Terms of Service
Universal Terms of Service
This Terms of Service Agreement (this “Agreement”) is entered into by and between NetSectors.com and you.Electronic Acceptance Information
Hosting & Servers' Policies
This Service Agreement ("Agreement") sets forth the terms and conditions governing customer use of services.Cloud Servers' Agreement
This section describes how we collect and use the personally identifiable information you provide on our Sites.At HostSectors.com We Respect Your Privacy!
Our Cookies Statement
This Agreement sets forth conditions of your use of the Site and the products and services accessed through this Site.Electronic Acceptance Information
Digital Service Renewals
HostSectors.com expressly reserves the right to change or modify its prices and fees at any time.Renewals, Cancellations and Refunds.
Standard Refund Policy
Products purchased from NetSectors.com may be refunded only if canceled within the following time-frame.Type of Products & Service Refund Procedures
Universal Terms of Service Agreement [v2 08/2022]
 Electronic Acceptance Information
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between NetSectors.com, an individual (“HostSectors.com”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to HostSectors.com. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
HostSectors.com may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, HostSectors.com may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. HostSectors.com assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, HostSectors.com may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You.
2. ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, HostSectors.com finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. HostSectors.com shall not be liable for any loss or damage resulting from HostSectors.com’s reliance on any instruction, notice, document or communication reasonably believed by HostSectors.com to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, HostSectors.com reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
3. ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to HostSectors.com that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If HostSectors.com has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, HostSectors.com reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, HostSectors.com recommends that you change your password and shopper PIN at least once every six (6) months for each Account . You must notify HostSectors.com immediately of any breach of security or unauthorized use of your Account. HostSectors.com will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss HostSectors.com or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
4. 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.
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not use this Site or the Services in a manner (as determined by HostSectors.com in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Violates HostSectors.com’s Cloud Storage and Content Distribution Guidelines. (Uploading bulk images or bulk content in automated/not-monitored fashion, duplicate and/or in “Non-Web. Compliant Formats”).
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding HostSectors.com or HostSectors.com’s Services.
- You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by HostSectors.com.
- You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
- You will not access HostSectors.com Content (as defined below) or User Content through any technology or means other than through this Site itself, or as HostSectors.com may designate.
- You agree to back-up all of your User Content so that you can access and use it when needed. HostSectors.com does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
- You will not re-sell or provide the Services for a commercial purpose, including any of HostSectors.com’s related technologies, without HostSectors.com’s express prior written consent.
- You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
- You are aware that HostSectors.com may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow HostSectors.com, in its sole discretion, to record the entirety of such calls regardless of whether HostSectors.com asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which HostSectors.com is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of HostSectors.com that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from HostSectors.com. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of HostSectors.com that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from HostSectors.com. Message and data rates may apply.
6. YOUR USE OF HostSectors.com CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of HostSectors.com Content and User Content posted to HostSectors.com’s corporate websites (i.e., those sites which HostSectors.com directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
HostSectors.com Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“HostSectors.com Content”), are owned by or licensed to HostSectors.com in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. HostSectors.com Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of HostSectors.com. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. HostSectors.com reserves all rights not expressly granted in and to the HostSectors.com Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Submissions include, but are not limited to, forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity. User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to HostSectors.com that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any HostSectors.com Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the HostSectors.com Content or the User Content therein.
7. HostSectors.com’S USE OF USER CONTENT
The provisions in this Section apply specifically to HostSectors.com’s use of User Content posted to HostSectors.com’s corporate websites (i.e., those sites which HostSectors.com directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
- Your User Submissions are entirely voluntary.
- Your User Submissions do not establish a confidential relationship or obligate HostSectors.com to treat your User Submissions as confidential or secret.
- HostSectors.com has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
- HostSectors.com may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
HostSectors.com shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content (Other Than User Submissions).
If you have a website or other content hosted by HostSectors.com, you shall retain all of your ownership or licensed rights in User Content.
By posting or publishing User Content to this Site or through the Services, you authorize HostSectors.com to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant HostSectors.com a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and HostSectors.com’s (and HostSectors.com’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that HostSectors.com may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, HostSectors.com shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or HostSectors.com’s (or HostSectors.com’s affiliates’) business(es).
8. PRODUCT CREDITS
In the event you are provided with a product credit (“Credit”), whether for redemption of the purchase of a specific product or for free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid for one (1) year and is only available with a valid purchase and may be terminated in the event the product purchased is deleted, cancelled, transferred or not renewed.The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account or by contacting customer service. In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on HostSectors.com’s website and is not subject to any promotion, discount, or other reduction in price. For Credits issues for free with another Purchased Product, you acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion.
9. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
HostSectors.com generally does not pre-screen User Content (whether posted to a website hosted by HostSectors.com or posted to this Site). However, HostSectors.com reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. HostSectors.com may remove any item of User Content (whether posted to a website hosted by HostSectors.com or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by HostSectors.com in its sole and absolute discretion), at any time and without prior notice. HostSectors.com may also terminate a User’s access to this Site or the Services found at this Site if HostSectors.com has reason to believe the User is a repeat offender. If HostSectors.com terminates your access to this Site or the Services found at this Site, HostSectors.com may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
10. ADDITIONAL RESERVATION OF RIGHTS
HostSectors.com 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 HostSectors.com in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by HostSectors.com 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, (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 HostSectors.com, its officers, directors, employees and agents, as well as HostSectors.com’s affiliates, including, but not limited to, instances where you have sued or threatened to sue HostSectors.com, 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.
HostSectors.com 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.
HostSectors.com expressly reserves the right to terminate, without notice to you, any and all Services where, in HostSectors.com’s sole discretion, you are harassing or threatening HostSectors.com and/or any of HostSectors.com’s employees.
11. NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
i. Email Messages
ii. Newsgroup postings
iii. Windows system messages
iv. Pop-up messages (aka “adware” or “spyware” messages)
v. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
vi. Online chat room advertisements
vii. Guestbook or Website Forum postings
viii. Facsimile Solicitations
ix. Text/SMS Messages
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web.
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
12. TRADEMARK AND/OR COPYRIGHT CLAIMS
HostSectors.com supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to HostSectors.com’s Trademark and/or Copyright Infringement Policy.
13. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by HostSectors.com. HostSectors.com assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, HostSectors.com does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release HostSectors.com from any and all liability arising from your use of any third-party website. Accordingly, HostSectors.com encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
14. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. HostSectors.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HostSectors.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND HostSectors.com ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HostSectors.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL HostSectors.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT HostSectors.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL HostSectors.com’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless HostSectors.com and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by HostSectors.com directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
17. DISCONTINUED SERVICES; END OF LIFE POLICY
HostSectors.com 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 HostSectors.com 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 HostSectors.com, 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, HostSectors.com 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 HostSectors.com in its sole and absolute discretion. HostSectors.com 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. HostSectors.com 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.
18. FEES AND PAYMENTS
 At HostSectors.com We Respect Your Privacy!
Other than as described in this Policy, we will not give any information about you to others without your express permission.
Information Collection and Use
A). Contact Forms
Our Site and mobile applications use forms to collect contact information (including your name, address, telephone number, and email address) so you can place orders, request information and support, and make product suggestions. For certain services, we may also request a credit card number, government identification number, or other financial information. We will then create an account number for you.
We receive and store any information you enter on our Site or mobile applications, or give us in any other way, including through email, telephone, or other communications with our customer service department. If you contact us for support, we will keep an internal record of what support was given.
We use your information to contact you regarding functionality changes to our products, our Site and mobile applications, new HostSectors.com services, and special offers we think you’ll find valuable. If you would rather not receive this information, please see the “Updating Your Information” section below on how to change your preferences.
If we collect information from you in connection with a co-branded offer (or joint promotion), it will be clear at the point of collection who is collecting the information and whose privacy statement applies. In addition, it will also describe any choice options the individual has in regards to the use and/or sharing of PII between us and the co-branded partner, as well as how to exercise those options.
Certain services offered may allow you to import contacts by uploading a file or copying and pasting from a spreadsheet to add to your account (e.g., using Mad Mimi to send emails on your behalf). We will only use this information for your legitimate business purpose of importing the contacts as directed by you. When you provide us with personal information about your contacts we will only use this information for the specific reason for which it is provided. If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please contact us at [email protected].
B. Cookies and Other Similar Technologies
Within our Site and mobile applications we and our partners, affiliates, and/or analytics or service providers use technologies such as cookies and similar tehnologies to analyze trends, administer the Site and mobile applications, track users’ movements around the Site and mobile applications, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual or aggregated basis.
C. Protocol Data
As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and/or clickstream data. We use this information gathered about you from our Site or mobile application to help personalize search results, diagnose problems with our server, and to administer our Site and mobile applications. We also gather broad demographic information from this data to help us improve our Site and mobile applications and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system.
We also use tracking technologies such as: CI codes (click tracking), ISC (source tracking), and ITC (item tracking codes, attached to purchases at an item level, used to determine where within the application a product was added). Our mobile applications automatically collect the device’s operating system, phone model, app version, and device ID, and customer number. We report this data back to our HostSectors.com web services. These results are not shared with any third parties and are used solely for deciding when to retire SDKs/OS versions and to identify characteristics of major users so that we may optimize our applications and services for those user types.
E. Geographic Data
With your express consent, we may access and track location data from your device in order to personalize results such as user favorite domain name selections. We do not tie any personally identifiable information about you to any of the location tracking technologies that we use, and we do not track location data when our mobile applications are not in use. You may withdraw your consent for us to use location data at any time by turning off the location services setting on your device. To manage Flash cookies, please click here.
F. Mobile Applications
We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile applications.
This Site and our mobile applications contain links to third party websites. Unfortunately, HostSectors.com is not responsible for the privacy practices or the content of such sites. We encourage you to carefully read the privacy statement of any website you visit.
G. Whois Data
For domain name registrations, please review the privacy portion (where available) of the Registry Policies for the top-level domain in which you wish to or have registered a domain name to better understand how your WHOIS data is utilized by the individual registry.
We use security measures to protect against the loss, misuse or alteration of the information under our control. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted standards to protect the personal information transferred to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about the security of your personal information, you can contact us at [email protected]. We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.
From time to time, HostSectors.com or someone acting on behalf of HostSectors.com may contact you, to confirm your orders, to send information to you, and to provide you with offers for services. The contacts may occur by e-mail, telephone, or text message. In accordance with applicable law, and where you have provided valid consent, you may receive marketing telephone calls from or on behalf of HostSectors.com, which may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. By providing your mobile number, you consent to receive marketing text messages from or on behalf of HostSectors.com that may be sent by an automatic telephone dialing system. Message and data rates may apply. You understand that providing consent is not a condition of purchasing any good or service from HostSectors.com.
Any information you send to us may be stored and used to improve this Site, our mobile application, and our products, or it may be reviewed and discarded.
Third Party Service Providers
We may at times provide information about you to third parties to provide various services on our behalf, such as processing credit card payments, serving advertisements, conducting contests or surveys, performing analyses of our products or customer demographics, shipping of goods or services, and customer relationship management. We will only share information about you that is necessary for the third party to provide the requested service. These companies are prohibited from retaining, sharing, storing or using your personally identifiable information for any secondary purposes.
We use a tool called “Google Analytics” to collect information about use of this Site, such as how often users visit the Site, what pages they visit when they do so, and what other sites they used prior to coming to this Site. Google Analytics collects only the IP address assigned to you on the date you visit this Site, rather than your name or other identifying information.
Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Site. This cookie cannot be used by anyone but Google, Inc. The information generated by the cookie will be transmitted to and stored by Google on servers in the United States.
We use the information received from Google Analytics only to improve services on this Site. We do not combine the information collected through the use of Google Analytics with personally identifiable information.
For Website Builder Users Only
Supplementation of Information
We may receive information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you. This helps us to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
Examples of the types of personal information that may be obtained from public sources or purchased from third parties and combined with information we already have about you, may include information from our strategic partners, service providers, or the United States Postal Service. We do this to enhance our ability to serve you, to tailor our products and services to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you.
From time-to-time, we may provide you with the opportunity to participate in contests or surveys. If you choose to participate, we may request certain personally identifiable information from you. Participation in these contests or surveys is completely voluntary and you therefore have a choice whether or not to disclose the requested information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code). We use this information to notify contest winners and award prizes, to monitor site traffic, and to personalize our Site.
We may use a third party service provider to conduct these surveys or contests. When we do, that company will be prohibited from using our users’ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
“Do Not Track” Signals
Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit (www.allaboutdnt.com).
If a user elects to use our referral service to inform a friend about our Site or mobile application, we ask the user for the friend’s name and email address. HostSectors.com will automatically send the friend a one-time email inviting them to visit our Site. HostSectors.com stores this information for the sole purpose of sending this one-time email. The friend may contact HostSectors.com at [email protected] to request the removal of this information from our database. If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please contact us at [email protected].
What Happens to my Personally Identifiable Information if I Terminate my HostSectors.com Account?
When your HostSectors.com account is cancelled (either voluntarily or involuntarily) all of your personally identifiable information is placed in “deactivated” status on our relevant HostSectors.com databases. However, deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely.
Updating Your Information
You may alter or update your account information or opt out of receiving communications from us and our partners at any time by accessing your Account online (Accounts Settings > Contact Preferences).
Please note, where your personal information is reasonably necessary for the provisioning of the products or services you have purchased, or for the operation of our network, the collection, use and disclosure of personal information is required and you cannot opt-out or delete the information without terminating your products/services. If your personal information is not reasonably necessary for the provisioning of the services you have requested or the operation of our network, you will have the choice to withdraw your consent by opting out. For example, where you have provided express consent for the use of specific product or services for marketing purposes, you can opt-out later on as you like. Similarly, you can opt-out of your personal information being used for a variety of marketing communications by us, including telemarketing or addressed marketing mail, or commercial electronic messages like emails and SMS messages, at any time by revisiting Contact Preferences in your Account Settings.
Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. You may access, correct, or request deletion of your personal information by contacting us at any of the addresses below:
[email protected] OR [email protected]
We will respond to your request for access or to modify or deactivate your information within thirty (30) days.
Transfer of Data Abroad
Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. We will also share your information to the extent necessary to comply with ICANN’s rules, regulations and policies.
To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process.
Changes in Our Practices
If we make material changes to this Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty (30) days prior to the implementation of the changes.
Contacting Our Site
Servers Policies [v2 09/2022]
 Cloud Servers Agreement
This Web Hosting Agreement ("Agreement") sets forth the terms and conditions governing customer use of services provided by HOSTSECTORS.com (hereinafter "HOSTSECTORS"). When you agree to these terms and conditions, you certify that you are at least 18 years of age.
PLEASE READ THIS AGREEMENT CAREFULLY.
WHEN YOU APPLY BY ANY LEGITIMATE WAY FOR THE SERVICES OF HOSTSECTORS, THIS CREATES A CONTRACT BETWEEN YOU (THE CUSTOMER) AND HOSTSECTORS, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING ALL LEGAL AGREEMENTS UPLOADED AT https://www.HOSTSECTORS.com/legal. YOUR USE OF THE SERVICES CONSTITUTES AUTOMATIC ACCEPTANCE OF THIS AGREEMENT.
When you order any service from HOSTSECTORS and you are a HOSTSECTORS Account Holder, this means that you have already read and agreed to be bound by all terms and conditions of this Agreement and any policies that have been published by HOSTSECTORS, in addition to policies published by HOSTSECTORS in the future.
HOSTSECTORS reserves the right to deny service to anyone. HOSTSECTORS may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered.
You will be bound by the modified Agreement, prices and/or policies of HOSTSECTORS if you continue to use the services of HOSTSECTORS. Customers who have paid in advance for services will not be affected by any price changes until their term is up.
1. Scope of Services and Customer Obligations
1.1. This Agreement defines the terms and conditions of HOSTSECTORS' services as offered by HOSTSECTORS and used by you, including but not limited to the provision of web hosting services on HOSTSECTORS' dedicated HOSTSECTORS and connectivity to the Internet ("Services"). HOSTSECTORS will provide Services for the amount of server storage space selected, in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing Services, HOSTSECTORS maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that are assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
1.2. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets, and applications ("Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials function properly and as intended. You are responsible for the results of all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that a third party puts onto HOSTSECTORS HOSTSECTORS (for example, material uploaded to facilitate the use of Free For All links pages). Use of HOSTSECTORS Services requires a specific level of knowledge of the use of Internet languages, protocols, and software. This Internet knowledge can vary depending on your anticipated use and the desired content of your website. Such knowledge includes, but is not limited to, the following:
- Web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.;
- FrontPage web publishing requires knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability; CGI-scripts require knowledge of the UNIX environment, tar &gunzip commands, Perl, CShell scripts,.htac- cess,.htpasswd, permissions, etc.;
- Mail requires knowledge of the use of mail clients to receive and send mail, etc.
By agreeing to this agreement you confirm that you have the necessary knowledge to create, modify and maintain your website. HOSTSECTORS assumes no responsibility for providing you with such knowledge. If you wish HOSTSECTORS to analyze any of your code/les/data, then HOSTSECTORS may charge you at the current development/consulting rate. HOSTSECTORS, as a courtesy, may review code/les/data at no charge to HOSTSECTORS Tier 1 customers.
1.3. In connection with the Services offered, HOSTSECTORS may provide certain tools and software for your use, including, but not limited to, specific specialty scripting software and/or specific programming language software for server management.
1.4. During the period HOSTSECTORS provides Services to you, you hereby grant to HOSTSECTORS a nonexclusive, royalty-free, worldwide right and license to digitally display and host your website and its content, and to use the website's trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website and such Services.
1.5. HOSTSECTORS reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its account holders or for any other reason, in good faith, it deems necessary. HOSTSECTORS will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not HOSTSECTORS' intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law. HOSTSECTORS is a service provider under the CDA and section 230 provides immunity for service providers as specified in the law.
1.6. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA"), and acknowledge that HOSTSECTORS is a "service provider" under the DMCA and is therefore immune from liability as specified under the DMCA, including 17 U.S.C. Art. 512. Consistent with the DMCA, HOSTSECTORS will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, HOSTSECTORS has a policy of terminating accountholders who are repeat copyright infringers.
1.7. Websites are unmodified forums containing the personal opinions and other expressions of the people who post entries on a wide range of topics. Neither the content of websites located on HOSTSECTORS' HOSTSECTORS, nor the links to other websites, are screened, approved, reviewed or endorsed by HOSTSECTORS. HOSTSECTORS is not a publisher of any of the content of the websites residing on its HOSTSECTORS, or of any content that might be available through the links to and from the websites on its HOSTSECTORS, and is acting solely as an Internet web-hosting service provider. Any text or other material on such websites comprise the opinions of the specific authors of the material, and are not HOSTSECTORS' statements of advice, opinions or information.
1.8. HOSTSECTORS charges for extra bandwidth for accounts that go over their allocated package amount. Extra bandwidth charges are billed at the first of every month at the individual rates via 95% method.
2. Disaster Recovery Backup Service
All HOSTSECTORS' managed clients, are given access to the automated backup cloud storage solution ("Disaster Recovery Backup Service"). The Backup Services are provided on a mandatory basis. The first 30 days the service is provided free of charge for all managed clients. Clients are entitled to cancel this service during the first 60 days from the time the first backup is created ("Minimum Service Term"). In case the service is not cancelled during this period, the client is obligated to pay the full cost of the service for the period he remains a HOSTSECTORS managed client. If a customer cancels the Service before completion of the Minimum Service Term there is no Termination Fee. All managed clients have the ability to cancel the "Peace of mind Backup service" for free at any given time, as long as the provided service has been fully paid at the moment of the termination.
3. Limited Warranty; Limitation of Liability; Indemnification
3.1. Limited Warranty. You acknowledge that the Services are provided on an "as is" basis. Neither HOSTSECTORS, nor any of its employees or agents, warrants that the Services will be uninterrupted, error-free or free from viruses and/or other harmful components. HOSTSECTORS is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, non-infringement, merchantability or fitness for a particular purpose of information available on its HOSTSECTORS or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will HOSTSECTORS be liable to you or any other person for any loss or damage caused by your reliance on information available on its HOSTSECTORS or obtained through the Services.
3.2. Limitation of Liability. You acknowledge that you are not in any way associated with HOSTSECTORS, and that the contents of your website or service provided to your customers are and will be exclusively supplied by, provided by, and edited by you, and that you are not associated with HOSTSECTORS, which is merely a hosting company that will not edit or inspect the material or data you place onto its HOSTSECTORS.IN NO EVENT SHALL HOSTSECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND/OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE HOSTSECTORS' SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF HOSTSECTORS' HOSTSECTORS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF HOSTSECTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HOSTSECTORS' MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO HOSTSECTORS FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE, LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOSTSECTORS' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
3.3. Indemnification. You agree to indemnify, defend and hold HOSTSECTORS and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to your use of the Services, your violation of any of the provisions of this Agreement, or from your placement or transmission of any materials or content onto HOSTSECTORS' HOSTSECTORS. Such liabilities may include, but are not limited to, those arising from the following:
(a) with respect to your business,
(i) infringement or misappropriation of any intellectual property rights;
(ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or
(iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy;
(b) any damage to or destruction of HOSTSECTORS' equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees;
(c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by HOSTSECTORS' gross negligence or wilful misconduct; and
(d) any other damage arising from your equipment or your business.
4. Payment of Fees
Fees are due either monthly or annually in advance of service. You will receive an invoice by email each month on the first of the month during which your service originally commenced for the forthcoming month's service. This is your monthly billing date. Web hosting payments are not refundable and cannot be cancelled after purchase, subject to a ten (10) day grace period upon commencement of any service provided by HOSTSECTORS where you can request for a cancellation and refund if you are not satisfied with the service.
4.1. HOSTSECTORS will send a notice of fee increases via email 30 days before such increases take effect.
4.2. You agree to provide HOSTSECTORS with accurate and complete billing information, including your legal name, address, telephone number, e-mail address, and applicable payment date, and you agree to update this information immediately if any change occurs. Payments must be submitted in advance of receiving the Services.
4.3. You acknowledge that HOSTSECTORS will bill your credit card prior to the Payment Interval you have chosen. Subject to the consent of customer granted during the registration process or execution of legal documents company shall authorize automatic billing on an ongoing basis.
4.4. Delinquent accounts are those that remain unpaid at the beginning of the next Payment Interval. The Services will be suspended if your account is delinquent. Notwithstanding any other rights HOSTSECTORS may have through this Agreement, all of your website contents will be destroyed if your account is delinquent for 60 days. HOSTSECTORS accounts continue to accrue charges while they are delinquent or if the Services are suspended.
4.5. You acknowledge responsibility for your account until payment in full is made.
4.6. You should cover all bank charges, including correspondent bank charges.
5. Acceptable Use Policy
5.1. USE AND MISUSE OF THE SERVICES
All complaints of abuse, violation and misuse of the Services, whether described in this Section 5 or otherwise, shall be investigated promptly. If you are not sure whether your planned actions would constitute an abuse, violation or misuse, please ask first by contacting [email protected]
You are responsible for all uses of your website, with or without your knowledge or consent. You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to:
- drug dealing;
- attempting, without authorization, to access a computer system;
- pirating distributing copyrighted material in violation of copyright law;
- illegal and/or unregulated gambling;
- schemes to defraud;
- trafficking in obscene material;
- sending a message or displaying content that is obscene, lewd, lascivious;
- threatening bodily harm or damage to individuals or groups;
- violating any export restrictions;
- or violating other laws.
It is forbidden to use HOSTSECTORS network and services to engage in and/or promote illegal, abusive or irresponsible behavior. A party who engage in this activity may be subject to account termination or restrictions placed upon their accounts.
For the avoidance of doubt use of our Services in any manner involving adult material or relating to or involving or promoting escort services is strictly prohibited.
HOSTSECTORS has the sole right to deny, restrict and/or suspend services to users with anonymizing service such as VPN, Proxy, TOR.
Linking to illegal material is also prohibited.
When HOSTSECTORS becomes aware of possible violations of this Agreement, HOSTSECTORS may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on HOSTSECTORS' HOSTSECTORS.
HOSTSECTORS is willing to consider, of the company's own volition, complaints sent to a designated email address or sent in writing to the appropriate street address, that appear to be genuine and meritorious; but any such complaint may be considered to be prejudiced if it does not contain the name, address, telephone number, and an appropriate email address of the complainant.
The above private information of the complainant shall be considered confidential and shall not be disclosed to anyone, except the appropriate authorities conducting an investigation and the employees of HOSTSECTORS who might reasonably need access to this information.
Any person submitting a false complaint or complaints that fail to meet a reasonable standard of accuracy, or that contain misleading information, shall be liable for indemnifying HOSTSECTORS for any damages caused as a result of reliance on such complaint or information.
HOSTSECTORS, by its sole discretion, will determine what action shall be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD HOSTSECTORS HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY HOSTSECTORS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF THE INVESTIGATION'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM HOSTSECTORS AS A RESULT OF
- HOSTSECTORS' DECISION TO REMOVE MATERIAL FROM ITS HOSTSECTORS;
- WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION
- AS A RESULT OF HOSTSECTORS' CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
5.2. USE AND MISUSE OF MATERIALS
Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also redistribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain. You are prohibited from storing, distributing or transmitting any unlawful material through the Services.
Examples of prohibited material include, but are not limited to:
- Threats of physical harm, excessively violent material that incites violence, threatens violence, or contains harassing content or hate speech;
- Copyrighted, trademarked or other proprietary material, used without proper authorization or intended to assist others in defeating technical copyright protections, or material that clearly infringes on another persons' trademark or service mark, patent, or other property right;
- Material that is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- Material that is defamatory or violates a person's privacy;
- Material that creates a risk to any person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
- Material that improperly exposes trade secrets or other confidential or proprietary information of another person or institution;
- Material that promotes illegal drugs, violates export control laws, or relates to illegal gambling or illegal arms trafficking;
- Terrorist content or any material that could be seen as promoting or inciting terrorism or any kind of ethnic, social or religious discord;
- Material that constitutes, fosters, or promotes child pornography. Marketing a site utilizing such content, and including words such as "Kids", "Lolita", "Pedo", "Peta", "Peto", "Pre-teen", "Pedophile", "Underage", "Child", or any other words, images, or descriptions that would lead someone to believe that the models are less than 18 years of age, is not permitted anywhere on any venue, including the URL and meta tags;
- The posting or display of any image or wording depicting or related to incest, snuff, scat or the elimination of any bodily waste on another person, mutilation or rape, anywhere on the site, including the URL and meta tags;
- The posting or display of any image or wording depicting or related to bestiality anywhere on the site, including the URL and meta tags;
- Material that is otherwise illegal or solicits or encourages conduct that is illegal under laws applicable to you or to HOSTSECTORS; or that is otherwise malicious, fraudulent, or could result in retaliation against HOSTSECTORS by offended viewers. Unacceptable uses of website content also includes the presence of the following programs or activities associated with these programs or activities, regardless of whether or not any actual intrusion results in the corruption or loss of data;
- Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network;
- Attempts to circumvent any user authentication or security of host, network, or account;
- Accessing data not intended for user;
- Probing the security of any network;
- Spawning dozens of processes;
- Port scans, ping oods, packet spoofing, or forging router information; Denial of service attacks, sniffers, ooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop;
- Promulgation of viruses; or IRC bots, such as eggdrop or BitchX;
- Content which is related to or involves escorts or escort services being promoted in any way using our Services.
HOSTSECTORS supports the right to freedom of expression and respects the right to disseminate information for journalistic, research or artistic purposes etc. in accordance with applicable laws and regulations and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable and/or illegal activities include but are not limited to, posting private information about a person without his or her consent, defaming a person or business, knowingly making available code that will have a deleterious effect on third-party computers, terrorist content etc. and HOSTSECTORS reserves all of its rights (legal or contractual) to remove, take down and/or restrict access to such content and/or disable access to the website in general. Where there are allegations that your online activity has violated the legal rights of a third party, HOSTSECTORS will not substitute itself for a court of law in deciding tort claims raised by the third party.
5.3. EMAIL USE; BULK OR COMMERCIAL E-MAIL
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, you must obtain HOSTSECTORS' advance approval for any bulk email, which will not be given unless you are able to demonstrate all of the following to HOSTSECTORS' reasonable satisfaction:
- Your intended recipients have given their consent to receive email via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given;
- You retain evidence of the recipients' consent in a form that may be promptly produced upon request, and you honor recipients' and HOSTSECTORS' requests to produce consent evidence within 72 hours of receipt of the request;
- You have procedures in place that allow a recipient to easily revoke his or her consent, such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent must be honored within 72 hours, and you must notify recipients that their revocation of their consent will be honored within 72 hours;
- You must post an e-mail address for complaints (such as [email protected]) in a conspicuous place on any Web site associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You have the means to track anonymous complaints;
- You may not obscure the source of your email in any manner. Your email must include the recipient's email address in the body of the message or in the "TO" line of the email.
These policies apply to messages sent using your HOSTSECTORS Services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an e-mail address hosted via your HOSTSECTORS service. In addition, you may not use a third-party e-mail service that does not practice similar procedures for all its customers. HOSTSECTORS may test and otherwise monitor your compliance with its requirements, and may block the transmission of e-mail that violates these provisions.
You may not use HOSTSECTORS mail services, HOSTSECTORS or components to send out mail from other sites or services that are not hosted with HOSTSECTORS. You may not use HOSTSECTORS mail services, HOSTSECTORS or components to send out mail advertisements for other sites not pertaining to the website you are hosting with HOSTSECTORS. Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data.
5.4. SYSTEM SECURITY
You are prohibited from utilizing the Services to compromise the security of system resources or accounts on HOSTSECTORS at HOSTSECTORS or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. If you are involved in violations of system security, HOSTSECTORS reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. HOSTSECTORS also will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
5.5. SYSTEM RESOURCES
System abuse includes any use of HOSTSECTORS resources that disrupts the normal use of its HOSTSECTORS or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.
Your behavior or the performance or failure of your equipment, facilities or applications, or circumstances beyond HOSTSECTORS' reasonable control, including, without limitation, acts of any governmental body; war; insurrection; sabotage; embargo; re; flood; strike or other labor disturbance; interruption of or delay in transportation; unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation); failure of third-party software or hardware; or inability to obtain raw materials, supplies, or power used in, or equipment needed for, provision of your Web site.
5.7 IP ADDRESS REQUEST GUIDELINES
Customers must comply with our requirements and provide a justification for ordering additional IP addresses:
Specifically, customers have to provide:
- Letter of Authorization from IP address owner;
- Letter of recommendation from one of company's long standing business partners;
- A written explanation of the reason for the customer to use large amount of IPv4 addresses;
- Any other compliance request made by HOSTSECTORS at the time of the order;
An attribution of IP addresses may be refused, at HOSTSECTORS’ sole discretion, including but not limited, in the following cases:
- SSL is not a valid justification given the widespread adoption of SNI;
- Requests that at our discretion may be intended to cheat search engines and for SEO (Search Engines Optimization);
- Requests that at our discretion may be intended to avoid spam blacklists and for sending emails under different IP sources;
- IP-Based Web hosting is not an acceptable justification. Web Hosting must be Named-Based;
- All requests for IP addresses, which do not meet the standards of the ARIN, RIPE;
6. HOSTSECTORS' Right to Terminate Agreement
(a) HOSTSECTORS reserves the right to suspend or terminate Services to you and remove or prevent access to any material from your website at any time, and/or deactivate or close any customer account on the customer portal at its sole discretion.
(b) HOSTSECTORS also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.
7. Limitation of Damages
HOSTSECTORS' obligations to you are defined by this Agreement. HOSTSECTORS is not liable to you for failing to provide the Services unless the failure results from a breach of an applicable Service Level Agreement, or results from gross negligence or wilful misconduct. The credits stated in any applicable Service Level Agreement are your sole and exclusive remedy for failure to meet those guarantees for which credits are provided unless such failure is due to HOSTSECTORS' wilful misconduct. Neither of us (nor any of our employees, agents, affiliates or suppliers) is liable to the other for any lost profits or any other indirect, special, incidental or consequential loss or damages of any kind, or for any loss that could have been avoided by the damaged party's use of reasonable diligence, even if the party responsible for the damages has been advised or should be aware of the possibility of such damages. In no event shall either of us be liable to the other for any punitive damages. Notwithstanding anything in the Agreement to the contrary, except for liability based on wilful misconduct or fraudulent misrepresentation or personal injury resulting from HOSTSECTORS' negligence, the maximum aggregate monetary liability of HOSTSECTORS and any of its agents, affiliates, suppliers or employees in connection with the Services, the Agreement, and any act or omission related to the Services or Agreement, under any theory of law (including breach of contract, tort, strict liability, violation of law, and infringement) shall not exceed the greater of (i) the amount of fees you paid for the Services for the two months prior to the occurrence of the event giving rise to the claim, or (ii) Fifty Dollars ($50.00).
8. Cancellation of Service(s) - Account
New products purchased from NetSectors.com may be refunded only if canceled within the following time-frame. We do not offer refunds on renewals: Annual Plans+ – Within 30 days of the date of the first initial transaction. (Prorated) Monthly Plans*+ – Within 48 hours of the date of the first initial transaction. (Prorated) *Monthly Plans include all plans with less than a 1-year term (e.g., 6 mos., 9 mos., etc.) **All cancellations have a non-refundable “payment processing fee”. +Security products with remediation service cannot be refunded once a cleanup request has been submitted. “Date of the transaction,” for the purpose of this Refund Policy, means the date of purchase of any “new” product or service, which does not include any “renewals” processed by NetSectors.com in accordance with the terms and conditions of the applicable product or service agreement (see here). You may cancel a product at any time, but a refund will only be issued if cancellation is requested within the refund timeframe specified for the applicable product, if available at all. Note: Some products have different policies or requirements for a refund associated with them, including some products that are not eligible for a refund under any circumstance. Please see below for refund terms applicable to such products. This Policy is provided in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, the English version will control and prevail.
9. Arbitration and Governing Law
Except for HOSTSECTORS' compliance with take-down provisions of the DMCA, or injunctive or other equitable actions initiated by HOSTSECTORS pursuant to Section 6(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of HOSTSECTORS' HOSTSECTORS, such controversy or dispute shall first be presented for resolution by HOSTSECTORS to you. This Agreement and all matters arising there from or connected therewith are governed by the laws of the Netherlands to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. The competent courts of Amsterdam, the Netherlands, shall have exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with this Agreement or other agreements or other legal relationships resulting there from.
You may not assign your rights and obligations under this Agreement without the prior written consent of HOSTSECTORS, which may be withheld at HOSTSECTORS' discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
The failure of HOSTSECTORS to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by HOSTSECTORS of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier.
In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with a provision that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by HOSTSECTORS. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and any Order form, together with all amendments or modifications to any of them, constitute an agreement between you and HOSTSECTORS
11. AML/KYC Policy
1. This Anti–Money Laundering and Know Your Customer Policy (hereinafter the “Policy”) sets out the general rules and procedures followed by HOSTSECTORS.com on the implementation of the Know – Your Customer (hereinafter “KYC”) procedures in accordance with the relevant Anti – Money Laundering laws, rules and regulations (hereinafter “AML”). The terms “We”, “Our”, “Company” and “Us” refer to HOSTSECTORS.com. The term “User”, “You” and “Your” refer to a user of our website. We are committed to protecting your interests against potential instances of money-laundering and related financial crimes and promoting legal and transparent trade.
2. This Policy applies uniformly to any person (whether natural or legal) that wishes to use the services offered by HOSTSECTORS.com. Therefore, each person that visits the HOSTSECTORS.com website must carefully read and comply with this Policy prior to entering into any agreements with us. If any person does not agree with this Policy or any part of it, then such person must refrain from accessing and using the website and/or purchasing any services offered by the website. By purchasing services from HOSTSECTORS.com you are deemed to have read and understood this Policy and agree to be bound by it.
3. We reserve the right to modify or amend this Policy at our sole discretion. Any revisions to this Policy will be posted on our website. If we make changes, we will notify you by revising the date at the bottom of this Policy. Your continued usage of the website and/or services shall mean your acceptance of those amendments.
4. This Policy is a part of and is to be read along with our general terms and conditions and other policies all of which can be found at https://www.hostsectors.com/legal
Due Diligence and Know Your Customer Procedures
5. You may, either at the time of registering as a User or upon execution of any visa card payment transactions and/or any other form of transaction available through our website and generally when using the services offered by our website or periodically for purposes of updating records and on-going due-diligence procedures under AML laws and regulations, be required to take part in the User identification and verification process. For this purpose, we will follow the procedure prescribed under this Policy. We conduct this KYC verification process to avoid the risk of being held liable and to protect ourselves from Users attempting to use us, our website or our services for carrying out illegal activities.
6. As part of our User identification and verification process we may evaluate the Users’ transactions and collect the following information but we reserve the right to request any additional information: • Natural persons: name, date of birth, email address, phone number and residential address, copies or certified copy of passport/identity card, documents pertaining to business/financial status of such User and any other information which may be necessary. Legal persons: business name, name, contact-details, and copy of passport/identity card of the authorized representative, one certified copy each of the certificate of incorporation, memorandum and articles of association/partnership deed (as the case may be), board resolution and/or other authorization documents giving authority to the representative chosen to execute transactions on the website. We may also require identifying who the Beneficial Owner of such entity is and you must also assist in the verification of the identity of such Beneficial Owner and any individual who purports to act on behalf of such legal entities.
7. You must promptly update us of any changes to the customer information provided to us as soon as possible after effecting such changes.
8. We reserve the right to refuse registration to, or to bar transactions from or to, or terminate any relationship with, any customer for any reason at any time. Without limiting the generality of the foregoing, this includes, but is not limited to, anyone from or in jurisdictions that do not meet international AML standards, anyone that is a Politically Exposed Person (“PEP”) within the meaning of the AML laws and regulations, anyone on an official, governmental or intergovernmental Sanction Lists, upon reasonable request or direction of a competent enforcement authority, or, anyone that fails to meet any of our customer due diligence standards, requests, or requirements.
9. If have reasonable grounds to believe that any information obtained from the User is (a) inadequate or incomplete; (b) false or misleading; (c) insufficient resulting in an inability to readily verify the same; (d) appearing on any Sanctions Lists; or (e) result in suspicious activity, we may in our sole discretion either refuse or terminate the registration of such account or require such User to verify the documents submitted by it again. We may also, in our sole discretion, refuse to open any new accounts, terminate existing User accounts after giving due notice, or refuse to process any transactions on the website if we are unable to verify any information, or if such transactions are likely to have a material adverse effect on us for being in violation of any applicable laws or industry best-practice guidelines.
10. We are committed to protecting the Users’ rights and the confidentiality of their personal data. The data we collect during this process is only the personal data which is necessary to ensure that we are properly providing our services to the Users and complying with applicable KYC and AML laws and regulations.
Third Party Service Provider
11. We may, at our sole discretion, at the time of the User registration process, request one or more appropriate third-party service provider to assist us in the authentication and verification of the documents provided by you. We also reserve the right to verify customer identity through non-documentary means or both. We will use the following non-documentary methods of verifying identity: • Confirming validity of email; • Confirming validity of telephone number or bank account number; and • Confirming your location using, among others, your IP address.
12. Any financial transaction that may be related to money laundering activities shall be considered to be suspicious activities. Grounds for determining that a specific transaction is suspicious may be personal observations and experience of the Company’s employees, as well as information received or identified.
13. In addition to the above, we may regularly monitor all transactions executed and/or attempted to be executed on our website, in order to promptly identify any suspicious activity, and report it to the relevant authorities where this is necessary, that may include, but not be limited to, the following: customer is reluctant to provide details of his/her identity, customer is trying to use intermediaries to hide its identity or involvement in the transaction; there appears to be no genuine reason for the customer using our services; money is paid by a third party who does not appear to be connected with the customer; the customer requests payment to be made to a third party who has no apparent connection with the customer; activity that appears to be unusual due to the reason of being inconsistent with any User’s risk profile, expected usage pattern or sophistication.