Technologies, LLC users. SmartPath Technologies, LLC does not need to provide proof or reason of such denial of services to the group or organization.

WARRANTY: ​ SMARTPATH TECHNOLOGIES, LLC IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY​

KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

All individuals associated with SmartPath Technologies, LLC service do not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed on this website as well as websites registered with SmartPath Technologies, LLC.

WITHOUT LIMITATION: SmartPath Technologies, LLC does not warrant or review the accuracy of any​           DNS or other information related to the SmartPath Technologies, LLC service or website.

WITHOUT LIMITATION: SmartPath Technologies, LLC does not warrant any merchandise, opinions, or​         actions which are represented on SmartPath Technologies, LLC’s website, link(s), button(s), or banner(s).

WITHOUT LIMITATION: SmartPath Technologies, LLC does not warrant any merchandise, opinions, or​         actions which are represented by users/registrants of SmartPath Technologies, LLC’s service, website, link(s), button(s), or banner(s).

ALL SALES FOR SERVICES / MERCHANDISE ARE FINAL

SmartPath Technologies, LLC / will not issue a refund of any kind. Once you have posted your transaction you have agreed to pay for the services / merchandise offered and accept the services / merchandise as is.

INDEMNITY AND DISCLAIMER OF LIABILITY: You agree that access to and use of SmartPath Technologies is at your own risk and neither SmartPath Technologies, LLC, nor its principals, nor its vendor domain name Registrars, if any, shall be liable for any claims, liabilities, losses, damages, costs or expenses of any kind arising from or related to either your use of SmartPath Technologies, LLC or any action or omission of SmartPath Technologies, LLC in providing the SmartPath Technologies, LLC service including but not limited to, your access to SmartPath Technologies, LLC’s services, vendor domain name Registrars, if any, through SmartPath Technologies, LLC’s web site text, link(s), button(s) or banner(s). You further agree to indemnify and hold SmartPath Technologies, LLC and its principals harmless from and with respect to any and all claims, liabilities, losses, damages, costs and expenses, joint or several, under statute, common law or otherwise, arising out of, based upon or in connection with access, use, inability to use or misuse of the Service.

If SmartPath Technologies, LLC is sued or threatened with a lawsuit from a third party because of your use of our services, ACCOUNT agrees to reimburse SmartPath Technologies, LLC for our costs to satisfy a judgment or settle a lawsuit. ACCOUNT is also liable to pay SmartPath Technologies, LLC attorney fees and any and all costs associated with a lawsuit arising from your use of the service. Users/registrants of SmartPath Technologies, LLC must indemnify SmartPath Technologies, LLC of any and all liability for claims made against the zones for which the DNS service is providing name service.

By using this service, users/registrants are claiming to SmartPath Technologies, LLC that they (1) own the zones that they are registering, (2) use resources that they have the right to use in this manner (for example, IP address space), (3) not using resources that they do not have the right to use, (4) not violate any applicable laws and that if such violations occur, these violations are the sole responsibility of the registrant and not SmartPath Technologies, LLC.

Domain Name Registration

Last Revised: 2/9/2021

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between SmartPath Technologies, LLC, ("SmartPath Technologies, LLC") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

The terms “we”, “us” or “our” shall refer to SmartPath Technologies, LLC. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. MODIFICATION OF AGREEMENT, SITE OR SERVICES

SmartPath Technologies, LLC may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, SmartPath Technologies, LLC may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. SmartPath Technologies, LLC assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, SmartPath Technologies, LLC may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. SMARTPATH TECHNOLOGIES, LLC RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

3. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, SmartPath Technologies, LLC finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. SmartPath Technologies, LLC shall not be liable for any loss or damage resulting from SmartPath Technologies, LLC’s reliance on any instruction, notice, document or communication reasonably believed by SmartPath Technologies, LLC to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, SmartPath Technologies, LLC reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

4. YOUR ACCOUNT

In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to SmartPath Technologies, LLC that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If SmartPath Technologies, LLC has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, SmartPath Technologies, LLC reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, SmartPath Technologies, LLC recommends that you change your password and shopper PIN at least once every six (6) months for each Account. You must notify SmartPath Technologies, LLC immediately of any breach of security or unauthorized use of your Account. SmartPath Technologies, LLC will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss SmartPath Technologies, LLC or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

5. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

1. Your use of this Site and the Services , including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
3. You will not use this Site or the Services in a manner (as determined by SmartPath Technologies, LLC in its sole and absolute discretion) that:
   • Is illegal, or promotes or encourages illegal activity;
   • Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
   • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
   • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
   • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
   • Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
   • Infringes on the intellectual property rights of another User or any other person or entity;
   • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
   • Interferes with the operation of this Site or the Services found at this Site;
   • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
   • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding SmartPath Technologies, LLC or SmartPath Technologies, LLC’s Services.
   • You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
4. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by SmartPath Technologies, LLC.
5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
6. You will not access SmartPath Technologies, LLC Content (as defined below) or User Content through any technology or means other than through this Site itself, or as SmartPath Technologies, LLC may designate.
7. You agree to back-up all of your User Content so that you can access and use it when needed. SmartPath Technologies, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
8. You will not re-sell or provide the Services for a commercial purpose, including any of SmartPath Technologies, LLC's related technologies, without SmartPath Technologies, LLC's express prior written consent.
9. You will not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any SmartPath Technologies, LLC Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the SmartPath Technologies, LLC Content or the User Content therein.
10. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
11. You are aware that SmartPath Technologies, LLC may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether SmartPath Technologies, LLC asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which SmartPath Technologies, LLC is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of SmartPath Technologies, LLC that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from SmartPath Technologies, LLC. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of SmartPath Technologies, LLC that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from SmartPath Technologies, LLC. Message and data rates may apply.
12. Without limiting any of the rights set forth elsewhere in this Agreement, SmartPath Technologies, LLC expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any SmartPath Technologies, LLC policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by SmartPath Technologies, LLC in its sole and absolute discretion).
13. If your purchase or account activity shows signs of fraud, abuse or suspicious activity, SmartPath Technologies, LLC may cancel any service associated your name, email address or account and close any associated SmartPath Technologies, LLC accounts. If you conducted any fraudulent activity, SmartPath Technologies, LLC reserves the right to take any necessary legal action and you may be liable for monetary losses to SmartPath Technologies, LLC including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact SmartPath Technologies, LLC Care.

6. USER CONTENT

Some of the features of this Site or the Services, including those Services that are hosted with SmartPath Technologies, LLC, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is consider User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to SmartPath Technologies, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate SmartPath Technologies, LLC to treat your User Submissions as confidential or secret, that SmartPath Technologies, LLC has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that SmartPath Technologies, LLC may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

SmartPath Technologies, LLC shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize SmartPath Technologies, LLC to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant SmartPath Technologies, LLC a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and SmartPath Technologies, LLC's (and SmartPath Technologies, LLC’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that SmartPath Technologies, LLC may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, SmartPath Technologies, LLC shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or SmartPath Technologies, LLC’s (or SmartPath Technologies, LLC’s affiliates’) business(es). If you have a website or other content hosted by SmartPath Technologies, LLC, you shall retain all of your ownership or licensed rights in User Content.

7. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

8. PRODUCT CREDITS

In the event you are provided with a product credit (“Credit”), whether for redemption of the purchase of a specific product or for free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid for one (1) year and is only available with a valid purchase and may be terminated in the event the product purchased is deleted, cancelled, transferred or not renewed. The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account or by contacting customer service. In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on SmartPath Technologies, LLC's website and is not subject to any promotion, discount, or other reduction in price. For Credits issues for free with another Purchased Product, you acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion.

10. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

SmartPath Technologies, LLC generally does not pre-screen User Content (whether posted to a website hosted by SmartPath Technologies, LLC or posted to this Site). However, SmartPath Technologies, LLC reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. SmartPath Technologies, LLC may remove any item of User Content (whether posted to a website hosted by SmartPath Technologies, LLC or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by SmartPath Technologies, LLC in its sole and absolute discretion), at any time and without prior notice. SmartPath Technologies, LLC may also terminate a User’s access to this Site or the Services found at this Site if SmartPath Technologies, LLC has reason to believe the User is a repeat offender. If SmartPath Technologies, LLC terminates your access to this Site or the Services found at this Site, SmartPath Technologies, LLC may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

11. DISCONTINUED SERVICES; END OF LIFE POLICY

SmartPath Technologies, LLC reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although SmartPath Technologies, LLC makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by SmartPath Technologies, LLC, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, SmartPath Technologies, LLC will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by SmartPath Technologies, LLC in its sole and absolute discretion. SmartPath Technologies, LLC may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by SmartPath Technologies, LLC in its sole and absolute discretion, SmartPath Technologies, LLC will not be required to offer a comparable feature or functionality for the Service or a refund.

No Liability. SmartPath Technologies, LLC will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

12. BETA SERVICES

From time to time, SmartPath Technologies, LLC may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) SmartPath Technologies, LLC reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) SmartPath Technologies, LLC may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience; (viii) You acknowledge and agree that SmartPath Technologies, LLC may track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Beta Services; (ix) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to SmartPath Technologies, LLC; (x) The Beta Services are provided “as is”, “as available”, and “with all faults”.

You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by SmartPath Technologies, LLC. To the fullest extent permitted by law, SmartPath Technologies, LLC disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

13. NO SPAM; LIQUIDATED DAMAGES

No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

1. Email Messages
2. Newsgroup postings
3. Windows system messages
4. Pop-up messages (aka "adware" or "spyware" messages)
5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
6. Online chat room advertisements
7. Guestbook or Website Forum postings
8. Facsimile Solicitations
9. Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web. Web: report abuse.

Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

14. TRADEMARK AND/OR COPYRIGHT CLAIMS

SmartPath Technologies, LLC supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to SmartPath Technologies, LLC’s Trademark and/or Copyright Infringement Policy referenced above and available here.

15. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by SmartPath Technologies, LLC. SmartPath Technologies, LLC assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, SmartPath Technologies, LLC does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release SmartPath Technologies, LLC from any and all liability arising from your use of any third-party website. Accordingly, SmartPath Technologies, LLC encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

16. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. SMARTPATH TECHNOLOGIES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SMARTPATH TECHNOLOGIES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND SMARTPATH TECHNOLOGIES, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SMARTPATH TECHNOLOGIES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

17. LIMITATION OF LIABILITY

IN NO EVENT SHALL SMARTPATH TECHNOLOGIES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SMARTPATH TECHNOLOGIES, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

Website Hosting

TERM, TERMINATION, AND SUSPENSION

3.1 The term of this Agreement ("Term") will commence, and you may begin using the Services, once you agree to the terms and conditions of this Agreement by clicking the "Accept" button and complete the registration process for your account. The Agreement will remain in effect until terminated by you or us in accordance with this Section 3.

3.2 We may suspend your right and license to use any or all Paid Services, or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason, at ou r discretion at any time by providing you thirty (30) days' advance notice in accordance with the notice provisions set forth in Section 15 below.

3.4 We may suspend your Services, or terminate this Agreement in its entirety (and, accordingly, your right to us e all Services), for cause effective as set forth below:

3.4.1 Immediately, with or without notice, in SmartPath Technologies, LLC Cloud  s sole discretion, if:

(a) you attempt a denial of service attack on any of the Services;

(b) you seek to hack or break any security mechanism on any of the Services or we otherwise believe, in our sole discretion, that your use of the Services poses a security or service risk to us, to any user of services offered by us, to any third - party sellers on any of our websites, or to any of our or their respective customers or may subject us or any third party to liability, damages or danger;

(c) you otherwise use the Services in a way that disrupts or threatens the Services;

(d) if you are in default of any payment obligation with respect to any of the Services or if any payment method you have provided to us is invalid or charges are refused for such payment method;

(e) we determine, in our sole discretion, there is an over use or increase in your use of the Services;

(f) we determine, in our sole discretion, there is evidence of fraud with respect to your account;

(g) you use any of the SmartPath Technologies, LLC Cloud  Content (as defined in Section 6.1) or Marks (as defined in Section 6.2) other than as expressly permitted herein;

(h) we receive notice or we otherwise determine, in our sole discretion, that you may be using SmartPath Technologies, LLC Cloud  Services for any illegal purpose or in a way that breaches the law or breaches, infringes, or misappropriates the rights of any third party;

(i) we determine, in our sol e discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason;

(j) if you are in breach of the AUP;

(k) we determine, in our sole discretion, that you are in breach of any of your representations or warranties as set forth in Section 11 of these terms; or

(l) if you breach any other provision of this Agreement, as determined by us in our sole discretion.

3.4.2 Subject to applicable law, your Services shall terminate automatically, without notice to you, upon your liquidation, commencement of dissolution proceedings, disposal of your assets, failure to continue your business, assignment for the benefit of creditors, or if you become the subject of a voluntary or involuntary bankruptcy or similar proceeding.

3.5 Effect of Suspension or Termination.

3.5.1 Upon suspension of your Services, , for any reason, (a) fees will continue to accrue for any Services that are still in use by you, notwithstanding the suspension; (b) you remain liable for all fees, charges, and any other obligations you have incurred through the date of suspension with respect to the Services; and (c) all of your rights with respect to the applicable Services shall be terminated during the period of th e suspension.

3.5.2 Upon termination of this Agreement for any reason: (a) you remain liable for all fees, charges, and any other obligations you have incurred through the date of termination with respect to the Services; (b) all of your rights under this Agreement shall immediately terminate; and (c) you shall immediately return, or if instructed by us, destroy all SmartPath Technologies, LLC Cloud  Confidential Information (as defined in Section 9 below) then in your possession.

3.7 Data Preservation in the Event of Suspension or Termination.

3.7.1 In the event of a suspension by us to your Services for any reason other than a for cause suspension under Section 3.4.1, during the period of suspension, (a) we will not take any action to erase any of your data stored on the Services and (b) applicable Service data storage and other charges will continue to accrue for 30 days.

3.7.2 In the event of any termination by us of any Service or any set of Services, or termination of this Agreement in its entirety, other than a for cause termination under Section 3.4.1, (a) we will not take any action to erase any of your data stored on the Services for a period of thirty (30) days after the effective date of termination; and (b) your post - termination retrieval of data stored on the Services will be condition ed on your payment of Service data storage charges for the period following termination, payment in full of any other amounts due us, and your compliance with terms and conditions we may establish with respect to such data retrieval.

3.7.3 Except as provided in Sections 3.7.1 and 3.7.2 above, we shall have no obligation to continue to store your data during any period of suspension or termination or to permit you to retrieve the same.

3.8 Following the suspension or termination of your right to use the Services by us or by you for any reason other than a for cause termination (i.e., a termination under Section 3.2 or under Section 3.3), you shall be entitled to take advantage of any post termination assistance we may generally make available with respect to the Services, such as data retrieval arrangements we may elect to make available. We may also endeavor to provide you unique post - suspension or post - termination assistance, but we shall be under no obligation to do so. Your right to take advantage of any such assistance, whether generally made available with respect to the Services or made available uniquely to you, shall be conditioned upon your acceptance of and compliance with any fees and terms we specify for such assistance.

3.9 Notwithstanding the foregoing, after suspension or termination of your right to use the Services, and the expiration of any time periods set forth in Sections 3.7.1 or 3.7.2, you will no longer have access to your account, and your data, including but not limited to e - mails, log files, datab ases, or other data files associated with your account, will be deleted. Without limitation to Section 11.5, and notwithstanding the provisions of Sections 3.7.1 and 3.7.2, SmartPath Technologies, LLC Cloud  accepts no liability for deleted data or content, and does no t warrant or represent that you will be able to access, download, or recover such data or content after termination for any reason.

4. AUTHORIZATION AND LICENSE TO USE THE SERVICES

Subject to your acceptance of and compliance with this Agreement and with the payment requirements for the Services that are set forth on the applicable Service detail page on the SmartPath Technologies, LLC Cloud  website (as such payment terms may be updated from time to time), we hereby grant you a limited, non - exclusive, non - transferable, non - sublicensable right and license, in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement.

4.1 Permitted Uses Generally

4.1.1 You may write or develop software, websites, or other online services or technology that you store in, or that interface with, the Services (collectively "Applications"). Applications include machine images containing software applications, libraries, data, and associated configuration settings. You acknowledge that we may change, discontinue, or republish application programming interfaces (APIs) (as defined in Section 6.1 below) for any Service or feature of a Service from time to time, and that it is your responsibility to ensure that calls you make to any Service are compatible with then current APIs for the Service. You further acknowledge that we may change or remove features or functionality of the Services at any time.

4.1.2 You may enable access and use of Your Content by your end users in accordance with the terms of this Agreement. "Your Content" means any Application, data, or other content that you may (a) provide to us pursuant to this Agreement, (b) make available to any end users in conjunction with the Services, or (c) develop or use in connection with the Services. You are responsible for all terms and conditions, privacy policies, and other legal documents and requirements applicable to Your Content.

4.1.3 You may make network calls or requests to the Services at any time that the Services are available, provided that, unless otherwise set forth in the Service Terms applicable to any Service, you (or if you build and release an Application, each installed copy of you r Application) may not exceed the limitations and specifications (if any) set forth in the Service Terms for any particular Service.

4.2 Restricted Uses Generally

4.2.1 You may not interfere or attempt to interfere in any manner with the functionality or proper working of the Services.

4.2.2 You may not compile or use the SmartPath Technologies, LLC Cloud  services or any other information obtained through the Services for the purpose of spamming, unsolicited contacting of sellers or customers, or other impermissible advertising, marketing, or other activities, including, without limitation, any activities that violate SmartPath Technologies, LLC Cloud  's anti - spamming policies and regulations.

4.2.3 You may not remove, obscure, or alter any notice of any Mark, or other intellectual property or proprietary right designation appearing on or contained within the Services.

4.2.4 Subject to the terms and conditions of this Agreement, you may generally publicize your use of the Services; however, you may not issue any press release with respect to the Services or this Agreement without our prior written consent.

Unless otherwise stated in the applicable Service Terms, you may only create one account per e - mail address. When you complete the account creation process, you will be issued unique account identifiers ("Account Identifiers"). Account Identifiers (a) identify your account and (b) allow you to make requests to SmartPath Technologies, LLC Cloud  The Account Identifier is immutable and will always uniquely identify your SmartPath Technologies, LLC Cloud  account. Your Account Identifier is for your personal use only, and you may not sell, transfer, or sublicense your password to any other party. You are responsible for maintaining the secrecy and security of your password. You are fully responsible for all activities that occur under your Account Identifiers, regardless of whether such activities are undertaken by you or a third party. Therefore, you should contact us immediately if you believe a third party may be using your password, or if your password i s otherwise lost or stolen. You are responsible for maintaining up - to - date and accurate information (including contact information) for your SmartPath Technologies, LLC Cloud  account. We are not responsible for any unauthorized access to, alteration of, or the deletion , destruction, damage, loss, or failure to store any of Your Content or other data which you submit or use in connection with your account or the Services.

5. ACCEPTABLE USE POLICY AND SERVICE TERMS

You may only use the Services in accordance with the AUP and the applicable Service Terms.

6. LICENSE TO USE THE SmartPath Technologies, LLC Web Hosting Platform

6.1 We may make available to you, for your installation, copying, and/or use in connection with the Services, from time to time, a variety of software, data, and other content and printed and electronic documentation (all such materials except those specifically made available by us under separate license terms, the "SmartPath Technologies, LLC Web Hosting Platform". Subject to your acceptance of this Agreement, ongoing compliance with its terms and conditions with respect to the subject Service, and payment if and as required for your right to use the subject Service, we hereby grant to you, without the right to sublicense, a limited, non - exclusive, nontransferable license during the Term, under our int ellectual property or proprietary rights in the SmartPath Technologies, LLC Web Hosting Platform, only to install, copy, and use the SmartPath Technologies, LLC Web Hosting Platform solely in connection with and as necessary for your use of such Services and solely to the extent in compliance wi th all the terms and conditions of this Agreement. The SmartPath Technologies, LLC Web Hosting Platform may include, without limitation:

• Proprietary application programming interfaces ("APIs");
• Developer tools for use in connection with the APIs;
• Articles and documentation for use in connection with the use and implementation of the APIs (collectively, "Documentation");
• Specifications describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance
• Criteria relevant to the proper use of a Service and its related APIs and other technology;
• Textual materials made available as part of the Service ("Text Materials"); and
• Other forms of digital content, data, text, images, logos, user interface designs and other creative designs, audio and video (with the Text Materials, collectively, "SmartPath Technologies, LLC Cloud Content". Sample source code that we may make available from time to time for use in connection with the Services ("Sample Source Code") and libraries th at we may make available from time to time for use in connection with the Services ("Libraries") will be made available to you under separate license that accompanies each Sample Source Code or Library. Accordingly, the term "SmartPath Technologies, LLC Web Hosting Platform", as used herein, specifically excludes any Sample Source Code or Libraries made available to you under separate license.

6.2 Prohibited Conduct. Except as may be expressly authorized under this Agreement:

• You may not, and may not attempt to, modify, alter, tamp er with, repair, or otherwise create derivative works of any software included in or accessed via the SmartPath Technologies, LLC Web Hosting Platform.
• You may not, and may not attempt to, reverse - engineer, disassemble, or decompile the SmartPath Technologies, LLC Web Hosting Platform or the Services or apply any other process or procedure to derive the source code of any software included in or accessed via the SmartPath Technologies, LLC Web Hosting Platform.
• You may not otherwise create derivative works of any the SmartPath Technologies, LLC Web Hosting Platform, including but not limited to the SmartPath Technologies, LLC Cloud

6.3 Use of Marks. Your use of any trademarks, service marks, service or trade names, logos, and other designations of SmartPath Technologies, LLC Cloud  and its affiliates or licensors ("Marks") shall strictly comply with the Trademark Guidelines and the following provisions. You may use the Marks in conjunction with the display of the SmartPath Technologies, LLC Cloud  Content and for the purpose of indicating that you r Application was created using the Services. You must immediately discontinue use of any Mark as specified by us at any time in writing. We may modify any Marks provided to you at any time, and upon notice, you will use only the modified Marks and not the old Marks. Other than as specified in this Agreement, you may not use any trademark, service mark, trade name, or other business identifier of SmartPath Technologies, LLC Cloud  or its affiliates' prior written consent. In addition, you agree not to misrepresent or embellish the relationship between us and you, for example, by implying that we support, sponsor, endorse, or contribute money to you or your business endeavors.

6.4 The rights granted by SmartPath Technologies, LLC Cloud  in this Agreement with respect to the SmartPath Technologies, LLC Web Hosting Platform, the Marks and the Services are nonexclusive, and SmartPath Technologies, LLC Cloud  reserves the right to: (a) itself act as a developer of products or services related to any of the products that you may develop in connection with your use of the Services; and (b) appoint third parties as developers or systems integrators who may offer products or services which compete with SmartPath Technologies, LLC Cloud  or your Application .

7. SERVICE LEVEL AGREEMENT; SECURITY

Unless otherwise provided, we will provide the Services in accordance with the Service Level Guarantees set forth below. The credits described herein are your sole remedy for our failure to meet the criteria set out herein.

7.1 Network Guarantee

With the exc eption of downtime due to maintenance, or service suspensions set out in these terms, SmartPath Technologies, LLC Cloud  guarantees 99.95% uptime for internal network performance ("Network Guarantee"). The Network Guarantee only covers the network interfaces between the hypervisor and SmartPath Technologies, LLC Cloud  network and other servers of the customer on the same VLAN. This Network Guarantee does not cover network connections to the Customer's physical location or Internet access points. If SmartPath Technologies, LLC Cloud  fails to meet t he Network Guarantee, Customer will receive the credit set out in section 7.7.

7.2 Hardware Guarantee 

With the exception of downtime due to maintenance, or service suspensions set out in these terms, SmartPath Technologies, LLC Cloud  guarantees that hardware and hypervisor layers will be available to Customers at 99.95% per month ("Hardware Guarantee"). For the purposes of the Hardware Guarantee, "hardware" means that hardware running Customer's virtual data centers. Customer virtual servers, including access to operating systems and any other software on the Customer server, are not covered by this Hardware Guarantee. If this Hardware Guarantee applies, SmartPath Technologies, LLC Cloud  will, within 4 hours, replace faulty hardware and reboot the server with the same IP address, VLAN, and network configurations to enable Customer - managed virtual servers to be installed and configured back to the pre - failure state. If SmartPath Technologies, LLC Cloud  fails to meet the Hardware Guarantee, Customer will receive th e credit set out in section 7.7.

7.3 Storage Guarantee

SmartPath Technologies, LLC Cloud  guarantees that the hardware on which Customer's data is stored will be available 99.95% of the time, and further that no data loss will occur to physical or network conditions including hardware and software in SmartPath Technologies, LLC Cloud  ’ s control and, in the case of software, authorship ("Storage Guarantee"). In the event of hardware, network or hypervisor failure, SmartPath Technologies, LLC Cloud  shall, within 4 hours, create conditions to enable Customers to recreate network configurations to attach Customer - managed virtual servers with existing storage and data. Under no circumstances will SmartPath Technologies, LLC Cloud  be responsible for the restoration of any data or any data loss in the SmartPath Technologies, LLC Cloud  storage services. If SmartPath Technologies, LLC Cloud  fails to meet the SmartPath Technologies, LLC Cloud  Storage Guarantee, Customer will receive the credit set out in section 7.7.

7.4 Physical On - Site Security Guarantee

SmartPath Technologies, LLC Cloud  guarantees that the infrastructure providing the services is located in a physically secure environment protected from outside malicious activity 24 hours a day, 365 days per year ("Security Guarantee"). SmartPath Technologies, LLC Cloud  The Security Guarantee also includes 24/7 presence of an on - site security officer and data - center operations personnel at the facility, security cameras, and monitoring devices. If SmartPath Technologies, LLC Cloud  version 5.1 GENERAL TERMS AND CONDITIONS OF SERVICE of SmartPath Technologies, LLC Cloud  page 14 1 &1 IONOS Cloud  , 200 Continental Drive Suite 401 , Newark DE 19713 Executive Management: Christoph Steffens, Matthias Steinberg, Achim Weiss fails to meet the Security Guarantee, Customer will receive the credit set out in section 7.7.

7.5 Data Center Infrastructure Guarantee

SmartPath Technologies, LLC Cloud  guarantees that data center and electric power will be available 100% of the time, with the exception of downtime due to maintenance or service suspensions set out in these terms ("Infrastructure Guarantee"). The Infrastructure Guarantee applies when SmartPath Technologies, LLC Cloud  ’ s hardware is not functioning because of a heat shutdown or applicable loss of electric power. "Electric power" includes UPSs, PDUs, and cabling. "Electric power" does not include power supplies in virtual ser ver hosts. If SmartPath Technologies, LLC Cloud  fails to meet the Infrastructure Guarantee, Customer will receive the credit set out in section 7.7.

7.6 API Guarantee

SmartPath Technologies, LLC Cloud  will provide Customers with eighteen months prior notice of its intent to discontinue, remove features, or otherwise limit the functionality of particular API calls ("API Guarantee"). If SmartPath Technologies, LLC Cloud  fails to meet the API Guarantee, Customer will receive the credit set out in section 7.7.

7.7 Credits

Should Customer qualify for a particular guarantee set out in this SLA, SmartPath Technologies, LLC Cloud  will provide the following credits:

• For an event covered by the Network Guarantee, SmartPath Technologies, LLC Cloud shall credit Customer's account with five percent of Customer's monthly fee for each thirty minutes of downtime. Customer's credit can equal, but may not exceed, one hundred percent of Customer's monthly fee for the server affected.
• For an event covered by the Hardware Guarantee, SmartPath Technologies, LLC Cloud shall credit Customer's account with five percent of Customer's monthly fee for each full hour of downtime. Customer's credit can equal, but may not exceed, one hundred percent of Customer's monthly fee for the server affected
• For an event covered by the Storage Guarantee, SmartPath Technologies, LLC Cloud shall credit Customer's account with five percent of Customer's monthly fee for each full hour that SmartPath Technologies, LLC Cloud  is unable to create conditions to enable Customers to create network conditions to attach virtual servers with existing storage and d ata.
• For an event covered by the Security Guarantee, SmartPath Technologies, LLC Cloud shall credit Customer's account with five percent of Customer's monthly fee for each full hour that an element of the Security Guarantee is not available. Customer's credit can equal , but may not exceed, one hundred percent of Customer's monthly fee for the server affected.
• For an event covered by the Infrastructure Guarantee, SmartPath Technologies, LLC Cloud shall credit Customer's account with five percent of Customer's monthly fee for each thirty minutes of infrastructure downtime. Customer's credit can equal, but may not exceed, one hundred percent of Customer's monthly fee for the server affected.
• For SmartPath Technologies, LLC Cloud ' failure to provide eighteen months prior notice of its intent to discontinue, remove features, or otherwise limit the functionality of an API, SmartPath Technologies, LLC Cloud  shall credit Customer's account with five percent of Customer's monthly f ee for each month SmartPath Technologies, LLC Cloud  failed to provide notice. Customer's credit can equal, but may not exceed, one hundred percent of Customer's monthly fee for the server affected.

To receive an SLA credit, Customer must request the credit within five days after the date of the event leading to the applicability of the particular guarantee. Customers must request credit by sending a request to our billing department through our helpdesk. The message must have the dates and times applicable to the events leading to the applicability of the guarantee and any other Customer identification requested by SmartPath Technologies, LLC Cloud  Credits will be applied to your account within sixty days of your credit request. Credits under our guarantee are your sole and exclusive remedy for issues covered by this SLA. The statistics generated by our internal monitoring services are the final determination of the applicability of a guarantee. Credits are prospective only, and will not be paid in cash or retroactively, nor can the y be aggregated or equal more than one hundred percent of a customer's total monthly fee. Credits will not be applied to accounts in default.

7.8 Limitations and Exemptions

The following items or situations are exempt from the guarantees set out in this section:

• Acts or omissions of you or your users;
• Software running within your virtual servers;
• Scheduled maintenance which we have announced at least 24 hours in advance;
• Factors outside our control, including but not limited to any force majeure events, failure s, acts or omissions of our upstream providers or failures of the internet;
• Actions of third parties, including but not limited to security compromises, denial of service attacks and viruses provided SmartPath Technologies, LLC Cloud makes reasonable efforts to keep its software and systems up to date;
• Breaches of our Acceptable Use Policy;
• Any product currently in Beta as set out in our terms; or
• Law enforcement activity.

7.9 Security

We strive to keep Your Content secure but cannot guarantee that we will be successful at doing so, given the nature of the Internet. Accordingly, without limitation to Section 4.3 above and Section 11.5 below, you acknowledge that you bear sole responsibility for adequate security, protection, and backup of Your Content, Applications, passwords, and user names. We strongly encourage you, where available and appropriate, to (a) use encryption technology to protect Your Content from unauthorized access, (b) routinely archive Your Content, and (c) keep your Applications or any software that you use or run with our Services current with the latest security patches or updates. We will have no liability to you for any unauthorized access or use, corruption, deletion, destruction, or loss of any of Your Content or Applications.