General Data Protection Regulation
We support the GDPR and all OGDEREK services comply with its provisions. Not only is the GDPR an important step in protecting the fundamental right of privacy for European citizens, it also raises the bar for data protection, security and compliance in the industry.
Are OGDEREK, Inc services GDPR compliant?
What is OGDEREK’s role with respect to GDPR?
OGDEREK acts as both a data controller and a data processor. OGDEREK acts as a data controller for customer information that we collect to process payments and provide customer support. When a customer uses our services to process personal data, OGDEREK acts as a data processor.
Does OGDEREK offer a Data Processing Addendum?
If GDPR applies to your organization and you need a DPA to satisfy GDPR requirements, OGDEREK makes one available for download.
In order for it to be binding, please send the executed document back to [email protected]
How can I delete or retrieve the data I have with OGDEREK?
Just send us a message at [email protected] and we will be happy to assist you with this.
I. Parties to this Agreement
This agreement is entered into by OGDEREK and each of its Affiliate(s). “You”, “Your” refers to each and every affiliate or sub-affiliate of the OGDEREK affiliate program. Participation in the program constitutes full and complete acceptance of the TOS set forth herein.
II. OGDEREK Responsibilities
A. Affiliate URL
Upon your acceptance, OGDEREK will provide you with an affiliate URL to specifically identify you, which will allow you to create a link to the OGDEREK web site. You may post this link in any location, as many times as you like subject to the remaining terms of this agreement regarding acceptable links.
OGDEREK agrees to track the customers referred to OGDEREK via the link provided to you for that purpose. OGDEREK utilizes cookies to maintain tracking information for up to one year. OGDEREK will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement.
III. Affiliate Responsibilities
A. Minimum Age
You agree that you are 18 years of age or older on the date that you first approve the terms hereof. You agree that you are in a jurisdiction where participation in the OGDEREK affiliate program does not violate any law, ordinance, regulation or standard.
B. Operation of Affiliate Link
You agree to take full responsibility for ensuring the proper and continuing operation of your affiliate URL. You agree that you will notify OGDEREK if your affiliate URL ceases to function or ceases to function properly.
You agree that you will not make any representations, promises, warranties or other statements about OGDEREK or the OGDEREK web site, products or policies other than as may be expressly approved in writing by OGDEREK or as other wise provided to you by OGDEREK for that purpose.
Affiliates are not allowed to advertise on OGDEREK’s brand keywords. Affiliates are not allowed to target OGDEREK coupon keywords. Violations may result in the invalidation of referral commissions and/or immediate termination of affiliate account. OGDEREK will be the sole arbitrator as to what constitutes a violation.
You may use the affiliate URL provided by OGDEREK via the available OGDEREK Link Library or in any other form you wish provided that your use of the URL is not in any way disparaging of OGDEREK or otherwise not appropriate or acceptable in OGDEREK’s sole opinion and judgment. You may not violate any copyright, trademark or other intellectual property right of OGDEREK or any other party. You may not violate the OGDEREK Master Service Agreement.
You agree that OGDEREK may amend this agreement at any time without notice to you. You agree to keep advised of any changes to this agreement by checking the OGDEREK web site on a periodic basis. All changes, amendments and modifications of the TOS shall be effective as of the date posted on the OGDEREK website and You agree that You shall be bound by all such changes, amendments and modifications of the TOS effective upon posting.
G. Customers of OGDEREK
OGDEREK will have the sole right and responsibility to service all customers secured through your affiliate URL. All dealings with customers for web hosting and related services shall be directly and solely between customer and OGDEREK OGDEREK shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to affiliate. All customers of OGDEREK, regardless of origin or referral, are the sole property and responsibility of OGDEREK.
H. Federal Trade Commission Regulations
The Federal Trade Commission (FTC) requires that connections between advertiser and endorsers be conspicuously disclosed. Blogs, websites, ratings and review sites, and similar must declare the compensation arrangement with the advertiser. As such, you must declare the financial relationship between you and OGDEREK in a prominent location on your websites in order to be in compliance with the FTC. OGDEREK retains the right to withhold payout moneys and/or cancel the your affiliate account should it be determined that you are not in compliance with applicable FTC regulations. OGDEREK will be the sole arbitrator as to what constitutes non-compliance.
A. Commission Rate
Commissions are paid on a one-time basis for each new account purchased via your affiliate URL subject to the terms and conditions set forth herein. There will be no obligation to pay any other commission. Commissions vary in amount. Exact commission rates based on number of referrals within a given calendar month and order maturation are available within the Laboratory – https://lab.OGDEREK.com/affiliates/
B. Special commissions – Cloud VPS services
The Cloud VPS services have a flat $30,00 commission per order.
NO COMMISSIONS WILL BE CREDITED FOR DOMAIN REGISTRATIONS OR ADD-ON SERVICES. Commissions are paid on new accounts only (current or previous customers of the company are not eligible) and not on any subsequent renewal or subsequent signups of a referred customer. A commission is not finalized until it becomes a Qualified Commission, even after the payment of a commission has been made.
B. Qualified Commission
A “qualified commission” is one for which the new account which is the subject of the commission has remained in good standing continuously for at least 45 days from its inception. OGDEREK shall make all decisions as to whether any commission is a “qualified commission.” If at any time after a commission has been awarded and/or paid and the related customer’s account is terminated or canceled, for any reason, this commission will be revoked and subtracted from any standing or future commissions account balance you may have.
C. Payment Date
Payments will only be paid once your commissions account balance reaches the minimum payment threshold. OGDEREK shall make no payment to you until this minimum balance is achieved. Commissions are not paid until a payout request is submitted by you via the OGDEREK affiliate control panel. If You fail to properly submit a payout request within one (1) year of the date upon which your Qualified Commission accrued and became payable, You will forfeit such Qualified Commission and You hereby agree to release OGDEREK from all liability for payment of any such forfeited commissions.
Commissions can be paid through a PayPal payout or a service credit on your OGDEREK web hosting account.
For payments to be made through PayPal, you must provide us with your affiliate username and your PayPal ID. This information should be provided to OGDEREK through Lab – https://lab.OGDEREK.com by opening a ticket with our Affiliates department.
V. Ownership and Licenses
A. Property Ownership
Each party to this agreement shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
OGDEREK grants you as an affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit the OGDEREK logos, trademarks and service marks on your site and only your site for the sole purpose of facilitating a link between your site and OGDEREK to accomplish the purpose and intent of this affiliate agreement. You may also use the links and images located in the link library prepared specifically for that purpose subject to the same terms and conditions. You may not otherwise use, copy, distribute, change, modify, or otherwise, alter any such property. This License is neither assignable nor transferable.
C. Cease use upon Demand
You agree to immediately cease the use of any mark upon request made by OGDEREK to the email address provided by you and maintained on file for you by OGDEREK. You agree to immediately cease the use of any link created by you to OGDEREK upon request by OGDEREK to the email address provided by you and maintained on file for you by OGDEREK.
A. Effect upon Commission
Either party may terminate this agreement at any time upon notice in writing to the other party. Other than any termination under paragraph 6.B. herein, any commission which has become a qualified commission as of the date of such termination will be paid post-termination. Any commission, which is not a qualified commission as of the date of the notice of termination, shall not thereafter become a qualified commission.
B. Breach of this Agreement
The breach of this agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for immediate suspension or at the sole option of OGDEREK termination of this agreement in its entirety.
Suspension under this paragraph shall mean the withholding of all commission payments qualified or otherwise until such breach is cured. Suspension if not cured within a reasonable time as determined by OGDEREK will become a termination under 6.B. as of the date of the initial suspension.
Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked. Sections VII shall survive such termination and remain in full force and effect.
Each party represents to the other that it has full binding authority to enter into this agreement and in the case of any entity other than an individual that the person assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and OGDEREK that you will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
C. Violation of Law
You vow to uphold the laws of your respective jurisdiction and that you will not violate any applicable law, ordinance, regulation or standard. You understand and accept responsibility to file any necessary paperwork or tax forms with the appropriate parties for any and all payments made as a result of this service and the terms and conditions set forth herein.
D. Terms of Service
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and OGDEREK that you agree to be bound by all terms and conditions of this document and any applicable terms and conditions set forth in the OGDEREK Terms of Service which are incorporated herein as though set forth at length herein.
E. Unsolicited Email
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and OGDEREK that you will not use or otherwise permit the use of unsolicited commercial email (aka SPAM/UBE/UCE) in relation to the OGDEREK Affiliate Program.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and OGDEREK that you will not transmit any information which is or might be considered to be defamatory or libelous.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and OGDEREK that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene.
H. Unfair Competition
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and OGDEREK that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising or the OGDEREK Terms of Service.
I. Damage to OGDEREK
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and OGDEREK that you will not take any action that would in any way damage OGDEREK or otherwise compromise its servers or equipment including utilizing or otherwise transmit at any time contain viruses, Trojan horses, worms, time bombs or other similar harmful or deleterious programming routines.
J. No Automatic Links
You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.
K. Coupon Websites
OGDEREK must approve all coupon websites prior to any OGDEREK affiliate information being advertised.
L. Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY OGDEREK PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT OGDEREK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR WILL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, OGDEREK DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL OGDEREK BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
M. Limitation of Liability
IN NO INSTANCE SHALL OGDEREK BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT OGDEREK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification under Section 7.M. or (iv) either party’s liability for death or personal injury or their own acts of fraud.
You agree to indemnify, defend and hold harmless OGDEREK and its affiliates, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney.s fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copywritten materials, License violation, domain misuse, trademark misuse or any active or passive negligence.
O. Independent Contractors
Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
P. Choice of Venue
The internal laws of the State of Delaware (irrespective of its choice of law principles) will govern the validity of this agreement, the construction of its terms, and the interpretation of the rights and duties of the participating parties, provided that the internal laws of the State of Delaware shall govern the validity of this agreement with respect to the Delaware Regulations. Any party may seek to enforce its rights under this agreement in any court of competent jurisdiction located within the judicial district, Washington County, AR, in which the company has its principal place of business.
The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
This agreement constitutes the entire understanding between the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by OGDEREK on the OGDEREK web site.
S. Use Constitutes Full Acceptance and Signature
Your agreement to the terms set forth herein is manifested by any participation in the OGDEREK affiliate program including the submission of the affiliate application form and the collection of any commission under this agreement. This agreement may be modified, amended, altered or otherwise changed by OGDEREK without notice to any other party other than changing the agreement itself made available by OGDEREK to the affiliates on the OGDEREK web site.
You must read and agree to all terms in this document before using our services. By using or continuing to use OGDEREK services, you are automatically agreeing to the terms of this document!
What is this?
The agreement below is a legal agreement between OGDEREK and all of our customers. If you use any service provided by or affiliated with OGDEREK, you are legally bound by this agreement. Read it carefully before signing up and ensure that you understand and agree to all parts. Use of our services implies agreement with this contract!
This agreement is between you (hereinafter “you”, “your” or “beneficiary”) as beneficiary and OGDEREK, Inc. (hereinafter referred to as “us”, “our”, “OGDEREK” or “provider”) as a provider of hosting services (shared hosting, virtual servers or dedicated servers). Using our services is the subject of this contract.
This Agreement, whose provisions and clauses agreed in the contractual freedom under the law has been established by our mutual agreement and in compliance with the law.
This contact serves as the legal basis for all services provided by OGDEREK.
Any questions regarding this agreement should be sent to OGDEREK’s sales department prior to signing up for service.
THIS AGREEMENT (“Agreement”) is made and effective as of the date of acceptance, by and between you (“Client”) and OGDEREK.
WHEREAS, OGDEREK owns, distributes and provides various products and services for conducting business on the Internet including shared, reseller and dedicated web hosting, cPanel licensing, and the OGDEREK family of services (hereinafter collectively referred to as the “Services”).
WHEREAS, Client desires to utilize some or all of the Services to develop, enhance or maintain Client’s business and/or presence on the Internet.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
1. OGDEREK SERVICES
OGDEREK agrees to provide to Client the Services agreed upon between OGDEREK and Client as selected by Client in OGDEREK’s customer database that is specified at www.OGDEREK.com.
2. PAYMENT AND INVOICING
2.1 In consideration of the performance of the Services, Client shall pay OGDEREK in advance the amount set forth in OGDEREK’s customer database as such records are amended from time to time for the Services during the term of this Agreement.
2.2 Client is responsible for all activities and charges resulting from Client’s use of the Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. In the event of a breach of security, Client will remain liable for any unauthorized use of the Services until Client notifies OGDEREK by sending an e-mail with account information to [email protected]
2.3 Current rates for using the Services may be obtained on our web site at www.OGDEREK.com. OGDEREK reserves the right to change fees, surcharges, or to institute new fees at any time. In addition, OGDEREK may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to Client upon sign up. If OGDEREK does not receive the full amount of Client’s Service account balance, OGDEREK may suspend and/or terminate Client’s account immediately without further notice to Client.
2.4 All hosting services renew automatically. The client may opt out of automatic renewals by contacting our Billing department at [email protected]
3. RESPONSIBILITIES AND RIGHTS OF OGDEREK
3.1 Means of Performance. OGDEREK shall provide Client with the OGDEREK hosting services, as described at www.OGDEREK.com hereto. OGDEREK has the right to control and direct the means, manner, and method by which the host services are performed. Currently, the server locations for Web Hosting, WordPress Hosting, and Reseller Hosting are NewYork (US) and Bucharest (RO). The server locations for VPS Hosting are: Dallas (US), London (UK) and Singapore (Asia). OGDEREK retains the right to alter the default location for accounts at its discretion as needed.
3.2 Support. OGDEREK shall provide a reasonable level of technical support to Client via email or LiveChat for the term of this Agreement.
3.3 Uptime Guarantee. “Uptime” refers to the amount of time the Services are available, as measured solely and only by OGDEREK’s internal monitoring systems. “Downtime” refers to the amount of time the Services are unavailable, as measured solely and only by OGDEREK’s internal monitoring systems. OGDEREK guarantees that its Networking and Connectivity services will be available 99.999% of the time.
In the event such level of service is not provided, OGDEREK will credit your account in an amount as determined in the chart below, reflecting credit percentages of the monthly fees paid by You to OGDEREK for the Services, but not payments made for any of the following products and services: domain name registration, software licenses, IP address charges, set up fees, shipping and handling, SSL certificate fees, labor charges, and other services which are unrelated to Uptime.
1. 99.1% to 99.99% will result in a credit of 5%
2. 98% to 99% will result in a credit of 10%
3. 95% to 97.9% will result in a credit of 25%
4. 90% to 94.9% will result in a credit of 50%
5. 89% or below will result in a credit of 80%
To receive a credit, You must make a request by sending an email message to [email protected] Each request in connection with this Agreement must include the dates and times of the Downtime, the name and IP address of the server or servers which experienced the Downtime. The request must be received by OGDEREK within ten (10) business days after the incident of Downtime. If the unavailability is confirmed by OGDEREK, credit will be applied to Your OGDEREK account within thirty (30) days of receipt of Your credit request.
The total amount credited to You in a particular month under this Agreement shall not exceed the total amount of fees paid by You for such month for the affected Services. Credits are exclusive of any applicable taxes charged to You or collected by OGDEREK and are Your sole and exclusive remedy with respect to any Downtime.
The provisions of the Agreement pertaining to Force Majeure are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by OGDEREK to provide credit to You:
1. emergency maintenance
2. scheduled maintenance
3. system upgrades
4. domain name system (DNS) problems outside of OGDEREK’s control
5. issues with FTP, POP, IMAP, or SMTP customer access
6. Acts or omissions by You or any of Your employees or agents, resulting in downtime
7. Any negligence, willful misconduct, or use of the services in breach of OGDEREK’s Acceptable Use Policy
8. Problems with users’ web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access the OGDEREK servers.
3.4 Other Work. OGDEREK has the right to perform and license products to others during the term of this Agreement. OGDEREK may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its Clients. OGDEREK reserves the right to block any site hosted by OGDEREK that contains any content that OGDEREK deems in its sole discretion to be unacceptable or undesirable.
4. RESPONSIBILITIES AND RIGHTS OF CLIENT
4.1 Client. Client represents and warrants that (i) Client is at least eighteen (18) years of age, (ii) Client possesses the legal right and ability to enter into this Agreement, and (iii) the performance of Client’s obligations and use of the Services by Client, its customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other OGDEREK Clients’ use of Services. Client assumes all risks related to the processing of transactions related to electronic commerce. Client agrees to provide OGDEREK with the accurate, complete and updated information required by the registration of the OGDEREK host service (Client Registration Data), including Client’s legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Client agrees to notify OGDEREK within thirty (30) days of any changes in Client’s Registration Data.
4.2 Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, OGDEREK will have the right, in its sole discretion, to suspend or terminate immediately any Services.
4.3 Fees and Expenses. Client shall be responsible for payment of all costs, fees, and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and a third-party domain name registrar.
4.4 Third-Party Software. Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, Client agrees to be bound by the terms of such end user licenses regarding the applicable third-party software. Client consents and authorizes OGDEREK to delegate the authorizations Client provides to OGDEREK to its third party service provider(s) as OGDEREK deems necessary or desirable to provide the applicable Services. Client agrees that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such third party service providers and such third party service providers are deemed to be third party beneficiaries of the Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. Client also agrees that all reference to “OGDEREK” within this Agreement and any incorporated terms are also deemed to include, where applicable, OGDEREK’s agents, such as the third party service providers.
4.5 Advertising, Solicitation, and Client Name Harvesting. Client may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the OGDEREK clients or other Internet users unless Client receives the express permission of such individuals. Client may not use the means of unsolicited advertising to advertise a site hosted on the OGDEREK network. Client may not use the Services to collect or “harvest” user-names of OGDEREK clients or other Internet users without the expressed prior permission of the member. OGDEREK reserves the right to block or filter mass email solicitations sent from sites hosted on the OGDEREK network.
4.6 Management of Site. Client shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this Agreement, OGDEREK’s then-standard Terms of Service (“TOS”) and any generally applicable guidelines and service standards published by OGDEREK. Client warrants that its site hosted on the OGDEREK network (i) will conform to the OGDEREK TOS attached hereto as Exhibit A; (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. OGDEREK shall have no obligations with respect to the content available on or through any site hosted on the OGDEREK network, including, but not limited to, any duty to review or monitor any such content. OGDEREK reserves the right to block any site that violates any of the above-stated terms, or which in OGDEREK’s sole discretion, OGDEREK deems objectionable or offensive, or otherwise violates a law or OGDEREK policy, or, in the alternative, to terminate this Agreement in accordance with Section 7.3 herein.
4.7 Compliance Laws. Client agrees that it will use the Services only for lawful purposes and in accordance with this Agreement. Client will comply at all times with all applicable laws and regulations and the TOS, as updated by OGDEREK from time to time. The TOS are incorporated herein and made a part hereof by this reference. OGDEREK may change the TOS, with notice, which notice may be provided by posting such new TOS at the OGDEREK Site. Client may request a current copy of the TOS by sending or faxing a request to OGDEREK. Client agrees that it has received, read and understands the current version of the TOS.
4.8 Proprietary Rights. Unless otherwise specified, all work performed hereunder by OGDEREK, is the property of OGDEREK, and all title and interest therein shall vest in OGDEREK. To the extent that title to any such works may not, by operation of law, vest in OGDEREK all rights, title and interest therein are hereby irrevocably assigned to OGDEREK. All such materials shall belong exclusively to OGDEREK, and OGDEREK shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. Client agrees to give OGDEREK and any person designated by OGDEREK such reasonable assistance, at OGDEREK’s expense, as is required to perfect the rights defined in this paragraph.
5. LIMITATION OF LIABILITY, NO OTHER WARRANTY AND DISCLAIMER
In the event that any limited guarantees are provided by OGDEREK, such limited guarantees are null and void if Client fails to follow OGDEREK’s TOS and other policies or otherwise breaches this Agreement in any respect.
OGDEREK performs nightly backups of shared, reseller and WordPress servers; however, these backups are for OGDEREK’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. OGDEREK does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on OGDEREK’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
5.3 No Other Warranty.
OGDEREK does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained there from is at Client’s own risk. The Services are provided on an “as is” basis, and Client’s use of the Services is at its own risk. Except as provided in the order form(s), OGDEREK does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. OGDEREK does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.
5.4 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. OGDEREK does not and cannot control the flow of information to or from OGDEREK’s network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt Client’s connections to the Internet (or portions thereof). OGDEREK cannot guarantee that such events will not occur. Accordingly, OGDEREK disclaims any and all liability resulting from or related to such events.
Client agrees to indemnify, defend and hold OGDEREK and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys’ fees, made by any person arising out of Client’s violation of this Agreement, State or Federal Securities laws or regulations, or any other person’s rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Under no circumstances, including but not limited to a negligent act, will OGDEREK or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.
In no event will OGDEREK or its third party service providers be liable to Client or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by OGDEREK. OGDEREK and its third party service providers will under no circumstances be liable to Client and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if OGDEREK or its third party service providers has been advised of the possibility of such damages, resulting from (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any user data, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. Client agrees that Client will not in any way hold OGDEREK responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the Client Services.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to Client, and the respective liability of OGDEREK and its third party service providers, employees, distributors, and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Client’s remedies under this Agreement fail, then Client expressly agrees that under no circumstances will the total, aggregate liability of OGDEREK and its third party service providers, employees, distributors, agents or affiliates, to Client or any party claiming by or through Client for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
7.1 Without Cause. This Agreement may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than five (5) days’ prior email notice of termination. No matter which party terminates the Agreement pursuant to this Section 7.1, any and all payment obligations of Client under this Agreement for Service(s) provided through the date of termination will immediately become due, and Client shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such five (5) day period.
7.2 For Cause. In addition to any other rights it may have under this Agreement or applicable law, OGDEREK may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) a default in payment, or (ii) Client’s breach or failure to comply with the TOS or other policies of OGDEREK. The client may terminate this Agreement if OGDEREK breaches any material term or written notice of same. If this Agreement is terminated by OGDEREK under this Section 7.2, all balance of the then current term shall immediately become due and payable. In addition to the foregoing, OGDEREK reserves the right to prohibit any conduct or to remove any materials or content in violation of the TOS or which OGDEREK believes in its sole discretion to be illegal or potentially harmful to others or may expose OGDEREK to harm or liability.
7.3 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Services of this Agreement in accordance with its terms.
7.4 Survival. The following provisions will survive any expiration or termination of the Agreement: Section 4, 5, 6, 7, and 8.
7.5 IP Address. Upon expiration, cancellation or termination of this Agreement, Client shall relinquish any Internet protocol (“IP”) numbers, address or address blocks assigned to Client by OGDEREK or its network services supplier (but not the URL or top level domain connected therewith). OGDEREK reserves, in its sole discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.
8.1 Assignment. The client may not assign this Agreement or any of Client’s rights or obligations hereunder without the prior written consent of OGDEREK, and any such attempted assignment shall be void. This Agreement shall be binding upon the parties’ respective successors and permitted assigns.
8.2 Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed email.
If to OGDEREK:
If to Client:
To Client address provided at account set-up.
8.3 Governing Law. This Agreement and all future agreements Client may enter into with OGDEREK, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Delaware, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with OGDEREK in the United States or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Client agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Newark, United States. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
8.4 Modifications. No modifications, amendment, supplement to or waiver of this Agreement or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.
8.5 Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
8.6 Severability. In the event any one or more of the provisions of the Agreement or any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
8.7 Force Majeure. OGDEREK and its affiliates, agents, employees, or licensors (including third party service providers) shall not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, ware, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.
8.8 Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
8.9 Terms of Services. Client agrees to be bound by OGDEREK’s TOS for all Services and products used by Client. The current TOS can be found on OGDEREK’s website at https://OGDEREK.com. Should Client disagree with any updates to OGDEREK’s TOS, it is Client’s responsibility to notify OGDEREK of Client’s desire to terminate their Services immediately.
8.10 Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS AGREEMENT AND OGDEREK’S TOS IN THEIR ENTIRETY. BY USING THE SERVICES, CLIENT AGREES TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREEMENT AND THE TOS.
CLIENT’S ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH SECTION 7 HEREIN.
8.11 Entire Agreement. This Agreement and the exhibits referenced herein set forth the entire agreement and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which are different from or in which is proffered by the other party in any correspondence or another document, unless the party to be bound thereby specifically agrees to such provision in writing.
8.12 No Party Deemed Drafter. In the event that any provision hereof is construed by a court of law or equity or an arbitrator, no provision herein shall be construed more harshly against either party as drafter.
Exhibit A: OGDEREK Terms of Service (TOS)
OGDEREK’s current Terms of Service are available at the following URL: https://www.OGDEREK.com/legal/terms-of-service/ or by clicking here.
Exhibit B: OGDEREK Resource Usage Policy (RUP)
OGDEREK’s current Resource Usage Policy is available at the following URL: https://www.OGDEREK.com/legal/resource-usage/ or by clicking here.
Questions? Any questions regarding this agreement should be sent to OGDEREK’s sales department before signing up for service.
Resource Usage Policies
Resource Usage Policies
What are Resource Usage Policies?
In hosting environments, a server’s resources are what economists would call a common pool resource, meaning that although having plenty of available system resources benefits everyone, no single user has an incentive to ensure that they don’t use too many resources themselves. In an effort to protect against the tragedy of the (server) commons, we have placed limits on the amount of a server’s resources that any given user may consume. While these are limits, server abuse is not limited to these policies and is up to OGDEREKS’s discretion what constitutes server abuse.
The Purpose of These Policies
Understand that these policies are in place to protect you, our customers, from poor service quality. Generally, if we need to impose a restriction on an account for resource abuse, that account is in violation of at least two of these policies (or one policy to a very serious degree) and is adversely affecting the other clients on their server. The large, large majority of sites, at least 99.5%, will never even have to take these limits into consideration. That being said, it’s good to make yourself aware of them.
It is also important to note that many of these limits can be seen as “soft” limits. They are not actively enforced, and you can run up to or even over most of them without issue. If, however, you start to affect the overall performance of a server, we do need to have limits and policies in place. Without them it’s incredibly hard to explain to the customer, in quantitative terms, exactly how a site is consuming too many system resources. If an account is found to be in violation of these Resource Usage Policies, we will do our best to work with clients to give 48 hours, 5 days, or 10 days notice depending on the severity of the violation. We reserve the right as outlined in the Terms of Service to suspend a site if it is causing a severe problem.
The agreement below is a legal agreement between OGDEREK, Inc (“OGDEREK”) and all of our customers. If you use any service provided by or affiliated with OGDEREK, you are legally bound by this agreement. Read it carefully before signing up and ensure that you understand and agree to all parts. Use of our services implies agreement with this contract!
Any questions regarding this agreement should be sent to OGDEREK’s sales department prior to domain registration.
This Registration Agreement (“Agreement”) sets forth the terms and conditions of your use of domain name registration and related services (“Services”). In this Agreement “you” and “your” refer to you and the registrant listed in the WHOIS contact information for the domain name. “We”, “us” and “our” refer to the registrars listed at the bottom of this document, any one of which will be the registrar for your domain name and all of which share common ownership, common terms and conditions, and a shared Services infrastructure. To determine which registrar your domain name is registered with, perform a WHOIS lookup at http://www.uwhois.com. You obtain the Services first through a Primary Service Provider, PDR LTD, with whom we have a wholesale relationship. Your relationship with your Primary Service Provider may be governed by additional terms, as you and your Primary Service Provider may agree. “We,” “us” and “our” does not include your Primary Service Provider, except when specifically mentioned or unless your Primary Service Provider is one of us (i.e. if your Primary Service Provider is also one of the registrars listed at the bottom of this document).
YOU AGREE TO THIS AGREEMENT
By using the Service(s), you agree to all terms and conditions of this Agreement, the UDRP (define below) and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by ICANN, the registries, and governments.
PASSAGE OF TIME
This Agreement will change over time. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your domain name registration services to another registrar or request of us that we cancel your domain name registration services. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes. Any such revision or change will be binding and effective within 30 days of when the revised Agreement or change to the Service(s) is posted to the website of either the Primary or Backend Service Providers, or 15 days after you view the revised Agreement or 15 days after notification is sent to the e-mail address provided in association with your domain name registration. You agree to review this Agreement periodically to make yourself aware of any such revisions.
You must create an account to use the Services. Your account is typically going to be managed and/or provided by your Primary Service Provider. You are responsible for maintaining and updating all login IDs, passwords, and for all access to and use of your account by you or any third party.
SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S)
We and your Primary Service Provider may reject your domain name registration application or elect to discontinue providing Service(s) to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, we and your Primary Service Provider may terminate or suspend the Service(s) at any time for cause, which, without limitation, includes registration of prohibited domain name(s), abuse of the Services, payment irregularities, serious allegations of illegal conduct, or if your use of the Services involves us in a violation of any Internet Service Provider’s (“ISP’s”) acceptable use policies, including the transmission of unsolicited bulk email. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option. If we have grounds to terminate or suspend Service(s) with respect to one domain name or in relation to other Service(s) provided through your account, we may terminate or suspend all Service(s) provided through your account, including Service(s) to other domain names. No fee refund will be made when there is a suspension or termination of Service(s) for cause. At any time and for any reason, we may terminate the Services 30 days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name or risk that we may delete your domain name or suspend or modify Services to it. If we terminate Services for a reason other than cause, we will attempt to refund your fees. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar or registry administrator procedures approved by an ICANN-adopted policy, to correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the resolution of disputes concerning the domain name.
We resell domain names from accredited registrars with the Internet Corporation for Assigned Names and Numbers (“ICANN”) for Top Level Domain Names (“TLDs”) (such as .com, .net, .org, .de, co.uk, etc.). ICANN oversees registrations and other aspects of the TLDs. Domain name registrations are not effective until the registry administrator puts them into effect. For a list of registry administrators and for more information on TLDs, see HYPERLINK http://www.icann.org/tlds/. Domain name registrations are only for limited terms, terms which end on the expiration date. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry; for domain names registrations which were not returned to the available namespace, the term begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry. You agree that we and your Primary Service Provider are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration (our limitation of liability is explained further, below). You further agree that domain name registration is a service, that domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that domain name registration services do not create a property interest.
YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY CLAIM(S)
You further agree to indemnify, defend and hold harmless us, your Primary Service Provider, and applicable registry administrator(s) (including Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties’ directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, the domain name registration services you are obtaining from us.
NOT INCLUDED IN THE SERVICES
Without limitation, the following are not included in the Services: We cannot and do not check to see whether the domain name(s) you select, or the use you make of the domain name(s), or other of the Service(s), infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use infringes legal rights of others. We might be ordered by a court to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. We will comply with court orders unless you contact us to contest the order.
IF LAWSUIT(S) ARE THREATENED
If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney’s fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.
DISPUTE RESOLUTION POLICY
You agree to the Uniform Domain Name Dispute Resolution Policy (“UDRP”), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm . You agree that the UDRP may be changed by ICANN (or ICANN’s successor) at any time. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.
As consideration for the Service(s), renewal of the Service(s), and, if you keep it, automatic renewal of the Service(s), you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.
CREDIT CARD AND OTHER CHARGES
If you have an issue with credit card charges, you should contact your Primary Service Provider (if any), first, and us, secondarily, regarding the issue before you contact your credit card company to request a charge back or reversal of the charges. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s), you agree that we and/or your Primary Service Provider may suspend access to any and all accounts you have with us and/or your Primary Service Provider and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our systems and/or on the systems of your Primary Service Provider shall be assumed by us or your Primary Service Provider, as the case may be. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our then-current reinstatement fee, currently set at $200(US Dollars). Reinstatement of Service(s) by your Primary Service Provider may be according to the terms, if any, between you and your Primary Service Provider relating to reinstatement. Charges for the Service(s) which use our credit card payment processor will be identified on your credit card statement as “Domain Name Registration.” We are not responsible for how charges appear on your credit card statement when the transaction is processed by your Primary Service Provider’s or another third party’s credit card payment processor.
EXPIRATION AND RENEWAL OF SERVICE(S)
Domain registrations are automatically renewed; opt-out of auto renewal is available in client control panel. You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we and/or your Primary Service Provider may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you keep automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully. *please note: for certain TLDs, the automatic renewal option is not available
OGDEREK endeavours to renew Domain(s) on behalf of the Client. However, OGDEREK makes no guarantee that attempted renewals, including attempts to renew expired domains, will be successful and it is the Client’s responsibility to check the WHOIS database, and any other source, to ensure the Domain name has been renewed.
ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION
As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s). You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed. Not providing requested information may prevent you from obtaining all Service(s). You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase “Name Only” Services, you agree that we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from “Name Only” Services.
YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION
In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, you represent that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (b) that you have obtained the third party’s express consent to the disclosure and use of that party’s information as set forth in this Agreement. By registering a domain name or applying for other Service(s) you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. You further agree that your failure to respond for over ten (10) calendar days to inquiries by us concerning the accuracy of account and WHOIS contact information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Service(s) to you. As indicated elsewhere in this Agreement, you understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), you may lose your rights to the domain name(s) or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction therewith. While we will perform due diligence to ensure domain information is correct, it is your responsibility to report any discrepancies regarding domain names to us including but not limited to: incorrect expiration date, incorrect contact information, and erroneous billing.
ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY
In order to change any of your account or domain name WHOIS information, you must access your account with your Primary Service Provider (if any), or your account with us. Please safeguard your account login identifier and password from any unauthorized use. You agree that any person in possession of you account login identifier and password will have the ability and your authorization to modify your account and domain name information. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. You agree that, if we take reasonable precautions in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact us alleging that a third party has unauthorized access to your account or domain names, you agree that we may charge you administrative fees of $50 (US dollars) per hour for our time spent in relation to the matter, regardless of whether or not we return control over the account and/or domain names to you.
You agree that transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a “Registrar Lock” on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed. To transfer your domain name(s) you should first login to your account to lock or unlock your domain name(s) and/or to obtain the EPP “AuthCode” which is required to transfer domain services in an EPP registry (such as .org). Alternatively, you should contact your Primary Service Provider to have your domain name(s) services locked or unlocked or to obtain the EPP “AuthCode.” If your Primary Service Provider is unresponsive, you may contact us to have your domain name(s) locked or unlocked or to obtain the EPP “AuthCode” though we may first contact your Primary Service Provider to request that the Primary Service Provider address the request. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and loosing registrars as outlined in ICANN’s transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
You agree and consent that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws. One of the ways that we may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us. Please click here if you would like your WHOIS information made available for bulk access. We reserve the right to discontinue providing bulk WHOIS data access to third parties.
OWNERSHIP OF INFORMATION AND DATA
You agree and acknowledge that we own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.
AGENTS AND LICENSES
You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.
USE OF FREE SERVICES
In consideration for providing additional optional Services for which we do not charge an additional fee, including, but not limited to, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other services which we may introduce from time to time but for which there is not a separate fee (“Free Services”), you agree that, if you use such Free Services, we may display advertising in conjunction therewith through the use of pop-up or pop-under browser windows, banner advertisements, audio or video steams, appendices to emails, or other similar advertising means, and that we may aggregate related usage data by means of cookies and other similar means. You agree that from time to time we may provide you with free or low-cost domain name(s) services (“Promotional Name(s)”). If we do so, the services for the Promotional Name(s) will be placed in the same account as your other domain name(s) and you will be listed as the registrant, though we may point the Promotional Name to IP address(es)of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and agree to the terms of this Agreement with respect to such Promotional Name(s). If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and we will be listed as the domain name registrant. Alternatively, you may contact us or your Primary Service Provider to request that we delete the Promotional Name from the namespace. For any domain name services, including these Promotional Names, for which you are listed as registrant but for which you do not pay the registration or renewal fee, you agree that we may assign name-servers to the domain name and point the domain name to IP address(es) designated by us until the registration or renewal fee is paid.
AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION
Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
Reactivation Period Process
For a period of approximately 30 days after expiration of the term of domain name registration services, you acknowledge that we may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, called the “reactivation period.” You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a reactivation period and that we shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which we and your Primary Service Provider may determine. You acknowledge and agree that we may make expired domain name services(s) available to third parties, that we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.
After the reactivation period, you agree that we may either (i) discontinue the domain name registration services at any time thereafter, (ii) that we may pay the registry’s registration fee or otherwise provide for the registration services to be continued, or, (iii) if we auctioned the domain name services to a third party, that we may transfer the domain name registration services to such third party.
In the case of (i), above, you acknowledge that certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the “Redemption Grace Period” (“RGP”). You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in the RGP process with respect to any or all of your domain name registration services and that we shall not be liable therefore. If available, RGP typically ends between 30 and 42 days after the end of the reactivation period of the domain name services, as the reactivation period applied to you. The typical RGP fee is $250 plus any registration fees. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued.
In the case of (ii), above, you acknowledge that we may then set the name-servers and the DNS settings for the domain name services, that we set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and you acknowledge that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result. You agree that we are not obliged to contact you to alert you that the domain name registration services are being continued. In this case, the domain name will be designated as being in the extended redemption grace period (“ERGP”), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay a fee of $250 (US dollars) plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services.
In the case of (iii), above, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services for a period of up to 42 days after the end of the reactivation period, as such reactivation period applied to you. You agree that we are not obliged to contact you to alert you that the domain name registration services are or were auctioned. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result of such an auction. To exercise your rights to recover auctioned domain name services, you must contact us and provide us with a certified letter addressed to “Expiration Recovery” and including documents setting forth your identity and address, which identity and address must be the same as that of the registrant as it was listed in the WHOIS information for the domain name services prior to expiration, a copy of a commonly accepted (in the United States) picture ID (such as a drivers license or passport) which supports your identity and address claim, a front and back photocopy of your credit card and you must a statement authorizing payment of the reinstatement fee to such credit card, which is $250 plus any registration fees. In doing so, you must provide us with sufficient time to allow us to receive and evaluate your documents and to contact the auction winner prior to the end of 30 days after the end of the reactivation period of the domain name services.
LIMITATION OF LIABILITY
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL 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 WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00 US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
With respect to ICANN, the registry operators, us, and your Primary Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification required under the UDRP.
REPRESENTATIONS AND WARRANTIES: YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND JURISDICTION FOR DISPUTES: Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Romania. You agree that any action brought by you to enforce this Agreement or any matter brought by you and which is against or involves us and which relates to your use of the Services shall be brought exclusively in the Romania Court. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or domain name WHOIS information. Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder’s domicile, and (b) where we are located, currently Bellevue, W.A.
NOTICES: You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
INFANCY: You attest that you are of legal age to enter into this Agreement.
GENERAL: This Agreement and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
OGDEREK is committed to developing long-lasting relationships based on trust. As such, OGDEREK will do everything in its power to ensure that your right to privacy is maintained and protected. Our Services are not directed at children under 13 years of age.
2. Information We Collect
OGDEREK, Inc cares about your privacy. For this reason, we collect and use personal data only as it might be needed for us to deliver to you our world-class products, services and websites (collectively, our “Services”). Your personal data includes information such as:
Other data collected that could directly or indirectly identify you.
If at any time you have questions about our practices or any of your rights described below, you may reach our Data Protection Officer (“DPO”) and our dedicated team that supports this office by contacting us at [email protected] This inbox is actively monitored and managed so that we can deliver an experience that you can confidently trust.
We collect information so that we can provide the best possible experience when you utilize our Services. Much of what you likely consider personal data is collected directly from you when you:
create an account or purchase any of our Services (eg: billing information, including name, address, payment details);
request assistance from our customer support team (eg: phone number, case notes);
complete contact forms or request newsletters or other information from us (eg: email); or
participate in contests and surveys, apply for a job, or otherwise participate in activities we promote that might require information about you.
However, we also collect additional information when delivering our Services to you to ensure necessary and optimal performance. These methods of collection may not be as obvious to you, so we wanted to highlight and explain below a bit more about what these might be (as they vary from time to time) and how they work:
Account related information is collected in association with your use of our Services, such as account number, purchases, when products renew or expire, information requests, support requests, and notes or details explaining what you asked for and how we responded.
Data about Usage of Services is automatically collected when you use and interact with our Services, including metadata, log files, cookie/device IDs and location information. This information includes specific data about your interactions with the features, content and links (including those of third-parties, such as social media plugins) contained within the Services, IP address, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data, information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and error data, and some of this data collected might be capable of and be used to approximate your location.
Supplemented Data may be received about you from other sources, including publicly available databases or third parties from whom we have purchased data, in which case we may combine this data with information we already have about you so that we can update, expand and analyse the accuracy of our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
5. How we use this Information
We strongly believe in both minimising the data we collect and limiting its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services you purchase or interact with, or (3) as we might be required or permitted for legal compliance or other lawful purposes. These uses include:
Delivering, improving, updating and enhancing the Services we provide to you. We collect various information relating to your purchase, use and/or interactions with our Services. We utilize this information to:
Improve and optimize the operation and performance of our Services (again, including our websites and mobile applications)
Diagnose problems with and identify any security risks, errors, or needed enhancements to the Services
Detect and prevent fraud and abuse of our Services and systems
Collecting aggregate statistics about the use of the Services
Understand and analyze how you use our Services and what products and services are most relevant to you
Often, much of the data collected is aggregated or statistical data about how individuals use our Services, and is not linked to any personal data, but to the extent it is itself personal data or is linked or linkable to personal data, we treat it accordingly.
Sharing with trusted third parties. We may share your personal data with affiliated companies within our corporate family, with third parties with which we have partnered to allow you to integrate their services into our own Services, and with trusted third party service providers as necessary for them to perform services on our behalf, such as:
Processing credit card payments
Conducting contests or surveys
Performing analysis of our Services and customers demographics
Communicating with you, such as by way of email or survey delivery
Customer relationship management
We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for (or without your consent).
Communicating with you. We may contact you directly or through a third party service provider regarding products or services you have signed up to or purchased from us, such as necessary to deliver transactional or service-related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our goods or services. These contacts may include:
Text (SMS) messages
Automated phone calls or text messages
You may also update your subscription preferences with respect to receiving communications from us and/or our partners by accessing your “Lab” page or by simply send us an e-mail at [email protected]
If you make use of a service that allows you to import contacts (eg. using email marketing services to send emails on your behalf), we will only use the contacts and any other personal information for the requested service. If you believe that anyone has provided us with your personal information and you would like to request that it be removed from our database, please contact us at [email protected]
Compliance with legal, regulatory and law enforcement requests. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.
To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process. We will also share your information to the extent necessary to comply with ICANN or any ccTLD rules, regulations and policies when you register a domain name with us.
Targeted advertisements. Targeted ads or interest-based offers may be presented to you based on your activities on our web pages, and other websites, and based on the products you currently own. These offers will display as varying product banners presented to you while browsing. We also partner with third parties to manage our advertising on our web pages and other websites such as Facebook, Twitter, Google and Microsoft. Our third party partners may use technologies such as cookies to gather information about such activities in order to provide you with advertising based on your browsing activities and interests and to measure advertising effectiveness. If you wish to opt out of interest-based advertising in the European Union please let us know at [email protected] Please note you will continue to receive generic ads.
6. Disclosure of Information
OGDEREK may also disclose aggregate, anonymous, data based on information collected from Users to investors and potential partners. In such cases, statistical information only will be disclosed and personally identifiable data will be kept strictly confidential. In case OGDEREK is sold, the information collected from users may be transferred to the new owners.
7. Special Offers and Updates
Our customers and users will occasionally receive information on products, services, special deals, and possibly a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications.
8. Service Announcements
On rare occasions, it is necessary to send out a strictly service related announcement, if, for instance, our service is temporarily suspended for maintenance. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
9. Legal Disclaimer
Though we make every effort to preserve your privacy, we may need to disclose personal information when required by law, if we have a good-faith belief that such action is necessary and required to comply with a current judicial proceeding, a court order or legal process served on OGDEREK.
10. Maintenance of Information
The information provided to OGDEREK is saved indefinitely and may be stored in one or more databases directly or indirectly maintained by OGDEREK. OGDEREK employs industry standard security measures to protect the confidentiality of the information.
While we cannot guarantee that loss, misuse or alteration to data will not occur; we make every effort to prevent such occurrences. Any other particularly sensitive information, such as credit card numbers collected for commercial transactions, is encrypted prior to transmission by you to OGDEREK.
Also you can access, edit and update your personal details in your Lab at any time – however, if you have any issue doing this, just send us a quick message at [email protected] and we will be more than happy to assist you in just a couple of minutes.
11. How we secure, store and retain your data
We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilisation of encryption where appropriate.
We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:
mandated by law, contract or similar obligations applicable to our business operations;
for preserving, resolving, defending or enforcing our legal/contractual rights; or
needed to maintain adequate and accurate business and financial records.
If you have any questions about the security or retention of your personal data, you can contact us at [email protected]
12. Your Responsibility
You are responsible for the security of the login information, such as usernames and passwords, which give you access to your private information maintained by OGDEREK. Make sure you keep login information in a safe place and do not share it with others.
Note that key-loggers, viruses, or other surveillance devices can intercept login information on the computers from which you access our Services, so you should take precautions regarding such devices, especially from public computers. In addition, you should always log out from any relevant Services when you are not actively using them.
14. Infrastructure and data security access and manipulation
According to the GDPR, the controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
OGDEREK operates global infrastructure designed to provide state-of-the-art security through the entire information processing lifecycle. This infrastructure is built to provide secure deployment of services, secure storage of data with end-user privacy safeguards, secure communications between services, secure and private communication with customers over the Internet, and safe operation by administrators.
We designed the security of our infrastructure in layers that build upon one another, from the physical security of our upstream providers ( Amazon, DigitalOcean, IBM, etc. ), to the security protections of our hardware and software, to the processes we use to support operational security. This layered protection creates a strong security foundation for everything we do.
OGDEREK uses encryption to protect data in transit and at rest. Data in transit is protected using HTTPS, which is activated by default for all users and any other type of data is stored on machines that have at least 3 layers of security with limited access for anyone in the company.
For OGDEREK employees, access rights and levels are based on job function and role, using the concepts of least-privilege and need-to-know to match access privileges to defined responsibilities. Requests for additional access follow a formal process that involves a request and an approval from a data or system owner, manager, or other executives, as dictated by OGDEREK’s security policies.
We scan for vulnerabilities using a combination of commercially available and purpose-built in-house tools, intensive automated and manual penetration testing, quality assurance processes, software security reviews, and external audits. We also rely on the broader security research community and greatly value their help identifying vulnerabilities in all of our products. Our encourages researchers to report design and implementation issues that may put customer data at risk and most of the time we reward them with credit and free OGDEREK services.
Each and every customer can enable 2 factor authentication. 2-step verification greatly reduces the risk of unauthorized access by asking users for additional proof of identity when signing in. This can be enabled for the Lab panel and for cPanel/WHM as well ( if you don’t know how to do it, just let us know at [email protected] ).
On our infratsructure we also use an in house developed firewall that watch any suspicious login atempt and helps detect suspicious logins using robust machine learning capabilities – also the entire infratsructure is monitored in real time 24/7/365 by real humans that can be proactive and take care of any kind of suspicious activity at the server level.
Terms of Service
The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of OGDEREK’s services implies agreement with these terms!
Any questions regarding this agreement should be sent to OGDEREK’s sales department ( [email protected] ) or asked in LiveChat prior to signing up for service.
Terms of Service
OGDEREK, Inc (hereinafter referred to as “OGDEREK”) provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using OGDEREK services.
The OGDEREK Service Agreement is a separate agreement between OGDEREK and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using OGDEREK’s services. Contact our sales department for any clarifications.
Link: Service Agreement
The OGDEREK Resource Usage Policy is an extension of the Terms of Service containing more specific utilization policies. Please make sure you are in agreement with its points and conditions before signing up for or using OGDEREK’s services. Contact our sales department for any clarifications.
Link: Resource Usage Policy
The OGDEREK Domain Registration Agreement is applicable for all domains registered by or transferred to OGDEREK by a client. By registering or transferring a domain, client acknowledges their acceptance of the Domain Registration Agreement. Contact our sales department for any clarifications.
Link: Domain Registration Agreement
All services provided by OGDEREK may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless OGDEREK from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on any OGDEREK server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to OGDEREK servers or any other server on the Internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.
Examples of non-acceptable content
a.) Pirated software
b.) Bulk Email related products
d.) Hacking/cracking related websites
e.) Warez and/or copyrighted MP3s
f.) Material illegal under United States of America law
g.) Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)
OGDEREK will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason.
OGDEREK will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.
System Resource Usage
If OGDEREK’s system administration team determines that an account is utilizing an unacceptable amount of system resources, OGDEREK may temporarily deactivate the account in question. If OGDEREK’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with seven (7) days in which to either upgrade to a VPS or other hosting solution as recommended by OGDEREK staff or locate a new provider. This only occurs in extreme cases; OGDEREK will do all it can to assist customers prior to this scenario.
OGDEREK will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
Link: Resource Usage Policy
OGDEREK performs nightly backups of shared, reseller and WordPress servers; however, these backups are for OGDEREK’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. OGDEREK does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on OGDEREK’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
Unsolicited Email (SPAM)
SPAMing, or the sending of unsolicited email, from a OGDEREK server or using a return email address that is maintained on a OGDEREK server is STRICTLY prohibited. Using SPAM to advertise a site hosted on OGDEREK’s network also constitutes as a violation of this provision. OGDEREK will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated.
For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $90/hour for any cleanup, research, and related work from their illegal activities.
Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.
At OGDEREK, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host.
Any attempts to undermine or cause harm to a OGDEREK server or customer of OGDEREK is strictly prohibited.
OGDEREK will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation. OGDEREK will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.
Cancellations are processed by our Billing department; hours for Billing can be found here. To cancel an account, a cancellation request via Laboratory ( lab.OGDEREK.com ) must be submitted. The following information is required when completing a cancellation request in Laboratory ( lab.OGDEREK.com ):
a.) The primary domain name on the account
b.) Answer to your selected security question on file
c.) Confirmation that you have downloaded a backup of all necessary files
The above information is required for the protection of all customers to ensure only account owners are able to cancel accounts.
Payments and Billing
Unless otherwise provided, OGDEREK will automatically bill your payment method on file. You expressly acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment methods on file for each Renewal Term, unless you terminate or cancel the Services prior to such charge as provided in this section. All fees are billed in United States Dollars (“USD”) and are subject to change with prior notice to you. We will provide you with at least seven (7) days’ notice of your renewal pricing before charging you on any annual or longer term plans.
OGDEREK is only able to automatically collect payment from customers with credit cards stored on file. All other payment methods (e.g. PayPal one time payments) must be initiated manually by you. It is your responsibility to ensure that all fees are paid no later than their due date.
As a customer of OGDEREK, it is your responsibility to ensure that all billing information on file with OGDEREK is accurate and that any credit card or other automated payment methods on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. OGDEREK screens all orders for fraud. In certain cases, if your account is flagged for fraud, your order will not be processed. OGDEREK has no liability for not providing Services, including third party services if your account fails the fraud screen.
Any account not paid in full by the end of the Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, OGDEREK reserves the right to suspend your Services. OGDEREK reserves the right to terminate Services thirty (30) days following suspension of Services for non-payment.
OGDEREK is not responsible for any damages or losses (including of any data) as a result of suspension or termination for non-payment of your account. In addition, OGDEREK reserves the right to refuse to reactivate your Services until any and all outstanding invoices have been paid in full.
Money Back Guarantee and Refund Policies
The 45 Day Money Back Guarantee applies to the following services only:
Shared Web Hosting
A 15 Day Money Back Guarantee applies to the following services only:
Managed VPS Hosting
The 15 or 45 Day Money Back Guarantee does not apply to nor are refunds available for the following services:
Domain Name Registrations/Transfers/Renewals
Note that the 15/45 day period ends exactly 15/45 days from the day on which account was originally activated (not the day the order was placed). It is not valid towards account renewals. The Money Back Guarantee is VOID if your account violates our Terms of Service, Service Agreement, or any of our policies in place. Setup fees are non-refundable. External services, such as but not limited to, dedicated IP addresses, installation charges, etc., are non-refundable.
Outside of the Money Back Guarantee, OGDEREK has a no refund policy. However, on a case-by-case basis and at its sole discretion, OGDEREK may award a pro-rated refund to a client.
Service credits issued to accounts are not eligible for a refund and will remain on the account for two (2) years after the last hosting account is canceled. If the service credit is not utilized within that time frame, said service credit is forfeited and You hereby agree to release OGDEREK from all liability for use of such service credits.
30 Day Free Trial Policies
The 30 Day Free Trial applies to the following services only:
This offer is valid for new customers only. Please note that valid payment information is required in order to legitimize the order. For verification purpose, our system will charge your credit card with $1. Once the order is active, we will automatically refund the $1 amount as a credit to your OGDEREK account.
Unless otherwise specified, this promotion is valid only for the first month/invoice. Future invoices will be billable at regular contract term pricing. We only offer one free trial per person.
After your free trial ends, your account will renew for the billing term selected at sign up (monthly). If you wish to change your billing frequency, please contact us.
If you are not happy, you can cancel within 30 days and pay nothing at all. If you have any questions about this offer, please contact our Sales Department prior to placing your order.
Free Domain Name Policies
Customers that sign up for a OGDEREK hosting plan and choosing 12, 24 or 36 months as the billing cycle will receive a complimentary one-year domain registration for free.
The Free Domain Name applies to the following domain extensions only:
And the following hosting plan types:
Note that this offer is valid for new domain name registrations only. Free domain name must be ordered during sign up (new customers only). If you cancel within the 30 Day Money Back Guarantee, you will be refunded 100% of your payment minus the current cost of the domain name registration. The domain name will be registered in client’s name and contact information.
Unless otherwise specified, all promotions are only valid for the first term/invoice. Future invoices will be billable at regular contract term pricing. One free domain name per account. If you have any questions about this offer, please contact our Sales Department prior to placing your order.
Prohibited Persons (Countries, Regions, Entities, and Individuals)
Certain entities and individuals are prohibited from registering for and using our services pursuant to export and control laws and trade and economic sanctions imposed by the U.S. or other governments, as applicable. In particular, without limitation, the U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries or regions (each a “Sanctioned Country/Region”) and certain individuals, organizations or entities, including without limitation, “Specially Designated Nationals” (“SDN”) listed by OFAC. By using our services you represent and warrant that you are not located in a Sanctioned Country/Region or listed as an SDN. Unless otherwise provided with explicit written permission, OGDEREK also does not register and prohibits the use of any of our services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country/Region.
Failure to Follow Policies
Failure to fully comply with these terms is grounds for account suspension and/or deactivation. Any accounts and/or servers contained within OGDEREK’s network must adhere to the above policies.
We reserve the right to remove any account without prior notice. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.
OGDEREK reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.