Service Agreement | AcidPrint - Professional Printing Solutions

Service Agreement

The following agreement is by and between Acidprint of Blk 102 Yishun Ave 5 #02-121 Singapore 760102 and

__________________________________________________(Client) of __________________________________________________ __________________________________________________(Address)

WHEREAS, Acidprint provide internet hosting services (hereafter known as the ‘servers’) such as Web server, FTP server, POP server, etc, and web design/development services and other media/print services.

WHEREAS, Client seeks to utilize Acidprint’s server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Acidprint can make no guarantee that any given reader shall be able to access Acidprint’s server at any given time. Acidprint represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

Equipment, Connection, Material, Products and Services:
1. Client will access the servers using their own facilities. Content/data to be transfer to and from the servers in a form that is meant for that particular server. Acidprint shall make no effort to validate this information for content, correctness or usability.
2. Acidprint will exercise no control whatsoever over the content of the information passing through the network. Acidprint makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Acidprint also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Acidprint is at the Client’s own risk, and Acidprint specifically denies any responsibility for the accuracy or quality of information obtained through its services.
3. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Acidprint expressly limits its damages to the Client for any non-accessibility time or other down time to the prorated monthly charge during the system unavailability. Acidprint specifically denies any responsibilities for any damages arising as a consequence of such unavailability. Claims under server uptime guarantee (if any) is limited to pro-rated hosting fee excluding setup fee and domain name fee. Server uptime is limited to normal web and email services only and excludes other services ( such as database, antivirus, antispam, webwizard, control panel, etc), maintenance time, occasional server reboots, problems created by customers, hacking, denial of service attacks and bandwidth connectivity issues.
4. In the event that the material is not “Server-ready” or “Server-Compatible”, Acidprint may, at its option and at any time, reject this material, including but not limited to after it has been put on Acidprint’s Server.
5. Acidprint maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
6. Unless otherwise stated, Acidprint maintains control and ownership of all design and programming work. Client is licensed to used the work provided for the initial intended purpose.
Intellectual Property (I.P):
1. Client warrants that it has the right to use the applicable I.P which they serve via Acidprint servers. Client will hold Acidprint harmless from any I.P infringement claims by 3rd party.
2. Customer using Acidprint provided web templates (eg. XpressWeb design services) are to use the template for website only and for the period with active and approved hosting package with Acidprint. Client will ceased to use the template design once hosting subscription has been terminated. Usage of the template itself or design elements within the template is not allowed for other purposes (eg. powerpoint presentation, brochure printing, etc).
Hardware, Equipment & Software:
1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Acidprint. Acidprint makes no representations, warranties or assurances that the Customer’s equipment or software will be compatible with the Acidprint service.
Internet Etiquette:
1. Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Acidprint may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Acidprint. All messages transmitted via Acidprint should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
2. Use of distribution lists for any unsolicited electronic mail or other mass electronic mailings is strictly prohibited. Acidprint reserves the right to deactivate the Client’s Virtual Server account(s) upon an indication of such activity.
Application and Termination:
1. Acidprint has the right to reject any application as it’s own discretion. This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, Acidprint may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement (to be decided by Acidprint at full discretion) or upon an indication of credit problems including delinquent payments. All money due to Acidprint will be immediately payable. Client shall cease usage of all resources provided by Acidprint (eg. scripts provided, WebWizard/SiteStudio and web pages generated by WebWizard/SiteStudio, etc). Hosting fee paid for current billing period will not be refundable unless such termination is initiated by Acidprint where there is no breach of conditions by the client.
Limited Liability:
1. Client expressly agrees that use of Acidprint’s Server is at Client’s sole risk. Neither Acidprint, its employees, affiliates, agents, third party information providers, or the like, warrant that Acidprint’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Acidprint Server service.
2. Under no circumstances, including negligence, shall Acidprint, its offices, agents or any one else involved in creating, producing or distributing Acidprint’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Acidprint Server service; or that results from mistakes, omissions, interruptions, deletion or loss of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Acidprint’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Acidprint’s Server service and is solely responsible for independent backup of data stored on Acidprint’s Server Service.
3. Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.
Lawful, Moral and Ethical Purpose:
1. Client shall not use Acidprint’s Server for illegal, immoral, unethical purpose. Transmission of any material in violation of any regulation of the Republic of Singapore or the United States of America is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
2. Activities such as spamming, mass-mailing, hacking, credit fraud, pornography are all prohibited.
Indemnification:
1. Client agrees that it shall defend, indemnify, save and hold Acidprint harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Acidprint, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Acidprint against Liabilities arising out of (i)any injury to person or property caused by any products sold or otherwise distributed in connection with Acidprint’s Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on Acidprint Server.
2. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Acidprint is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
Reselling:
1. You can resell all Acidprint hosting plan. However, the hosting contract is with you directly and not with your customer.
2. Client are not allowed to represent themselves as Acidprint’s agent or in any relationship with Acidprint unless expressly allowed to do so.
Pricing, Payment & Scope:
1. All prices are subjected to change and will be updated on our webpages.
2. Customer will be liable to Acidprint for the fee of their package once application has been submitted.
3. All free offerings/addons/software are not part of the total contractual package and will be provided by Acidprint only on a good effort basis.
4. Customer must ensure that payment is made promptly for all products and services (web hosting, printing, web design, etc). Acidprint reserves the right to withhold or terminate all services and the domain name unless full payment has been received for all invoices.
5. Acidprint reserves the right to change details of services offered without prior notice (eg. change of software and hardware platform, discontinuance of particular service, etc).
Policies:
1. The Client will adhere to all our policies as spelt out below and any future amendments/additions.
2. These policies are subject to change. It is the Clients responsibility keep abreast of any changes.
3. This Agreement shall be governed and construed in accordance with the laws of the Republic of Singapore, the United States of America and of the Internet.

Anti-Spam Policy

Unsolicited Commercial E-mail or “Spam” sent from/using any Acidprint Account is not tolerated. This includes any e-mail that promotes web sites hosted on a Acidprint Virtual server sent from an email address not associated with a Acidprint account.
Acidprint may or may not choose to give a warning to the customer (or the reseller) after the first incident (alleged or otherwise) of such a violation. After the second violation, the account will be terminated without any further warnings.
We believe strongly in promoting “netiquette”, or proper use of the Internet. A strong anti-spamming policy will benefit all of us by establishing Acidprint & our customers as effective sources of virtual servers and web design services

Acidprint Proper Use Policy

Any Virtual Server that is used for illegal, abusive, or unethical activity may be immediately deactivated by Acidprint without warning to you.
Illegal, abusive or unethical activities may include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses as determined by Acidprint.
You may not use Acidprint network as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else’s network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action. Acidprint will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability. Cobalt Racks reserves the right to charge up a reasonable investigation fee per complaint to investigate.
Unlimited transfers/hits and other form of services are constraint within the bandwidth/network/server resources provided and the supported server/network load within average and reasonable usage of your package. Occasional small surges will also not incur any extra charges. However, if frequent or prolong excessive load/surges on the server/network occur, we will contact you to rectify the situation and might suspend the service temporarily till the issues have been resolved. You may choose to be transferred to a higher-end package (if available) if such load is going to be persist. Determination of what constitutes reasonable usage will be at Acidprint discretion.
You agree to indemnify and hold Acidprint harmless from any claim resulting from your publications or use of illegal, abusive, or unethical materials.
Acidprint may make reasonable effort to alert you to such activities when discovered, and may allow you an opportunity to fix them within a 12-hour period after discovery. However, Acidprint is not required to give such notice before deactivating your use of our services if, in our discretion, your use is or results in illegal, abusive, or unethical activities.
If a Virtual Server is disabled, the regular fees still apply until the Virtual Server is terminated by the Client or Reseller.

Technical Support Policy

Acidprint is responsible for supporting our clients by isolating problems on our server which affects the normal use of the your Acidprint Virtual Server.
This however, does not include any software/hardware consultancy, fulfilling any programming based requests, including cgi or software installation & debugging. We will however, at our discretion, provide basic assistance and advice based on your description of the problem which you have encountered.
Acidprint will not be responsible for technical support for third party vendor products/software. As such, please refer your questions to the vendor of the program.
If you so wish for Acidprint to provide added technical support for the purposes of installing/debugging your cgi scripts/software, please contact Acidprint for pricing details.
You can send in support request via email 24 hours a day. Under normal circumstances, we will as soon as we can during business hours. Support during off-business hours and holidays may be provided for critical cases only.

Billing And Payment Information

This page should answer some questions you might have about how you are billed for the Virtual Servers Packages.

Orders taken takes 1-7 working days to process.
Payment is accepted in Singapore Dollars only.
Payment can be in form of mailed Money/Postal Orders, Cheques (Checks), wire transfer, online credit card(if made available) or Cash payment at our office
Payment may be billed in 1, 3, 6, 12, 24, 36 Month cycles depending on the packages/contract.
Termination of service must be submitted by client with 14 days prior notice.
All servers will terminate on the last day of the month. If the two weeks notice is not sufficient to cover the current month, your server will be terminated at the end of the following month.
If you terminate before your next billing cycle, you will be refunded the pre-paid bill for the next billing cycle if the contract period is shorter than the billing cycle.
A S$8 administrative fee plus any postage & bank charges is payable to Acidprint for any refunds made out.
All refunds will be made out by normal mail via cheques/checks.
Once your order has been processed and any necessary bills paid, your server configuration information will be sent to you via E-mail.
You will be billed via email.
You are expected to make payment on time. Failure to do so will result in immediate server termination. A reactivation fee of $50 applies.
Billing dates will commence upon activation of passwords.
All prices are subjected to change. New prices will be updated in our website.
Note: If you change the configuration on your server in such a way that it no longer works, we will fix it for you at fee.
If you have any further questions about billing, please feel free to send us an E-mail message.

Domain Registration Agreement

Preliminaries: Acidprint is a reseller of domain name from ICANN accredited domain registrar. The purpose of this Registration Agreement (“the Agreement”) is to specify the terms, conditions, and obligations which a customer agrees to accept by the his, her or its conduct of using the Services of Acidprint for the registration and renewal of the registration of a domain name, or by opening an account with Acidprint for such purpose.

1. Definitions: As used in this Agreement, the following terms have the following meanings:

(a) “you” and “your” refer to each customer, that is, each person who registers a domain name with Acidprint, and/or opens an account with Acidprint either for that person or on behalf of a third party;

(b) “we,” “us,” and “our” refer to Acidprint;

(c) “Services” refers to the domain services provided by us as offered through Acidprint.com, the Registration Service Provider (“RSP”);

(d) “Account” means an account opened with Acidprint for the registration of domain names and the payment for such registrations;

(e) “Account Information” refers to information about you as may be required by our domain name registration, reservation, renewal, or transfer processes, and by our process for opening a new wholesale account;

(f) “Registrar” means a domain name registrar or other RSP, whether or not accredited by ICANN;

(g) “Top Level Domain” means the highest-level extension of a domain name, i.e., .com, .net., org., .info, .biz;

(h) “Registry” means the domain name registry associated with the Top Level Domain of the domain name you have registered;

(i) The term “New Registry” applies to a Registry associated with any new ICANN-approved Top Level Domain during the time that such Registry is in either the Sunrise Period or the Land Rush Period for such a new Top Level Domain, as well as during the time it is continuing to administer disputes and domain name allocations issues which arose during these periods;

(j) “Sunrise Period” means a specified time period, after the commencement of registrations for domain names in any new ICANN-approved Top Level Domain, during which challenges to new registrations and registrants for such domain names must be resolved through an administrative resolution process specified by the applicable New Registry; and,

(k) “Land Rush Period” means a specified period of time, commencing immediately after the conclusion of any Sunrise Period (including any “cooling-off” portion of such period) wherein multiple registrants may seek the registration of the same domain name within a New Registry, and such domain name will thereafter be allocated by the Registry.

2. The Agreement (Basics): This Agreement explains our obligations to you, and explains your obligations to us, for various Services. By using our Services, you have agreed to establish an account with us for such Services. When you use your account, or permit someone else to use it for any purpose whatsoever (whether or not we are notified of your having given authorization to such third party to use your account), this Agreement covers such use and the service sought or rendered. By opening an account with Acidprint, or by using any Services under this Agreement (such as the registration or renewal of a domain name), you acknowledge that you have read, and you agree to be bound by all terms and conditions of this Agreement, and any pertinent rules or policies that are or may be published by us.

3. Rights to a Domain Name: We cannot and do not check to see whether a domain name you select, or whatever use you make of a domain name, infringes the legal rights of others. We urge you to investigate whether a domain name you select may infringe legal rights of others, and we urge you seek the advice of competent counsel for this purpose. You should consider seeking one or more trademark registrations in connection with your domain name. Also, it is possible that we might at some time be ordered by a court to cancel, modify, or transfer your domain name. If we are sued or threatened with lawsuit in connection with the registration of your domain name, we may, at our discretion, turn to you to hold us harmless and indemnify us.

4. Fees, Payments and Registration Period: As consideration for the services you use, you agree to pay us the applicable service fees. These fees can be found at http://www.Acidprint.com, linked sites or via correspondences. All fees payable there under are non-refundable unless we provide otherwise. Acidprint reserves the right to change these fees, or to institute additional fees, at any time. As further consideration for the Services, you agree to:

(a) Pay all applicable service fees in a prompt and effective manner, or, if (at our sole discretion) credit is granted, in due time;

(b) Authorize us to delete, reassign, or auction unpaid domain names in order to cover any fees due which have not been timely paid in full, plus any legal or collection fees;

(c) Provide current, complete and accurate Account Information during any registration, reservation, renewal, or transfer process;

(d) Maintain and update your Account Information as necessary in order to keep it current, complete and accurate; and

(e) Authorize us to disclose to third parties any such Account Information for any purpose.

(f) Allow year-on-year automatic renewal for multi-year registration up till the number of years which you have chosen to register, instead of full block years registration.

5. Certifications: By completing and submitting the domain name registration, renewal, reservation, renewal, or transfer applications (“Applications”), you represent that the statements you make in any such applications are true, and that the registration, reservation, renewal, or transfer of the selected domain names, so far as you are aware, does not interfere with or infringe upon the rights of any third party. You also represent that the Domain Name is not being registered, reserved, renewed, or transferred for any unlawful purpose.

6. Modifications to Agreement: (a)You agree that, during the period of this Agreement, we may:

(i) revise the terms and conditions of this Agreement; and

(ii) change the services provided under this Agreement.

(b) Any such revision or change will be binding and effective immediately on posting of the revised Agreement or any change to services on our web site, or upon notification to you by email or regular mail as per the Notices provision of this agreement, Paragraph 23. You agree to review our web site, including this Agreement, periodically to apprise yourself of any such revisions or changes

(c) If, after any such revision or change has been made by us, you decide that you do not wish to be bound by such change, you may transfer any and all of your domain names registered or reserved with us to another registrar. You agree that, unless and until you transfer all such domain names in such manner, or you cancel your registration of all such domain names, in writing or by email to Acidprint as per Paragraph 23, you shall be bound any revisions or change made by us as described in Paragraph 5(a).

7. Safeguarding Your Account: In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

8. Domain Name Disputes: (a) If you reserve or register a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the ICANN Uniform Dispute Registration Policy (“the Dispute Policy”) as this policy may be in effect at the time any dispute arises regarding claims by third parties to any rights to your domain name. This Dispute Policy is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy and applicable rules may be found at :http://www.icann.org/udrp/urdp.htm. Please take the time to familiarize yourself with this policy.

(b) If you register a domain name associated with a New Registry during an applicable Sunrise period, you agree to be bound by any Sunrise Dispute Resolution Policy (“SDRP”) for that Registry.

(c) In the event that a domain name dispute arises with any third party, you agree that you will indemnity and hold Acidprint, as well as its directors, officers, employees, and agents, harmless against all claims, damages, liabilities, costs, and expenses (including legal fees and expenses) arising out of or related to your domain name registration and any dispute concerning such registration.

(d) In the event that a domain name dispute results in a judicial proceeding, you agree to submit (without prejudice to other potentially applicable jurisdictions) to the jurisdiction of the courts of the registrant’s domicile and of Acidprint or Acidprint’s source registrar’s places of business as they may be located from time to time. Currently, Acidprint is located in Singapore and the source registrar is located in Miami, Florida, in the U.S.A.; and the applicable courts are location in the state courts in Dade County, Florida, the federal court of the Southern District of Florida, Dade County Division and/or other courts as determined by Acidprint.

(e) You agree that the registration of a domain name shall, for the following reasons, be subject to suspension, cancellation, or transfer pursuant to any policy adopted by ICANN, as well as to any procedures of Acidprint not inconsistent with an ICANN adopted policy: (i) to correct mistakes made by Acidprint or other ICANN accredited registrars and the registry in the registration of a domain name; and (ii) for the resolution of disputes concerning a domain name.

9. Announcements: We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and of those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security for or to enhance your identity on the Internet.

10. Required Information: (a) You must provide certain information in order to register or renew a domain name with Acidprint, and you must keep this information up-to-date, complete and accurate if you are to maintain your registration of that domain name. This Required Information is specified in the Acidprint new account form, and includes:

(i) Contact Information: your full name, postal address, e-mail address, voice telephone number, and fax number (if available);

(ii) For Organizations: If the registrant is a partnership, union, association, corporation, or other organization, you must also provide the name and contact information of an authorized person for contact purposes;

(iii) IP Addresses and Server Names: The IP address of the primary nameserver, and of any secondary nameservers, for the domain name, and the corresponding names of those nameservers;

(iv) Technical and Administrative Contacts: The following contact information for both a technical contact and an administrative contact for the domain name:

(A) the full name, postal address, email address, voice telephone number, and (if available) fax number of the technical contact for the domain name;

(B) the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name; and

(C) the name, postal address, email address, voice telephone number, and (if available) fax number of the zone contact for the domain name; and

(v) any remark concerning the registered domain name that should appear in the Whois data.

(b) You acknowledge that ICANN and the Registry for the Top Level Domain for your domain name may impose and alter guidelines, limits, and requirements relating to: the amount and type of information you must provide during the registration process; what information Acidprint may or must make available to the public or to private entities; and the manner in which Acidprint may or must make such information available. You agree to abide by such guidelines, limits, and requirements, as they exist now and as they may change from time to time.

11. Personal Information: Credit card information and a registrant’s password, as those items may be provided during the registration and renewal processes, shall be treated by Acidprint as Personal Information. Acidprint shall not disclose Personal Information, except as may be required by applicable law, by ICANN policies or procedures (as they may change from time to time), and, with regard to credit card information, as necessary in order to complete the transactions called for under this Agreement.

12. Maintaining Accurate and Updated Information: Should there be any changes or errors in your Required or Personal Information as that information is specified in paragraphs 10 and 11, above, you must immediately notify Acidprint of those changes, errors, and any corrections. Providing inaccurate or incomplete information, or failing to update information promptly, or failing to respond within fifteen (15) calendar days to inquiries by Acidprint concerning the accuracy of Required Information will constitute a material breach of this Agreement, and Acidprint may, in its discretion, reassign, cancel or revoke the registration of your domain name for such breach.

13. Third Party Use: Some domain name registrants intend to license the use of their domain name to a third party. Should you license to, or otherwise allow the use of a domain name by a third party, whether for profit or otherwise, you will nonetheless remain the registrant of record, and remain responsible for complying with the provisions of paragraphs 10, 11 and 12 above, and 15 below, regarding your own Required and Personal Information. Further, you shall remain responsible for any and all harm caused by wrongful or unlawful use of the domain name, subject to applicable laws and to the following exception: (i) you promptly disclose the identity of the third party user to any other party which provides you with reasonable evidence of actionable harm caused through use of the domain name; and (ii) you were not involved with, nor sanctioned, encouraged, or tolerated such wrongful or unlawful use of the domain name.

14. Use and Access of Required Information: (a) Anyone may access a registrant’s Required information to the extent that information may appear on the Whois form available for that purpose on the Acidprint website. The purposes for the collection of Required Information by Acidprint are: (i) to accurately, efficiently, and effectively process the registration application of the registrant and administer on a continuing and global basis the registration of domain names by itself and in coordination with ICANN and other ICANN accredited registrars; (ii) to identify to users of the Internet the registrants of specific domain names; (iii) to enable Acidprint to identify, for its own business purposes, geographic, commercial, and marketing trends in the use and registration of domain names; and (iv) to abide by the requirements of the ICANN as that body may from time to time require the disclosure and processing of Registrant Information. In addition, Acidprint may disclose any Required Information, specified in paragraph 10, above, to third parties or to the public at large, for any purpose and at its discretion. Acidprint does not promise or represent that any such information, once provided as part of the registration process, will be maintained in secrecy, or otherwise withheld from the public for any purpose.

(b) Acidprint will take reasonable precautions to protect Required Information and Personal Information from loss, misuse, unauthorized access or disclosure, alternation, or destruction, consistent with the provisions of this Agreement.

15. Access and Modification of Required and Personal Information: You may request a copy of your Required or Personal Information as maintained in Acidprint’s records, and may modify or update such information. To request, modify, or update information, send an email request to Acidprint at admin@Acidprint.com. Telephone calls or written correspondence for this purpose will not be accepted. The email request must include your account name, address, email address, telephone number, and password as currently on file. All Registrant Information requested or updated in this manner will be sent or confirmed by email.

16. Limitation and Consent: (a) Acidprint agrees that it shall not process the Required and Personal Information provided by you in a way which is incompatible with the purpose and other limitations set forth in paragraphs 11 and 14.

(b) You consent to the use and processing of the Required and Personal Information as described in this Agreement.

17. Limitation of Liability: (a) You agree that our entire liability, and your exclusive remedy, with respect to any service provided under this Agreement, and any breach of this Agreement by Acidprint, whether inadvertent or intentional, is solely limited to the amount you paid for such service. You agree that we, and our contractors, shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use, malfunction, or unavailability of any of the services, or for any costs incurred in obtaining substitute services. In the event that the law in which a court of competent jurisdiction and venue, as defined by this Agreement, resolving a dispute under this Agreement does not allow, or otherwise limits, the exclusion or limitation of liability for consequential or incidental damages, you agree that our liability before such courts is limited to the extent permitted by the applicable law. We disclaim, and you agree to hold us harmless from, any and all loss or liability resulting from, but not limited to:

(i) loss or liability resulting from access delays or access interruptions;

(ii) loss or liability resulting from data non-delivery or data misdelivery;

(iii) loss or liability resulting from acts of God;

(iv) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password;

(v) loss or liability resulting from errors, omissions, or misstatements in any and all information or services provided under this Agreement; and

(vi) loss or liability resulting from the development or interruption of your Web site or email service.

(b) You agree that we will not be liable for any loss of registration, or use by a third party, of registrant’s domain name; or for any interruption of business; or for any indirect, special, incidental, or consequential damages of any kind (including lost profits). Such waiver on your part of any liability on the part of Acidprint shall be effective regardless of the form of any action which might be brought whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. Furthermore, in no event shall our maximum liability exceed five hundred (S$500.00) dollars.

18. General Indemnity: (a) You agree to defend, indemnify and hold harmless Acidprint, and any other relevant domain name Registry, as well as the contractors, agents, employees, officers, directors and affiliates of us and these registries, from all liabilities, claims and expenses (including attorney’s fees) of third parties relating to or arising (i) under this Agreement, (ii) the Services provided hereunder, or (iii) your use of the services.

(b) This defense, indemnification, and hold-harmless agreement covers, without limitation, any infringement by you (or by someone else using your email service or identity) of: (i) any intellectual property or other proprietary right of any other person or entity; and (ii) the violation of any of our operating rules or policies relating to the services provided.

(c) In the event that we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify any relevant domain name registry or us. Your failure to provide those assurances may be considered by us to be a material breach of this Agreement, and will authorize us, at our discretion and without further notice, to suspend, cancel or transfer your domain name, and to suspend or terminate your account.

(d) You acknowledge that any New Registry will have no liability of any kind for any loss or liability resulting from the proceedings or processes relating to any Sunrise or Land Rush Periods, including, without limitation: (i) the ability or inability of a registrant to obtain a Registered Name during these periods; and (ii) the results of any dispute over a registration made or sought during a Sunrise Period.

19. Breach: You agree that your failure to abide by any provision of this Agreement, of any operating rule or policy published by us, or of the Dispute Policy, may be considered by us to be a material breach. We may provide a written notice describing such breach to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence which, in our discretion, is reasonably satisfactory that you have not breached your obligations under the Agreement, you authorize us to cancel or suspend your registration or reservation of your domain name, or terminate your account or other services we may be providing, without further notice. Any such breach by you shall not be deemed to be excused for the mere reason that we failed to recognize such breach at an earlier time, or, having recognized such breach, having failed to provide notice sooner in response to such breach. Further, no breach or remedy for any breach shall be deemed waived unless and until we provide written notice to you specifying such waiver.

20. Abuse of Service: (a) You agree not to abuse the services provided by Acidprint, whether intentionally or negligently. Abuse of service is any activity involving the use of services provided by Acidprint which (i) adversely affects the service that Acidprint can provide to other customers; (ii) adversely affects the ability of Acidprint to administer itself or to administer its services; (ii) adversely affects the ability of Acidprint to abide by ICANN policies and procedures, or by the laws or regulations of any state in which Acidprint customers may reside or do business; (iv) makes use of Acidprint’s services to violate the laws or regulations of any jurisdiction in which the Internet may operate; or (v) adversely affects the legal rights of a third party.

(b) You hereby represent and agree that, to the best of your knowledge, neither the registration of the domain name, nor the manner in which it will directly or indirectly used, infringes the legal rights of any third party.

(i) Using automated means to repeatedly, and in a continuous fashion, attempt to register domain names, or make use of Whois services to survey domain names, whether or not those domain names have been previously registered by another party, in such a manner as to pose the risk of impeding Acidprint from providing timely service to other subscribers;

(ii) Using domain names registered through Acidprint to send unsolicited mass mailings of a commercial nature to Internet users, e.g., spamming;

(iii) Using Acidprint’s servers, without the prior authorization of Acidprint, as part of a method of sending anonymous email to one or more Internet users;

(iv) Registering a domain name with the intent to deprive a rightful holder of a trademark the value or benefit of that holder’s use or possession of such trademark.

(d) You agree that abuse of service is a material breach of this agreement. You further agree that, in the event Acidprint obtains credible information that you have engaged in service abuse, it may, in addition to any remedies available under Paragraph 19 above, appropriate any and all funds you may have placed on deposit with Acidprint for payment of services anticipated but not yet rendered and reassign, cancel or suspend the registration of your domain name(s). At the time of such appropriation, Dot Register shall provide notice to you of its action and the basis of such action, including the specific allegation constituting abuse of service, and a brief description of the evidence that Acidprint currently has and intends to rely upon to establish the allegation. Any appropriated funds or domain names may be returned to you upon your demonstration, within ten days of the notice (as determined in paragraph 29) and to the satisfaction of Acidprint, that you have not engaged in the abuse of service specified in the notice; or upon an order of a court of competent jurisdiction under this agreement commanding such return.

21. No Guarranty: You understand and agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain name.

22. Disclaimer of Warranties: You warrant that the information that you provide to us to register or reserve your domain name or register for other Services is, to the best of your knowledge and belief, accurate and complete, and you agree to provide any future changes to this information to us in a timely manner, and in accord with the modification procedures in place at that time. You agree that your use of our services is solely at your own risk. You agree that such Services are provided on an “as is,” and “as available” basis. We expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the our email service, or that defects in the services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our 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 the email service or any transactions entered into through the email service. No advice or information, whether oral or written, obtained by you from us or through the email service 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.)

23. Revocation: You agree that we may, at our discretion, reassign, cancel or suspend the registration of your domain name, or terminate your right to use other services, if the Account Information which you provided or updated contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register, renew, reserve or transfer your domain name. You agree that we may, in our sole discretion, deactivate or transfer your domain name at any time subject to domain name ownership and registration rights under applicable law and the liability provisions within this agreement.

24. Right of Refusal: We, in our sole discretion, reserve the right to refuse to register, renew, reserve, or transfer your chosen domain name, or provide you with other services, or cancel or suspend the registration of your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register, renew, reserve, or transfer your domain name or provide you with other Services, or we cancel or suspend your domain name or other services within such thirty (30) calendar day period, we agree to refund your applicable fees. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, renew, reserve, or transfer your domain name; from our cancellation or suspension of the registration of your domain name; or from our refusal to provide you with other services.

25. Transfer of Domain Name by Registrant: (a) You may request a transfer of the registration a domain name from another Registrar to Acidprint. Alternatively, you may request a transfer of a domain name from registration with Acidprint to registration with another Registrar. Under either circumstance, no such request for a transfer will be honored by Acidprint for a period sixty (60) days after your initial registration of the domain name, that is, upon your initial registration of the name, regardless of whom your initial Registrar might have been, Acidprint will not honor any transfer request, to or from Acidprint, for a period of sixty days (commencing on the day after such registration); thereafter, Acidprint will honor your requests for transfers of your domain name as frequently as you may desire.

(b) Acidprint has the right to verify the authenticity of a domain name transfer request, and may reject any such request, in its own discretion, absent credible proof that you or your agent has requested or authorized the transfer of the name.

26. Severability: You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable by a court of competent jurisdiction and venue, as specified in this Agreement, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

27. Non-Agency Among the Parties: Nothing contained in this Agreement, the provisions incorporated herein, the rules and policies published by us, or the Dispute Policy established by ICANN and referenced above shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

28. Non-Waiver: Our failure to require performance by you of any provision contained in this Agreement shall not affect our right to require full performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be considered or held to be a waiver of the provision itself.

29. Notices: (a) Unless specified otherwise in this Agreement, any notice, direction, or other communication required or referenced under this Agreement shall be in writing, and shall effective upon delivery by one of the following means: transmission by email, or delivery regular mail.

(b) Notice by email to Acidprint must be sent to sales@Acidprint.com. Notice to you shall be sent to the email address provided by you in your Account Information as it may be updated.

(d) Notice by regular mail to you shall be sent to the mailing address provided in your Account Information (or any affiliate application provided by Acidprint) as it may be updated.

(e) Any email communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m., Miami, Florida (Eastern Time), and, otherwise, on the next business day. Any communication sent via regular mail shall be presumed to have been validly and effectively delivered 5 business days after the date of mailing.

30. Agents: (a) If an account is opened, or our services are utilized or purchased, on your behalf by an agent (e.g., an Internet Service Provider or your employee) you agree that you are bound as a principal to this agreement, by the actions of that agent, to all terms and conditions herein including the Dispute Policy.

(b) If you are acting as an agent, that is, opening an account or registering a domain name, on behalf of another person, You hereby represent and agree that you have provided notice equivalent to that set forth in paragraphs 10 through 15, above, to any third party individuals whose Registrant Information you have supplied to Acidprint; and that you have obtained consent equivalent to that referred to in paragraph 16, above, from any such third party. You agree that if we receive instructions regarding the domain name(s) from you principal, and that principal is properly identified as being the registrant of the domain name(s), you authorize us to comply with such instructions.

31. Entirety: You agree that this Agreement, the provisions incorporated herein, the rules and policies published by us, and the Dispute Policy established by ICANN and referenced above, constitute the complete and exclusive agreement between you and us regarding our services. This exclusive agreement supersedes any and all prior agreements and understandings, whether established by custom, practice, policy, or precedent.

32. Choice of Law and Venue: This agreement and all rights hereunder shall be governed by the laws of the State of Florida & Singapore. Any judicial action relating to this Agreement, or to the use of the Acidprint.com site, shall be brought exclusively in the state or federal courts of the State of Florida, in the United States or Singapore as determined by Acidprint. This provision is subject to any exceptions or contrary provisions set forth in Paragraph 8, above.

33. Infancy: You attest that you are of legal age in your domicile to enter into this Agreement. In the event that you are not of such age, then we are authorized, at our discretion to terminate this agreement and to cancel the registration of your domain names.

34. Acceptance: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING AS A CUSTOMER OF Acidprint AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Additional Restriction for .BIZ Domain Name

Registrations in the .BIZ TLD must be used or intended to be used primarily for bona fide business or commercial purposes; and

Registrations in the .BIZ TLD must comply with the Uniform Dispute Resolution Policy (“UDRP”), as adopted and as may be amended by the Internet Corporation of Assigned Names and Numbers. For proceedings initiated before the Commencement-of-Service Date, a modified version of the UDRP, known as the Start-Up Trademark Opposition Policy (“STOP”) will apply.

For purposes of the .BIZ Registration Restrictions (“Restrictions”), “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

1. To exchange goods, services, or property of any kind;2. In the ordinary course of trade or business; or3. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.

Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a “bona fide business or commercial use” of that domain name.

For illustration purposes, the following shall not constitute a “bona fide business or commercial use” of a domain name:

1. Using or intending to use the domain name exclusively for personal, noncommercial purposes; or

2. Using or intending to use the domain name exclusively for the expression of noncommercial ideas (i.e., registering abcsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose).

It will be a violation of the Restrictions for an Applicant to:

1. register or use a domain name contrary to the STOP;2. register and use a domain name contrary to the UDRP; or3. use the registered domain name in a manner inconsistent with the definition of “business or commercial use” contained herein.

Violations of the Restrictions may be grounds for cancellation of a registered .BIZ domain name, pursuant to the enforcement mechanism discussed below.

All domain name applicants in the .BIZ TLD (“Applicants”) must ensure that the data provided in the domain name registration application is true, correct, up to date and complete; and the registrant will keep the information provided above up to date.

As part of a domain name registration application, the Applicant must certify that to the best of its knowledge that the registered domain name will be used in a manner consistent with the Restrictions above and that the domain name registrant has the authority to enter into the registration agreement; and that the registered domain name is reasonably related to the registrant’s business or intended commercial purpose at the time of registration.

Failure to comply with the above will result in failure of the Registry Operator to process an Applicant’s domain name application.

Registry Operator reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors and employees. Registry Operator also reserves the right to freeze a domain name during resolution of a dispute.

Acceptance: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING AS A CUSTOMER OF Acidprint AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Additional Restrictions for China Domain Name

See http://www.cnnic.net.cn/doc/e-8.shtml or http://www.cnnic.net.cn for details.

Additional Restrictions for Singapore Domain Name

Per.Sg: SGNIC’s PER.SG Agreement Revision 03 (PDF file).

Other .SG domain name: see agreement.

If the links above are not working, do check out https://www.sgnic.sg/

ICANN Domain Names (eg. .com, .net, .info, .biz)

Customer will agree to all terms stated at http://www.icann.org. Some links as of 23 Feb 2016 are;-
– https://www.icann.org/policy#what_is_policy
– https://www.icann.org/resources/pages/registrant-rights-2013-09-16-en