AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
DISCONTINUED SERVICES; END OF LIFE POLICY
CreativeNote reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although CreativeNote makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by CreativeNote, in any way, effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, CreativeNote will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by CreativeNote in its sole and absolute discretion. CreativeNote may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. CreativeNote will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
ADDITIONAL RESERVATION OF RIGHTS
CreativeNote expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by CreativeNote in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by CreativeNote in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of CreativeNote, its officers, directors, employees and agents, as well as CreativeNote's affiliates, including, but not limited to, instances where you have sued or threatened to sue CreativeNote, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website.
CreativeNote expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
CreativeNote expressly reserves the right to terminate, without notice to you, any and all Services where, in CreativeNote's sole discretion, you are harassing or threatening CreativeNote and/or any of CreativeNote's employees.
DESCRIPTION OF HOSTING SERVICES
We offer Hosting Services through third party hosting companies.
Web Hosting. If you purchase Web Hosting, your site is placed within one or more servers and resources are shared between many customers on the same servers; however, your site is given a unique address (DNS).
Hosting Migrations. If you have your domain name registered with us and the web hosting associated with the domain is provided by a third-party, we may, at your request and in our sole discretion, attempt to assist you to move the web hosting for the domain name to us (“Hosting Migration”). Hosting Migrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make us unable to assist you in the transfer of data from a third-party host. Our hosting migration fees will be applicable.
You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the website in its new location. We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost. You agree not to make any changes or revisions to your website during the migration process.
You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration. Hosting Migrations are not available for websites with over 2GB of data or more than 1,000 files.
Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.
SERVICE UPTIME GUARANTEE
Our third-party hosting companies offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
Policies Regarding E-mail
CreativeNote will create e-mail addresses for clients that have their domain name registered through CreativeNote's third-party hosting companies. Client must explicitly request the creation of e-mail addresses and specify the exact email addresses they want in writing. All emails will be owed by the client regardless of any circumstances and the client is solely responsible for keeping and storing their e-mail data on their own local e-mail software installed on their local devices such as Outlook or any other e-mail software. ALl e-mails created will either be POP or IMAP. This means that the e-mails created by CreativeNote through third-party providers will be just a relay accounts and the client is solely responsible for up-keeping through their local email software. Should there be any issues such as e-mails not working, CreativeNote will investigate and trouble shoot. CLient is solely repsonsible fo rtheir passwords. ONce the e-mail address is created, CreatiiveNote will issue an initial password to the client at which point the client can login to their e-mail accounts and change the password to their own desired password at anytime.
CreativeNote's third-party companies will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. CreativeNote's third-party e-mail servers do not retain deleted or sent e-mail.
CreativeNote reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the e-mail address created by CreativeNote is related to the pending litigation and the underlying subpoena.
Terms Specific to Civil Subpoenas:
Notice to Customer and Response Time
Upon the receipt of a valid civil subpoena, CreativeNote will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, CreativeNote will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. CreativeNote reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with CreativeNote.
Fees for Subpoena Compliance
CreativeNote will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the CreativeNote invoice. Checks should be made out to CreativeNote.com, LLC.
It is necessary to name CreativeNote in a legal dispute regarding a domain name registered or hosted by CreativeNote or an email address created by CreativeNote. CreativeNote will comply with any Order issued by a court of competent jurisdiction regarding the final disposition of the domain name or website or emails at issue.
Litigation or legal dispute court documents can be sent to info@CreativeNote.com. Electronic copies via email are preferred and do not need to be followed up with hard copies.
What should be included in court orders sent to CreativeNote?
Court orders should be as specific as possible, but at a minimum, must include:
• The affected domain name(s) and, for content we are hosting, the specific URLs where the hosted content is located. (Please only provide us with orders for content we host.)
• The specific action that CreativeNote is being requested to take regarding the domain name and/or associated website.
• If plaintiff is seeking control of a customer's CreativeNote account, the court order must mention CreativeNote within the legal documents.
Are there additional requirements for Settlement Agreements?
Yes. In order for CreativeNote to implement terms associated with a settlement agreement, the settlement agreement must:
• Involve litigation;
• Have notarized signatures from both parties;
• Specify the affected domain name(s); and
• Include a statement that the litigation will be dismissed with prejudice.
Are there additional requirements for Receiverships?
Yes. All receivership orders must:
• Explicitly list the domain name(s) that are to be moved separately from other assets, and
• State that the Receiver is to manage and/or sell the domain name(s).