This Web Hosting Services Agreement (the “Agreement”) is made and entered into by and between Instant Domains, Inc., a Canadian corporation, on the one hand (“we” “us” “our” or “Instant Domains”), and you, the person or entity utilizing the Web Hosting Services on the other hand (“you” “your” or “user”).
This Agreement is effective as of the date you click “Buy” “Subscribe” “Agree” “Accept” or “Use” our Web Hosting Services as part of your domain name registration with Instant Domains, as part of a transfer of a domain name into Instant Domains, or any time thereafter by adding Web Hosting Services to your domain(s) within your Instant Domains account (the “Effective Date”).
Web Hosting Services. Instant Domains offers the seamless option for users to host and manage their websites through Instant Domains. Websites are hosted on one or more of our secure servers, which are shared exclusively with other Instant Domain users, and each website receives its own unique domain name system (“DNS”) identifier.
Instant Domains Account. In order to use the Web Hosting Services, you must first have an Instant Domains Account. We will use the registration information from your Instant Domains Account, including the email address provided, to contact you. You are fully responsible for all use of your Instant Domains Account and for any actions that take place using your Instant Domains Account.
Fees and Pricing. Fees for use of the Web Hosting Services will be included in the fees paid to Instant Domains for registering your domain name, which pricing will be displayed on Instant Domains’s website at time of purchase. There are no additional fees owed from you to Instant Domains when you utilize the Web Hosting Services.
- Your Representations, Warranties, and Restrictions.
You represent and warrant that you are solely responsible for any content that is submitted, stored, distributed, or disseminated by you or your website’s end users (“Content”).
You represent and warrant that you will not use the Web Hosting Services in such a way, or allow for any Content, that:
violates or infringes upon any intellectual property right, or any other rights, of any third party;
violates any term of this Agreement (or any term of the other Instant Domains agreements and policies incorporated herein);
violates any applicable regulation, rule, or law; or
is likely to damage, disable, overload, or otherwise impair Instant Domains, our servers, or the Web Hosting Services.
You represent and warrant that Instant Domains has the right to immediately take corrective action, including removal of all or a portion of Content and/or suspension or termination of your Web Hosting Services, if Instant Domains reasonably believes that you have violated any term of this section.
- Agreement Term and Termination
Unless earlier terminated in accordance with this Agreement, this Agreement will remain in effect, and continue to renew, as long as you have a registered domain name that is utilizing the Web Hosting Services.
You may terminate this Agreement and your use of the Web Hosting Services at any time by canceling the Web Hosting Services through your Instant Domains Account. In order to have a smooth transition of your website and Content, prior to termination you should ensure your DNS is pointed away from our servers and to another provider; failure to do so will result in the deletion of your website and any Content thereon.
We may terminate this Agreement and your use of the Web Hosting Services at any time if we reasonably believe that you have breached any term of this Agreement (or any term of the other Instant Domains agreements and policies incorporated herein). We may also terminate this Agreement and your use of the Web Hosting Services without cause, upon a minimum of 30-days’ notice to you.
You represent and warrant that Instant Domains will have no liability to you or any of your website’s end users due to any corrective action taken by Instant Domains due to a reasonable belief of a violation of this Agreement.
Availability. Instant Domains will use commercially reasonable efforts to ensure the Web Hosting Services are accessible and available on a consistent basis, excluding any planned downtime (including for updates and maintenance), and excluding any interruptions caused by you, your website's end users, or any third-party beyond the control of Instant Domains.
Intellectual Property. Except for the rights expressly set forth in the Agreement, this Agreement does not grant either party any implied or other rights to the other’s intellectual property, including any Content.
Indemnification. You will defend, indemnify, and hold harmless Instant Domains, and their respective directors, officers, employees, agents, affiliates, and contractors, from all liabilities, claims and expenses, including attorney's fees, arising out of or relating to your registration and use of any domain name that utilizes the Web Hosting Services, including any alleged violation of any third party right, including intellectual property rights. This indemnification obligation will survive the termination or expiration of this Agreement.
- Governing Law for this Agreement.
THIS AGREEMENT SHALL BE GOVERNED BY, INTERPRETED, AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA APPLICABLE THERETO WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN BRITISH COLUMBIA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
- Warranties Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTANT DOMAINS DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE WEB HOSTING SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE WEB HOSTING SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.
- Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSTANT DOMAINS’ ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE WEB HOSTING SERVICES, INCLUDING ANY UNPLANNED DOWNTIME, OR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR THE WEB HOSTING SERVICES, IF ANY. INSTANT DOMAINS SHALL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
Modification. We reserve the right to amend the terms of this Agreement at any time by posting the amended Agreement in full on our website, instantdomains.com, without further notice to you, effective immediately upon such posting.
Notices and Support. All notices, requests, consents, and other communications (collectively, “Notices”) required or permitted under this Agreement shall be in writing and shall be sent by email and considered delivered and received on receipt. Notices to Instant Domains shall be sent to us via email. Notices to you shall be sent to the primary email address listed in your Instant Domains Account.
Severability. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable terms severed from the remainder of this Agreement.
No Transfers. You will not transfer any of your rights or obligations hereunder to anyone else without our prior written consent.
No Beneficiary Rights. Except as specifically stated herein, this Agreement does not give any third-party beneficiary rights.
Non-Waiver. The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
Date of Last Revision: February 2022