Cookies are small text files sent by the server to the user's device. Cookies perform many functions, for example, they allow to save the settings made by the user, allow the user to move between pages after signing in and, on the whole, make working on a website easier.
Here's how we are using cookie files:
а) Identification — cookie files allow website providers to recognise your advice and your Account so they don't have to request your login details and password every time you go to another page;
b) Analytics — cookie files allow us to obtain information about the viewing how many times this or that page was viewed.
2.1. Key terms
When registering a User provides the Administration with personal data including name, surname and e-mail address. When registering and /or the Service using the Platform may automatically or with the participation of a User collect additional personal information, including IP-address, browser version, country, language, utm parameters, partner's tags, address of a page's referrer and other technical data, which can be used for identification of the User without carrying additional measures.
2.2. Payment Policy
The Administration does not store full card details. It is not a Payment Controller, as it only receives notifications about successful payments.
It is understood, however, that when receiving payment for the Tariff, the Administration may collect additional information including, inter alia, transaction number, transaction time, type and expiration date of the card used for payments as well as the last four digits of the card number, the cardholder's name, country and city where card has been charged.
2.3. Personal Data requested by third party services
2.4. Activity Data Tracking
While the User is logged into their Account, for the purposes of security and fraud prevention, the following activities are logged: date and time of signing in, date and time when the project was created, date and time when the project was deleted; date and time the password and email were changed, date and time the project and webpage were transferred to another account.
2.5. Personal Data required during domains registration
The main ways of receiving personal information from Users:
a) User provides personal information directly (e.g., when registering on the Platform or using a payment system);
c) A user can provide Personal Data on their own accord why they sign into and use third party services integrated wilfully while they assign and use of third-parties services that are integrated into the Platform.
The Administration may use Personal Data provided to it by the User to:
a) Create an Account and Personal account in order to use the Platform;
b) Provide client service and technical support;
c) Send notices by email, such as confirmation of registration, a reminder and a notice about a forthcoming or completed payment, activation of the trial period and notification of its termination, complaints about the Site created within the Account, notices about significant changes in client service. These messages are mandatory from technical point of view and cannot be canceled for an active account.
d) Email educational materials regarding using the Platform and monthly newsletters containing news connected with the Platform's functions. To opt out from receiving these messages, the User must follow the unsubscribe instruction which is contained in every message they receive.
e) Provide tailored service. For example, location and language detected by the browser are used to set the language of the Platform's interface.
f) Send promotional materials and advertising. Depending on how the User engages with the Platform, they may be sent individual marketing messages about products and services. Also the information about user interaction with the Platform allows it to recalibrate advertising campaigns, for example, avoid showing social ads to the Platform's users.
g) Integrate third party services that provide additional functionalities to the User's website that have been added by the use voluntarily and on their own accord.
h) Sending notifications of payments made on the User's website.
i) Improve the function of the Platform and provide better services. Statistics and analysis about the use of the Platform's functions allows us to determine the priorities for further development. As a result, for this purpose anonymous generalized information is used.
The Administration can share personal data with service providers that perform services on the Administration's behalf. For example, the Administration can use third parties to help it provide customer support, manage advertising, send notifications and newsletters on the Administration's behalf. These third parties are prohibited from using the Users' personal data for promotional purposes.
The Administration can disclose personal data if required by within the limits of the law or to protect rights and interests if this disclosure is reasonably needed to comply with the law or to prevent fraud. In particular, the Administration can disclose the User's data if it is lawfully requested by state authorities or if it receives a justified claim addressed to the User about the violation of the Third parties' rights and/or the User Agreement.
The Administration can share the User's personal data with third parties to provide the User with targeted advertising, and also to measure and control its effectiveness. For example, the Administration can use encrypted emails to adjust advertising in social networks to avoid showing these ads to current Platform users.
The processing and storage of the User's personal data will be carried out lawfully during the time that the account exists. In the event that the account is deleted, some data may be stored insofar as it is necessary for fulfilling legal obligations, settling disputes, preventing fraud and protecting the interests of the Administration.
The Administration takes all necessary technical and organizational precautions to protect User's personal data against unauthorized or accidental access, deletion or alteration, blocking, copying, disclosure or other unauthorized actions of third parties.
In case of loss or disclosure of User's personal data the Administration notices the User about the fact of his personal data loss or disclosure.
6.1. General provisions
The Administration does not process personal data collected by the User on websites, and only provides the computing capacity that could be used for data collection. The Administration is not a 'Controller' but a 'Processor', according to the terminology defined in the European Union General Data Protection Regulation.
Data collected on the User's website is kept in their personal account for 30 days. This function is included by default and is aimed at improving user experience. The User is free to switch off this function at any time, change the amount of time their data is retained, change or delete data either in part or in full, and also to export data.
In the event the User uses an online payment system, the Administration may receive partial data about a successful payment in order to facilitate cooperation between the website and payment system.
The function of logging and retaining partial information about a successful payment is included by default. This function can be set by the User in their personal account. The User may change the length of time their data is kept or turn off this function.
The User can review, change or delete Personal data that was provided by the User or that was collected from the User's website, in their personal account or by sending a relevant query by emailing firstname.lastname@example.org.The User may use the same email address should the User request for their online Account to be deleted.
For technical reasons, the information may not be deleted straight away, but after a delay. Please note that we may retain some of the information to the extent that is necessary for fulfilling legal obligations, resolving disputes, preventing fraud and protecting the legitimate interests of the Administration.
In relation of the User to the Administration, the User provides their personal data and keeps it current.
The User shall independently manage relationships with their Users in relation to the data collected on the User's website.
The Administration undertakes to:
c) Take measures to protect the confidentiality of User's personal information according to standard procedures.
d) Block the User's personal immediately after receiving a request from the User or their legal representative or a relevant authority for the protection of the User's personal data white it is being checked in case invalid data or unauthorized activities are detected.
The Administration may share the User's personal data with the authorities in the relevant jurisdiction solely on the grounds and according to the legislation of the EU Regulations.
In case of a failure to perform its obligations, the Administration accepts liability for any losses, but no more than the cost of the Tariff incurred by the User as a result of the unauthorized use of their personal data, in accordance with the legislation of the Russian Federation, except for the cases when personal data:
a) Was shared with authorities of the corresponding jurisdiction;
b) Was disclosed by the third party after it was shared by the Administration, with the User's consent;
c) Became public before it was lost or disclosed;
d) Was received from a third party before it was provided to the Administration;
e) Was disclosed with the User's consent;
f) Was disclosed as a result of a force majeure event;
g) Was disclosed as a result of a justified claim addressed to the User about the violation of the Third parties' rights and/or the User Agreement.
This is Domain Kosova Hosting, Inc.’s (“Domain Kosova”, “we”, or “our”) Server Maintenance Policy. This Server Maintenance Policy discusses the ways in which we maintain our technology to improve and administer the Services (as defined in the Terms of Service) and how you will be impacted by those actions. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: https://domain.kos.al/legal.
We offer a 99.9% uptime commitment. We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week. However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.
Planned outages, including Scheduled Downtime, during these periods will not fall under our 99.9% uptime commitment. Domain Kosova Hosting will make a reasonable effort to advise Domain Kosova Hosting customers as far in advance as possible of any predicted extended outages.
Definitions. Three types of maintenance downtimes are defined:
Routine Maintenance” means a weekly short downtime necessary for quick updates and patches requiring reboots or restarts.
“Comprehensive Maintenance” means a longer monthly or otherwise scheduled downtime necessary for more significant enhancements.
“Emergency Maintenance” means a service affecting maintenance that is so severe it requires immediate attention.
“Scheduled Downtime” includes (i) and (ii) above.
Intervals. The Scheduled Downtime intervals are as follows (the time zone is where the data center or server is located):
Routine Maintenance Window (Weekly). Sunday mornings, from 12:00 AM until 5:00 AM, outages should not exceed fifteen (15) minutes unless other problems are encountered and will NOT be announced.
Comprehensive Maintenance Window (Monthly or Scheduled). First Saturday evening of every month from 7:00 PM until 7:00 AM Sunday morning or otherwise scheduled and communicated to affected customers via your contact email address.
Emergency Maintenance. This type of maintenance is inherently not scheduled and is only used in extreme circumstances. We will make our best effort to notify customers should this become necessary.
Limitations. This Server Maintenance Policy includes but is not limited to: (i) shared servers and accounts, (ii) reseller servers and accounts, (iii) VPS servers and accounts, (iv) dedicated servers and accounts, (v) all network equipment, and (vi) internal websites such as billing and support. Major system upgrades may require additional Scheduled Downtime.
Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. Domain Kosova Hosting is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.
It is the responsibility of the customer to make sure that all Services being provided on their servers are setup to resume operations automatically upon reboot or restart of the particular Service you have with us.
Kosova Domain Hosting will not be held responsible for any problems or service outages caused due to reboots during standard maintenance periods.
WE HAVE NO RESPONSIBILITY FOR DOWNTIME RESULTING FROM YOUR ACTIONS.
Please contact support at https://domain.kos.al/contact and file a ticket if you have any questions.6. Date of Policy
This Server Maintenance Policy was last updated June 23, 2020.
Whether you are a reseller or use Reseller Hosting Services, you agree to abide, and be bound, by the terms of these TOS and our Policies, including all provisions related to indemnification and termination for a violation of these TOS and our Policies. All additional or different terms, representations, warranties or covenants than those included in these TOS or our other Policies, including those made about the capabilities of any Services by any third party, are specifically disclaimed. Further, such proposed additional or different terms shall be deemed a violation of the Terms of Service and could result in cancellation of your account.
You will not have physical access to any of the servers on which your data is stored. These servers will often be shared with third parties. Use by any third party may affect your use and administration of the server. You shall not take any actions to limit the use of or alter the server or Service functionality or the functionality of any related equipment.
6. Control Panels
cPanel. cPanel is provided through a third party. When you subscribe for use of cPanel with any of the Services, you agree to be bound by cPanel’s End User License Agreement, available at: http://cpanel.com/legal-store.html. Please be sure to review cPanel’s End User License Agreement before use of cPanel-related Services.
Plesk. Plesk is provided through a third party. When you subscribe for use of Plesk with any of the Services, you agree to be bound by Plesk End User License Agreement, available at: https://www.plesk.com/eula/. Please be sure to review Plesk’s End User License Agreement before use of Plesk-related Services.
7. Enrollment; Account Information
Enrollment. You warrant that before you use any of the Services or sign up for an account that you are at least 18 years of age and have the authority to bind yourself or the entity you represent to these TOS. You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening. Further, before using the Services, you represent and warrant to Domain Kosova Hosting that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, which come from using the Services in particular, and doing business on the Internet in general; and (iii) you will provide us with material that may be implemented by us to provide the Services.
Account Information. You are required to provide us with accurate information when setting up your account. You must also keep this information, including your email address, up to date during the course of our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third party application as a result of your failure to maintain updated account and contact information or for circumstances beyond our control.
You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. Domain Kosova Hosting is not liable for any damages, direct or indirect, that result from unauthorized account access or use.
In addition to terms under the Support Policy, located at https://domain.kos.al/legal, in connection with support services, you will be responsible for all authorized actions taken by our support personnel using your login. Before you request support, you should backup your data.
You agree to give Domain Kosova Hosting permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.
8. Term of Agreement; Billing & Payment.
Term. We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the “Effective Date”). We will begin delivery of the Services on the Effective Date and continue until the date set out on the page describing the Services located at client.domain.kos.al (“Initial Term”). If the page describing the Services does not contain an Initial Term, the Initial Term shall be one month.
AUTOMATIC RENEWAL. The Initial Term will AUTOMATICALLY RENEW for successive periods of equal duration (each a “Renewal Term”). For more information on automatic renewal. If you wish to discontinue the Services, you need to notify us before automatic renewal for a Renewal Term. You can notify us by:
Submitting a cancellation at least one (1) day before the beginning of a Renewal Term through our online cancellation form found at client.domain.kos.al; or
Contacting us at least fifteen (15) days before the beginning of a Renewal Term by sending an email to info(at)domain.kos.al (replace “(at)” with “@”) or contacting us through our customer portal at https://client.hostime.al.
Termination. Regardless of the method of termination by you, valid proof of account ownership and authorization to cancel are required to terminate an account.
Termination for Convenience.
Either party may terminate the Services for convenience upon fifteen (15) days prior by providing written notice to the other. We only accept cancellations through our online cancellation form found at client.hostime.al. If you terminate for convenience, you will be responsible for all charges for the duration of the then active Initial or Renewal Term.
Before cancelling, please contact us and request an escalation of your issue if your cancellation is due to unsatisfactory services or an unsatisfactory answer to a previous issue. If your agreement with us is for a set term, please contact us prior to canceling to determine what your charges will be in connection with the termination. All cancellation requests need to be submitted through our online cancellation form found at client.domain.kos.al.
Domain Kosova Hosting Termination. We reserve the right to immediately suspend or cancel the Services without notice: (a) for a violation of these TOS, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service interruption by an Internet Service Provider or other network services provider, or (d) to protect the integrity of Domain Kosova Hosting’s network or the security of the Services. You are not entitled to notice or protest should we exercise these rights. Upon termination, your account will be closed, data deleted, and all fees and charges due and payable must be paid to us. Once your account is closed, we have no responsibility to: (x) forward email, or other communications or (y) maintain any data backup that predates the termination date. If allowed, you are encouraged to keep the Service active during a transition period should you seek to forward your email or other communications. If we suspend or terminate your use of our Services because you have violated these TOS, including any of our Policies, we will not provide you with a credit.
For Breach. You may terminate the Services upon the occurrence of a material breach by Domain Kosova Hosting, which has not been cured within ten (10) days of our receipt of written notice of the breach. A material breach does not include any of the items listed in Section 19(b). Notice of a material breach must contain sufficient detail for us to identify the breach and attempt to take corrective action.
Post Termination Access. If we are able to provide data from backup in an account that has been terminated, you will be subject to a one-time charge of twenty-five dollar ($25) or more to cover the cost of the access. All data in accounts that are not renewed or are terminated will be removed from our servers and will likely be irretrievably lost. Any domain registration packages associated with these accounts will also be canceled.
Billing, Refund & Payment. Please see our Refund & Billing Policy, located at: https://domain.kos.al/legal for additional details on billing, refunds, and payment processes and procedures.
9. Anytime Money Back Guarantee
We don’t want any customers to leave. However, if you do want to leave, we offer an Anytime Money Back Guarantee that will allow you to receive a full or partial refund of certain fees. For details on this policy, please see our Refund & Billing Policy, located at: https://domain.kos.al/legal.
10. Use of the Services
Your use of the Services is governed by these TOS, including our Policies. Domain Kosova Hosting provides no guarantee that the Services will be uninterrupted, or continuous, or that you will be able to access Domain Kosova Hosting’s network at a particular time, or that any data transmitted by DomainKosova Hosting is accurate, error free, virus free, secure, or inoffensive.
You may provide us with a written or verbal endorsement of our Services in connection with your use of the Services (“Endorsement”). The Endorsement will be the actual first-hand account of your experience using our Services and we may, at our discretion, use the Endorsement to promote our Services in-person, in print, online, and all other media. We may also edit the Endorsement for brevity or other reasons, so long as it is consistent with your original Endorsement. In connection with our use of your Endorsement, you hereby agree that we may use your first name, last initial, home state, voice or likeness, and/or contact information in connection with its publication of the Endorsement. If, at any time, you want us to stop using your Endorsement, please contact us using the contact information in Section 19 and we will cease using the Endorsement soon after processing your request.
12. Data Backups
You acknowledge that it is solely your responsibility to regularly back-up and maintain copies of your data outside of Domain Kosova Hosting’s network. Domain Kosova Hosting is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.
13. Licenses; Intellectual Property; Data Ownership
Services performed or provided by Domain Kosova Hosting are not a “work made for hire” and we hereby grant you a license to use the Services and technology under the terms of these TOS, including our Policies. The license is non-exclusive, non-transferable, non-sublicensable worldwide, and royalty free and terminates when you or Domain Kosova Hosting terminates the Services.
All right, title and interest in Domain Kosova Hosting’s technology shall remain with Domain Kosova Hosting, or Domain Kosova Hosting’s licensors. You are not permitted to circumvent any devices designed to protect Domain Kosova Hosting, or its licensors’, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
14. Domain KosovaHosting’s Warranty
Domain Kosova Hosting warrants that it will perform the Services in accordance with prevailing industry standards. To make a warranty claim, you must notify Domain Kosova Hosting in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach. Your sole and exclusive remedy, and Domain Kosova Hosting’s sole and exclusive obligation, in the case of a breach of warranty is, at Domain KosovaHosting’s option, to (i) reperform the Services, or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted (“pro-rated”) by the amount of time they were in conformance. SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY.
15. Your Representations and Warranties
You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.
It is your responsibility to ensure that you can connect with us to use the Services. You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services.
You have read and agree to the terms outlined in the Domain Kosova Hosting Support Policy, located at https://domain.kos.al/legal.
You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any.
You warrant and represent that you and/or your company have not been identified or listed as Specially Designated National or Blocked Person by the U.S. Department of Treasury, Office of Foreign Assets Control.
EXCEPT FOR THE WARRANTY IN SECTION 14, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO Domain Kosova HOSTING), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by Domain Kosova Hosting, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS. Domain Kosova Hosting does not represent or warrant that the Services are complete or free from defects or errors.
Domain Kosova Hosting is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or any of your customers via the Services provided by us. Domain Kosova Hosting is not responsible for any loss of data, for any reason. Domain Kosova Hosting is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.
Domain Kosova Hosting is not liable, and expressly disclaims any liability, for data breaches or data compromise caused by your failure to keep web applications including plugins up to date.
DOMAIN KOSOVA HOSTING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express or implied, made by these third party entities to Domain Kosova Hosting shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties.
SOME STATES DO NOT ALLOW DOMAIN KOSOVA HOSTING TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.
17. Limitation of Liability
It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that Domain Kosova Hosting has no liability, of any sort, for content you or your customers access from the Internet.
In no event shall Domain Kosova Hosting be liable to you in connection with these TOS or the Services, regardless of the form of action or theory of recovery, for any: (a) data loss, (b) direct, indirect, special, exemplary, consequential, incidental, or punitive damages, even if that party has been advised of the possibility of such damages; or (c) lost profits, lost revenues, lost business expectancy, business interruption losses, or benefit of the bargain damages. For the purposes of this paragraph only, the term “Domain Kosova Hosting” shall be interpreted to include Domain Kosova Hosting’s employees, agents, owners, directors, officers, and affiliates.
Notwithstanding anything to the contrary contained in this policy, Domain Kosova Hosting shall not be liable for any indirect or consequential damages, including damages for lost profits, loss of opportunity, loss of sales, or loss of search engine rank, suffered by you, your users, your clients, and your visitors, during periods of scheduled maintenance, service suspensions, and violation of these Policies.
IN NO EVENT WILL DOMAIN KOSOVA HOSTING’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY DOMAIN KOSOVA HOSTING FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Domain Kosova Hosting will not be held responsible for any: (i) force majeure events described in Section 20(b), below, (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our Server Maintenance Policy. Our uptime commitment described in the Server Maintenance Policy, located at https://domian.kos.al/legal, does not apply to disruptions to your use of the network because of a violation of these TOS, including our Policies.
You agree to indemnify, defend, and hold harmless Domain Kosova Hosting and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, employees, shareholders, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from Domain Kosova Hosting personnel or authorize Domain Kosova Hosting personnel to conduct; (ii) any violation by you of these TOS or any of Domain Kosova HDomain Kosovaosting’s Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS or the Services. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
Domain Kosova Hosting shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit, or proceeding brought or threatened against you so far as it is based on a claim that Services provided by Domain Kosova Hosting hereunder infringes any U.S. patent, copyright, or trademark. This indemnification provision is expressly limited to Services that are fully owned by Domain Kosova Hosting. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, Domain Kosova Hosting shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Domain Kosova Hosting promptly in writing of the claim and giving Domain Kosova Hosting full authority, information, and assistance for the defense and settlement thereof. If an infringement claim has occurred, or in Domain Kosova Hosting’s opinion is likely to occur,Domain Kosova Hosting shall have the right, at its option and expense, either to: (i) procure for you the right to continue using the Service(s); (ii) replace with the Service(s), regardless of manufacturer, performing the same or similar function as the infringing Service(s), or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate the infringing or affected Services and refund the Fees charged by us for the period in which the Services were unavailable.
Notices will be sent to you at the email address in your account. It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date.