Terms of Service

Welcome to Tridalwave!

Please read these Terms of Service (“Terms”), which set forth the legally binding terms and conditions between you and Tridalwave LLC (“Tridalwave” or the “Company”). It governs your access to and the use of the website (“Site”) and services (the “Service”).

Our collection and use of personal information in connection with your access to and use of the Service is described in our Privacy Policy.

Acceptance of Terms

Your access to the use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service (collectively referred to as “Users”) and all applicable laws and all conditions or policies referenced here. The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference, including operating rules, policies, and procedures of third-party services providers to the Site that are referenced herein. These Terms apply to every user of the Service. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Additional Policies and Agreements

The use of our Services is also determined by the following policies, which are included by reference. By using our Services, you also agree to the terms of the other policies listed on the terms and policies menu.

Additional terms may also apply to certain Services and are combined by reference as applicable in these Terms.

The use of our Services is also determined by the following policies, which are included by reference:

• Privacy Policy
• Refund Policy

By using our Services, you also agree to the terms of the other policies that may be listed subsequently on the terms and policies menu on our Site.

User Agreement

Agreeing to Tridalwave's Acceptable Use Policy and Terms of Service is mandatory for using our services and this guides the usage of these services.

During the term of its agreement with Tridalwave, the User must ensure that the use of any resource offered to the User or owned or controlled by Tridalwave ("Service") conforms with Tridalwave's current Acceptable Use Policy ("AUP"). Tridalwave may modify, without prior notice, the AUP as Tridalwave deems appropriate; such modified AUP is effective upon posting on Tridalwave's website.

If any of these is infringed, we reserve the right to suspend such violating websites without prior notice.

We don't allow “high-yield investment programs” (HYIP) websites (Ponzi). This is as well as sites relating to extreme money-making, gambling, e-gold doublers, etc.

The Company reserves the right, at its sole discretion, to modify or replace these Terms from time to time by posting the updated terms on the Site. It is your responsibility to check the Terms periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Site and the Service. Your continued use of the Service following the posting of any changes to the Terms of Use will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. The Company may also impose limits on certain features and Services or restrict your access to parts of or the entire Site without notice or liability.

Account

In order to initiate and commence the use of our Services, all Users must register an account (“Account”).

All Users, whether registering an account as an individual or a company shall be required to include the names of natural persons in the first and last name column.

If you are registering an Account for a company or other legal entity, you must include the name of a natural person as well as the name of the company you represent. You represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

You must provide accurate, current, and complete information during the registration process and always keep your Account profile page information up-to-date.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are liable for any and all activities conducted through your Account unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

We will set up your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. You can make payment through any of our online payment options. If you choose to make payment via cash deposit, we will request additional KYC information for security reasons before activating the service you paid for. Please note that this KYC process will only be done per client account.

It is your responsibility to provide us with an email address that is not a webmail account @ the domain(s) (e.g. [email protected]) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Tridalwave, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) are correct and up-to-date. Tridalwave is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our support team via email at [email protected]. Providing false contact information of any kind may result in the termination of your account.

You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host with/without notice and without a refund.

Representations and Warranties

Representations and warranties are statements and promises made by you to the Company, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services;

1. You are over the age of 18 years.
2. You are of sound mind and have the capacity to enter into a legally binding contract and these Terms.
3. All personal information that you provide about yourself is accurate and true to the best of your knowledge.
4. You hold a bank account with a licensed financial institution in your own name and will use this account to transfer money to our account when you conduct transactions on the Site.
5. If you are registering or accepting these Terms on behalf of a legal entity such as a company, trust, or partnership, you are legally authorized to do so and we may request evidence of such legal authorization (by way of a copy of any document which shows the valid and subsisting authorization); and
6. You are not breaching any laws or regulations that are applicable to you or any company, trust, or partnership upon whose instructions you are acting.
7. You are the owner of, and responsible for all content or information residing on, obtained, or transmitted via, the Service, regardless of whether such use is by the Customer.

Domain Name Registration

Before purchasing a domain name on our Site, you are required to ensure that the domain name does not infringe on any domain name, trademark, or tradename of a third party.

Any domain name and trademark dispute regarding your domain name will be resolved in accordance with our Trademark/Copyright Infringement Policy.

Where applicable, all domain names purchased on our Site shall be subject to our Domain Name Policy for .NG Domain Names, Non .NG Domain Registration Agreement for gTLDs, .NG Domain Names Agreement and Domain Name Deletion and Auto renewal Policy.

Tranfers From Other Providers

Upon your request, our transfer team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. Whilst we will endeavour to assist with the transfer, in some cases, we may be unable to assist you in the transfer of data from an old host.

The free transfer services are available for 30 days from your signup date. Transfers outside of the 30-day free period will incur a charge; please contact us at [email protected] with specific details to receive a price quote.

Transfer of Registered Accounts and Websites

In order to access the account of any of our registered clients or have the account transferred to you or another registrar, we will require you to establish your relationship with our registered client. When you have established your relationship with our registered client, we will notify the registered client of your request. Upon receiving the written consent of the registered client to transfer the account to you and upon receiving a signed indemnity letter from you, we will transfer the website to you or your preferred registrar.

Where you claim that your website was developed by any of our registered clients, we will require the registered client's written consent to transfer the website either to you or another registrar.

Where you claim that the registered client is dead, we will require you to provide us with the registered client's death certificate. Upon providing us with the death certificate, you will need to sign a letter of undertaking and indemnity and depose to an affidavit stating that they are assuming responsibility for the account and would indemnify Tridalwave from all liability.

Prohibited Activities

Users shall not utilize the Site or the Services in connection with any transaction that is illegal or involves any illegal items or is for any illegal purpose.

Tridalwave, in its sole discretion, may refuse to complete any transaction that Tridalwave has reason to believe is unauthorized or may violate any law, rule, or regulation.

In addition, if any transaction cannot be completed for any reason, including cancellation by Tridalwave, Tridalwave will notify each User in such transaction by e-mail, to the e-mail address each has provided on the Site.

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Site, you will not and will not assist or enable others to:

1. Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms.
2. Use the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership, or otherwise misleads others as to your affiliation with Tridalwave.
3. Copy, store, or otherwise access or use any information, including personally identifiable information about any other User, contained on the Site in any way that is inconsistent with Tridalwave’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties.
4. Use the Site in connection with the distribution of unsolicited commercial messages ("spam").
5. Use the Site with the intention to circumvent any Service Fees or for any other reason.
6. Use the Site to host cryptocurrency miners, cryptocurrency exchanges, or websites that use illegal or deceptive marketing practices; cryptocurrency wallets, cryptocurrency trading platforms.
7. Use the Site to host or link a website that is intended to deceive the public including, but not limited to sites listed at aa419.org & escrow-fraud.com
8. Use the Site to host or promote High-Yield Interest Programs (HYIP) or Related Sites or Investment Sites such as FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme.
9. Request, accept, or make any payment for Property outside of the Site. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Tridalwave harmless from any liability for such payment.
10. Discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behaviour.
11. Use, display, mirror, or frame the Tridalwave platform or Collective Content, or any individual element within the Tridalwave platform, Tridalwave’s name, any Tridalwave’s trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Tridalwave platform, without Tridalwave’s express written consent.
12. Dilute, tarnish or otherwise harm the Tridalwave brand in any way, including through unauthorized use of Collective Content, registering and/or using Tridalwave or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Tridalwave domains, trademarks, taglines, promotional campaigns or Collective Content.
13. Use any robots, spider, crawler, scraper, or other automated means or processes to access, collect data or other content from or otherwise interact with the Tridalwave platform for any purpose.
14. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Tridalwave or any of Tridalwave’s providers or any other third party to protect the Tridalwave platform.
15. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Tridalwave platform.
16. Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Tridalwave platform.
17. Violate or infringe anyone else’s rights or otherwise cause harm to anyone.

You acknowledge that Tridalwave has no obligation to monitor the access to or use of the Site by any User or to review, disable access to, or edit any User Content, but has the right to do so to;

1. Operate, secure, and improve the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes)
2. Ensure Users’ compliance with these Terms.
3. Comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body.
4. Respond to User Content that it determines is harmful or objectionable.
5. or as otherwise set forth in these Terms.

Users agree to cooperate with and assist Tridalwave in good faith and to provide Tridalwave with such information and take such actions as may be reasonably requested by Tridalwave with respect to any investigation undertaken by Tridalwave or a representative of Tridalwave regarding the use or abuse of the Tridalwave platform.

If you feel that any User you interact with, whether online or in-person, is acting or has acted inappropriately, including but not limited to any one who (i) engages in offensive, violent, or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Tridalwave by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

The use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all hosting servers (Web, Reseller, or Owned) include:

1. Topsites
2. IRC Scripts/Bots
3. Proxy Scripts/Anonymizers
4. Pirated Software/Warez
5. Image Hosting Scripts (similar to Photobucket or Tinypic)
6. AutoSurf/PTC/PTS/PPC sites
7. IP Scanners
8. Bruteforce Programs/Scripts/Applications
9. Mail Bombers/Spam Scripts
10. Banner-Ad services (commercial banner ad rotation)
11. File Dump/Mirror Scripts (similar to RapidShare)
12. Commercial Audio Streaming (more than one or two streams)
13. Escrow/Bank Debentures
14. High-Yield Interest Programs (HYIP) or Related Sites
15. Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
16. Hosting cryptocurrency miners, exchanges, or websites that use illegal or deceptive marketing practices; cryptocurrency wallets, apps;
17. Sale of any controlled substance without prior proof of appropriate permit(s)
18. Prime Banks Programs
19. Lottery/Gambling Sites
20. MUDs/RPGs/PBBGs
21. Hacker focused sites/archives/programs
22. Sites promoting illegal activities
23. Forums and/or websites that distribute or link to warez/pirated/illegal content for which you don't hold usage or distribution rights
24. Bank Debentures/Bank Debenture Trading Programs
25. Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) and activities of any kind.
26. Mailer Pro
27. Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
28. Tell A Friend Scripts
29. Torrent software

Tridalwave services, including all related equipment, networks, and network devices are provided only for authorized customer use. Tridalwave systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of Tridalwave system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third-party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Tridalwave may, at its discretion, request and require documentation to prove access to a third-party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Any violation as stated above may result in the suspension or termination of your services with or without notice. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero-tolerance stance against sending unsolicited e-mails, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice

Payment Information

You agree to supply appropriate payment for the services received from Tridalwave, in advance of the time period during which such services are provided. You agree that until and unless you notify Tridalwave of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of Tridalwave, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree that until and unless you notify Tridalwave of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis unless otherwise stated in writing by Tridalwave.

It is the customer's responsibility to notify our billing team via email at [email protected]. after paying for a product/service renewal and to ensure the email is received and acted upon. Product/service renewal notices and invoices are provided as a courtesy reminder and Tridalwave cannot be held responsible for failure to renew a product/service or failure to notify a customer about a product/service renewal.

You agree that Tridalwave may seek all lawful means in order to retrieve payment, including but not limited to, immediate suspension or termination, without notice to You, of any domain names or Services, registered or renewed by you or on Your behalf, should Tridalwave be unable to charge your payment method for the full amount owed for the domain or Services provided, or if We receive notice of a chargeback, reversal, payment dispute, or are charged a penalty for any fee previously charged to you for a domain or a service. You also agree that all access and privilege in and use of any domains, services, content, and/or products purchased through Tridalwave, including all data hosted on our systems, shall be taken control of in satisfaction of any liability by You to Tridalwave. We will only restore Your access to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s).

No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.

Tridalwave reserves the right to change any product/service fee and any other charges at any time.

Backups and Data Loss

Your use of this service is at your sole risk. Tridalwave 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 backups of files and data stored on Tridalwave servers. You may refer to our backup policy for more information about backups.