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Third-party Services

General

The following Terms apply to all Third-party Services provided by Napi Digital Ltd to you, the Customer. By purchasing any Services from us, you agree to these Terms of Use.

Napi Digital Ltd reserves the right to discontinue the support or provisioning of any of these Services at any given time with or without prior notice. Napi Digital Ltd reserves the right to change the price of any Service, including these third-party Services or apply extra fees for the utilization of these Services unless otherwise explicitly stated in the individual IO agreement between Napi Digital Ltd and the Customer.

Napi Digital Ltd as a Sublicensor or Reseller of Third-party Services

We may act as a reseller or sublicensor of certain Third-party Services, hardware, software and equipment used in connection with the Services ("Resold Products").

We shall not be responsible for any changes in the Services that cause any Resold Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services.

Any malfunction or manufacturer's defects of Resold Products, either sold, sublicensed or provided by us to you, will not be deemed a breach of the Company's obligations under Napi Digital Ltd’s Terms of Service.

Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Resold Product are limited to those rights extended to you by the manufacturer of such Resold Products.

You are entitled to use any Resold Product supplied by us only in connection with your use of the Services as permitted under our Terms of Service. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Resold Product or to use it other than in connection with the Services we provide you.

You shall not resell, transfer, export or re-export any Resold Product, or any technical data derived therefrom in violation of any applicable law, rules or regulations.

Types of Third-party Services:

The Customer acknowledges that the following list may not include all extra or Third-party Services and software included in Napi Digital Ltd's Service offerings, whether through our Website or through the NapiApp itself.

The Customer acknowledges that the use of these Third-party services and their utilization by the Customer must be done in accordance with the relevant Terms of Service, Terms and Conditions, and Privacy Policies of the Third-party Service provider (links to each relevant policy provided below).

For each Third-party service purchased through the NapiApp, the Customer will have to agree to the aforementioned Terms of Service posted by each Third-party. The Customer acknowledges that it is their sole responsibility to read these various Terms of Service for each of the Third-party services that they sign up for and agree that they will abide by the Terms therein.

Domains Purchases through the NapiApp are provided as a Third-party Service from the following providers:

VPS and Bare Metal Servers through the NapiApp are provided as a Third-party Service from the following providers:

Customer Responsibility & Limitation of Liability

The Customer acknowledges that Napi Digital Ltd is not responsible for the availability, maintenance, or the official support of these services and can not totally and unequivocally guarantee their functionality. Furthermore, the Customer understands and agrees that Napi Digital Ltd can not be held responsible for any loss or damage, whether direct or indirect, sustained or alleged to have been sustained by the Customer arising from the use of such Third-party Services.

The Customer acknowledges that the limited liability clauses laid down in the Terms of Service of the NapiApp and the Napi Digital Ltd Website shall be applied here as the basis for Napi Digital Ltd’s limitation of liability in regards to the Third-party Services available through the NapiApp.

Royalty Fees for Third-party Services

The Customer acknowledges that for each Third-party Service they wish to purchase through the NapiApp, they will be charged a corresponding Royalty Fee.

Each Royalty Fee will be billed by Napi Digital Ltd to the Customer in accordance with the rates and terms of payment laid out within the Customer's IO. The Types of Royalty fees are as follows:

  • Server Royalty
  • VPS Royalty
  • Bandwidth Royalty
  • Domain Royalty
  • SSL Royalty

Server Services:

Server Ownership

In the case of a Server Rental/Purchase enacted by the Customer through the NapiApp, Napi Digital Ltd does not own or otherwise control it. The Customer will remain the only owner and operator of the server registered by them via the NapiApp.

As such, the Customer acknowledges and agrees that the usage of the Server/s and any Websites hosted within it/them must be in accordance with The Terms & Conditions of Use and particularly in accordance with the Acceptable Usage Policy posted on our Website, which governs prohibited content and activities. In the event that the Customer fails to abide by any one of these Policies, Napi Digital Ltd shall not be held responsible for any damage or loss sustained by the Customer or any other party in this regard.

Automation Events

The Customer acknowledges that in the case of an Automation Event being utilized by the Customer, such access to the server as necessary will be given to Napi Digital Ltd in accordance with the Terms of Service of the Automation Events and with the permission of the Customer.

Domain Registration

General Domain name registration terms

All domain names are subject to the appropriate fees depending on the number of domains ordered, the registration period and the domain extension. Renewal fees are due for all such domains at the end of the pre-paid period. Registration and renewal fees for such domain names are non-refundable.

These services will be automatically renewed by Napi Digital Ltd when the Customer's domain registration is up for renewal and will incur the applicable additional renewal fee unless the Customer requests cancellation with at least 48 hours' notice before the due date in a written communication via the email address [email protected] specifying which domains they wish not to renew.

Ownership of the Domain

In the case of a Domain Purchase enacted by the Customer through the NapiApp, Napi Digital Ltd will register the domain name to the Customer and will not own or otherwise control it. The Customer will remain the only owner and operator of the domain name registered by the Company.

During the signup process with the NapiApp, the Customer will be prompted to create a 'User Profile', which will form the basis of the registered details of the domain ownership. It is, therefore, the Customer's responsibility to input their information correctly as these details will be used to register the domain.

The Customer agrees that the Company will not be responsible for any false or misleading information they provide, whether intentionally or unintentionally, during the signup process. Furthermore, the Customer authorizes the Company to register the domain name on his/her behalf, using those details submitted during the signup process.

Some domain name registries require that you confirm your contact information after initial registration and/or after any change or contact details before a domain name registration is completed or updated. If this applies to your domain, either Napi Digital Ltd or the Registrar of record shall send you an email notification with instructions on how to confirm your details. If you fail to confirm your details within the specified deadline, your domain will be suspended or deleted, which may affect the functionality of any Napi Digital Ltd Services associated with that domain. You are solely responsible for following any instructions you receive in order to keep your domain name registration in good standing.

External Domain Names

The Company will allow the Customer to sign up for an account with a domain name registered elsewhere. The Customer acknowledges that by doing so, the Company cannot be held liable for any faults, misfortunes and other issues caused by the inoperability of the third party registered the domain name for the Customer.

Renewal Price Change

The Customer acknowledges and agrees that their top-level domain may have non-uniform pricing, and the cost of initial registration may differ from the renewal cost. Any subsequent renewals of the Domain Name will be charged at the then-current renewal fee.

The Company reserves the right to change prices, the monthly payment amount, or any other charges at any time, and such changes or modifications shall be communicated with you via the email address linked to your account and effective immediately without need for further notice to you. It is your sole responsibility to periodically review such email communications and billing information provided by us through the NapiApp.

If you have purchased a domain name for a period of years, changes or modifications in prices and fees shall be effective when the product(s) in question come up for renewal.

Domain Registration & Personal Data

The Provider takes all necessary measures to protect the personal data of the User in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 regarding the privacy protection of individuals, the processing of personal data, the free movement of such data and the repeal of Directive 95/46 / EC (GDPR) and the Personal Data Protection Act.

The Provider acts as Data Processor for domain name registrars and processes User personal data in accordance with Art. 6, para. 1, b. "B" of the GDPR and the data processing is necessary for the performance of a contract to which the data subject is a party. Napi Digital Ltd shall transmit the necessary information to the respective domain registrar, who shall process your data as a controller for the purpose of registering the requested domain. The Controller shall not transfer your data to third countries.

GDPR Protection

Napi Digital Ltd resells domain registry services that implement a new "GDPR protection" Domain Whois system. Under this new system:

The registrant, admin, and technical contact information for registered domains will no longer be visible in the public Whois database.

"Full" Whois data for registered domains will only be accessible to legitimate and accredited third-parties, such as law enforcement, members of the security community, and intellectual property lawyers.

This "full" Whois data will be limited to those personal data elements that we have obtained permission to process, either via contract or via consent of the data subject.

Most European registries already show a limited set of data in their whois registers because of current privacy laws, and we will see this data being minimized even further. In many cases, no personal data will be shown at all. For generic extensions (gTLDs), the registrar community is working together with ICANN and the European DPAs on a solution that meets both the requirements of GDPR and ICANN policies.

Some registries will continue to publish the name, address and telephone number of registrants, as this is a requirement in the Domain Names Act. This means that the registry has a legal basis for publication.

GDPR Protection will not be available for new and existing registrations for certain TLDs. As of May 17, 2017, these TLDs are : .AU, .BR, .CA, .CN (2nd and 3rd level), .DE (2nd and 3rd level), .EC (2nd and 3rd level), .EU, .RU (2nd and 3rd level), .UK (2nd and 3rd level), .US, .ECO, .JOBS, .NGO/.ONG, .NYC and .TEL. These TLD registries may not mask registrant personal data completely and may display some personal data in the WHOIS.

ICANN and Registrar Terms

In addition to the Terms of Service included on this page, all domain name registrations are subject to the terms and conditions of the Third-party Service provider’s Registrar. As a condition of these Terms of Service, you agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on your behalf. Details of these terms and conditions are available on each Third-party website, accessible from the links in the ‘Types of Third-party Services’ section above.

ICANN Policy:

www.icann.org/en/registrars/registrant-rights-responsibilities-en.html

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