Terms of Service
Last updated: June 14, 2024
Alstra Solutions Ltd.
https://alstra.org
Article 1. Definitions
- ngo.us Registry: The trade name of Alstra Solutions Ltd., established in Ontario, Canada, with its US mail address at 2709 N Hayden Island Dr STE 457347, Portland, Oregon, 97217, USA.
- Services: The ngo.us Registry is a domain name registry offering access to automated systems for domain name *.ngo.us registration and administration on a first-come, first-served basis. Additional services may include SSL certificates, software, DNS, and other Internet services upon request.
- Client: The individual or legal entity that has entered into an agreement with the ngo.us Registry.
- Account: The online environment provided by the ngo.us Registry for applying, administering, or configuring services, accessible via the website or API.
- Licenses: The right to use software owned by suppliers of the ngo.us Registry or by the ngo.us Registry itself.
- Agreement: The agreement between the ngo.us Registry and the Client for providing services, which includes these terms and conditions.
- Website: https://alstra.org, including sub-domains and other domain extensions.
- General Terms and Conditions: These terms and conditions.
Article 2. Offer and Acceptance
- The Agreement takes effect when the Client creates an Account, places an electronic order via their Account which is confirmed, or accepts an offer issued by the ngo.us Registry.
- Partial orders are accepted if they can only be partially filled.
- The due amount is specified on the website and during the ordering process. The description of services on the website or specified in the offer is binding.
- Offers are valid for 30 days unless stated otherwise.
- The ngo.us Registry can refuse a Client at its discretion without stating reasons.
- In case of inconsistencies in the Agreement, appendices, or these terms, the following order of rank applies: the Agreement, appendices, service level agreements, general terms and conditions, and supplementary conditions.
Article 3. Performance of the Service
- Services are performed as soon as possible after the Agreement is concluded.
- The ngo.us Registry guarantees service performance to the best of its ability with due care and professional competence.
- Third-party services may be used if necessary.
- The Client must provide essential information in a timely manner for proper service performance.
- Administrative access credentials are provided if necessary, and any actions performed via the Client’s Account are the Client’s responsibility.
- The Client is responsible for account misuse and must notify the ngo.us Registry of any suspected misuse.
- The Client must provide accurate information and proof of details upon request. Incorrect information can lead to immediate termination and account deletion.
- The ngo.us Registry can limit or suspend services if the Client fails to fulfill obligations.
Article 4. Service: Domain Names
- The main service is the registration of *.ngo.us sub-domains.
- The Client guarantees that the domain name and its use do not infringe on third-party rights.
- The Client bears all consequences of any violations and indemnifies the ngo.us Registry.
- The ngo.us Registry honors requests for moving, transferring, or terminating domain names.
- The Client must cooperate with transfer requests and not delay or reject such requests.
- The Client must notify the ngo.us Registry of any changes to domain holder details within five days.
- Conflicts are resolved in accordance with applicable Dispute Resolution Policies.
- The ngo.us Registry can register or transfer domain names if necessary and retains the right to manage domain names as needed.
- IDN domain names are subject to availability and functionality may be limited.
Article 5. Availability of the Service
- The ngo.us Registry aims for uninterrupted access but does not guarantee it unless specified in an SLA.
- The ngo.us Registry will keep software up to date but may choose not to install certain updates.
- Temporary service disruptions for maintenance or adjustments will be communicated in advance where possible.
Article 6. Abuse
- The Client must not use services for unlawful purposes or in breach of terms, supplier regulations, ICANN regulations, or laws.
- The ngo.us Registry can take measures against excessive email or data transmission, inadequate security, or virus activities.
- The Client must prevent practices such as operating botnets, phishing, spreading malware, or hosting unlawful content.
- Complaints will be forwarded to the Client, who must respond within five days. The ngo.us Registry can take action if the Client fails to respond.
- The ngo.us Registry may terminate agreements if there are excessive complaints and no action is taken.
Article 7. Data and Privacy
- The Client assures the accuracy of all submitted information and updates any modifications.
- Personal data involved in the registration process may be stored and processed, and transferred to third parties.
- Data may be used to optimize services.
- The ngo.us Registry ensures appropriate security for data processing.
- Data will only be processed under the Client’s instructions unless legally required otherwise.
- The Client must comply with data protection laws.
- The ngo.us Registry facilitates data adjustments, deletions, or transfers as required by law.
- Other points are described in the ngo.us Registry Privacy Policy.
Article 8. Duration and Termination
- The Agreement starts on the effective date and renews automatically until terminated.
- The ngo.us Registry can terminate the Agreement if payments are revoked, the Client violates terms, or laws are breached.
- The Client loses all registration rights upon termination.
- Service duration varies depending on the product or service.
- The Client must ensure timely payment for services to avoid losing rights.
- Memberships renew automatically, and upgrades or downgrades are possible at any time.
- No substitute service or restitution is provided if a Service is terminated.
- All cancellations and terminations must be submitted in writing.
Article 9. Rates and Payment
- All prices are in USD.
- Service rates are published on the website and are subject to change without notice.
- Renewal rates apply at the time of processing.
- The Client must approve higher prices before processing orders.
- Rates can be changed with two weeks’ notice, and the Client can terminate the Agreement if they do not accept the changes.
- Payments can be made via credit card, direct debit, PayPal, or bank transfer.
- Services are registered upon receipt of payment.
- The Client loses rights to a domain if charges are reversed or fraudulent.
- Electronic invoicing is accepted, with additional charges for mailed invoices.
- Registration costs are non-refundable if the contract is terminated prematurely.
- Unregistered domain advance payments are credited to the Client’s balance.
- The Client must ensure sufficient funds for service purchases or renewals.
- Exchange rate fluctuations may result in adjusted rates.
Article 10. Liability
- The ngo.us Registry’s liability for direct damages is limited to the payments the Client makes under the Agreement each year, not exceeding $1,000.
- Liability for indirect damages, including loss of profit, data, or business, is excluded.
- Liability only arises if the Client gives proper notice of default and a reasonable period to remedy the failure.
- The ngo.us Registry is not liable for damage caused by force majeure.
- The Client must notify the ngo.us Registry of damages within 30 days.
- The Client indemnifies the ngo.us Registry against third-party claims resulting from service failures.
- The Client is responsible for complying with export regulations.
- The Client is responsible for domain renewals and maintaining account balances.
- The ngo.us Registry is not liable for consequences of insufficient funds.
Article 11. Failures and Force Majeure
- The ngo.us Registry can temporarily close systems for maintenance, with efforts to schedule closures outside office hours.
- System modifications to improve functionality or correct errors will be communicated to Clients if they cause significant changes.
- Service unavailability due to disruptions or maintenance will be communicated to Clients.
- Force majeure events, including network attacks, power failures, and other disruptions, may result in suspension or termination of the Agreement without obligation to pay damages.
Article 12. Amendments to Terms and Conditions
- The ngo.us Registry reserves the right to change or supplement terms and conditions.
- Amendments apply to existing agreements with 30 days’ notice.
- Minor changes can be implemented at any time.
- The Client can terminate the Agreement if they do not accept the amendments.
Article 13. Final Provisions
- This Agreement is governed by Canadian law.
- Disputes will be submitted to the competent court in Ontario, Canada.
- Invalid provisions do not affect the validity of the entire Agreement. New provisions will replace invalid ones, reflecting the original Agreement’s intent as much as possible.
- These terms apply to agreements between resellers and their customers.
- “Written” includes email and fax, provided identity and integrity are established.
- Communications and measurements by the ngo.us Registry are considered authentic.
- The parties will inform each other of relevant changes in contact information.