Asylum...
Terms of Service & More
General Terms of Service

We have a 30 day money back guarantee. No questions asked. If you want a refund just because you didn’t have any coffee this morning, it’s a good enough reason for us. This guarantee does not apply to domain names, reserved dedicated resources (online/offline), or any third-party licenses/software/services.

If you are not statisfied about anything please let us know and we’ll figure it out.


We have no limitations in what you can run on your Cloud VPS/VPS (Virtual Private Server) or Virtual Dedicated/Dedicated Server as long as it doesn’t have any criminal intent like phising, malware, DDoS services etc. or things that can be abused easily like public DNS servers, open e-mail relays, tor exit nodes etc. All of our resources are guaranteed and there are no limitations in hardware resources you’ve payed for.

There are limitations for what can be run on our shared Web Hosting Servers and how much resources one account alone can consume.

  • • 10% CPU Usage
  • • 5% Memory Usage or 512 MB Memory
  • • 50 Running Processes
  • • 15 Minute Max Execution Time
  • • 500 Out-going Email Messages per 60 Minute Period

We're not strict on bandwidth usage, but like other resources, customers are expected to demonstrate responsible usage of bandwidth resources. If you believe you're going to exceed your allocated monthly bandwidth please let us know or your account may be suspended when the limit is reached.

We feel that anyone who wants to host their own server or service should have common sense about what’s ok and what’s not. We’re not going to babysit our clients however, you are responsible for what you are running.

Whenever malware is found on your Website or VPS (we don’t have access to your server but usually we’ll get an external report) we’ll immediately suspend your account or server and then proceed to notify you and try to resolve the issue. There is absolutley zero room for discussion when our services get abused.

In the event of intended fraud we will also report you to fraudlabs and any malware found will be sent to the respective authorities for further investigation.


Please contact us if your website or project requires more resources or specific configurations than what our managed cPanel web hosting platform provides.


Terms of Service

This Terms of Service ("Agreement") is a legally binding contract between Asylum Web Services ("Asylum Corporation") and you ("Customer," “you” or “your”) that shall govern the purchase and use, in any manner, of the services provided by Asylum Web Services to Customer (collectively, the "Services").

By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in the State of Florida.

If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of Asylum Web Services and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact Asylum Web Services to cancel your Services.



1. - Ownership and Services Purchased

1.1. - The individual or entity set out in our records as the primary billing contact shall be the owner of the account.

1.2. - The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased (“Service Description Page”) based on their description on the Service Description Page as of the Effective Date, as defined below. Asylum Corporation may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by Asylum Corporation as set out on the Service Description Page, are referred to as the “Services.”

1.3. - Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.



2. - Term of Agreement

2.1. - This Agreement becomes effective immediately when Customer clicks “I Agree.” (“Effective Date”) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of Asylum Web Services, or by the posting by Asylum Web Services of a revised version.

2.2. - The term of this Agreement is set to the Customer's billing term (“Term”). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.



3. - Compliance with Applicable Law

3.1 - Asylum Corporation is registered and located within the United States of America and as such, we are required to comply with the laws of the United States of America, regardless of where the Services are provided.

3.2 - You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding user content, user websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.


Data Processing Agreement

This data processing agreement (the "Data Processing Agreement") is between Asylum Corporation (the "Data Processor") and the customer agreeing to the Asylum Web Services User Agreement (the "Terms of Use") (the "Data Controller") and incorporates the terms and conditions set out in the Schedule attached hereto (the "Schedule"). The Data Processing Agreement and the Schedule shall be referred to collectively as the "Agreement". Terms used in the Data Processing Agreement but not defined herein shall have the meaning attributed to them in the Schedule.

Under the Terms of Use, Data Controller has appointed Data Processor to provide certain services ("Services") to Data Controller. As a result of its providing the Services to Data Controller, Data Processor will store and process certain personal information of Data Controller as described below:

  • 1. The Customer Personal Data Processed by Data Processor will be subject to the following basic Processing activities: Operations necessary for the provision of the Services under the Terms of Use by Data Processor, including the storage, retrieval, use, disclosure, erasure, destruction and access of the Customer Personal Data.
  • 2. The Customer Personal Data Processed by Data Processor shall concern only the following categories of Data Subjects: Customers of Data Controller based in the European Union whose information is provided to Data Processor for the purposes of the provision of the Services under the Terms of Use.
  • 3. The Customer Personal Data Processed by Data Processor includes and shall be limited to the following categories of data: (i) identification and contact information (such as name, email address); (ii) purchase information (such as payment method, products purchased, billing information); and (iii) information gathered in the provision of services to Data Controller (such as analytics, device and browser information).
  • 4. The Customer Personal Data Processed by Data Processor does not contain special categories of Personal Data.

The Agreement is being put in place to ensure that Data Processor processes Data Controller’s personal data on Data Controller’s instructions and in compliance with applicable data privacy laws. The Parties to this Agreement hereby agree to be bound by the terms and conditions in the attached Schedule as applicable with effect from 25 May 2018 (the "Effective Date").


Schedule
Standard Terms for Processing Agreement

1. Definitions For the purposes of this Agreement, the following expressions bear the following meanings unless the context otherwise requires:

  • i. "Applicable Data Protection Laws" means the General Data Protection Regulation 2016/679 ("GDPR") once it takes effect and any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding instrument of the Data Controller’s Member State which implements the GDPR, the Data Protection Directive 95/46/EC and the e-Privacy Directive 2002/58/EC (in each case as amended, consolidated, re-enacted or replaced from time to time);
  • ii. "Customer Personal Data" means Personal Data provided by Data Controller to Data Processor for Processing on behalf of Data Controller pursuant to the Terms of Use;
  • iii. "Data Subject" means the living individuals who are the subject of the Customer Personal Data;
  • iv. "Model Clauses" means the standard contractual clauses for the transfer of Personal Data to data processors established in Third Countries set out in the Commission Decision of 5 February 2010 (C(2010) 593), as amended by EU Commission Implementing Decision 2016/2297 of 16 December 2016;
  • v. "Personal Data" and "Process", "Processed" or "Processing" have the meaning given in the GDPR;
  • vi. "Regulator" means the data protection supervisory authority which has jurisdiction over Data Controller’s Processing of Personal Data; and
  • vii. "Third Countries" means all countries outside of the scope of the data protection laws of the European Economic Area ("EEA"), excluding countries approved as providing adequate protection for Personal Data by the European Commission from time to time.

2. Conditions of Processing

  • i. This Agreement governs the terms under which Data Processor is required to Process Customer Personal Data on behalf of Data Controller. In the event of any conflict or discrepancy between the terms of the Terms of Use and this Agreement, the terms of this Agreement shall prevail, to the extent of the conflict.

3. Data Processor’s Obligations

  • i. Data Processor shall only Process Customer Personal Data on behalf of Data Controller and in accordance with, and for the purposes of providing the Services. If Data Processor cannot provide such compliance for whatever reason (including if the instruction violates Applicable Data Protection Laws), it agrees to inform Data Controller of its inability to comply as soon as reasonably practicable.
  • ii. Data Processor shall ensure that its personnel who are authorized to Process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
  • iii. Data Processor shall implement and hold in force for the term of this Agreement specific technical and organizational security measures as required by the GDPR.
  • iv. Data Processor shall notify Data Controller promptly upon receipt by Data Processor of a request from an individual seeking to exercise any of their rights under Applicable Data Protection Laws. Taking into account the nature of the processing, Data Processor shall, at Data Controller’s expense, assist Data Controller by appropriate technical and organizational measures, for the fulfillment of Data Controller’s obligation to respond to requests by Data Subjects to exercise their rights under Chapter III of the GDPR (including the right to transparency and information, the data subject access right, the right to rectification and erasure, the right to the restriction of processing, the right to data portability and the right to object to processing). Data Processor shall carry out a request from Data Controller to amend, correct, block, transfer or delete any of the Customer Personal Data to the extent necessary to allow Data Controller to comply with its responsibilities as a data controller.
  • v. Taking into account the nature of the Processing under the Terms of Use and the information available to Data Processor, Data Processor shall, insofar as possible and at Data Controller’s expense, assist Data Controller in carrying out its obligations under Articles 32 to 36 of the GDPR and any other Applicable Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators. Data Processor shall comply with GDPR breach notification requirements.
  • vi. Upon termination of the Processing of Personal Data by Data Processor (subject to Data Processor’s customer data retention policy) and at Data Controller’s request, Data Processor shall either (i) delete all Customer Personal Data; or (ii) return all Customer Personal Data to the Data Controller and delete existing copies unless applicable law requires storage of the Customer Personal Data.
  • vii. Data Processor shall upon written request from Data Controller from time to time provide Data Controller with all information necessary to demonstrate compliance with the obligations laid down in this Agreement.
  • viii. Data Controller acknowledges and agrees that Data Processor may, or may appoint an affiliate or third party subcontractor to, Process the Data Controller’s Personal Data in a Third Country, provided that it ensures that such Processing takes place in accordance with the requirements of Applicable Data Protection Laws. Data Controller hereby consents to Data Processor’s access to Customer Personal Data from the United States to the extent necessary for Data Processor to provide the Services.
  • ix. Where the Data Processor processes, accesses, and/or stores Customer Personal Data in any Third Country, Data Processor shall comply with the data importer’s obligations set out in the Model Clauses, which are hereby incorporated into and form part of this Agreement. The processing details set out at paragraphs a) to d) of the first page of this Agreement shall apply for the purposes of Appendix 1 of the Model Clauses and the terms of the Security Policy apply for the purposes of Appendix 2 of the Model Clauses. Data Controller hereby grants Data Processor a mandate to execute the Model Clauses, for and on behalf of Data Controller, with any relevant subcontractor (including affiliates) it appoints.
  • x. Data Controller acknowledges and agrees that Data Processor relies solely on Data Controller for direction as to the extent to which Data Processor is entitled to access, use and process Customer Personal Data. Consequently, Data Processor is not liable for any claim brought by Data Controller or a data subject arising from any action or omission by Data Processor to the extent that such action or omission resulted from Data Controller’s instructions.

4. Data Controller’s Obligations

  • i. Data Controller warrants that it has complied and continues to comply with the Applicable Data Protection Laws, in particular that it has obtained any necessary consents or given any necessary notices, and otherwise has a legitimate ground to disclose the data to Data Processor and enable the Processing of the Customer Personal Data by the Data Processor as set out in this Agreement and as envisaged by the Terms of Use.
  • ii. Data Controller agrees that it will indemnify and hold harmless Data Processor on demand from and against all claims, liabilities, costs, expenses, loss or damage (including consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by Data Processor arising directly or indirectly from a breach of this Clause 4 or any Applicable Data Protection Laws.

5. Sub-Contracting

  • i. Data Controller hereby consents to the use by Data Processor of the Subcontractors set out in the list of third party sub processors available upon request. If Data Processor appoints a new Subcontractor to Process Customer Personal Data, it shall update such list. In the event that Data Controller objects to the appointment, Data Controller’s sole remedy shall be to terminate the services provided by Data Processor. If Data Controller does not object, Data Processor may proceed with the appointment. Data Processor ensures that it has a written agreement in place with all Subcontractors which contains obligations on the Subcontractor which are no less onerous on the relevant Subcontractor than the obligations on Data Processor under this Agreement.

6. Termination

  • i. Termination of this Agreement shall be governed by the Terms of Use, mutatis mutandis.

7. Law and Jurisdiction

  • i. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in all respects in accordance with the laws of the jurisdiction specified in the Terms of Use.


4. - Payments and Billing

4.1. - Asylum Web Services will automatically bill your payment method on file up to fifteen (15) days prior to the due date on all terms of one (1) or more years; for terms less than one (1) year in length, Asylum Web Services will attempt to bill your payment method on file up to five (5) days prior to due date. All fees are billed in United States Dollars (“USD”) and are subject to change with thirty (30) days notice prior notice to you.

4.2. - Your “Billing Term” is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.

4.3. - Asylum Web Services is only able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) or active PayPal subscriptions. All other payment methods (one time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your obligation to ensure that reoccurring fees are paid on their due date.

4.4. - As a customer of Asylum Web Services, it is your responsibility to ensure that all billing information on file with Asylum Web Services is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. Asylum Web Services screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. Asylum Web Services has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.



5. - Late Payments

5.1. - Any account not paid in full by the end of the first day of the Billing Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, Asylum Web Services reserves the right to suspend your Service(s) with Asylum Web Services and to charge a $10 "late penalty." Fourteen (14) days following suspension of Services for non-payment, Asylum Web Services reserves the right to terminate Service(s) for non-payment.

5.2. - Asylum Web Services is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, Asylum Web Services reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.



6. - Refund Policy and Billing Disputes

6.1. - Asylum Web Services offers a thirty (30) day money back guarantee on web hosting plans. After the thirty (30) day money back guarantee, eligible plans are eligible for an account credit on a prorated basis. Such credits will have any previous extended term discounts withheld from the total credit amount and will be calculated based on the number of months remaining in your billing cycle.

6.2. - No refunds are offered on dedicated server packages, custom packages, setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, software licenses, addons, dedicated IP addresses, advanced support fees, or processing fees. Asylum Web Services reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, such as a SSL certificate or free domain name registration, from any refunds or account credits.

6.3. - Only first-time accounts are eligible for a refund under the 30 day money back guarantee. For example, if you had or still have an account with Asylum Web Services before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with Asylum Web Services. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.

6.4. - Refunds will be issued only to the payment method that the original payment was sent from, and may take up to one (1) week to process. Eligible payments older than sixty (60) days may require a refund via PayPal due to Asylum Corporation's merchant account policies and procedures.

6.5. - The following methods of payment are not refundable any circumstances (including during the money back guarantee period, if one applies), and refunds will be posted solely as credit to the hosting account for current or future Services: bank wire transfers, Western Union payments, checks and money orders.

6.6. - Asylum Web Services will not activate new orders or provide additional Services for customers who have an outstanding balance with Asylum Web Services. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by Asylum Web Services in writing.

6.7. - Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Asylum Web Services is not responsible for any change in exchange rates between time of payment and time of refund. In addition, Asylum Web Services reserves the right to refuse a refund at any time for any or no reason.

6.8. - If you believe there is an error in billing, you must contact Asylum Web Services about it, in writing, within thirty (30) days of the date you are billed or charged. Asylum Corporation's obligation to consider your claim is contingent on your providing it with sufficient facts for Asylum Web Services to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify Asylum Web Services in writing or meet the deadline set out above. If Asylum Web Services finds that your claim is valid, Asylum Web Services agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.



7. - Chargebacks, Reversals, and Retrievals

7.1. - If Asylum Web Services receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to Asylum Corporation by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact Asylum Web Services billing team to address any issues.

7.2. - If Asylum Corporation appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to Asylum Corporation by the credit card company or bank. Any double payment resulting from this process will be applied to Customer's account in the form of a service credit.



8. - Cancellation of Services

8.1. - Either party may terminate this Agreement by providing notice to the other as provided herein.

8.2. - You may cancel service by completing the Asylum Web Services cancellation form located under your Products/Services or through our Support ticket system. To reduce the likelihood of error and ensure the security of your account, Asylum Web Services does not accept cancellations via any other method or location, including, but not limited to, telephone, email, or live chat. Cancellations are not final until confirmed by a representative of Asylum Web Services in writing by email.

8.3. - Cancellations must be requested via the form indicated above 48 hours or more prior to the Service's renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.

8.4. - If you pay Asylum Corporation via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. Asylum Web Services (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.

8.5. - Asylum Web Services may terminate this Agreement at any time by providing notice to Customers via email. Should Asylum Web Services terminate this Agreement for any reason other than a material breach, or violation of the Asylum Web Services Acceptable Use Policy, any prepaid fees shall be refunded.

8.6. - One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.



9. - Refusal of Service

9.1. - Asylum Web Services reserves the right to refuse service to anyone at any time. Any material that, in our judgment, is obscene, threatening, illegal, or violates the Asylum Web Services terms of service in any manner may be removed from Asylum Web Services servers (or otherwise disabled), with or without notice.

9.2. - Similarly, Asylum Web Services reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. Asylum Web Services is not responsible for any damages or loss of data resulting from such suspension or termination.

9.3. - If any manner of communication with the Asylum Web Services staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.

9.4. - Asylum Web Services happily accepts orders from outside the United States, but may limit accounts from certain countries with a high fraud rate. To help protect Asylum Web Services and its customers from fraud, Asylum Web Services may ask you to provide a copy of a government issued identification and/or a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.

9.5. - The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Asylum Web Services also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.



10. - Resource Usage

10.1. - Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all Asylum Web Services customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. Asylum Web Services reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason. See Disk Space, Bandwidth, and Email Usage Definitions.

10.2. - Enforced resource limits for web hosting packages:

  • 10% CPU Usage
  • 5% Memory Usage or 512 MB Memory
  • 50 Running Processes
  • 15 Minute Max Execution Time
  • 150,000-500,000 Total Inodes (depending on web hosting tier)
  • 500 Out-going Email Messages per 60 Minute Period (all excess messages will be discarded and not delivered)

10.3. - Cloud VPS services leverage a shared, network based, Storage Area Network (SAN) and shared Hardware Virtual Machines (HVM) providing Central Process Unit (CPU) time. So as to allow reasonable performance for all customers, individual customers are expected to demonstrate responsible resource usage of the Storage Area Network (disk throughput MB/s / disk IN/OUT operations per second), Hardware Virtual Machine CPU (Central Processor Unit Time), and any other shared resource not explicitly mentioned herein. Asylum Web Services regularly monitors all Storage Area Networks and Hardware Virtual Machine CPU loads for normal usage patterns and routinely evaluates customer deployments for abnormal usage patterns. Asylum Web Services reserves the right to suspend, terminate, and/or limit (such as through disk throughput limiting, in/out operation per second limiting and lowering of CPU priority) services on any account, that at its sole discretion, is using an abnormally large amount of shared resources. Such suspension, termination, or limitation can occur at any time without prior warning, and for any or no reason.



11. - Bandwidth Usage

11.1. - You are allocated a monthly bandwidth allowance depending on the hosting package you purchase. See Usage Policy for disk space, bandwidth, and email usage definitions.

11.2. - Should your account pass the allocated amount, Asylum Web Services reserves the right to: a) suspend the account until the start of the next allocation, b) suspend the account until more bandwidth is purchased at an additional fee, c) suspend the account until you upgrade to a higher level of package, and/or d) charge you an additional fee for the overages.

11.3. - Unused transfer in one month cannot be carried over to the next month and bandwidth is not pooled among multiple servers or accounts unless otherwise specified by a representative of Asylum Web Services in writing.

11.4. - Like other resources, customers are expected to demonstrate responsible usage of bandwidth resources, so as to allow for reasonable performance by all Asylum Web Services customers. Asylum Web Services regularly monitors bandwidth usage and reserve the right to suspend, terminate, and/or limit (such as through port speed limiting) Services on any account, that at its sole discretion, is using an abnormally large amount of bandwidth. Such suspension, termination, or limitation can occur at any time without prior warning, and for any or no reason.



12. - Licenses

12.1. - Asylum Web Services grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by Asylum Web Services solely to access and use the Services. This license terminates on the expiration or termination of this Agreement. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in the Asylum Web Services technology shall remain with Asylum Web Services, or its licensors. You are not permitted to circumvent any devices designed to protect Asylum Web Services, or its licensor's ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

12.2. - You grant Asylum Web Services, or to any third parties used by Asylum Web Services to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free, license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your End Users, in conjunction with the Services. This license terminates on the expiration or termination of this Agreement. All right, title and interest in your technology shall remain with you, or your licensors.



13. - Service Modifications

13.1. - Asylum Web Services reserves the right to add, modify, or remove any or all features from any service Asylum Web Services provides, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and third party applications. These changes can be made for any or no reason and Asylum Web Services does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term “materially” means that a reasonable business person would not have purchased the Services for the purposes used by you.



14. - Uptime Guarantee

14.1. - Asylum Web Services guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If Asylum Web Services fails to meet its Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.

14.2. - Credits are only available for future services/invoices and cannot be issued as refunds. All credit requests must be sent via our official request form within the Client Area/Portal no later than the tenth (10th) day of the month following the SLA (as that term is defined below) violation. Credits are issued based on the uptime for the previous calendar month only and requests not submitted within the required time frame cannot be approved.

14.3. - The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer maxing its resource container, issues resulting from errors or omissions by the customer, issues relating to the customer's ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. All credits are at the discretion of Asylum Web Services, based on its investigation of any issue that is covered by this section.

14.4. - If Asylum Web Services provides a credit, or Service Level Agreement, for a particular Service, this shall be your sole and exclusive remedy for defects in, or issues with, the Service.



15. - Support Policy

15.1. - Asylum Web Services will provide technical support to you twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year. The only official method for technical support is via the Asylum Web Services support system in the Client Area/Portal. Telephone and live chat support are not official methods of support and are governed by the terms and conditions set forth in the following clause.

15.2. - Limited support will be provided, at Asylum Web Services discretion and subject to availability of staff, via telephone and/or live chat. Asylum Web Services will always do its best to provide fast, friendly, and helpful support, but these options are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums.

15.3. - Inquires via telephone or live chat support should be limited to general questions which do not require access to any account or server to investigate or resolve and should not be used to request the status of or provide updates to a support tickets. Any issue requiring investigation, research, or access to an account/server should be sent via the support system. Asylum Web Services reserves the right to direct any issue to the support system at its discretion and to refuse to provide support for such issues via telephone or live chat.



16. - Advanced Support Policy

16.1. - Support to Customer is limited to Asylum Web Services area of expertise and is available only for issues related to the physical functioning of the Services. Asylum Web Services does not provide support for any third party software including, but not limited to, software offered by but not developed by Asylum Web Services. Asylum Web Services reserves the right to refuse assistance with and/or assess an "Advanced Support Fee" of $35.00 USD per hour (1 hour minimum) for any issue that, at Asylum Web Services sole discretion, is: (a) outside the scope of standard support; or (b) caused by customer error or omission. Asylum Web Services will always ask for your permission before providing advanced support that may be subject to a fee. By providing your permission, you agree to pay Advanced Support Fees as billed.



17. - Backup Services

17.1. - Your use of Asylum Web Services Services is at your sole risk. This service is provided to you as a courtesy. Asylum Web Services is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Asylum Web Services servers. Any and all backup services provided by Asylum Web Services, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity.

17.2. - Backups are performed on servers that house shared/virtual web hosting packages only. No backups are performed for virtual private server (VPS/VDS)/Cloud VPS or dedicated server packages, unless you specifically purchase an additional service for this purpose. If your hosting account exceeds 150,000-500,000 inodes (depending on package), the account will not be included in Asylum Web Services automatic backup process.

17.3. - If you ask Asylum Web Services to restore a backup of your data that is located on a backup server maintained by Asylum Web Services, you agree to pay a non-refundable "restoration fee" of $10.00 per backup restored to complete the request. By requesting that Asylum Web Services restore a backup for you, you also confirm a backup restoration will overwrite any and all current data on your account. Asylum Web Services cannot be held liable if a backup restoration does not complete successfully. Asylum Web Services will never charge a backup fee to restore a backup to address an error or omission caused by Asylum Web Services.



18. - Domain Name Registrations, Transfers, and Renewals

18.1. - Asylum Web Services will make every effort to ensure domain names are registered, transferred, and/or renewed on time. If a domain name registration, renewal, or transfer is not processed when due, it is your responsibility to contact Asylum Web Services within fifteen (15) days of the incident for Asylum Web Services to investigate. Redemption fees may be charged to Customer for domains that remain expired for more than thirty (30) days, when no contact is made to Asylum Web Services in the required timeframe. Asylum Web Services liability is limited to the amount paid for the domain name.

18.2. - For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into Asylum Web Services. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to Asylum Web Services for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by Asylum Web Services to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

18.3. - For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).



19. - Expired Domain Deletion Policy

19.1. - Immediately after the expiration of the term of a domain name's registration services and before deletion of the domain name in the applicable registry's database, you acknowledge that Asylum Web Services may direct the domain name to name servers and IP address(es) designated by Asylum Web Services, including, without limitation, to no IP address or to IP address(es) which host a parking page and/or a commercial search engine that may display advertisements. You acknowledge that Asylum Web Services may either leave your WHOIS information intact or that Asylum Web Services may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.

19.2. - For a period of approximately thirty (30) days after expiration of the term of domain name registration services, you acknowledge that Asylum Web Services may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that Asylum Web Services may, but is not obligated to, offer this process, called the "reactivation period." You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that Asylum Web Services, for any reason and in its sole discretion, may choose not to offer a reactivation period and that Asylum Web Services shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which Asylum Web Services may determine at its discretion. You acknowledge and agree that Asylum Web Services may make expired domain name services(s) available to third parties, that Asylum Web Services may auction off the rights to expired domain name services (the auction beginning near the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.



20. - IP Address Allocation

20.1. - Any dedicated IP order, in addition to ones provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (“ARIN”). Asylum Web Services reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

21. - Acceptable Use Policy

21.1. - You shall use Asylum Web Services services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the State of Florida or the United States is prohibited. This includes, but is not limited to: copyrighted material in which you are not the copyright holder, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless Asylum Web Services from any claims resulting from the use of the service which damages you or any other party.

21.2. - Asylum Web Services reserves the right to terminate Services for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether Asylum Web Services is the appropriate service provider for you:

  • ‣ Child Pornography - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
  • ‣ Copyright Infringement - Hosting, Distributing, or Linking to Copyright Infringed Materials
  • ‣ CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues
  • ‣ DoS Source - Source of Denial of Service Attack
  • ‣ DoS Target - Target of Denial of Service Attack
  • ‣ File Scripts - File Dump/Mirror Scripts (similar to rapidshare)
  • ‣ Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
  • ‣ Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public including, but not limited to sites listed at aa419 & escrow-fraud
  • ‣ HYIP - Hosting or Linking to a High Yield Investment Program Website
  • ‣ Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
  • ‣ Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
  • ‣ Investment Sites - FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or Related Sites
  • ‣ IRC - Internet Relay Chat Server, including IRC Scripts/Bots
  • ‣ Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, etc.
  • ‣ PayDay Loan Sites - including any site related to PayDay loans, PayDay loan affiliate programs, etc.
  • ‣ Pharmacy Sites - Sites that engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
  • ‣ Phishing - Identity Theft by Email Under False Pretense
  • ‣ Proxy Site - Hosting of or linking to an Anonymous Proxy Server
  • ‣ Bulk Email - No more than 500 emails of similar content (Opt In)
  • ‣ Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
  • ‣ Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam
  • ‣ Spam Site - A Site Advertised by Spam Email or Spam Web
  • ‣ Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming
  • ‣ Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media
  • ‣ Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
  • ‣ Terrorist Site - Hosting or Linking to a Site Advocating Terrorism
  • ‣ Toolz - Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
  • ‣ Trademark - Hosting, Distributing, or Linking to Trademark Infringed Materials
  • ‣ Warez - Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
  • ‣ Any other material Asylum Web Services judges to be threatening or obscene.

21.3. - In addition, hosting accounts may not be resold unless the account is a Reseller account, VPS, or dedicated server. You may not resell individual services within any single account such as web space, emails accounts, add on domains, or mailing lists. All domains, add-on domains, and sub domains must be for sites controlled by or promoting published content or businesses that are solely controlled by the owner of the account as described above.

21.4. - Asylum Corporation's designated agent for receipt of copyright complaints can be contacted via email by emailing Abuse (at) Asylum (dot) WS (please make replacements as necessary). Copyright complaints are handled pursuant to the Digital Millennium Copyright Act (“DMCA”). Complaints that do not comply with the DMCA will not be processed. You are required to comply with the DMCA in using Asylum Web Services, and presenting copyright complaints.


22. - Shared Web Hosting Data Storage Usage

22.1. - All accounts are subject to the following restrictions on storage space usage: a) accounts must have valid, working websites, and not violate any previously subscribed terms; b) accounts are not for use of mass storage of backups, files, audio, video, zip files or others, as determined by Asylum Web Services, at its sole discretion; and c) accounts are not for use of mass distribution of files, such as torrents or mirrors. Any account found violating these terms may be suspended or terminated without warning.


23. - Multi-location Hosting

23.1. - Asylum Web Services does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. Asylum Web Services also reserves the right to deny the transfer of any account to a new location for any or no reason.


24. - Warranties

24.1. - Your Warranties to Asylum Web Services

  • 24.1.1. - You represent and warrant to Asylum Web Services that: (i) you have the experience and knowledge necessary to use the Services; (ii) you will provide Asylum Web Services with material that may be implemented by it to provide the Services without extra effort on Asylum Web Services part; and (iii) you have sufficient knowledge about administering, designing, and operating the functions facilitated by the Service to take advantage of it.
  • 24.1.2. - You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all material provided to Asylum Web Services, or which may be accessed or transmitted using the Services. You also warrant that to the extent you do business with other parties using the Services, that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.

24.2. - Asylum Web Services Warranties

  • 24.2.1. - YOU EXPRESSLY AGREE THAT USE OF ASYLUM WEB SERVICES SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, ASYLUM WEB SERVICES HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OR MERCHANTABILITY, AND/OR TITLE. NEITHER ASYLUM WEB SERVICES, ITS PARENT, ITS EMPLOYEES, AGENTS, RESELLERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, WARRANT THAT ASYLUM WEB SERVICES SERVICES WILL NOT BE INTERRUPTED OR BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, OR RELIABILITY, OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH ASYLUM WEB SERVICES NETWORK, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. ASYLUM WEB SERVICES SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY ASYLUM WEB SERVICES. NO WARRANTIES MADE BY THESE THIRD PARTIES TO ASYLUM WEB SERVICES SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
  • 24.2.2. - THE WARRANTY DISCLAIMERS CONTAINED IN THIS AGREEMENT EXTEND TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM ASYLUM WEB SERVICES, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.
  • 24.2.3. - SOME STATES DO NOT ALLOW ASYLUM WEB SERVICES TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE EFFECTIVE DATE.

24.3. - The parties expressly disclaim the applicability of the United Nations Convention on the International Sale of Goods.


25. - Limitation of Liability

25.1. - YOU ALSO ACKNOWLEDGE AND ACCEPT THAT ANY DAMAGES WILL BE LIMITED TO NO MORE THAN THE FEES PAID BY YOU FOR ONE (1) MONTH OF SERVICE.

25.2. - UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ASYLUM WEB SERVICES, ITS OFFICERS, AGENTS OR THIRD PARTIES PROVIDING SERVICES THROUGH ASYLUM WEB SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY THIRD PARTY; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ASYLUM WEB SERVICES RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THIS PARAGRAPH APPLIES EVEN IF ASYLUM WEB SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENTS ON ALL SERVERS AND ALL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS, ASYLUM WEB SERVICES LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


26. - Indemnification

26.1. - You agree to indemnify, defend and hold harmless Asylum Web Services, and its parent, subsidiary 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, but not limited to, reasonable attorneys' 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; (ii) any violation by you of any of Asylum Web Services policies; (iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. 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 facilities by Asylum Web Services.


27. - Governing Law and Disputes

27.1. - This agreement shall be governed by the laws of the State of Florida, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this Agreement shall be the state and federal courts in Broward County, Florida, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.


28. - Partial Invalidity

28.1. - If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Asylum Web Services and Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.


29. - Changes to the Terms of Service

29.1. - Asylum Web Services reserves the right to modify this Agreement, in whole or in part, from time-to-time. Asylum Web Services will provide you with notices of such a change by posting notice on your control panel. Unless Asylum Web Services is required to make a change in an emergency, any change will be effective thirty (30) days after it is posted. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement on a regular basis.


30. - Assignment

30.1. - This Agreement may be assigned by Asylum Web Services. It may not be assigned by you. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.


31. - Force Majeure

31.1. - Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.


32. - No Waiver

32.1. - No waiver of rights under this Agreement or any Asylum Web Services policy, or agreement between Customer and Asylum Web Services shall constitute a subsequent waiver of this or any other right under this Agreement.


33. - No Agency

33.1. - This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.


34. - Survival

34.1. - The following paragraphs shall survive the termination of this Agreement: 19, 25 through 28, and 34.

35. - HIPAA Disclaimer

35.1. - We are not "HIPAA compliant." Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Asylum Web Services does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Asylum Web Services is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact customer support.

Usage Policy

Disk Space, Bandwidth, and Email Usage Definitions
How much disk space and bandwidth will my plan include?

There are no set limits on the disk space (data storage) or data transfer (bandwidth) that we provide in our shared web hosting plans. We want you to have all the resources you need to build a great online presence, and most customers will have more than enough disk space and bandwidth to meet their needs.

That being said, we do require all customers to be fully compliant with our Terms of Service and utilize disk space and bandwidth in the normal operation of a personal or small business website. In rare instances, we may need to put constraints on accounts that are using resources beyond what would be expected in the normal operation of a personal or small business website.

Typically, our customers only run into issues if they use their accounts for storage or file sharing purposes, which is not what our services are intended to support. In accordance with our Terms of Service, the disk space and bandwidth you use must be integrated into the normal operation of your website.

How do you determine "normal" operation?

We run customer bandwidth and disk space utilization through a series of statistical analyses on a regular basis, and use the results of these studies to define "normal".

Any questions about whether your website will fall into the normal range? Feel free to contact our team! We'll be happy to talk about your specific needs.

What happens if I exceed "normal" usage?

If we have concerns about your account's bandwidth or disk space utilization, you will receive an email asking you to reduce usage. Generally, we provide customers with a minimum of 24 hours to make these adjustments before taking the account offline.

Again, the most common situations involve customers who use their accounts for storage of files—particularly multimedia files—that are not linked off of their websites. It is a very rare occasion for a customer who is managing a personal or small business website to exceed normal usage.

Email Usage

While Asylum Web Services allows its hosting customers to create unlimited mailboxes (i.e., POP/IMAP accounts), each domain is limited to 500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered.)

DMCA Policy

It is Asylum Corporation's policy to respond to valid notices of alleged copyright infringement. As a web hosting provider based in the United States, most issues related to copyright infringement we see fall under the Digital Millennium Copyright Act ("DMCA"). Our policies related to compliance with the DMCA are included below.


General Instructions

Complaints must be filed in the form of either an email or letter. Our contact information is as follows:

Email: dmca(at)asylum.ws

Mailing address:
Asylum Corporation
ATTN: DMCA Compliance
5237 Summerlin Commons
Suite 400
Fort Myers, FL 33907

Please only send your complaint via one of the mediums listed above. It is not necessary to send it to us in multiple formats.

Or, you may use our support system in the client area/portal to submit a ticket.

All complaints, regardless of how they are submitted, must include the following: a reasonably sufficient amount of contact information (including a working phone number), reasonably sufficient and specific information about the alleged violation, correct formatting in accordance with DMCA requirements (detailed below).


Formatting

The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the full text of which can be found here: www.copyright.gov).

If you wish to file a complaint with us regarding infringement, please note that you are liable if you misrepresent that any product or activity is infringing upon your copyright(s). If you are not sure whether material available online infringes your copyright, we strongly suggest that you consult an attorney before filing a complaint.

To ensure that we process your request as quickly as possible, include all of the following:

  • 1. Identification of the material that is claimed to be infringing, and information sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly. It is not sufficient to state “all infringing material.” The DMCA requires your notices to include all URLs that contain the infringing material.
  • 2. Information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. You may not present an anonymous DMCA complaint.
  • 3. Your complaint must include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  • 4. Your complaint must also include the following statement: "The information in the notification is accurate and that, under the penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • 5. Sign the document.

Notices and Counter-claims

Asylum Web Services may document the cases of copyright infringement upon which we act. As with all legal notices, a copy of the notice will be made available to the public and/or sent to third parties who may make it available to the public.

The safe harbor provisions of DMCA requires that we notify subscribers if their materials have been removed as a result of an alleged copyright infringement. These provisions also require us to give the subscribers an opportunity to send a written notice to us stating that their material has been wrongly removed.

If a subscriber does indeed provide a proper “counter-notice” to the initial claim we will follow the counter notice provisions of the DMCA.

Privacy Policy

Registration and Use of Personal Data

This Privacy Policy, which may also be referred to as a “privacy notice” on some of our websites, discusses how Asylum Corporation and our subsidiaries (“we,” “us” or “Asylum Web Services”) collects, uses, maintains and discloses information collected from our customers, visitors to our websites, individuals who contact us and visitors to our customers’ websites (all: “User” or “Users”).

This privacy notice applies to all websites and brands in the Asylum Corporation family, our products and services, and our mobile applications (collectively, the “Services”). This privacy notice does not cover how our Users may use or share data that they collect using our services.

Please review our Privacy Policy in conjunction with our Acceptable Use Policy (AUP) and, if applicable, your contract with us. The terms of this Privacy Policy are in addition to the terms of our AUP and contract. The purpose of this Privacy Policy is to provide Users with an understanding of what types of information we collect, how we treat it, and choices they may have related to this information. We reserve the right to change our Privacy Policy at any time. Any changes to this Privacy Policy, other than necessary to remedy typographical errors, will be announced on our home page, as well as in email to the primary address Users have on file with us.

Upon request, we provide Users with access to all information they have provided to us. Users can access this information by contacting us via our support system or emailing us at billing(at)asylum.ws. If their personally identifiable information changes, Users may correct, update, or delete inaccuracies through the Asylum Web Services Client Area/Billing System.

For the purposes of the European Union’s General Data Protection Regulation 2016/679, or GDPR, Asylum Corporation and each of the brands from which you have signed up for a product or service are the data controller.


Information Covered by this Privacy notice

When you purchase a Service from us, your personal information will be collected, used, and shared consistent with the provisions of this privacy notice. In addition, the following addendums related to particular Services offered by Asylum Corporation or individuals in certain locations also apply to your purchase or use of those Services. These addendums are a part of this privacy notice:


Privacy Notice Addendum: Domains
Privacy Notice Addendum: California


Information We Collect From You

In the course of your use of the Services, we obtain the following information about you as described below. We collect this data for the purposes described under “How We Use Your Information”.

Information You Voluntarily Provide to Us

We collect the following information from you when you provide it to us:

  • • Information you provide prior to any registration process, such as your email when you provide it to us;
  • • Information that you provide during any registration process, including in connection with a co-branded offer (such as your name, company name, email address, phone number, billing address or credit card information, geographic location and industry);
  • • Information you provide, when you call or email us (for support or otherwise) or when you use our products or services; and
  • • Payment information, including credit card data that you provide to us (by way of our Services or otherwise) when you purchase some of our products and services.
Information We Collect About Your Usage and Devices

We collect data relating to your online activity on our websites, including the following:

  • • IP address;
  • • Browser type and version;
  • • Type of device you use, operating system version, and device identifier;
  • • Geographic location;
  • • Pages you view;
  • • How you got to our Services and any links you click on to leave our Services;
  • • When you update your information, communicate with us, or order new Services;
  • • Metadata about your use of our Services and emails we send to you (including clicks and opens);
  • • Metadata about how your customers, contacts, and users interact with the Services we provide you;
  • • Your interactions with any videos we offer;
  • • Issues you encounter requiring our support or assistance; and
  • • Any device or other method of communication you use to interact with the Services.

We store the data we collect in a variety of places within our infrastructure, including system log files, back end databases and analytics systems.

Information We Aquire From Social Media
  • • We collect information from third party social networking sites, including information that they provide to us if you use your credentials at such social networking sites to log into some of our Services (such as your name and email address to pre-populate our sign-up form).
  • • The information you allow us to access varies by social networking site, and depends on the level of privacy settings you have in place at the social networking site. You can control and find out more about these privacy settings at the applicable social networking site.
Information We Aquire From Other Sources

We also collect the following information from other sources:

  • • Information you provide to us at seminars or to our partners;
  • • Information you provide to us in surveys;
  • • Information that is publicly available; and
  • • Information you consent to us receiving from third parties.

We also collect information that you may provide during your telephone conversations with us, which we may monitor or record.

We may combine any information we collect about you with other information we have about you to help us 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.


How We Use Your Information

We use the information we collect, both on its own and combined with any other information we collect about you, for the following business and commercial purposes:

  • • To provide the requested Services to you;
  • • To provide you with useful content;
  • • To ensure the proper functioning of our Services
  • • To offer and improve our Services;
  • • To provide you with requested information or technical support
  • • To facilitate your movement through our websites or your use of our Services;
  • • To do a better job of advertising and marketing our Services (subject to your consent where required by applicable law);
  • • To advertise and market third party products and services (subject to your consent where required by applicable law)
  • • To diagnose problems with our servers or our Services;
  • • In connection with our security and compliance programs;
  • • To administer our websites;
  • • To communicate with you;
  • • To target current or prospective customers with our products or services through online advertisements served on third-party sites by third-party vendors, such as Google (subject to your consent where required by applicable law);
  • • To assist us in offering you a personalized experience or otherwise tailor our Services to you; and
  • • As otherwise described in this privacy notice.

We also use the information we receive to produce reports on trends and statistics, such as mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products or services.

Payment information that you provide to us, including credit card data, will only be used to facilitate payment for the Services.

We also use recorded telephone conversations for quality control purposes, to train our employees and for our own protection.


Sharing of Information

As further described below, we will only share certain personal information with:

  • • Other members of the Asylum Corporation corporate family;
  • • Our partners;
  • • Third party service providers and vendors;
  • Third Party Data Controllers and Subprocessors: American Express, Cloudflare, Comodo, cPanel, Facebook, Google Adwords, Google G Suite, Google Maps API, PayPal, Stripe, Twitter, WHMCS, Yahoo, Certain third-party vendors who provide other services, including customer service activities, fraud detection, deterrence services, access to advertising assets, information technology services, storage services, marketing, advertising activities, analytics, analysis, and search engine optimization services.
  • • In connection with a sale, merger, acquisition or corporate reorganization;
  • • Authorized users within your organization; and
  • • For legal reasons.
Sharing within the Asylum Corporation Corporate Family

We share personal information with other members of the Asylum Corporation corporate family to allow our corporate affiliates to contact you with offers, services or products that may be of interest to you and to provide you with their products and services. Any such corporate affiliate may use your information only according to the terms of this privacy notice. If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent.

Sharing with Partners

When we share your personal information with certain third-party partners, including marketing and advertising partners, that information includes your name, email address and other information enabling partners to:

  • • Assist you in using our Services,
  • • Contact you with offers, services or products that may be of interest to you, and
  • • Provide you with their products or services.

Our partners may use cookies and similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click here, or if you are located in the European Union, click here. Please note you will continue to receive generic ads. Click here to access our Cookie Notice.

If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent. Please note that if you access our services through a tool that hides your location, such as through a virtual private network, you may not receive our request for permission because we were not able to identify you as being located in a jurisdiction where your permission is required.

Further, our partners are prohibited from using your contact information for any purpose beyond those set forth above without your consent. We will not provide our partners with your credit card information. Further information about certain partners we share personal information with is available above in "Sharing of Information".

In the event we collect information from you in connection with an offer that is jointly presented by us and a partner, we will let you know who is collecting the information and whose privacy notice applies, as well as any options you may have regarding use of your information.

Sharing with Third Party Service Providers and Vendors

Occasionally, we enter into contracts with carefully selected third parties to assist us in servicing you (for example, providing you with customer service, fraud detection and deterrence or access to advertising assets and providing us with information technology and storage services) or to assist us in our own marketing and advertising activities (including providing us with analytic information and search engine optimization services). Additional information about certain third-party service providers we share personal information with is available above in "Sharing of Information". Our contracts with such third parties prohibit them from using any of your personal information for any purpose beyond the purpose for which it was shared.

If you purchase a product or service from a third party through one of our brands, we will pass your personal information to such third party in order for them to fulfill your order.

We also share non-personal information with certain third parties, including the media, industry observers, marketing and advertising partners, vendors, customers, potential customers or partners. For example, we disclose mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products and services.

Corporate Reorganizations

If we are involved in a merger, acquisition, a sale of all or a substantial portion of our assets, or other similar sale transaction, your information will be transferred as part of that transaction. We will notify you by email and/or a prominent notice on our website of any such transfer and any choices you may have regarding your information.

Authorized Users

All users authorized by you to have access to your account can view personal information stored in the account. A primary account holder can view personal information saved in subaccounts to which they have authorized access. We share information about authorized users only for legitimate purposes consistent with this privacy notice, including servicing your account and marketing products and services to you.

Legal Process

If legally required to do so, or if we have a good faith belief that such disclosure is reasonably necessary, we may disclose your personal information to courts of law, public authorities (including to meet national security or law enforcement requirements), and other relevant third parties, such as internet service providers, to conduct an investigation, respond to a third party or law enforcement subpoena or court order, to bring legal action, prevent harm to others or pursue other relief when you or a third party are or may be:

  • • Violating our terms and conditions of use;
  • • Causing injury or other harm to, or otherwise violating the property or other legal rights, of us, other users, or third parties; or
  • • Violating federal, state, local, or other applicable law.

This disclosure can include transferring your information to the U.S. and other countries outside the European Economic Area. To the extent we are legally permitted to do so, we will notify you in the event that we are required to provide your personal information to third parties in connection with a subpoena.


Security

The transmission of information via the internet, email or text message is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through the Services or over email; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organizational measures to safeguard your personal information against loss, theft and unauthorized use, access or modification.

When we collect financial account information, such as credit card numbers, we protect its transmission through the use of encryption such as the Transport Layer Security (TLS) protocol.


Tracking Technologies and Online Advertising

We use cookies, web beacons, pixels, tags, scripts and other similar technologies in the course of our business. Information about the technologies we use, why we use them (for example, in connection with online advertising), and how you can control them can be found in our Cookie Policy.


Choice/Opt-out
Marketing Communications from Us

Email
You always have the opportunity to opt out of our marketing communications or change your preferences by following a link in the footer of all non-transactional email messages from us or by emailing us at privacy(at)asylum.ws. Some communications from us are considered transactional or service communications (for example, important account notifications and billing information). You agree to receive these transactional and service communications as a condition of the Services that we provide to you. You must cancel your accounts for all Services, if you do not wish to receive any transactional or service communications from us. To cancel your account, please follow the instructions found in the terms of service for the applicable Service. You may still receive marketing communications from us even after you cancel your account unless you also opt-out of our marketing communications, as described above.

Phone
If you do not want to receive marketing calls by phone, you may contact customer support at the brand from which you purchased your Services and indicate your preference to us. Contact information for specific brands can be found on the homepage of each brand.

Note that we may use automated dialing technology to place marketing calls. In the event we do use such technology for marketing calls, we will do so with your consent as required to comply with applicable law. You do not need to agree to receive automated marketing phone calls or texts from us in order to use the Services.

Cookies

For information about how to manage and opt out from cookies, please visit our Cookie Policy.

Information from Third Parties

To manage the information we receive about you from a social networking site or other third party (if applicable), you will need to follow the instructions from that party for updating your information and changing your privacy settings, where available. The information we collect is covered by this privacy notice and the information the third party collects is subject to such third party’s privacy practices. Privacy choices you have made on any third party site will not apply to our use of the information we have collected directly through our Services.

Unauthorized Accounts

If an account or profile was created without your knowledge or authorization, please contact customer support at the brand on which the account or profile is located to request removal of the account or profile..


Retention of Personal Information

We retain your personal information to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain your personal information for no more than seven years following the later of (i) the date on which you terminate your use of the Services or unless we are otherwise required by law or regulation to retain your personal information for longer.


Legal Basis for Processing Your Information

Depending on what information we collect from you and how we collect it, we rely on various grounds for processing your information under the GDPR, including the following:

  • • In order to administer our contractual relationship, including setting up your requested Services, payments, renewals and processes;
  • • Because it is in our legitimate interest to run a successful and efficient business and provide you with the Services and other useful content;
  • • In order to fulfill any legal obligations we may have to collect this information from you; and/or
  • • Because you have provided your consent for us to do so.

Your Right to Control How Your Personal Information is Used

You have the right to make requests regarding your personal information. You can:

  • • Ask us to update or correct personal information if it is inaccurate;
  • • Request that we transfer some or all of your personal information to you or a third party (whenever it is technically feasible to do so);
  • • Make choices about receiving marketing communications;
  • • Withdraw your consent to process your personal information in circumstances where we are relying on your consent as our basis for processing.

To exercise any of your rights, please send an email to privacy(at)asylum.ws or visit our Support System.

Residents of the European Union and California have additional rights. Please see appropriate sections for more information.

In addition to the rights above, residents of the European Union and California have further rights which are detailed below. Please note that some rights only apply in certain circumstances or to certain information and some exceptions may apply.

We will require you to verify your identity before responding to any requests to exercise your rights.

Residents of the European Union

In addition to the rights outlined above, where the GDPR or related data protection laws apply, you may:

  • • Ask whether we process personal information about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with.
  • • Request that we delete the personal information we hold about you in certain limited circumstances.
  • • Request that we stop processing the personal information we hold about you.
  • • Object to our processing of data about you.
Residents of California

In addition to the rights outlined above, where the CCPA or related data protection laws apply, you may:

  • • Request to know the categories of personal information we collect about you, as well as the sources from which the personal information is collected; the business or commercial purpose of our collection; the categories of third parties with whom we share your personal information; and the specific pieces of personal information we hold about you.
  • • Request certain information regarding, and/or opt-out of, our disclosure of your personal information to third parties.
  • • Request that we delete the personal information we hold about you in certain limited circumstances.

Third Party Links and Information Collection and Use by Our Users

Some of our Services provide links to other websites. Because we do not control the information policies or practices of these third party sites, you should review their privacy policies to learn about how they collect and use personal information.

You may also log in to some of our Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you with the option to share certain personal information with us, such as your name and email address to pre-populate our sign up form. For example, if you take advantage of certain of our social media features, such as the Facebook Like button, and widgets, such as the “Share This” button or interactive mini-programs that run on our site, the applicable social networking sites may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable it to function properly.


Children

Our Services are not directed to persons under 18. We do not knowingly collect personal information from children under 18. If you are a parent or guardian of such a child and become aware that your child has provided personal information to us, please contact us as described in this Privacy Notice and we will take reasonable steps immediately to remove any such information.


Data Transfer

In order for us to provide the Services to you, your personal information will be transferred to, and stored at/processed in the United States. Your personal data is also processed by staff operating outside the European Economic Area (EEA), such as in India and the Philippines, who work for us or for one of our suppliers. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this notice.

For transfers of personal information within the Asylum Corporation corporate family, such transfer will be under the Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses), pursuant to Decision 2004/915/EC and 2010/87/EU.

For transfers of data to third parties, such transfers will either (i) be under the Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses), pursuant to Decision 2004/915/EC and 2010/87/EU; or (ii) rely on the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework.

Asylum Corporation’s brands (together known as “Covered Entities”) participate in the compliance of Privacy standards (together, also known as the “Frameworks”). The Covered Entities are committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Framework, to the Framework’s applicable Principles.

The Covered Entities are responsible for the processing of personal data they receive and subsequently transfer to a third party acting as an agent on its behalf. The Covered Entities comply with the Privacy Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Frameworks, the Covered Entities are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.


Notification of Changes

We reserve the right to modify this privacy notice at any time, so please review it frequently. If we decide to change this privacy notice in any material way, we will notify you here, by email, or by means of a notice on www.asylum.ws or the website of the Asylum Corporation product or service you use prior to the change becoming effective. In all cases, your continued use of any Services constitutes acceptance to any such changes.


Complaints

If you have any questions about this privacy notice or our data handling practices, or you wish to make a complaint, you may contact our Data Protection Officer at privacy(at)asylum.ws or by regular mail at:

  • Asylum Corporation
  • ATTN: Data Protection
  • 5237 Summerlin Commons
  • Suite 400
  • Fort Myers, FL 33907
Service Level Agreement (SLA)

SLA for Servers without Managed Support

We guarantee that our network, datacenter HVAC, and power will be functioning 99.9% of the time on any given month, with the following exceptions:

  • • Any period prior to the problem being reported by you to our support team.
  • • Scheduled maintenance windows and emergency maintenance windows.
  • • Planned migrations.
  • • Server shutdown due to account suspension.
  • • Factors outside our control, such as force majeure events, failure of our upstream providers or your ISP.
  • • Software running within your virtual servers.
  • • Actions of third parties, such as server compromises, denial of service attacks and viruses.
  • • Violations of our Acceptable Usage Policy.
  • • User activity errors.

If we fail to meet the guarantee stated above you can claim a credit of the following value:

For servers covered by the 1,000% SLA: 10 times the prorated rental for the downtime of the affected services beyond the 99.9% uptime guarantee. This is capped at 100% of the monthly rental for the affected services in any one month.

For other servers: The prorated rental for the downtime of the affected services, beyond the 99.9% uptime guarantee. This is capped at 100% of the monthly rental for the affected services in any one month.


SLA for Servers with Managed Support

We guarantee that our network, data center HVAC, and power will be functioning 100% of the time on any given month, with the following exceptions:

  • • Scheduled maintenance windows, announced 24 hours in advanced.
  • • Migrations scheduled 1 week in advanced and lasting up to 6 hours.
  • • Server shutdown due to account suspension.
  • • Factors outside our control, such as force majeure events, failure of our upstream providers or your ISP.
  • • Software running within your virtual servers.
  • • Actions of third parties, such as server compromises, denial of service attacks and viruses.
  • • Violations of our Acceptable Usage Policy.
  • • User activity errors.
Cookie Policy

This Cookie Policy describes how and why Asylum Corporation and our subsidiaries (“we,” “us” or “Asylum Web Services”) use cookies, web beacons, pixels, tags, scripts and other similar technologies in the course of our business, including through websites and apps that link to this Cookie Policy. It also explains your rights to control our use of these tracking technologies. For additional information about our privacy practices, please review our Privacy Policy.


What are cookies?

Cookies are small data files placed on your computer or other internet-enabled device that enable our features and functionality. They allow us to record information when you visit or interact with our websites, products and services (collectively, our “Websites”). Other tracking technologies, such as web beacons and pixels work similarly to cookies, placing small data files on your device that monitor your Website activity.


How do we use cookies?

We use cookies and other tracking technologies to make our Websites easier to use and to better tailor them to your interests and needs. We use the information we obtain from cookies and other tracking technologies to carry out profiling activities in order to learn more about you and offer you tailored advertising based on your behavior on our Websites. We also use these technologies to compile information that allows us to better understand our customers and visitors.


What kinds of cookies and tracking technologies do we use?
Persistent and Session Cookies

We use two categories of cookies: Persistent cookies and session cookies. Persistent cookies are cookies that help us recognize you. They are stored on your device in between browser sessions, allowing us to remember your preferences and actions across multiple sites and on multiple visits. Session cookies expire at the end of your browser session, allowing us to link your actions during a particular browsing session.

Third Party Cookies

In addition to the first party cookies set by us, we also allow third parties to set cookies on our Websites. Third parties may use cookies, web beacons, pixels, tags, scripts and other similar tracking technologies to enable the third party’s features or functionalities to be provided through the Website you are using. The third party setting these cookies can recognize your device both when it visits our Website and when it visits certain other websites or services. For example, our paid endorsers, or affiliates, may use third party cookies to identify you as a referral so they can be compensated if you sign up for services from us as a result of visiting one of our paid endorsers. For example, third party vendors such as Google may use cookies or other device identifiers to provide you with targeted advertisements based on your past visits to our Website.

Cross-Device Tracking

We perform cross-device tracking which allows us to provide more relevant advertising to you on multiple devices. We do this by identifying browsing activity on your smartphones, tablets, desktop computers and other devices connected to the same IP address or logged into the same account to better understand the products and services that might be of interest to you.

Local Storage Objects

We also use Local Storage Objects (LSOs), such as HTML5, to, among other things, optimize screen presentation, video and other preference information.

Google Analytics

We use Google Analytics which is a web analytics tool that helps us understand how users engage with our Websites. Like many services, Google Analytics uses first-party cookies to track user interactions as in our case, where they are used to collect information about how users use our Website. This information is used to compile reports and to help us improve our Websites. The reports disclose website trends without identifying individual visitors.


Why do we use cookies?

We use the following types of cookies for the reasons described below. These cookies may be set by us or a third party service provider to perform the functions described below:

  • Required: These cookies and tracking technologies are required to help our websites work correctly. For example, these cookies allow you to navigate our Website and use essential features, including secure areas and shopping baskets.
  • Analytics: These cookies and tracking technologies help us understand how customers and visitors interact with our Websites. They provide us with information about areas of our Websites visited, time spent on our Websites, transactions performed, and any error messages you receive. These cookies allow us to improve the performance of our Websites. They may collect your IP address but only for the purpose of identifying general locations of visitors and identifying fraudulent or spam traffic.
  • Functional: These cookies and tracking technologies allow our Websites to remember choices you make to give you better functionality and a personalized experience. For example, when you select a specific currency on one of our Websites, we will remember your currency selection when you return.
  • Advertising: These cookies and tracking technologies allow us to deliver content, including advertisements, relevant to your specific interests. This content may be delivered on our Websites or on third party websites or services. They allow us to understand and improve the relevancy of our advertisements. They may track personal information, including your IP address.

How can I control cookies?

If you visit our Websites from the European Union and/or the European Economic Area, only required cookies, as described above, will be used on our Websites by default. Other cookies and tracking technologies will only be used when you consent by visiting each Website’s Cookie Management Center at http://preferences-mgr.truste.com, where available.

Where you visit our Website from outside Europe, all cookies and similar tracking technologies described above will be used by default. If you would prefer not to receive personalized ads based on your browser or device usage, you may generally express your opt-out preference to no longer receive tailored advertisements. Please note that you will continue to see advertisements, but they will no longer be tailored to your interests.

If you opt out of receiving certain cookies from us, your web browser will be associated with a generic “opt-out” cookie, which will prevent us from associating any non-personal information with your browser. Our “opt-out” cookie has no expiration date. Since this program is cookie-based, you may need to opt out again if you do any of the following:

  • Delete your cookies;
  • Block cookies, including third party cookies;
  • Switch internet browsers;
  • Change computers; or
  • Upgrade your web browser.

Internet browsers allow you to change your cookie settings via the “options’ or “preferences” menu in your browser. Please note that if you set your browser to refuse or block all cookies, certain features or functionalities of our Websites will be limited or unavailable to you.

Some internet browsers include the ability to transmit “do not track” signals. Because no industry standard has yet been developed with respect to “do not track,” our Websites do not currently process or respond to such “do not track” signals.

Some internet browsers may offer their own management tools for removing HTML5 and other Local Storage Objects.

You can opt out of Google’s use of cookies or device identifiers without affecting how you visit or use our Website. For more information on opting out of Google’s use of cookies across all websites you use, visit this Google page: https://adssettings.google.com/authenticated. To provide you with more choice on how your data is collected by Google Analytics, Google has developed an opt-out browser add-on, which is available at https://tools.google.com/dlpage/gaoptout and enables you to opt out of being tracked by Google Analytics.

To learn how to manage privacy and storage settings for Flash cookies, visit http://www.macromedia.com/support/
documentation/en/flashplayer/
help/settings_manager07.html
.

Further information about deleting and blocking cookies can be found at http://www.allaboutcookies.org.

Further information about our advertisers’ use of cookies can be found at:


How can I get further information?

If you have any questions about our use of cookies or other tracking technologies, please email us at privacy(at)asylum.ws or contact our Data Protection Officer at:

  • Asylum Corporation
  • ATTN: Data Protection
  • 5237 Summerlin Commons
  • Suite 400
  • Fort Myers, FL 33907
Data Request Policy

1. Privacy Policy. Please see the Asylum Web Services Privacy Policy for further information on what type of information Asylum Web Services collects, how it is used and when it may be disclosed. Subject to the Asylum Web Services Privacy Policy, this Data Request Policy describes the types of requests for data that Asylum Web Services may receive and how Asylum Web Services may respond to such requests.

2. Types of Requests. Asylum Web Services receives the following types of requests concerning customer data:
a. Data Requests. A data request is a request for information or documents relating to customer accounts in connection with official criminal investigations or other official legal proceedings. Except in limited emergency situations (see below), Asylum Web Services requires data requests to be made through formal U.S. legal process and procedures, and we respond to such requests as required by law. Examples of data requests include:

  • i. Subpoenas
  • ii. Court Orders
  • iii. Search Warrants
  • iv. Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States
  • v. Other forms of legal process such as Civil Investigative Demands

b. Preservation Requests. A preservation request asks Asylum Web Services to preserve customer account records in connection with official criminal investigations or other official legal proceedings. Preservation requests must include the following information:

  • i. Identification of the account(s) at issue (as further described in Section 4 below);
  • ii. Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead);
  • iii. Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that Asylum Web Services is being asked to retain; and
  • iv. A valid return email address and phone number.

c. Emergency Requests. An emergency request is only appropriate in cases involving imminent serious bodily harm or death. We respond to emergency requests when we believe in good faith that such harm may occur if we do not respond without delay.

3. Notice to Asylum Web Services Customers. The Asylum Web Services policy is to notify its customers of requests for their data unless Asylum Web Services is prohibited from doing so by statute or court order.

4. Information to Include in a Request. The following information must be included in a request for customer data:
a. First and last name of the customer and email address associated with the account; and
b. Domain name and/or IP address associated with the account.

Asylum Web Services may not be able to respond to a request without this information.
Additionally, Asylum Web Services reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to the pending litigation and the underlying subpoena.

5. Sending a Request to Asylum Web Services. Please use the following contact information to send a Request to Asylum Web Services at email legal(at)asylum.ws or mail:

  • Asylum Corporation
  • ATTN: Legal Department
  • 5237 Summerlin Commons
  • Suite 400
  • Fort Myers, FL 33907

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER. DUE TO THE VAGARIES OF THE INTERNET AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE, WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

6. Fees. Asylum Web Services may seek reimbursement for costs in responding to requests as provided by law and may charge additional fees for costs in responding to unusual or burdensome requests.

7. Available Information. Depending on the type of formal legal process provided, Asylum Web Services may be able to respond with one or more of the following types of data:
a. Non-Content. Asylum Web Services will produce non-content information such as basic subscriber information which may include the following subject to a valid request:

  • i. Name
  • ii. Email addresses
  • iii. Date and time of account creation
  • iv. Billing information
  • v. IP Logs

b. Content. Asylum Web Services will only produce customer content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.

Domain Policies

.APP and .DEV - SSL requirements

The HSTS Preload list added the .APP, .DEV and .PAGE namespace to its list. Second-level domains under these TLDs will only load on modern browsers if a valid SSL certificate is configured, and the web server is serving HTTPS.


Domain Name WHOIS Information Update

As of January 1st 2020

We will require complete WHOIS data for all gTLD domain name registrations. If you are sending us explicit contact information, you need to ensure the Registrant, Admin, and Tech fields are complete. If you rely on your default Billing data for new registrations, please ensure this data is complete.

In addition to requiring “complete” WHOIS data, ICANN has mandated that the address, telephone, and email address be properly formatted. Therefore, beginning January 1st, all Resellers must ensure they are sending this data in the proper format. RFCs defining the formatting options are here:

  • a. Validate that all email addresses are in the proper format according to RFC 5322 (or its successors).
  • b. Validate that telephone numbers are in the proper format according to the ITU-T E.164 notation for international telephone numbers (or its equivalents or successors).
  • c. Validate that postal addresses are in a proper format for the applicable country or territory as defined in Universal Postal Union (UPU) addressing format templates, the S42 address templates (as they may be updated) or other standard formats.

ICANN has requested that Registrars verify the Registrant email address associated with gTLD new domain name registrations.

  • a. Beginning January 1st, all gTLD new registrations processed through Asylum Corporation will be subject to email verification. Specifically, we will be focused on verifying the Registrant email address.
  • b. When a new domain registration is received, Asylum Corporation will send an email to the Registrant email address.
  • c. The email will inform the Registrant that they must verify their email address within 15 calendar days of the domain name registration.
  • d. If the link in the email is clicked, Asylum Corporation will consider the Registrant as verified (future registrations from this Registrant will not require further verification).
  • e. If the Registrant does not verify themselves within the 15 calendar day window, Asylum Corporation will overtake the DNS of the domain name and post a page on this site listing instructions on how the name can be verified and, as a result, the DNS returned to the previous settings (i.e. their site goes back online).
  • f. Once a Registrant contact has completed the verification process, all future new registrations using that same Registrant contact information will be considered verified and will not be subject to the verification process.

ICANN has mandated that Registrars also utilize the above verification process when a domain name Registrant edits their First Name, Last Name, or email address information.

  • a. Beginning January 1st, Asylum Corporation will utilize the verification procedure if an edit is made to the following Registrant fields:
  • 1. Registrant First Name
  • 2. Registrant Last name
  • 3. Registrant Email Address

  • b. Asylum Corporation will send an email to the Registrant new email address stating that we recognize they have modified their Registrant First Name, Last Name, or email address information and we are requesting they verify themselves by clicking on the link in the email.
  • c. If the link in the email is clicked, we will accept the Contact as verified. The Registrant is then considered “verified” and will require no further verification.
  • d. If the link is not clicked within 15 calendar days, then Asylum Corporation will overtake the DNS of the domain name associated with that specific Registrant contact. NOTE: In some cases, the Account Information on file will be used to populate the Registrant field. If the Account Information is modified and not verified within the 15 day verification window, then all domain names associated with this Contact will be be suspended.
  • e. Once a Registrant contact has completed the verification process, all future domain names that are updated to this same contact information will not be subject to the verification process.

Domain Name Services Privacy Notice Addendum

Information Collection

When you purchase Domain Registration services for top level domains (“TLDs”), as the domain registrar, we are required to collect the following personal information from you (collectively, “Personal Information”):

  • Registrant Name
  • Registrant Organization (where applicable)
  • Registrant Address
  • Registrant Email
  • Registrant Fax (where applicable)
  • Registrant Phone number
  • Administrative Contact
  • Administrative Contact Organization (where applicable)
  • Administrative Contact Address
  • Administrative Contact Email
  • Administrative Contact Fax (where applicable)
  • Administrative Contact Telephone Number
  • Technical Contact
  • Technical Contact Organization (where applicable)
  • Technical Contact Address
  • Technical Contact Email
  • Technical Contact Fax (where applicable)
  • Technical Contact Telephone Number
  • Billing Contact
  • Billing Contact Organization (where applicable)
  • Billing Contact Address
  • Billing Contact Email
  • Billing Contact Fax (where applicable)
  • Billing Contact Telephone Number

Our collection of Personal Information is necessary to comply with contractual obligations we have with the Internet Corporation for Assigned Names and Numbers (“ICANN”) and with certain TLD registries (“Registries”) so that you can validly register your domain name. In addition to Personal Information, our contracts with some Registries may require us to collect other personal information for the registration of a TLD such as certain professional affiliations, identification or other qualifiers (“Additional Personal Information”).

Disclosure of Information

Public Whois. Our contracts with ICANN and other Registries require us to make certain domain name information (“WHOIS Information”), available and accessible to the public through a WHOIS search as required by ICANN/Registry Policy (the “WHOIS Directory”). The WHOIS Directory is a publicly accessible database that lists WHOIS Information, including a particular domain name, the name server(s) to which the domain name points, and the domain name’s creation and expiration date. Except for EU/EEA natural persons (as described below), your Personal Information could be displayed on the WHOIS Directory.

EU/EEA natural persons. Notwithstanding the foregoing, pursuant to the European Union’s General Data Protection Regulation 2016/679, or GDPR, if you are a EU/EEA natural person (as defined by the GDPR), other than as specified in this addendum, our publication of WHOIS Information will not contain any Personal Information. Accordingly, we will not display Personal Information of a EU/EEA natural person in the WHOIS Directory.

Transfer Out. If you initiate a transfer out of a domain name away from us as the registrar of record, pursuant to our contract with ICANN, we may need to publish your registrant email address obtained from your Personal Information in the WHOIS Directory for a period of approximately five (5) calendar days. After this period and assuming a valid transfer has occurred, you would cease to be our customer for that domain name and your WHOIS Information would be managed by the gaining registrar.

Certain Registries. Registries are third party providers of TLDs that are independent of domain registrars. If required by contract with a particular Registry, we may be obligated, as a domain registrar of domains provided by the Registry, to provide Personal Information and Additional Personal Information to such Registry to successfully complete your domain name registration. If we provide your Personal Information and Additional Personal Information to a Registry, the Registry has its own obligation to comply with applicable data privacy laws.

Data Escrow. Our contract with ICANN requires us to deposit the Personal Information collected with a secure third-party escrow provider who acts solely as a holder of the data.

Permitted Disclosures. We may also disclose your Personal Information when required by the rules, regulations and policies of ICANN, including but not limited to the Uniform Domain-Name Dispute-Resolution Policy (UDRP).

Addendum for California Users

California Notices

The notices below apply to California residents and are in addition to the rights outlined in our Privacy Notice.


Notice of Right to Opt Out

If you are a California resident, to the extent that we sell your personal information to third parties, you have the right to opt-out of such sale. For example, you have the right to opt out if we receive valuable consideration for the disclosure of your personal information to a third party. However, you do not have the right to opt out if such disclosure is required to provide you with services you purchased from us. You can exercise your opt-out right at any time using the form below. Alternatively, you may contact us using the toll free phone number or ‘contact us’ link located on the homepage for the products or services you receive from us. If you are using an authorized agent, please note that you will be required to verify your identity and provide written confirmation that you have authorized the agent to make a request on your behalf.

If you’d like more information on our privacy practices, please review our full Privacy Policy.

Please note that this opt out right is currently available to California residents only. If you are not a California resident and have questions about how we use your data, please review our full Privacy Policy.


Notice at Collection

We collect personal information from you in the categories listed below in connection with the Services. We also disclose personal information in these categories for a business purpose as further discussed in our Privacy Policy.

  • ‣ Identifiers, such as your name, Internet Protocol address, email address, and other similar identifiers.
  • ‣ Payment information, such as your credit card number.
  • ‣ Commercial information, such as your transaction history.
  • ‣ Internet or other electronic network activity information, such as session logs, browser type and version, type of device you use, operating system version, device identifier and geographic location.
  • ‣ Inferences drawn from any of the above information to create a profile reflecting your preferences, characteristics and behavior.

Under the California Consumer Privacy Act (“CCPA”), personal information does not include:

  • ‣ Publicly available information from government records; or
  • ‣ De-identified or aggregated consumer information.

Other disclosures about your personal information

Our Privacy Policy covers additional disclosures about your personal information that the CCPA requires we provide to you. Please review our Privacy Policy to learn more about the sources from which we collect your personal information, the business or commercial purposes for which we collect your personal information, and the categories of third parties with whom we share your personal information.

If you’d like to review the rights available as a Californian, please review the description of your rights contained in our Privacy Policy. If you’d like to opt-out of the sale of personal information under the CCPA, please email the following information below to privacy(at)asylum.ws or open a support ticket with the following information:

  • 1. Are you making a privacy rights request?
  • A privacy rights request is a request to exercise rights related to your personal information. These requests are sometimes referred to as data subject access rights requests or individual rights requests. As stated above, the privacy rights available to you may vary depending on where you live or where you are currently located. If you would like to ask a privacy question or discuss a privacy concern, then simply state that it is not a rights request.
  • 2. Tell us about your request
  • Are you making this request for yourself or someone else?
  • If you are making the request for yourself we need the following:
  • First and last name, email address, phone number, your country of residence and address, and applicable company/service for which the request is intended.
  • If you are making the request for someone else, in additional to the above information, we also need the requestor's:
  • First and last name, email address, address, and provide documentation evidence that you have been authorized to submit this request on the behalf of this requestor. If a response is required, it will be sent to the customer's email on file, unless there is a legal instrument that instructs us otherwise.