Standard Service Agreement
This Service Agreement ("Agreement") is between Wynnsdale Consulting AS ("Wynnsdale Consulting"), a limited liability company incorporated in Oslo, Norway and you ("You"), the person or entity ordering services through Wynnsdale Consulting. This Agreement is effective as of January 31, 2020, and replaces all previous revisions of the Agreement. Wynnsdale Consulting reserves the right to make changes and revisions to the terms and conditions of this Agreement at any time, and you agree to be bound by such changes and revisions when they become effective. Any changes or revisions to this Agreement shall become binding and effective 30 (thirty) days after posting on our website (wynncon.com/standard-service-agreement).
This Agreement is divided into two parts:
General Terms and Conditions: general provisions for all clients of Wynnsdale Consulting
Terms and Conditions for Hosting Services: apply to email and web hotel services
You acknowledge that you have read, understood, and agree to be bound by all the terms and conditions in each of the three parts of the Agreement that applies to you. Submission of your domain name registration application, transfer application, and/or application for hosting services constitute acceptance of all the terms and conditions contained and referenced herein.
General Terms and Conditions
Fees and payment:
All services provided by Wynnsdale Consulting are invoiced according to the fees published on wynncon.com/hosting-prices at the time of purchase. Wynnsdale Consulting reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Unpaid invoices for delivered services shall attract a late payment fee and interest at a rate according to Norwegian law. Wynnsdale Consulting reserves the right to transfer payment claims to a third party. Except as provided herein, all fees are non-refundable, in whole or in part, even if your domain registration or service is suspended, cancelled or transferred prior to the end of your then-current term. In the event of a missing payment or charge-back to Wynnsdale Consulting by the credit card company for the credit card used for payment of the registration fee or transfer fee, you agree and acknowledge that the ownership of the domain in question may be transferred to Wynnsdale Consulting and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase.
Term of service, renewal and termination:
Unless otherwise specified, all services provided by Wynnsdale Consulting are for a one-year initial term, and are renewable thereafter for successive one-year terms. you acknowledge and agree that the renewal fee may be higher or lower than the price you paid for the then-current term of service. A renewal invoice is normally sent to the billing address 30-60 days prior to expiry of the current term, giving you ample time to cancel or make changes to current services. Transferring a domain name away from Wynnsdale Consulting to another registrar or service provider is regarded as a cancellation of services, unless you have informed Wynnsdale Consulting in advance that the services are to be continued. If you have not received a renewal invoice by the expiry date of the current term, it is your responsibility to contact Wynnsdale Consulting and request that the services be renewed and a renewal invoice issued.
Accuracy of information:
You agree to provide true, accurate, current, and complete information about you as required by the application process. you agree to respond within 5 (five) business days to any inquiries Wynnsdale Consulting may make to determine the validity of any information provided by you. you understand that Wynnsdale Consulting relies on the contact information you provide to send you important information and notices regarding your domains and services. Failure by you for any reason to provide Wynnsdale Consulting with accurate and reliable information at any time, or to timely respond to any inquiries to verify the information you provide, shall be considered a material breach of this Agreement.
Obligation to keep information up to date:
It is your responsibility to ensure that all contact and address information is current and valid for all your domain names and related services. Changes to contact and address information should be made via our support department available at firstname.lastname@example.org. If you do not keep the contact information updated, your domains and/or related services may, at the worst, be deactivated or deleted because there is no way to contact you.
Free customer support is available with all services provided by Wynnsdale Consulting. Support requests can be sent to email@example.com. All requests are normally answered within 1-2 working days, but there is no guarantee of this. Wynnsdale Consulting also provides limited telephone support on weekdays, but we encourage electronic requests, as this increases the number of requests we can answer per time unit.
Acceptable Use Policy (AUP):
Services provided by Wynnsdale Consulting must not be used for any purposes that Wynnsdale Consulting, at its sole discretion, may find unacceptable. Examples of unacceptable use include, but are not limited to: the transmission of unsolicited email (so-called "spam", "junk mail" or UCE) to private persons or organizations; port scanning, denial of service (DoS) attacks and attempts at gaining unauthorized access to Wynnsdale Consulting's servers or servers belonging to a third party; dissemination of computer viruses and trojans, whether on purpose or not; distribution or promotion of material that may be considered as racist, pornographic or defamatory, or material that expresses religious or political extremism; activities prohibited by Norwegian or international law; activities that promote unlawful behavior, such as hate crimes or terrorism; activities that are designed to or that effectively defame, slander, harass, embarrass, threaten, abuse, or harm third parties; activities that impersonate the identity of any third parties; activities that are harmful to minors in any way; activities that constitute fraud or that have a fraudulent purpose; activities that are designed to or that effectively infringe upon the copyright, trademark, trade secret, or other intellectual property rights of a third party; activities that constitute or promote obscenity, profanity, indecency, tortuous behavior, hatred, vulgarity, harassment, invasion of privacy or publicity rights of a third party, or physical harm of any kind against any group or individual; or any other unacceptable material or activity of any kind as Wynnsdale Consulting at its sole discretion may determine. Unacceptable use also covers activities where services provided by Wynnsdale Consulting are indirectly involved, for example if a domain registered through Wynnsdale Consulting points to an external server distributing or promoting illegal material, or if a domain name registered through Wynnsdale Consulting is promoted via unsolicited email sent from servers not belonging to Wynnsdale Consulting. you agree and accept that any use of your account with Wynnsdale Consulting, whether or not on your behalf and whether or not with your permission, that conflicts with our Acceptable Use Policy, shall constitute a material breach of this Agreement. In the event that Wynnsdale Consulting deletes, suspends, cancels, terminates, or otherwise interrupts any service to you or your customer account for violation of our Acceptable Use Policy, any and all fees paid to Wynnsdale Consulting shall be non-refundable and ineligible for account credit.
Confidentiality of account and login information:
All usernames and passwords for your accounts with Wynnsdale Consulting (e.g. for the control panel, FTP, email accounts, login shell, database etc.) are strictly confidential, and you agree that you are solely responsible for maintaining the confidentiality of your password and account information. It is your responsibility to share this information only with the people (e.g. webmasters) who need this information in their work with maintaining the domain and related services. You agree to immediately change the password if you suspect that its security has been compromised, or if a person who knows the password is no longer associated with the domain or related services. You also agree to periodically change your passwords as a security precaution. If a password has not been changed in a long time, Wynnsdale Consulting reserves the right to automatically generate a new password. We also reserve the right to change the password if we suspect that the account has been accessed by an unauthorized party. You agree to immediately notify Wynnsdale Consulting of any unauthorized use of your account, or any other breach of security. You also agree that you are solely responsible for any and all charges, liabilities, and/or activities that occur on your account, whether initiated by you, by others on your behalf, or unauthorized, or by any other means. You agree that in no event shall Wynnsdale Consulting be liable for any loss whatsoever that you may incur as a result of someone else using your password, account, and/or account information, either with or without your knowledge or consent. Your further agree that you could be held liable for any losses incurred by Wynnsdale Consulting or another party due to someone else using your password, account, or account information. Wynnsdale Consulting specifically disclaims any liability for any activity occurring on your account, whether authorized by you or not.
Term and termination of Agreement:
The term of this Agreement shall continue in full force and effect as long as you have any customer account with Wynnsdale Consulting. you agree that, should you cancel or terminate this Agreement with Wynnsdale Consulting, you will not receive any refund or credit of any fees you may have paid to Wynnsdale Consulting, except as otherwise expressly stated herein. Should you elect to cancel or terminate this Agreement with Wynnsdale Consulting, you agree to provide at least 30 (thirty) days written notice to Wynnsdale Consulting. you agree that Wynnsdale Consulting may terminate this Agreement or any part of its services at any time, and without notice to you, in the event of a breach of this Agreement or if termination is or becomes required by any policy of ICANN. You agree that your failure to completely comply with the provisions of this Agreement or any rule or policy of Wynnsdale Consulting may constitute a material breach of this Agreement. Should Wynnsdale Consulting cancel, discontinue, or terminate your account, this Agreement, or any services it provides to you as a result of any breach of this Agreement, no fees will be refunded or credited to you. Wynnsdale Consulting's failure to notify you or act upon any possible breach by you, shall not excuse you from the breach and shall not constitute a waiver of Wynnsdale Consulting's right to notify you or act upon such breach at a later time.
If you resell any domain name registered with Wynnsdale Consulting, you agree to inform any customer of yours of the fact that they are registering their domain name through Wynnsdale Consulting, an accredited registrar of ICANN and EURid. You further agree not to represent, whether orally, in writing, or by symbols, that you are an accredited registrar of ICANN or EURid or that you are an authorized reseller of Wynnsdale Consulting's services. You agree to obtain from any customer of yours acceptance of, and evidence of acceptance of, Wynnsdale Consulting's then-prevailing Service Agreement. Any agreement you enter with any customer of yours shall not conflict with Wynnsdale Consulting's Service Agreement or any policies of ICANN or EURid. You understand and agree that if you resell any service obtained through Wynnsdale Consulting and any customer of yours violates any provision of Wynnsdale Consulting's Service Agreement or any policy of ICANN or EURid, Wynnsdale Consulting reserves the right to cancel, terminate, or otherwise interrupt your customer account or any and all services. You understand and agree that if you resell any service obtained through Wynnsdale Consulting, you hereby assume full and complete responsibility for, and agree that Wynnsdale Consulting shall have no responsibility or liability for, any and all activities, complaints, or cancellations by the party to whom you resell Wynnsdale Consulting's services. you further agree to release, indemnify, defend, and hold harmless Wynnsdale Consulting against any claims, losses, and liabilities relating to or arising out of your resale of Wynnsdale Consulting's services.
Indemnification of Wynnsdale Consulting:
You agree to release, indemnify, defend and hold harmless Wynnsdale Consulting and its subsidiary and parent entities, predecessors, successors, contractors, agents, affiliates, and assigns, and any of their respective current and former employees, officers, directors, members, and shareholders from and against any and all losses, liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and costs and any other expenses arising out of or related to your domain registration, application, transaction request, resale, or use of services provided by Wynnsdale Consulting and any disputes regarding same. Should Wynnsdale Consulting be threatened with a lawsuit or receive notice of a filed or pending lawsuit by a third party, Wynnsdale Consulting may seek written assurances from you concerning your promise to indemnify Wynnsdale Consulting. Your failure to provide such written assurances may be considered a material breach of this Agreement. This indemnification obligation shall survive the termination or expiration of this Agreement.
Indemnification of ICANN and Registry Operators:
You agree to release, indemnify, defend, and hold harmless ICANN and all Registry Operators and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all losses, liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and costs and any other expenses arising out of or related to your domain registration, application, transaction request, resale, or use of services provided by Wynnsdale Consulting and any disputes regarding same. This indemnification obligation shall survive the termination or expiration of this Agreement.
Except for the representation that Wynnsdale Consulting is an ICANN-accredited domain name registrar, we make no representations or warranties of any kind whatsoever, express or implied, in connection with this Agreement or any of our services. Further, we expressly disclaim the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You agree that the use of our services is solely at your own risk. Our services are provided "as is" and we make no warranty that our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. We make no warranty regarding the results that may be obtained from the use of our services or as to the correctness, accuracy or reliability of any information obtained through the services we provide. We make no warranty regarding any goods, services, or products obtained through the use of our services or through any transaction entered through the use of our services. You understand and agree that any material or data downloaded, accessed, or obtained through the use of our services is done at your own risk and that you will be solely responsible for any damage or loss to your computer system or data that results from the download of any such material or data. You understand and agree that any information or advice you obtain from us or through the use of our services does not create any warranty and that you may not rely on such information and advice.
Limitation of liability:
Wynnsdale Consulting shall not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) resulting from, related to, or arising out of the use or inability to use any of Wynnsdale Consulting's services, even if Wynnsdale Consulting has been advised of the possibility of such damages. In no event shall Wynnsdale Consulting's maximum aggregate liability exceed the amount of the fees you paid to Wynnsdale Consulting for the particular service. You understand and agree that Wynnsdale Consulting disclaims any loss or liability resulting from: (1) access delays, denial of service (DoS) attacks or access interruptions to our web site or domain name registration system; (2) data non-delivery or data mis-delivery; (3) events beyond Wynnsdale Consulting's reasonable control; (4) the unauthorized use or misuse of your account or any of the services provided to you by Wynnsdale Consulting; (5) the inadvertent disclosure or theft of your personal information; (6) errors, omissions, or misstatements in any and all information by Wynnsdale Consulting; (7) the deletion of, failure to store, or failure to process or act upon email messages or other mail; (8) the development or interruption of your web site; (9) errors in connection with the processing of your application; (10) the processing of updated information to your account; (11) the application of Wynnsdale Consulting's or any Registry Operator's dispute resolution policy; (12) the loss of registration, processing of, or use of any domain name; (13) the failure to renew the right to use a domain name, for any reason; (14) the failure or processing of any transfer request, for any reason; (15) any corrective action Wynnsdale Consulting may take on your customer account or services provided by Wynnsdale Consulting to you as a result of your violation of any term of this Agreement; (16) any act or omission, whether authorized by you or not, that is caused by you or your agent; (17) any rejection, cancellation, suspension, interruption, or termination of services provided by Registry Operators or third party vendors for any reason whatsoever; or, (18) submission of proposed registration requests to Registry Operators, including without limitation, your ability or inability to obtain a particular domain name.
Neither party shall be deemed in default or shall hold the other party responsible for any failure or delay in the performance of its obligations under this Agreement in the event of an earthquake, flood, fire, storm, natural disaster, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section shall have given prompt written notice to the other party of such event within 5 (five) days within the occurrence of such event, and shall have taken all reasonably necessary steps to mitigate the effects of the event. Should the force majeure event persist for a period of more than 30 (thirty) days, Wynnsdale Consulting may at its option terminate this Agreement.
This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes any prior arrangements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter hereof.
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable in any jurisdiction, the remainder of the Agreement shall not be affected thereby, and to this end the provisions of this Agreement shall be severable.
This Agreement shall be governed by the laws and judicial decisions of the Kingdom of Norway (exception: terms and conditions for .eu domain name registration, see below). Any possible indifferences or disagreements related to this Agreement is to be solved according to Norwegian law, under the jurisdiction of the court of Oslo.
This Agreement is translated from English into several languages. In case of a disagreement between the translation and the original English version, the English version shall prevail
Terms and Conditions for Hosting Services
Web hotel service:
The web hotel service is a service where you rent disk space on one of Wynnsdale Consulting's web servers. You are assigned a username and a password, which gives you access to your own file directory for storage of files (web pages, documents, images, etc.). You must: (a) provide all equipment, including a computer, modem/router, and any other equipment necessary to establish a connection to the Internet; (b) provide for your own connection to the Internet and pay any telephone or Internet service fees associated with such connection; and (c) upload the files to the web server yourself via a file transfer program using FTP. You understand and agree that, if you transfer your domain name or web hosting service to a third party in conjunction with a live web site, or for any other reason, or allow your domain name registration to expire, you will no longer be able to use and/or access your web hotel with us. You may not exceed the storage limitations applicable to the particular web hotel package purchased by you as specified on our web site at the time of your purchase, or as subsequently modified pursuant to this Agreement. Changes to the web hotel size and ordering of additional services can be made via firstname.lastname@example.org. You agree to assume full and complete responsibility for, and agree that Wynnsdale Consulting shall have no responsibility or liability for providing, updating, uploading, controlling and/or maintaining your web site and its content, including but not limited to any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your web site, as well as any domain names registered in connection with the web hosting service. You further agree to assume full and complete responsibility for, and agree that Wynnsdale Consulting shall have no responsibility or liability for, your end users' content and all activities on your web site.
Restrictions on published material:
You agree and warrant not to use the web hotel to distribute or promote pornographic, racist or obscene material, material that expresses religious or political extremism, material that harass or threaten third parties, or material that violates or infringes the intellectual property rights of others. Wynnsdale Consulting reserves the right to, promptly and without prior notice, remove material that may fall under the above mentioned categories, or material that Wynnsdale Consulting considers to be objectionable, unethical or in violation of our Acceptable Use Policy (AUP). If in doubt whether the content is within the boundaries of what we allow, please contact us for a clarification prior to publishing.
All information published to the web hotel or sent by email is to be considered publicly available. This also includes the contents of scripts (CGI, PHP, etc.) that are normally executed by the web server without being shown in clear text, as well as files located in directories that are password protected through the web server. It is your responsibility to make sure that the file permissions of all your files are set as restrictive as necessary to limit the access of sensitive information (e.g. database username and password) from other users. You also agree that Wynnsdale Consulting's employees in their work may have access to all your files stored on our servers, including the contents of all emails sent to and from your email addresses with us.
Utilization of bandwidth and system resources:
All web hotels with Wynnsdale Consulting normally include unlimited traffic and free use of scripts (CGI, PHP, etc.) for accounts where this has been activated. Wynnsdale Consulting reserves the right to temporarily or permanently restrict the available bandwidth in cases where a web hotel is using bandwidth to an extent that is endangering the security and stability of Wynnsdale Consulting's systems. Wynnsdale Consulting also reserves the right to, promptly and without prior notice, disable or delete scripts that use system resources (CPU, memory, etc.) to an extent that is endangering the stability of Wynnsdale Consulting's servers, or if the scripts contain security holes enabling non-authorized users access to resources on Wynnsdale Consulting's network, read, understand and abide by the rules set forth in these terms and conditions.
Last updated March 16, 2020