All Webware customers must abide by the following Terms and Conditions of service:

WEB HOSTING SERVICE AGREEMENT

This Web Hosting Agreement (this “Agreement”) sets forth the terms and conditions of your use of Webware, for web hosting services. To become a Webware hosting account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by Webware. This Agreement will become effective when accepted by Webware. By posting notice 30 days in advance at a web page available on our web site (http://www.Webware.com.mt), Webware 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 if you continue to use the services.

1. Scope of Services and Your Obligations

1.1. This Agreement defines the terms and conditions of Webware hosting services as offered by Webware and used by you, including the provision of web hosting services onWebware servers and connectivity to the Internet (the “Services”). Webware will provide the 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 the Services, Webware maintains control and ownership of any and all Internet protocol (“IP”) numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.

1.2. As part of the Services, Webware will provide your own web-based control panel (the “Control Panel” or “cPanel™”) containing links to your website files and tools.

1.3. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the “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 will function properly and as intended. You are responsible for 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 may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and 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 requires knowledge of the UNIX environment, tar & gunzip commands, Perl, CShell scripts, permissions, etc.; and mail requires knowledge of use of mail clients to receive and send mail, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your website.Webware assumes no responsibility to provide you with such knowledge.

1.4. In connection with the Services, Webware may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for designing websites (collectively, the “Tools”). Access to these Tools may be accessed via your Control Panel. These Tools are copyrighted. To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement.

1.5. Every hosting account with Webware features a 30-day money back guarantee. If you choose to cancel your account within the first 30 days and notify us by email, we will refund all routine account fees, exclusive of any set up or domain names fees. Accounts closed after 30 days do not qualify for refund of any pre-paid fees.

1.6. For server restoration purposes only, Webware makes full back-ups of websites weekly, and backups of new/changed data nightly; however, Webware makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your website. If loss of data occurs due to an error of WebwareWebware will attempt to recover the data for no charge. Otherwise, Webware will attempt to recover the data from the most recent archive. We encourage you to create your own backups from cPanel and download the backup files to your computer. Generated backup files should be immediately deleted from your hosting account to avoid backing up the backup files. Webware reserves the right to delete backup files from your hosting account in order to avoid disruption of subsequent backup operations.

1.7. Webware 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 accountholders or for any other reason it in good faith deems necessary. Webware 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.

1.8. Webware will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein; Webware has a policy of terminating accountholders who are repeat copyright infringers.

1.9. Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on Webware servers nor the links to other websites are screened, approved, reviewed or endorsed by WebwareWebware is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not Webware statements of advice, opinion or information.

2. Limited Warranty; Limitation of Liability; Indemnification

2.1. Limited Warranty. You acknowledge that the Services are provided “as is.” Neither Webware, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. Webware 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, noninfringement, merchantability or fitness for a particular purpose of information available on its servers 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 Webware be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.

2.2. Limitation of Liability. IN NO EVENT SHALL WEBWARE 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) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE WEBWARE‘S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF WEBWARE‘S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WEBWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WEBWARE‘S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO WEBWARE FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WEBWARE‘S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

2.3. Indemnification. You agree to indemnify, defend and hold Webware 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 Webware‘ servers. 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 or destruction to Webware‘s 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 Webware‘s gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

3. Payment of Fees

3.1. Webware will publish a notice of fee increases 30 days before such increases take effect on the web site. A listing of current monthly hosting fees can be found at http://www.Webware.com.mt

3.2. You agree to provide Webware with accurate and complete billing information, including your legal name, address, telephone number, email address and applicable payment date and to update this information immediately if any change occurs. you must secure your account with a valid credit card. Payments must be submitted in advance of receiving the Services.

3.3. You acknowledge that Webware will bill your credit card prior to the Payment Interval you have chosen. You authorize automatic billing by Webware on an on-going basis during the term of this Agreement. On your credit card statement the billing name will appear as WEBWARE.COM.MT.

3.4. Delinquent accounts are those that remain unpaid after 14 days past the due date. The Services will be suspended if your account is delinquent, and Webware may choose to insert a message at your website indicating your suspension that visitors to your website will see.Notwithstanding any other rights Webware may have in this Agreement, all of your website contents will be destroyed if your account is delinquent for 30 days or more. Webware accounts continue to accrue charges while they are delinquent or if the Services are suspended.

3.5. Webware will attempt to notify you by email if your credit card is declined when billing for hosting fees. Webware is not required to notify you by any means if we are unable to bill your credit card. It is your responsibility to make sure we have a valid email address, contact information and a valid credit card for billing purposes.

3.6. You acknowledge responsibility for your account until payment in full is made.

4. Acceptable Uses

4.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: info@webware.com.mt.

You are responsible for all use 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, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.

When Webware becomes aware of possible violations of this Agreement, Webware may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on Webware‘s servers. Webware, in its sole discretion, will determine what action will 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 WEBWARE HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY WEBWARE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM WEBWARE AS A RESULT OFWEBWARE‘S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF WEBWARE‘ CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.

4.2. 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 re-distribute 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 unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of Webware‘ servers. You may not post, upload or otherwise distribute copyrighted material on Webware‘ servers without the consent of the copyright holder.

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: 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 floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX. You are prohibited from storing large static files that are used for media streaming purposes, personal file storage, torrents or any other use that Webware decides that it negatively impacts server performance.

Webware supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, Webware will not substitute itself for a court of law in deciding tort claims raised by the third party.

4.3. Email Use. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by Webware by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person’s permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mail bombed or attract such behavior, the Services will be terminated. You should not send email to any user who does not wish to receive it, either at Webware or elsewhere. Webware recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.

You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. Webware may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.

We encourage that you archive your old email using your email client. Email accounts shall not be used as electronic storage. Webware reserves the right to remove email files older than 2 years, or automatically truncate mailboxes larger than 2GB without notice. This is to ensure that you have adequate disk space for your website files and to avoid disruption of your current email traffic. Violations of the Webware policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that Webware resources are affected, Webware staff may shut down your mailbox.

4.4. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at Webware 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, Webware 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. Webware will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

4.5. System Resources. System abuse includes any use of Webware resources that disrupts the normal use of its servers 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.

Any usage of 10% or more of Webware‘s system resources is an undue burden onWebware‘s system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.

Further, running programs in the background on a Webware server without Webware‘s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the like are not acceptable uses of Webware‘ servers.

5. Webware’ Right to Terminate Agreement

(a) Webware reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that Webware, in its sole discretion, believes violates this Agreement or is otherwise harmful to Webware‘s interests or the interests of other accountholders. (b)Webware 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.

6. Cancellation of Accounts

6.1. You may cancel your Webware account by calling Customer Service or emailing support@webware.com.mt. Charges for canceling accounts are not prorated on a monthly basis.

6.2. All Webware accounts must be paid in full before the cancellation will be considered complete.

6.3. If your account is suspended or terminated for any reason permitted by this Agreement,Webware may, at its sole discretion, permanently delete your website contents fromWebware servers, and Webware will not be able to reopen or restore such content.

 

7. Miscellaneous

Webware has a responsibility to ensure that each of our clients is provided with the best services we have available. While we back up files continuously, we are in no way responsible for the archiving of a site. It is the sole responsibility of the site creator to copy, back-up or archive all files that constitute a web site.

The following guidelines also apply:

Content:
All services provided by Webware may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any Maltese law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Webware from any claims resulting from the use of the service, which damages the subscriber or any other party.

 

Traffic / Hits / Bandwidth Policy:
Bandwidth usage is a simple equation – number of visits times information sent in each visit. Since the average web page is about 50K in size, 5G equals roughly 100,000 page downloads a month! Larger files will increase traffic usage, but 5G bandwidth provide enough capacity for 99% of all web sites on the Internet, and if your site is becoming the next Yahoo, simply ask us to upgrade your account. To maintain the integrity of our service, the following restrictions also apply:

– Sites offering download files. (This is any site where 20% or more of their monthly traffic is from file downloads)
– Sites using more than 20% of system resources.

Webware will be the sole arbiter as to what constitutes a violation of this provision

Commercial Advertising – Email:
Spamming, or the sending of unsolicited email, from an Webware server or using an email address or domain that is maintained on an Webware machine as reference is STRICTLY prohibited. Webware will be the sole arbiter as to what constitutes a violation of this provision.

Chat Rooms:
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option

Background Running Programs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.

Domain Pointing:
Domain pointers are to be used for the purpose of having more than one way to find the same site, not for the purposes of sharing an account among multiple sites. A domain pointer may not be set up to reference a subdirectory within an existing Web hosting account served by Webware or any other provider.

Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of Webware is strictly prohibited, and will result in immediate termination or prosecution.

By clicking the “Checkout” or “Order Now” button, you agree to be bound by and to comply with this Agreement just as if you had signed it, and clicking the “Checkout” or “Order Now” button is the legal equivalent of your signature on a written contract.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Billing Problems and Termination:
Accounts paid by credit cards which are rejected by our online card processor are grounds for termination. If you need to replace your credit card info please inform us.

Because of the risk of credit card fraud, any account which offers two bad credit cards within any 6 month period will be subject to immediate termination.

All Sub-Networks, distributive hosting sites and dedicated servers of Webware must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

DOMAIN NAME REGISTRATION SERVICE AGREEMENT

The following terms and conditions shall apply to the Domain Contract between Webware and the Domain Holder.

1. Domain registration and administration

1.1. The (future) Domain Holder shall submit the domain application to Webware either through a Webware member or directly. Webware shall accept the application by confirming or performing the registration. If, in the latter case, the Domain Holder does not create the necessary technical conditions for the domain’s connectivity within a period of four weeks, this situation shall result in the immediate termination of the Domain Contract (condition leading to termination).

1.2. If the application for registration of a domain is made through a Webware member, then that same member shall also administer the domain on behalf of the Domain Holder thereafter. Any communications which the Domain Holder sends to Webware on the basis of these Terms and Conditions, including a possible notification of termination of the contract, shall all also be transmitted through this same Webware member. It shall also be possible for communications from Webware to the Domain Holder to be similarly transmitted through said Webware member.

1.3. If the application for registration of a domain is submitted directly to Webware, the domain shall be administered henceforth by Webware itself (direct administration byWebware).

1.4. It shall be possible for the Domain Holder to transfer administration of the domain fromWebware to a Webware member or vice versa and also from one Webware member to another. Such a transfer shall be made by the Domain Holder submitting an appropriate application to Webware through the Webware member who is to administer the domain thereafter or, in the case of a future direct administration, directly to Webware. The Domain Holder shall also inform the Webware member who has administered the domain heretofore, or Webware itself if the previous administration has been directly through Webware.

2. Duties of Webware

2.1. Webware shall ensure that the domain and its technical data are included in the name servers for its supported Top Level Domains.

2.2. At no time does Webware carry out any verification whatsoever as to whether the registration of the domain or use thereof by the Domain Holder infringes the rights of others.

2.3. Webware shall be permitted to place a Dispute Entry on the domain if a third party presents a credible case to show that he/she might have a right to the domain and declares that he/she has taken steps to enforce this right against the Domain Holder. The Dispute Entry shall take effect for one year, but it shall be possible for Webware to extend it, provided its holder submits evidence that the dispute has still not been resolved. It shall be possible for a domain that has had a Dispute Entry placed on it to continue to be used by its domain holder, but it shall not be possible for it to be transferred to anyone else.

3. Duties of the Domain Holder

3.1. In submitting the application for registration of a domain, the Domain Holder shall give an assurance that the data pertaining to him/her contained therein is correct and that he/she is entitled to register and/or use the domain and, in particular, that the registration and intended use of the domain does not infringe anybody else’s rights nor break any law.

3.2. It shall be the Domain Holder’s duty to ensure all the necessary technical conditions for the domain’s connectivity, to carry out a whois query immediately after registration to check the data published and to inform Webware immediately of any required corrections to the data as published as well as any subsequent modifications to it. In so doing, the Domain Holder shall pay attention, in particular, to complying with Webware’s Domain Guidelines.

4. Fees

4.1. The domain fees and the dates on which they are due are to be found in Webware’s current price list. Webware shall have to the right to modify this price list, giving two months’ notice of any such change.

4.2. As long as the domain is administered by a Webware member and said member meets their payment obligations towards Webware, the Domain Holder’s duty to pay shall be suspended. Should this condition no longer be met, the Domain Holder’s duty to pay shall be reactivated, and the Domain Holder shall be required to pay the domain fee directly toWebware thereafter.

5. Liability

5.1. Webware shall only be liable for any damage caused by it or by any of its vicarious agents through gross negligence or with malice aforethought as well as for any breach of substantial contract duties for which it is to blame. In the event of a breach of substantial contract duties through ordinary negligence, Webware’s liability shall be limited to the damage typically predictable, as a rule, however, to a sum not exceeding the domain fee for a single year.

5.2. The Domain Holder shall be liable for any damage that Webware may suffer on account of incorrect registration data.

5.3. The Domain Holder shall relieve Webware of any liability resulting from claims filed by third parties and shall compensate Webware for any damage and costs that it may suffer through third parties taking action against it on the grounds that the registration of the domain for the Domain Holder or its use by the Domain Holder infringe the rights of said third parties. In the same way, the Domain Holder shall also compensate Webware or Webware employees for any damage and costs they may incur through a criminal prosecution on account of the registration or the use of the domain.

6. Transfer of the domain

6.1. The domain shall be transferable, as long as Webware supports domain transfers for the TLD.

6.2. Webware shall register the domain for a third party nominated by the existing Domain Holder provided the existing Domain Holder terminates the domain contract and the third party submits a domain application. Webware shall have the right to refuse the third party’s application for as long as the domain is subject to a Dispute Entry.

7. Termination

7.1 The Domain Contract shall be concluded for an indefinite period. It shall be possible for the Domain Holder to terminate it at any time without prior notice.

7.2. It shall only be permitted for Webware to terminate the contract on substantial grounds. These grounds shall include, in particular, any case in which

a) the domain itself includes a manifestly illegal statement;

b) or the Domain Holder has entered into an unconditional, written commitment subject to criminal sanction not to use the domain, or the Domain Holder has issued a corresponding final declaration in proceedings for an interim injunction;
c) or in a final and absolute judgement on the substance of the case, it has been determined that the registration of the domain for the Domain Holder infringed the rights of others, or that the Domain Holder has issued a corresponding final declaration in proceedings for an interim injunction;

d) or the registration of the domain for the Domain Holder is obviously illegal regardless of the specific use made of it;

e) or the Domain Holder has persistently breached substantial contract duties or has remained in breach of them despite receiving a formal warning accompanied by a deadline for compliance;

f) or the data of the Domain Holder or the Administrative Contact submitted to Webware is incorrect;

g) or it is impossible to establish the identity of the Domain Holder or the Administrative Contact from the data submitted;

7.3. Notwithstanding any further-reaching legal rights it may have, it shall be permitted forWebware, when it gives notice of termination for the domain, to disconnect the domain.
7.4. In the event of termination of the contract or disconnection Webware shall not refund any domain fees already paid.

8. Advice on data protection

The names and addresses of the Domain Holder as well as the Responsible and Technical Contacts and also the telephone and telefax numbers and e-mail addresses of the Technical Contact are published by Webware in its Whois search. Any further telephone numbers, telefax numbers and/or e-mail addresses shall only be published there upon the express wish of the Domain Holder expressed in writing.

9. Applicable Law and Place of Jurisdiction

The Domain Contract is governed by Maltese law. For all legal persons as well as for all natural persons having their domicile or habitual residence outside of Malta, the courts with exclusive jurisdiction shall be those of Malta. Webware shall, however, have the right to take legal action against the Domain Holder before the courts having general jurisdiction for him/her.