This Domain Registration Agreement is entered into by and between WebHostingPad.com and you, and is made effective as of the date of electronic acceptance. This agreement sets forth the terms and conditions of your use of the WebHostingPad.com Domain Name Registration services.
Payments & Fees
The customer agrees to pay any and all fees associated with domain name registration. All domain registrations and renewals are final and any and all registration fees are non-refundable. Under no circumstance will WebHostingPad.com refund a domain name for any reason including, but not limited to, mis-spelling of a domain name, account suspension, account cancellation, or transfer prior to the end of the service term.
Due to the way certain premium domain names are shown as available even though they are registered, we cannot guarantee the availability of certain domain names that show as being available in our order form. In the event that you attempt to register a domain name that is already registered we will refund the amount paid for that registration.If you'd like to inqiure about the availability of a domain name prior to placing a registration order please contact our sales team at Sales@WebHostingPad.com.
By default, in order to avoid interruption of service or loss of domain, all domain name registrations are set to automatically renew for the same term length as the initial purchase. Any and all renewal fees are the sole responsibility of the customer. WebHostingPad is in no way liable for expired or lost domain names. Renewal notices are sent as a courtesy to all customers, it is the sole responsibility of the customer to ensure the domain name is renewed successfully.
In the event that a domain name is not renewed the domain name may go into redemption. This redemption period is based on the policies and procedures of our registrar, Enom, Inc. Enom will charge up to a $150 redemption fee to recover the domain name. In the event that a customer wishes to recover a domain name from redemption it is his/her responsibility to cover any fees associated with the domain recovery. WebHostingPad will be in no way responsible for any fees associated with domain redemption.
Domain Name Transfers
When transferring a domain name, ICANN requires the domain name registration be extended for an additional year. You are responsible for any and all fees associated with extending domain name registration. Upon successful transfer to WebHostingpad.com, you remain the registrant of the domain name and will be able to manage your domain name through your WebHostingPad.com account manager.
Domain names may fail to transfer to WebHostingPad. WebHostingPad is in no way liable for interruption of service due to a domain name failing to transfer. This includes a domain name's failure to renew. Reasons why a domain name may fail to transfer incldue, but are not limited to:
- The current registrar rejected the transfer
- The original registration happened less than sixty (60) days prior to the transfer request
- The domain name is in a locked status
- The domain name is expired
- The WhoIs Administrative Contact did not reply to the transfer verification email
In the event that you want to transfer a domain name from WebHostingPad to another registrar you must contact the gaining registrar for the exact steps on how to transfer to them. Every domain registrar has specific rules that must be followed in order to have a doamin name transferred. WebHostingPad.com is in no way liable for a domain name's failure to transfer to another registrar. It is solely the customer's responsibility to ensure all steps are followed completely in order to transfer a domain name.
Our DNS department is only open Monday through Friday, during normal business hours (Central Standard Time.) WebHostingPad is not responsible for manually providing EPP codes outside of normal business hours. Should you require your EPP code to transfer your domain name to another registrar, it can be located by logging into your client area. Domains > My Domains. Click the wrench next to the domain you want the EPP code for, and click "Get EPP Code" on the sidebar on the left, under Manage.
WebHostingPad can not release a domain name if any of the following conditions is met:
- The domain name was registered less than 60 days ago
- The domain name was renewed less than 60 days ago
- The domain name is within 7 days of expiration
- The domain name is expired
By submitting a domain name transfer request, you agree to the following terms:
Due to a recent change in ICANN's policies, you are responsible for removing domain privacy and/or updating your domain's registrar 60 days prior to the expiration of the domain.
As per ICANN's policy, any change to the registrant email account on file, including necessary email changes to regain access, will lock the domain name for 60 days, during which time you will not be able to transfer the domain.
After a period of 60 days has passed since the change in email address, ICANN will unlock the domain and WebHostingPad can release the authorization (EPP) code to complete the transfer.
Free Domain Offer
WebHostingPad offers one (1) free domain name registration to customers who order a new web hosting account. The free domain name offer is good for 1 year of domain registration. The "freedomain" coupon must be used at the time of signup for a new domain registration attached to a hosting account in order for the offer to be honored. The "freedomain" coupon has a maximum value of $14.95. Any domain registration that exceeds this amount will not be free and the customer will be liable for any cost above and beyond the $14.95. Domain transfers or additional domain registrations are eligible for the free domain offer if requested within the first 30 days of signup, and if the "freedomain" coupon was not already used on the account. After the first year, domains will be the priced and renewed at the regular yearly domain registration rate. The free domain offer cannot be used in conjunction with any other Webhostingpad offers, specials, coupons, or discounts. If a customer previously took advantage of a free domain for life offer and upgrades to a new pricing package, that domain is no longer free for life.
WebHostingPad customers agree to protect, defend, hold harmless, and indemnify WebHostingPad, any third party entity related to WebHostingPad (including, without limitation, third party vendors), and WebHostingPad executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of WebHostingPad services.
The WebHostingPad service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. WebHostingPad expressly disclaims any representation or warranty that the WebHostingPad service will be error-free, secure or uninterrupted. No oral advice or written information given by WebHostingPad, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. WebHostingPad and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL WEBHOSTINGPAD (INCLUDING, WITHOUT LIMITATION, WEBHOSTINGPAD'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING WEBHOSTINGPAD'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR WEBHOSTINGPAD SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY WEBHOSTINGPAD SERVICES EVEN IF WEBHOSTINGPAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEBHOSTINGPAD'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR WEBHOSTINGPAD'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY WEBHOSTINGPAD OR WEBHOSTINGPAD'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
WebHostingPad may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with WebHostingPad services. Certain changes to WebHostingPad services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and WebHostingPad is not liable, for any and all such personalized applications and content, except as expressly agreed to by WebHostingPad.
Governing Law and Severability
The TOU, and any other agreement for WebHostingPad services, will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and WebHostingPad will take place in Illinois, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other WebHostingPad agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between WebHostingPad and its customers. Each of WebHostingPad and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for WebHostingPad services, constitutes the complete understanding and agreement between WebHostingPad and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of WebHostingPad, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for WebHostingPad services is between WebHostingPad and its customers only and will not confer any rights in any third party except as otherwise expressly provided by WebHostingPad.
These Terms may Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.We encourage you to check these terms of service regularly for any changes.
Any revisions to the terms of service will be come effective when posted on this page unless otherwise noted. In the event you do not agree to the modifications in the terms of service please contact us immediately to cancel your account.