LeaseIPx Universal Terms of Services
- This Universal Terms of Services Agreement (this “Agreement”, “TOS”) is entered into by and between LeaseIPx whose registered address 16192 Coastal Highway, County of Sussex, Lewes, Delaware 19958 USA (“LeaseIPx”) and You, and is made effective as of the starting date of Your use of this marketplace (“Platform”) or the date of the electronic acceptance of this Agreement.
- This Agreement describes the terms and conditions that apply to Your use of the Platform and the products and services available through the Platform (individually and collectively, the “Services”).
- Your use of the Platform and Your electronic acceptance of this Agreement indicates that You have read, understood, acknowledged, and agreed to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by references. This applies whether You are just browsing the Platform or are purchasing Services. All references in this Agreement to the “Lease”, “Lessee”, and “IP Numbers” shall be deemed to refer to the definitions of those terms set forth in the LeaseIPx Platform Terms of Services.
- We, Us, and Our refer to LeaseIPx. Anyone who accepts this Agreement, has access to Your account, or utilises the Services is referred to as “You,” “Your,” “User,” or “Customer.”
- No third party shall have any rights or benefits under this Agreement.
- LeaseIPx reserves the right to make any changes or modifications to this Agreement and any rules or agreements which are incorporated herein at any time, and such changes or modifications shall be effective immediately upon posting to this Platform, in LeaseIPx’s sole and absolute discretion. At least 30 (thirty) days before any revisions to this Agreement, any policy, or any other agreement are set to go into effect, LeaseIPx will notify you of the changes (Effective date). Email, the Account, or any other method permitted by the Agreement may be used to provide notice of any such modifications. You may give LeaseIPx early notice that You desire to terminate this Agreement, any policy, or any other agreement at any time within the advance notice period if You do not agree with the proposed updated version of this Agreement, any policy, or any other agreement. We will stop delivering the Services under the terminated Agreement, policy, or other agreement as of the Effective date of the termination. If You do not contact Us to advise Us of Your objections to the Changes during the Notice Period, then You will be deemed to have accepted the Changes, and they will become effective on the Effective Date.
- If you continue to use the Platform or the Services after those changes or modifications have been implemented, you will be deemed to have accepted the updated terms of this Agreement. Do not use (or continue to use) this Platform or Services if You do not agree to be bound by this Agreement as last revised. Additionally, LeaseIPx may occasionally notify You through email or through the Account of updates or amendments to this Agreement.
- You must keep the contact details associated with Your account (“Account”) (including postal and telephonic ones) accurate at all times. You agree that LeaseIPx will have no responsibility or liability for Your failure to receive a notification if that failure is attributable, in whole or in part, to inaccurate information given by You.
- Eligibility; Authority
- Users of this Platform and the Services are limited to those who can make legally enforceable contracts under the laws in their jurisdiction of residence. You hereby represent and warrant that (i) you are at least eighteen (18) years of age or (ii) you are otherwise legally capable of forming binding contracts under applicable law.
- If You are entering into this Agreement on behalf of a corporation, partnership, limited liability company, or other legal entity, then You represent and warrant that You have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement and that the terms “You”, “Your”, “User”, or “Customer” shall refer to such corporate entity. In the event that LeaseIPx determines after Your electronic acceptance of this Agreement that You do not have the legal authority to bind such corporate entity, including, without limitation, the payment and penalty obligations contained herein, You will be personally responsible for the obligations contained herein.
- LeaseIPx’s reliance on any instruction, notice, document, or communication that LeaseIPx reasonably believes to be authentic and originating from an authorised representative of Your business shall not subject LeaseIPx to liability for any loss or harm.
- LeaseIPx maintains the right (but assumes no obligation) to request additional authentication from You regarding the validity of any such instruction, notice, document, or communication if LeaseIPx has any reasonable question regarding the legitimacy thereof.
- You additionally agree that You, anyone acting as Your agent, and anyone using Your Account or the Services, whether or not permitted by You, are all bound by the provisions of this Agreement. Your additions to the group’s membership will be accorded the same privileges and eligibility as those of the group’s original creator.
C. Accounts; Transfer of data abroad
- You must register for an Account and submit required papers (know your customer information and a statement of your use of the Platform) before you may access certain features or use certain Services on this Platform.
- You warrant and represent to LeaseIPx that:
2.1When creating Your Account, any information you provide is true, current, and complete, and
2.2 You promise that the information you provide in creating Your Account is true, complete, and up-to-date, and,
2.3 You have control over the primary email address associated with the Account.
2.4 Your Account is personal to you and you will not sell, assign, or otherwise transfer it to anyone else
- LeaseIPx maintains the right, in its sole and absolute discretion, to suspend or terminate Your Account if it has reasonable grounds to suspect that the information associated with Your Account is incorrect, inaccurate, out of date, or incomplete.
- All activity that occurs under Your Account will be exclusively your responsibility (to Us and others). If you create numerous accounts with the intent of circumventing controls or engaging in unlawful activity, we have the right to immediately suspend your access to the Services. Should We determine, in Our Sole Discretion, that You have violated any term or condition of these Terms of Service, including the Acceptable Use Policy, We may immediately and permanently disable Your Account.
- Whether or not you authorise an action on your Account, you are fully responsible for any and all activity that occurs under your Account and you must take all necessary precautions to protect your Account information, including but not limited to your customer number/login, password, and Payment Method(s) (as defined below).
- If you suspect a security breach or unauthorised use of Your Account, you must inform LeaseIPx immediately.
- If your LeaseIPx account is compromised, LeaseIPx is not responsible for any resulting damages. However, you may be held responsible for any damages You, an Authorised User, or an Unauthorised User cause to LeaseIPx or others through Your Account.
- Accessing this Platform from outside the country in which our servers are located may result in the transfer of information (including information about Your Account) over international boundaries within the course of normal communication between You and us. You agree to such transfers by using this Platform and engaging with us online.
- In addition, LeaseIPx may use Your Account to send You periodic updates regarding any changes or amendments made to this Agreement, any policy, or any agreement. So, please make it a habit to check Your Account and your notifications several times a week.
- After signing in to your Account, you’ll be able to select and order individual Services from LeaseIPx. Please note that the completion of a separate Services agreement or/and annex is required before You can access some of Our Services.
D. Availability of platform services
- We will use commercially reasonable efforts to make this Platform and the Services available twenty-four (24) hours a day, seven (7) days a week, subject to the terms and conditions of this Agreement and Our other policies and procedures.
- You agree that this Platform may be inaccessible or inoperable from time to time for any reason, including but not limited to equipment malfunctions; periodic maintenance, repairs, or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable, including but not limited to interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congesting, or similar events.
- You understand and agree that we cannot guarantee the continued or uninterrupted availability of this Platform or the Services, and that we have no responsibility or liability to You or any other party in this regard.
Your use of the Services constitutes an agreement to indemnify, defend, and hold harmless LeaseIPx and its officers, directors, employees, agents, and third party providers of the Services from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by LeaseIPx directly or indirectly as a result of your use of the Services:
- Your participation in and use of this Platform and any associated Services;
- Infringement by you of any term, condition, or provision of this Agreement or any policy or agreement included herein; and/or
- Your infringement upon the rights of others, especially those pertaining to their intellectual property or other forms of private interest. This section’s indemnification obligations shall survive the expiration or termination of this Agreement and Your use of this Platform and the Services available on this Platform.
G. Suspension and termination
- In the event of a willful or negligent breach of the Agreement by the User, LeaseIPx may suspend or cancel the Services.
- LeaseIPx may choose not to notify the User before suspending service. LeaseIPx may, however, attempt to contact the User before suspending access in an effort to halt and prevent any additional inappropriate activities from the User or third parties using the User’s resources.
- After getting a notification from LeaseIPx, the User is expected to act promptly. LeaseIPx may set a deadline by which the User must bring themselves back into compliance with this Agreement or any other Agreement, Policy, or Annex that is incorporated by reference.
- Either LeaseIPx or the User may terminate service at any time in accordance with the terms outlined in the LeaseIPx Platform Terms of Service. LeaseIPx, however, is unable to terminate the Service on the customer’s behalf.
- LeaseIPx reserves the right to immediately cancel Service, with or without prior notice, in circumstances where the Service was used maliciously to cause damage to any property in any way, or when payment is past due. The User’s right to a refund is revoked if he or she acts willfully to cause any kind of property harm.
- If a User commits a violation of the Acceptable Use Policy or engages in any other illegal activity, the Services will be promptly cancelled.
- Lessee is solely responsible for stopping the announcement of the IP Numbers following the termination or suspension of Services; therefore, Lessee will be held responsible for these actions, which will be deemed as hijacking, if Lessee continues to announce IP Numbers following the termination or suspension of Services. In the event of such a violation, LeaseIPx may decide to (a) prevent Lessee from receiving any further IP reassignments; (b) charge an abuse management fee; or (c) require User to compensate the IP Holder for the IP resources that were inappropriately used.
Any communication with a party hereunder must be in writing and sent by email or regular mail. Notice to You shall be deemed given when we make general announcements within the Services on changes to the TOS, the Services, or other items of significance. Send an email to [email protected] to get in touch with us.
J. License and platform access
You are granted a limited licence to access and make personal use of the Services, but not to download (other than page caching) or alter the Services in any way (unless with Our express written consent). This agreement does not allow for the downloading or copying of account information for the benefit of another user, any data mining, robots, or similar data gathering and extraction methods, or the resale or commercial exploitation of the Services or its contents. Without our prior written permission, you may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit any portion of the Services (including any material within) for any commercial purpose.
K. Links to third-party sites
- LeaseIPx does not own or operate the websites that may be linked to from this Platform or the Services provided on this Platform.
- LeaseIPx is not accountable for the information found on any external websites or for their policies regarding user privacy. Also, LeaseIPx does not alter or obfuscate the information found on external websites.
- Your use of this Platform and the Services offered here exempts LeaseIPx from any and all responsibility for any harm that might come from Your use of any other website. LeaseIPx advises you to be mindful when you are leaving the Platform or the Services found on the Platform and to read the terms and conditions, privacy policies, and other governing documents of any website that You may access.
- User conduct
- All information sent over the Services, including information sent via Your account, is your own responsibility. All local, state, national, and international statutes, rules, and regulations that apply to you personally shall also apply to your use of the Services.
- You agree: (1)must observe all applicable U.S. and foreign laws concerning the export of any technical or other data from Your country using the Services; (2) not to use the Service to commit a crime; (3) not to tamper with or disrupt systems that are used to provide the Services; and (4) to follow all rules, policies, and procedures of networks used to access the Services.
- The Services rely on the Internet to transmit and receive some types of data; as a result, Your actions must comply with the rules, policies, and regulations that govern the use of the Internet. You agree not to use the Services for sending unsolicited mass mailings (such as chain letters, spam, or mailing lists) to people who have not provided their prior consent to be included in such mailings.
- You may not use the Services to distribute or otherwise make available any content or language that is illegal, harassing, defamatory, abusive, threatening, or hurtful in any way. In addition, you pledge not to send anything that could be used as criminal evidence, cause civil responsibility, or violate any local, state, national, or international law or regulation. Unauthorised attempts to access other networks are strictly forbidden.
- You must not hinder another individual’s or company’s ability to make full use of, or pleasure in, the Services.
- After receiving complaints from other users, we may investigate the complainant by viewing their account activity, including private messages, account details, and order pages. If Your actions do not comply with the TOS, We reserve the right to promptly terminate Your Account, if any, at Our sole discretion. Accounts may be terminated immediately for any number of reasons, including but not limited to: providing false information in an attempt to evade Platform rules; repeat or substantial violations of RIR policies or regulations; creating new accounts after the original account has been banned; engaging in private sales of IP Numbers in an attempt to avoid paying Platform fees; etc.
M. Disclaimer of warranties
YOU FULLY AGREE AND UNDERSTAND THAT:
(A) ANY AND ALL RISKS ASSOCIATED WITH USING THE SERVICES ARE ASSUMED SOLELY BY YOU. ALL SERVICES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE SPECIFICALLY RULE OUT ANY AND ALL EXPRESS OR IMPLIED GUARANTEES, SUCH AS THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT (i) THIS MEANS THAT WE CAN’T PROMISE THAT (I)THE SERVICES WILL BE JUST WHAT YOU NEED, (II)THE SERVICES WILL ALWAYS BE AVAILABLE WHEN YOU NEED THEM, (III)THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV)THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL LIVE UP TO YOUR EXPECTATIONS, AND (V)ANY ERRORS IN THE SOFTWARE WILL BE FIXED.
(c) NO ORAL OR WRITTEN ADVICE OR INFORMATION, WHETHER RECEIVED FROM US OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
(d) NOTHING IN THE SERVICES, INCLUDING USER-GENERATED CONTENT, IS ENDORSED OR APPROVED BY US IN ANY WAY.
N. Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) USAGE OF OR INABILITY TO USE THE SERVICES; (II) DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AS A RESULT THEREOF. (III) COMPROMISE OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY UNAUTHORISED PARTIES; (IV) CONDUCT OR STATEMENTS MADE BY THIRD PARTIES USING THE SERVICES; OR (V) OR ANY OTHER ISSUE CONCERNING THE SERVICES.
To report violations of the TOS, please email us at [email protected]. To expedite the processing of Your report, please include as many details as possible about the violation
P. Fees and payments
- You agree that LeaseIPx, located at 16192 Coastal Highway, County of Sussex, Lewes, Delaware 19958 USA, is authorised to charge and process payments made by You using the provided Payment Method.
- When ordering Services from this Platform, you agree to pay the full price listed, including all applicable taxes and fees.
- The Services will be permanently cancelled the day after payment is past due, and LeaseIPx will not be held liable for any interruptions in service that may occur as a result.
- Through the use of the Services, you can add money to a revolving credit line associated with Your Account; this line of credit is referred to as Your Credit Balance. While Your Credit Balance can be used to pay for any Service available on the Platform, it cannot be redeemed for cash.
- Except as otherwise provided in the LeaseIPx Platform Terms of Services, you will not get a refund if you cancel, terminate, or transfer Your Services before the end of the Services term.
- LeaseIPx maintains the right, at its sole discretion, to change or modify its prices and fees at any time, and any such changes or modifications shall be effective immediately upon posting on this Platform.
- Prices and costs are subject to vary at the time of renewal of the Services, as further specified below, if You have purchased or got the Services for a period of months or years.
- Unless otherwise specified in a product-specific agreement, the following methods of payment (“Payment Methods”) may be used by you to pay for Services: You may make a payment to LeaseIPx (each, a “Payment Method”) (i)using a valid credit card, (ii)using Your Credit balance, (iii)using PayPal (as defined below), or (iv)using any other payment method acceptable to LeaseIPx.
- When a User adds his LeaseIPx Payment Method on the Portal, he authorises LeaseIPx to conduct automated payments from his LeaseIPx Account. In most cases, you’ll be charged at the beginning of the Service term for which you’ve signed up. Users are responsible for adding, editing, and deleting Payment Methods from the Portal.
- Your Account’s registered email address will get an order confirmation. If You have any active Services in Your Account, the Payment Method on file must be kept current. A refund will not be issued for services purchased using an unconfirmed Account.
- You understand and agree that LeaseIPx has no control over the timing of the refund being credited to the available balance of Your Payment Method and that a refund receipt issued by LeaseIPx is merely confirmation that LeaseIPx has submitted Your refund to the Payment Method charged at the time of the original sale.
- You further understand and agree that the timeframes for posting Your reimbursement are established and regulated by the payment provider and/or individual issuing bank associated with Your Payment Method, and that such timeframes may range from five (5)business days to a complete billing cycle, or longer.
- LeaseIPx, in its sole and absolute discretion, reserves the right to issue a refund in the form of a store credit if the payment provider, payment processor, or individual issuing bank associated with Your Payment Method imposes any limitations on refunds, including but not limited to limitations as to the timing of the refund or the number of refunds allowed.
- Even if no restrictions on refunds are imposed by the Payment Method, LeaseIPx reserves the right, but is not obligated, to issue a shop credit to Customers seeking refunds.
- LeaseIPx reserves the right to issue a refund in the form of a shop credit in its sole discretion and refuses to honour refund requests made by customers.
- LeaseIPx does not promise to either request or receive updated credit card details.
- Changing and maintaining your Account settings is entirely your responsibility, which you now accept and agree to.
- You further understand that if You do not comply with this provision, Services may be interrupted or lost, and LeaseIPx shall not be liable to You or any third party for such an occurrence.
- You agree that LeaseIPx may pursue all available lawful remedies in order to obtain payment, including but not limited to immediate cancellation, without notice to You, of any Services registered with Your Payment Method if LeaseIPx is unable to charge Your Payment Method for the full amount owed for the Services provided or if LeaseIPx receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to Your Payment Method.
- IP LESSEE agrees that LeaseIPx may assess reasonable costs for administrative, processing, abuse management, cancellation, and penalty charges related to:
20.1. actions that LeaseIPx may take on that aren’t typically part of their Services,
20.2. LeaseIPx may need to spend more time and money offering its Services, and/or;
20.3. If you violate the Acceptable Use Policy or this Agreement, you will be held responsible for any damages that result (as determined by LeaseIPx in its sole and absolute discretion).
- Cases where an organisation might charge a processing or administrative fee include, but are not limited to:
21.1. problems with customers that need more of your time or attention;
21.2.collecting from You, Your bank, or Payment Method processor any and all costs and fees (including the price of Services) incurred by LeaseIPx as a result of chargebacks or other payment disputes initiated by You.
21.3. Expenses that come up as a result of managing or processing complaints about suspected violations of the Acceptable Use Policy.
- You will be charged using the Payment Method already on file with LeaseIPx for any administrative or processing costs.
- All transactions made on our Platform will be processed in US dollars, as are all prices displayed there.
- Foreign currency rates, taxes, and fees applied by Your bank or Your credit card issuer may increase or decrease the total amount owed for payments submitted with a credit card issued outside of the United States. All taxes and fees related to purchases made by You on the Platform are your exclusive responsibility.
- You further understand and agree that Your bank and/or the nation listed in Your billing address section may impose Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other locally based fees and/or taxes.
- LeaseIPx does not condone any dishonesty in connection with the purchase of Services. The Services will be immediately discontinued and the User will be reported to the appropriate authorities if any illegal activity is detected.
Pay by PayPal
- LeaseIPx accepts payments through PayPal (“PayPal”) for your convenience when purchasing Services. You authorise PayPal to deduct the whole purchase price from the PayPal account (“PayPal Account”) or from the connected credit card(s), bank account(s), or other permitted payment method(s) linked to your PayPal Account (“PayPal Funding Source”) at the time of purchase.
- You must have a valid credit card as your PayPal Funding Source and keep your PayPal Account up to date and financed at all times.
- You acknowledge and agree that (i) PayPal has the right to refuse or cancel any transaction for any reason, including but not limited to insufficient money in your PayPal account or the inability to process the payment due to the inaccessibility of your PayPal account or funding source and (ii) Neither PayPal nor LeaseIPx shall have any responsibility or liability to you or any other party in such a case.
- You agree that PayPal and LeaseIPx may use any legal means necessary to get paid if PayPal is unable to withdraw the full purchase amount from your account.
- You authorise PayPal to deduct USD 20 (or the maximum amount permitted by law) from your PayPal Account or PayPal Funding Source if the transaction is returned unpaid.
- By checking the box labelled “I agree” to the PayPal terms, you consent to have the whole purchase price automatically deducted from the PayPal Account or PayPal Funding Source you specify.
Chargebacks, reversals and retrievals
- It is not permissible to issue a refund through a chargeback.
- Rather than issuing a chargeback or opening a transaction dispute, refunds must be obtained in accordance with the refund terms.
- Any and all disputes and/or chargebacks will be treated as potential payment fraud and will be thoroughly investigated.
- In order to contest the chargeback or other payment issue, LeaseIPx will use any and all information available, including the User’s Account profile, login history data, and communications between the two parties.
- LeaseIPx reserves the right, without prior warning, to immediately suspend any and all Services associated with a User’s Account if we receive a chargeback or payment dispute from a Credit Card company, bank, PayPal, or any other payment gateway.
- The User agrees to pay an administration fee in the amount of USD 20 for any chargeback or other recovery of a transaction that occurs.
- The User must ensure that all chargebacks, reversals, and/or retrievals are withdrawn in order for the Services, which were suspended as a result of these actions, to be restored. In addition, the User is responsible for making up for any financial disparity brought on by chargebacks, reversals, and/or retrievals before the Services are reinstated.
Q. Titles and headings; Independent covenants; Severability
- Titles and headers used in this Agreement are for reference purposes only and shall not be used in construing or interpreting the parties’ agreement unless expressly provided otherwise herein.
- Each representation, warranty, and agreement contained in this Agreement must be treated as a separate and distinct representation, warranty, and agreement for all reasons.
- In the event that any provision of this Agreement (or portion thereof) is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions (or portions thereof) shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
R. Contact information
We can be reached through email or conventional mail at the below address if You have any issues regarding this Agreement:
16192 Coastal Highway, County of Sussex, Lewes, Delaware 19958 USA
Appendix A to universal terms of service agreement
LeaseIPx platform terms of service
- Commencement Date: Date on which lease period begins;
- Commissions: costs associated with leasing IP address from LeaseIPx, including commissions added on top of the IP HOLDER-determined price;
- Expiration date: date after which the IP Address Listing will be discontinued;
- Initial Period: Minimum initial duration of 12 (twelve) months;
- IP HOLDER: Those who have been given allocation rights in and to the IP Numbers (as described below) and have agreed to licence the use of the IP Numbers to the IP LESSEE on the terms set out in this policy;
- IP LESSEE: A third party with which the IP HOLDER has contracted to sub-assign (or lease) the IP Numbers;
- IP: Internet Protocol Version 4 address space;
- IP Numbers: the series of IP addresses listed in the Order/Listing Form;
- Lease:Contractual agreement for the provision of Services for an established duration;
- Listing: IP Addresses that have been submitted by the IP HOLDER, validated by LeaseIPx, and are now available for Lease on the PLATFORM;
- Listing Form –the IP HOLDER’s completed form that specifies the IP Addresses and Terms & Conditions for inclusion on the PLATFORM;
- Order Form – IP LESSEE’s completed order form specifying the IP addresses to be assigned;
- Payouts: fees associated with leasing IP addresses, as owed to the IP HOLDER (excluding Commissions);
- PLATFORM: LeaseIPx’s IP address space leasing PLATFORM is a proprietary system.
- Policy: This Agreement, which incorporates the PLATFORM Terms of Service and any and all other supplemental and appendix agreements, is the “Universal Terms of Service Agreement”;
- Reassignment Initiation – When an IP LESSEE initiates the process of validating IP Numbers for usage on their network, the validation objects are created.
- Renewal Period: each time the Listing is extended past its expiration date.
- RIRs: any of the worldwide organisations responsible for allocating and registering IP addresses for use on the Internet at the regional level, such as but not limited to:
- African Network Information Centre (AfriNIC) for Africa;
- Réseaux IP Européens Network Coordination Centre (RIPE NCC) for Europe, Russia, the Middle East, and Central Asia
- Latin America and Caribbean Network Information Centre (LACNIC) for Latin America and parts of the Caribbean region, and;
- Asia-Pacific Network Information Centre (APNIC) for Asia, Australia, New Zealand, and neighbouring countries;
- American Registry for Internet Numbers (ARIN) for the United States, Canada, several parts of the Caribbean region, and Antarctica;
- Spam: The sending of any email message where the recipient has not granted verifiable, explicit, and still-revocable consent or permission for the message to be sent, including without limitation (a) an email message where (i) the email could be important to a large group of people regardless of who receives it, therefore the recipient’s name and background don’t matter, and(ii) the sender does not have the recipient’s verifiable, explicit, and revocable permission to send the email message; or (b) an email that Spamhaus classifies as spam; or (c) any email that, if the United States’ Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 were applied to the sender of the email, would be considered to be in violation of any provisions of that Act. A synonym for Spam
- Spamhaus: The Spamhaus Project Ltd.;
- Unacceptable Use: Distributing (i) Spam; or (ii) Bulk Email; or (iii) any other network activity creating a large or abnormal burden on any network, including, without limitation, using, uploading, posting, publishing, transmitting, modifying, reproducing, broadcasting, disseminating or otherwise distributing or making available a Virus or any other feature, programme or code which may be intentionally or unintentionally harmful or destructive or limiting or debilitating in any way; impeding the ability of any third party to send or to retrieve information through generating large levels of traffic; or (iv) disrupting any backbone network nodes or network service, or otherwise restricting, inhibiting, disrupting or impeding the ability to monitor or deliver any goods or services, any transmissions or data; or (v) hacking; or (vi) interfering with computer networking or telecommunications service to or from any Internet IP LESSEE, host, provider or network, including, without limitation, denying service attacks, overloading a service, improperly seizing or abusing operator privileges or attempting to crash a host and other illegal activities, included, but not limited to those described in AUP.
- Validation objects: things made in RIRs that are required to add IP addresses to the PLATFORM.
B. Description of services
- LeaseIPx enables IP HOLDERS to allocate IP Addresses on behalf of IP LESSEES for a predetermined fee. We work toward establishing a market where IP LESSEES can locate available IP Addresses and IP HOLDERS can earn money from their IP Assets. Each and every one of the aforementioned services is included in every single one of our transactions, and we do all in our power to make the process as straightforward and quick as possible. LeaseIPx has no say in the amount an IP HOLDER charges an IP LESSEE to lease an IP Address from them.
- IP HOLDER agrees and warrants that:
2.1. IP HOLDER has the authority to control the IP Numbers and to sublease the IP Numbers to IP LESSEE, and he has the legal right to enter into this Lease.
2.2. IP HOLDER represents that it has entered into Leases with the IP HOLDERs of the IP Numbers, or that it is the IP HOLDER of the IP Numbers themselves.
2.3. IP HOLDER further represents and warrants that IP HOLDER is, and will continue to be, in compliance with the respective member policies of the RIRs throughout the term of this Lease, and that the IP Numbers were obtained in compliance with the member policies of the RIRs and all applicable laws and regulations.
2.4. IP HOLDER also declares and signifies that IP HOLDER has the right to licence the IP Numbers to IP LESSEE for the term of this Lease.
2.5. IP HOLDER warrants and indicates that IP HOLDER has exclusive rights to administer and grant licences for the IP Numbers and that no other party has any such rights.
2.6. If a third party asserts that IP HOLDER does not have the right to licence the IP in question, IP HOLDER will defend and indemnify LeaseIPx against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses.
2.7. IP HOLDER shall perform all obligations and take all necessary actions necessary for IP LESSEE to properly utilise the IP Numbers no later than 48 hours from the Commencement Date, as required by LeaseIPx.
2.8. IP HOLDER agrees to have the Payouts reduced by the amount of time it takes LeaseIPx to fulfil the request (as mentioned in 2.7.) if the request is not fulfilled within 48 hours.
2.9. LeaseIPx reserves the right to withhold accrued Payouts and assess a penalty fee equal to the IP Number price per day (including the Commission) multiplied by the number of days since the request was made if IP HOLDER does not respond to or fulfil the request within 120 hours.
2.10. If the IP HOLDER does not reply to the 24-hour warning or otherwise interferes with the PLATFORM Service, LeaseIPx may withhold any payouts that are still pending.
2.11. To guarantee the best possible PLATFORM functionality, LeaseIPx reserves the right to terminate the IP Number and remove it from the PLATFORM without prior notice if IP HOLDER ceases all communication with the LeaseIPx team.
- IP LESSEE covenants, represents, and warrants to IP HOLDER that:
3.1. He is of legal age to enter into this Lease and does so in his legal capacity;
3.2. IP LESSEE shall not acquire any proprietary or transferable rights in or to the IP Numbers by virtue of this Lease;
3.3. it will follow all guidelines, policies, practises, processes, and directives issued by IANA or any RIR with regards to IP Addresses;
3.4. Not engaging in Unacceptable Use, Spamming, or Bulk Emailing using the IP Numbers, or any other activity that could negatively impact the IP HOLDER’s reputation or the value of the IP Numbers, is strictly forbidden;
3.5. IP IP HOLDER warrants and agrees to LeaseIPx that the IP Numbers are not subject to any known, active blacklists or blocks at the major top-level domains, and that they are not engaged in any inappropriate usage. LESSEE accepts the IP Numbers in their “as is” condition;
3.6. IP LESSEE represents and declares that he will comply with all rules and regulations of the jurisdiction in which IP LESSEE is located and any jurisdiction in which IP LESSEE uses the IP Numbers.
- The IP HOLDER hereby provides to the IP LESSEE, subject to the terms and conditions of Lease, a non-exclusive, non-transferable, limited, revocable licence to use the IP Numbers during the term of Lease and only for the IP LESSEE’s own business activities.
C. Using platform
You will not make any of the following representations or warranties in connection with your use of or access to the PLATFORM:
- Use our systems, policies, or decisions of Your account status in a way that is illegal, unethical, or disruptive to third parties;
- use PLATFORM if you are not of legal age to create a binding contract (for example, if you are under 18) or if you have been temporarily or permanently suspended from using our sites, services, applications, or tools;
- Default on Payment of Leased IP Numbers;
- change the value of IP Addresses or tamper with the IP Listings of any other IP HOLDER;
- publish information that is libellous, defamatory, misleading, false, or offensive in any way;
- without LeaseIPx’s express permission, provide another user access to your account;
- send or publish spam, UEC, e-mails in bulk, ponzi scams, and chain letters;
- transmission of any computer worms or other malware that could compromise LeaseIPx or cause damage to IP LESSEE/IP HOLDER’s assets;
- disrupt the proper functioning of PLATFORM, or place an excessive or disproportionately significant demand on our system resources;
- violate any intellectual property rights (“Intellectual Property Rights”) owned by or licensed to PLATFORM, including but not limited to copyright, trademark, patent, publicity, moral, database, and/or other Intellectual Property Rights. Reproducing, performing, showing, distributing, duplicating, reverse engineering, decompiling, disassembling, or making derivative works from content that belongs to PLATFORM or someone else are some but not all examples of possible infringement;
- utilise the PLATFORM in a way that violates the Intellectual Property Rights of any third party or upload anything that does not belong to you;
- sell, licence, sublicense, or otherwise make available for commercial use any PLATFORM application or any information or software related to any PLATFORM application without the prior written authorization of PLATFORM;
- acquire IP LESSEE’s personal information without permission; or
- subvert any and all technical protections put in place to deliver PLATFORM’s services.
- LeaseIPx’s requirements for both IP LESSEE and IP HOLDER are spelled forth in the Universal Services Agreement. If You fail to meet these requirements, the PLATFORM may impose extra costs and/or restrict, limit, or suspend Your access to the PLATFORM.
- We may limit, suspend, or terminate Your IP LESSEE/IP HOLDER account(s) and access to the PLATFORM, remove any special status associated with Your account(s), remove, not display, and/or demote listings, reduce or eliminate discounts, payouts, and take technical and/or legal steps to prevent You from using the PLATFORM if we believe You are abusing LeaseIPx and/or Our Services.
- We reserve the right to terminate any account that has been either temporarily or permanently inactive or has not been confirmed. Furthermore, we hold the exclusive authority to deny access to, alter, or discontinue PLATFORM to anybody at any time for any reason.
D. Policy enforcement
- When deciding how to handle a situation involving an IP HOLDER or an IP LESSEE, We may take into account the IP LESSEE’s prior performance and the unique circumstances at hand. In an effort to strike a balance between the interests of IP HOLDERs and IP LESSEES, we may opt to be less strict in our policy enforcement.
E. Payouts and commissions; Refunds
- The IP LESSEE agrees to pay all charges and fees included in the Universal Terms of Services Agreement for the Lease received through the PLATFORM.
- Unless IP Numbers are not functioning properly within 48 hours of the Reassignment Initiation date due to the IP HOLDER’s failure to execute his duties and tasks as required by this Agreement, there will be no return of any kind for any reason. You will not receive a refund for the Reassignment Initiation Fee after 48 hours have passed from the day it was paid, even if Your Lease is suspended, cancelled, or transferred before the end of the Lease term. There will be no refunds for unused credit.
- LeaseIPx is solely responsible for initiating the generation of Validation objects for IP Number use, as specified by IP LESSEE on the Reassignment Initiation date.
- If the Reassignment Initiation Date is before the Commencement Date, all refunds due will be prorated back to that date.
- LeaseIPx has exclusive discretion regarding any refund requests.
- Listing conditions established by the IP HOLDER are used to determine the commission.
- Each IP Number Lease Payment is due on or before the 14th of the month following the calendar month for which the IP Numbers were leased. Payments begin accruing on the date of Lease Commencement.
- Credit balances, PayPal accounts, or bank transfers can all be used to make payouts. With PayPal, it’s $100, and with a bank transfer, it’s $300. Bank withdrawals cost $25, whereas PayPal withdrawals cost nothing. If you want to get at least $50 out of your account before we close it, you’ll need to do it while it’s at least that much.
- IP HOLDER is solely responsible for all information included in the Lease Form, including but not limited to the IP Numbers listed.
- All payments due from LeaseIPx to IP HOLDER during the length of this Agreement shall be billed directly by LeaseIPx, and IP HOLDER hereby authorises and directs LeaseIPx to send all such bills to IP HOLDER. If IP HOLDER chooses to be self-billed, LeaseIPx will complete the invoice in full, including IP HOLDER’s name, address, and VAT (if applicable) registration number. In the event that self-billed invoices are to be sent by a third party, LeaseIPx will notify the IP HOLDER.
- During the length of the agreement between IP HOLDER and LeaseIPx, IP HOLDER undertakes to pay bills sent to them by the self-biller. During the term of these TOS, IP HOLDER will not issue any invoices for the transactions that are subject to these TOS. If (i) IP HOLDER’s VAT registration number changes, (ii) IP HOLDER ceases to be VAT registered, or (iii) IP HOLDER sells all or a portion of its business, IP HOLDER must immediately notify LeaseIPx. IP HOLDER verifies that it satisfies the demands of the VAT authorities in its country of residence.
F. Listing conditions
When listing IP Numbers for the Lease on PLATFORM, You agree to comply with LeaseIPx’s policy and that:
- You are entirely liable for the correctness and completeness of the IP Addresses listed;
- Unless otherwise requested by LeaseIPx, you will maintain all IP Validation Objects for the duration of the Initial Period;
- During the term of the Lease, the removal of the Validation Objects will be viewed as a termination of the Lease for which no 3-month notice was given;
- You undertake to provide LeaseIPx with complete and accurate contact information at all times (including invoicing information) during the Lease term that clearly identifies You as the IP HOLDER;
- Upon the LeaseIPx team’s request, you must update your Whois/Lease information in the RIRs, PLATFORM to reflect the most up-to-date Listing/Lease details;
- IP LESSEE may not be able to access your listing for a few hours (or up to 48 hours in some circumstances). LeaseIPx cannot promise accurate listing durations;
- LeaseIPx reserves the right to alter, conceal, or remove any IP address that is blacklisted or blocked by any of the major top-level domains due to improper use;
- We reserve the right to make changes to the information included in IP Address records, which may include the addition, deletion, or alteration of previously published content..
G. Ordering conditions
When ordering IP Numbers on PLATFORM, You agree that:
- Before entering into Lease, you are responsible for reviewing all relevant information, including but not limited to the nettype (status) of the IP Numbers with the RIRs;
- You commit to maintain all required IP Validation Objects for the duration of the Lease unless otherwise allowed by LeaseIPx;
- You agree to provide LeaseIPx with current, complete, and accurate contact information at all times during the Lease, and you are responsible for providing LeaseIPx with this information in order to be identified as the IP LESSEE.
- When You make the decision to Lease the IP Numbers or when Your bid for IP Numbers is accepted, You are entering into a legally binding contract to lease those IP Numbers;
- The IP HOLDER retains all legal rights and title to the IP NUMBERS leased to the IP LESSEE.
- IP LeaseIPx has the right to manage LESSEE’s IP Numbers information (inetnum, domain, route, and other objects that can be created and/or managed in RIRs);
- If IP LESSEE continues to use the IP Numbers after the end of the Lease period, he will be charged a penalty cost equal to the IP Numbers’ per-day rate times the number of days of continued use.
H. Amendments and termination
- On the Order Form’s specified Start Date, the Lease Term will officially begin. If the Lease is renewed, it will remain in effect until the Expiration Date unless cancelled earlier.
- Prior to the start of the Lease period, the IP HOLDER may change, modify, replace, or cancel the IP Numbers or any information submitted at registration to the PLATFORM.
- If an IP HOLDER needs to make changes after the Effective Date, they must get in touch with the LeaseIPx Help Desk.
- The IP HOLDER will have the right to cancel the Lease with three months’ notice, however there will be cancellation fees if the Lease is terminated before its expiration date. LeaseIPx may assess a cancellation fee that is equal to LeaseIPx’s commission fee (determined by the size of the current Lease) times the number of months remaining in the Initial Term times the number of active Leases. Lease termination payments will no longer be determined.
- If IP HOLDER terminates an active Lease with less than three months’ notice, IP HOLDER will be charged a cancellation fee equal to the total number of active Leases interrupted for the previous 12 months, plus the penalty fee for one active Lease interrupted for one month, which will be based on the price of IP Numbers, as determined by IP HOLDER.
- IP LESSOR acknowledges and accepts that LeaseIPx may, with 14 days’ notice, substitute an equivalent allocation of leased IP Numbers. LeaseIPx will use email to deliver written notice.
- IP LESSEE may terminate the Lease, but payment for the remainder of the billing cycle is still due.
- Without limiting any rights or remedies that have already accrued under this Lease, it may be terminated immediately by any party upon written notice to the other party if either party::
8.1. when one of the parties to this Lease commits a serious breach of its terms;
8.2. If the Internet Assigned Numbers Authority (IANA) or any RIR requests that this Lease be ended;
8.3. In the event that the IP LESSEE violates any policy of the PLATFORM, LeaseIPx reserves the right to terminate the services. LeaseIPx maintains the right to terminate service at any time.
I. Definitions; Conflicts
Any capitalised phrases used in this document that are not defined will have the same meanings given to them in the Universal Terms of Service Agreement. In the event of a discrepancy between the terms of this Support services policy and the Universal Terms of Service Agreement, this PLATFORM’s terms shall control.
Appendix B to universal terms of service agreement
Platform acceptable use policy (AUP)
Regardless of the length of the lease, the IP USER is responsible for maintaining the following conditions in order to maintain access to the LeaseIPx network and usage of the Services provided by LeaseIPx. Users of Internet Protocol Addresses (IPs) accept the terms of this Acceptable Use Policy.
Neither the LeaseIPx network nor the PLATFORM may be used in any jurisdiction by any IP USER for any purpose that is illegal, obscene, offensive, or fraudulent, including but not limited to advocating or causing harm, interfering with or violating the integrity or security of a network or system, evading filters, sending unsolicited, abusive, or deceptive messages, viruses, or harmful code, or violating the rights of third parties. In the event of a complaint or notice of violation, access may be temporarily denied until the issue is handled, or even permanently cancelled in extreme cases.
- Using our services for illegal activities is strictly forbidden. Our Services are not available to you:
(a)in a manner that is illegal under the laws of the United States or any other country;
(b) in a way that breaks the law, is dishonest, or is intended to deceive in any way;
(c) for the intent to injure or attempt to harm any person (including a minor) or in any way that would or is likely to violate the personal rights of others;
(d) in a way that violates or is likely to violate the intellectual property rights of others (such as copyright, trademark, trade secret, etc.);
(e) to send, or cause to be sent, any spam, junk mail, or other unsolicited mass communications (spam);
(f) to send, or arrange for the sending of, any bulk email without LeaseIPx’s permission;
(g) in relation to any behaviour that is libellous, indecent, obscene, insulting, threatening, or abusive;
(h) send or upload any data that is known to include viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to negatively affect the functioning of any computer software or hardware;
(j) to hijack: If you make a statement without first consulting with LeaseIPx, you will be breaking the law ; or
(i)in violation of the conditions of Your LeaseIPx contract.
- Without limiting the scope of the overarching principles outlined above, examples of improper use include, but are not limited to, the following:
(a) The act of uploading, transmitting, re-uploading, or storing any content on or through the PLATFORM if LeaseIPx has a good faith belief that such an act is:
– in violation of any local, national or international law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations);
– threatening or abusive;
– obscene; or
(b) The use of illegal software distribution methods, such as installing or passing around pirated software, is a serious offence.
(c) Without LeaseIPx’s prior written permission, you may not resell any of our products or services.
(d) Deceptive marketing practices.
(e) Actions that restrict or inhibit anyone – whether a customer of LeaseIPx’s PLATFORM or not – from using or enjoying LeaseIPx’s Services, or that generate excessive network traffic through the use of automated or manual routines unrelated to normal personal or business use of internet services, are prohibited.
(f) Introduction of harmful code to PLATFORM or other LeaseIPx services (e.g., viruses, Trojan horses and worms).
(g) Causing or attempting to cause Internet security breaches or communication disruptions. Accessing data for which the customer is not the intended receiver or entering into a server or account for which the customer is not expressly permitted to access are examples of security breaches (e.g., port scans, flood pings, packet spoofing and forged routing information).
(h) Executing any network surveillance technique that intercepts data not meant for You.
(i) Bypassing user authentication or security measures on any server, network, or account.
(j) Interfering with or refusing service to any user besides the host of the customer (e.g., denial of service attack).
(k) Using any program/script/command or sending any type of communication to tamper with or disable a user’s terminal session is prohibited.
(l) Failure to comply with LeaseIPx’s policies regarding client activities on PLATFORM.
(m) Providing false or inaccurate information on the (electronic or paper) Order Form contract, including the fraudulent use of credit card numbers, or attempting to circumvent or alter the processes or procedures to measure time, bandwidth usage, or other methods to document use of PLATFORM are prohibited.
(n) Sending unsolicited mail, such as junk mail or other advertising materials, to those who did not directly request such material, were not former customers of the sender, or with whom the sender has no existing commercial relationship is prohibited (e.g., email spam).
(o) Sending unsolicited mass mailings that would be called spam;
(p) Harassment (e.g., through frequency, language, or size of email messages)
(q) Unauthorised use or forgery of email header data.
(r) Solicitations of mail or e-mail addresses other than the poster’s account or service with the goal to harass or collect reply emails are prohibited.
(s) Creating or sending any type of chain letter or pyramid scheme. If no mail activity is anticipated, port 25 should stay blocked.
(t) Use of unsolicited e-mail originating from within the LeaseIPx network or networks of other Internet Service Providers to advertise or promote any service hosted by LeaseIPx or connected through the LeaseIPx network is prohibited.
(u) Exporting, re-exporting, or allowing downloading of any content in contravention of United Kingdom export or import rules or without all relevant approvals, licences, and exemptions is prohibited.
(v) Utilisation of IRC servers or bots associated with public IRC networks or servers.
- LeaseIPx will determine, at its sole discretion, whether You have violated this Acceptable Use Policy. When a violation of this policy occurs, we reserve the right to take appropriate action.
- The users of PLATFORM recognise that LeaseIPx does not claim to monitor the content of stored materials or the use of the Services.
- Where LeaseIPx has a reasonable suspicion that this AUP has been violated, LeaseIPx may take any or all of the following actions:
(a) Immediate, temporary, or permanent revocation of Your permission to utilise the services.
(b) Immediate, temporary, or permanent removal of any posting or content you upload.
(c) Issue of a warning to You.
(d) Legal action against You for recovery of all indemnity-based costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(e) Further legal action against You.
(f) Disclosure of such details to law enforcement agencies as we believe to be reasonable.
- We disclaim any responsibility for measures taken in response to violations of this Acceptable Use Policy. The responses outlined in this policy are not exclusive, and we reserve the right to take any other action we think reasonable.
- Any violation of the AUP by PLATFORM users would constitute a significant breach of the Agreement.