Service Agreement – Domain Registration

Service Agreement – Domain Registration

Table of Content:

Date Updated

2022-05-11

(Domain Registration) Terms of Service

We (the team at Green Cha Studios) offer Domain Registration solutions for clients.

The following terms and conditions (“Terms”) govern your use of our Domain Registration services (“Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Green Cha Studios policies, Site Guidelines, & Service Level Agreement) and procedures that may be published from time to time by Green Cha Studios (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services.

Financial Agreements

  • Our Services are offered for a fee. Depending on the Service, it may be a one-time fee (for example, for migration services) or a recurring fee (for example, for a Plan). By using our Services, you agree to pay the associated fees, which we’ll bill or charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time by following these instructions.
  • To ensure uninterrupted service, recurring Services are automatically renewed for the same interval of time you initially selected. This means that unless you cancel a Service before the end of the applicable period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable fees (as well as any taxes). Recurring Services are renewed for the same interval of time you initially selected. For example, if you chose to be charged yearly at sign up, you will be charged each year.
  • We may change the Plans we offer or adjust pricing for Services at any time. When applicable, we may give you advanced notice of the fee changes. If you do not agree with the fee changes, you can cancel the Service.
  • If your fees are not paid for on time or if charges are disputed or reversed for any reason (for example, due to fraud or your initiating a chargeback), we may immediately cancel and/or revoke your access to the Services.
  • To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes. While you may cancel a Plan at any time, refunds are issued at our sole discretion.

Material Products

  • You will provide us with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on our part. We shall make no effort to validate this information for content, correctness, or usability.
  • Use of our Service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of your Webspace.
  • The following examples are offered:
  • Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, graphics, text, sound, image mapping, etc.
  • We will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms.
  • We reserve the right to police our network to verify compliance with all agreed upon Terms.
  • You agree to cooperate in any reasonable investigations into your adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/Services.
  • We reserve the right to disconnect any website or server deemed to present a security threat to our customers, servers, or network.
  • The opening of multiple accounts or Plans in order to bypass any restrictions or overage charges we set forth is grounds for termination of all Services.
  • We make no warranties or representations of any kind, whether expressed or implied for the Services we provide. We also disclaim any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by you, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or your omissions. Use of any information obtained by way of Green Cha Studios Hosting is at your own risk, and we specifically deny any responsibility for the accuracy or quality of information obtained through our Services. Connection speed represents the speed of a connection and do not represent guarantees of available end to end bandwidth. We expressly limit our damages to you for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
  • We specifically deny any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, we may, at our option and at any time, reject this material, including but not limited to after it has been put on Green Cha Studios Hosting’s Servers. We agree to notify you immediately of our refusal of the material and afford you the opportunity to amend or modify the material to satisfy our needs and/or requirements. If you fail to modify the material, as directed by us, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
  • All domain names registered through Green Cha Studios, that are ‘parked’ or are otherwise not immediately associated with a Green Cha Studios Hosting Plan will be pointed to a “Green Cha Studios” web page. We may modify this web page at any time without prior notice to you and may include such things as, without limitation, links to additional products and Services offered by Green Cha Studios.

 

Trademarks & Copyrights

  • You warrant that you have the right to use the trademarks and copyrights applicable to all content and/or products being made available through your account.
  • Hardware, Equipment & Software
  • You are responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Green Cha Studios Hosting.
  • We make no representations, warranties, or assurances that your equipment will be compatible with our Services.

Termination

  • This Agreement may be terminated by either party, without cause, by giving the other party 14 days written notice. We will accept termination by electronic mail. Notwithstanding the above, we may terminate Services at any time, without penalty, if you fail to comply with these Terms, including non-payment. We reserve the right to charge a reinstatement fee.
  • Limited Liability
  • You expressly agree that use of Green Cha Studios Hosting Services is at your sole risk. Neither Green Cha Studios, its employees, affiliates, agents, third party information providers, merchants licensers, or the like, warrant that Green Cha Studios Hosting Services 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 Services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through Green Cha Studios Hosting, unless otherwise expressly stated in this Agreement.
  • Under no circumstances, including negligence, shall Green Cha Studios, its offices, agents or any one else involved in creating, producing or distributing Green Cha Studios Hosting’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 Green Cha Studios Hosting Services; or that results from mistakes, omissions, interruptions, deletion 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 Green Cha Studios Hosting’s records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content on Green Cha Studios Hosting Services.
  • Notwithstanding the above, your exclusive remedies for all damages, losses, and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which you paid during the term of this Agreement and any reasonable legal fee and court costs.

Indemnification

  • You agree that you shall defend, indemnify, save, and hold Green Cha Studios harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Green Cha Studios, 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 you, your agents, employees or assigns. You agree to defend, indemnify and hold harmless Green Cha Studios against Liabilities arising out of:
  • any injury to person or property caused by any products sold or otherwise distributed in connection with Green Cha Studios Hosting’s Server by you;
  • any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
  • copyright or trademark infringement by you;
  • any defective product which you sold.

Revisions

Revisions to this Agreement will be considered agreed to by you on renewal of Service as specified in Section – Financial Arrangements.

Transfer

You may not transfer this Agreement without our written consent.

Agreement

These Terms constitute the entire Agreement and understanding of the parties. Any changes or modifications to these Terms thereto are agreed to by the both parties upon renewal of Services.

(Hosting) Service Level Agreement

Service Level Agreement

The Green Cha Studios Hosting Service Level Agreement is an agreement between our Green Cha Studios Hosting customers and Green Cha Studios. The Green Cha Studios Hosting SLA covers the availability of your web site:

Network, Infrastructure, Hardware

Green Cha Studios does not own or operate any: network, infrastructure, or hardware related to hosting or servers. Green Cha Studios uses third-party services to offer 

Availability

We guarantee that the servers we use will be available 99% of the time in a given month, excluding scheduled maintenance. The data center network means the portion of the Green Cha Studios Hosting network extending from the outbound port on our edge device to the outbound port of the data center border router and includes managed switches, routers, cabling.

Downtime & Credit Requests

If we identify an issue with one of our servers or our network infrastructure, Green Cha Studios will credit your account 5% of the monthly fee per additional hour of downtime. To receive an SLA credit, Green Cha Studios Hosting customers must contact hello@greenchastudios.com.

Limitations

Green Cha Studios provides this Service Level Agreement to customers on qualifying plans and contracts.

You are not entitled to a credit if you are in breach of your services agreement with Green Cha Studios (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of your agreement with Green Cha Studios or your misuse of Green Cha Studios Hosting system.

You are not entitled to a credit if the downtime occurred outside of our servers and/or network infrastructure.

To receive a credit, you must contact hello@greenchastudios.com within thirty (30) days following the end of the downtime. You must show that your use of the Green Cha Studios Hosting was adversely affected in some way as a result of the downtime to be eligible for the credit.

This Service Level Guarantee is your sole and exclusive remedy for Green Cha Studios Hosting unavailability.

Notwithstanding anything in this Service Level Guarantee to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your fee for that billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.

This Service Level Guarantee is part of your Agreement with Green Cha Studios Hosting, along with Green Cha Studios Hosting Terms of Service and the Site Guidelines, and is subject to the terms and conditions stated in those documents.

(Hosting) Site Guidelines

Your Green Cha Studios Hosting website must not violate our Terms of Service or sell any items that are prohibited, fraudulent, abusive, hazardous, or illegal. For example, you may not use your Green Cha Studios Hosting website to distribute any of the following items in any way:

  • Firearms or other weaponry, including parts, accessories, and ammunition
  • Fireworks
  • Pornography
  • Adult services
  • Controlled substances (including marijuana, cannabidiol or CBD (regardless of its source), or any other cannabis-derived products)
  • Personal information
  • Content that infringes on anyone’s intellectual property rights

In addition, the following types of material are not allowed on your Green Cha Studios Hosting website:

  • Gambling
  • Technologically harmful content
  • Impersonation
  • Calls to violence
  • Posting of private information
  • Spam or machine generated content
  • Content that infringes on anyone’s intellectual property rights

Bear in mind that these are just guidelines — interpretations are solely up to us. These guidelines are not exhaustive and are subject to change.

If you believe a website has violated our Terms of Service or these guidelines, please report the site. We aim to promptly review and investigate all complaints that we receive, but if and how we respond will depend on a variety of factors, such as the information available to us and the type of violation. We may also contact the site owner to inform them of the complaint.

(Hosting) No Email Hosting Services

Green Cha Studios does not provide email services with hosting plans. Green Cha Studios servers do not support email hosting. Green Cha Studios recommends using third-party email services such as Google Workspace.

(Hosting) Fees, Cancellations, Refunds, Upgrade/Downgrade

Fees

  • There may be a one-time or hourly fee incurred for migration Services performed by Green Cha Studios staff, from any existing hosting provider. These fees are non-refundable.

How to cancel

  • You can cancel any of your services by contacting Green Cha Studios at hello@greenchastudios.com. 

Upon Cancellation:

  • The Hosting Server will be deleted. Any websites or content on the server will be deleted.

Refunds

  • All customers are eligible at any time to cancel their plan and receive a prorated refund.
  • The prorated amount will be based on the non-discounted monthly rate regardless of monthly or annual customer.

Upgrades / Downgrades

  • All customers are eligible at any time to upgrade or downgrade their plan at a prorated amount.
  • The prorated amount will be based on the non-discounted monthly rate regardless of monthly or annual customer.
  • Technical limitations may prevent upgrades or downgrades. (Example: a downgrade is desired but the current storage used is larger than the capacity of the desired hosting plan, a downgrade will not be possible).