These Terms & Conditions ("Terms") govern your access to and use of the websites, web design, development, domain registration, web hosting, email, SEO, digital marketing and related services (together, the "Services") supplied by FiveOcean Computers LLC ("FiveOcean", "we", "us", "our"), of 1001 S Main St, Ste 500, Kalispell, MT 59901, United States.
By ordering, accessing or using any of the Services, or by using this website, you ("Client", "you") agree to be bound by these Terms. If you do not agree, you must not use the Services. If you accept these Terms on behalf of a company or other legal entity, you confirm that you have authority to bind that entity.
"Service Period" means the fixed term for which a Service is purchased. "Registrant" means the legal holder of a domain name as recorded in the registry. "Registry" means the organisation operating a top-level domain. "Registrar" means the ICANN-accredited or registry-accredited entity through which a domain is registered. "Content" means any data, text, images, code, email or other material transmitted, stored or published using the Services.
2.1 We will supply the Services with reasonable care and skill, in accordance with the specification set out in the accepted quotation, proposal, order form or invoice (the "Order"). Where these Terms conflict with a signed Order, the signed Order prevails for that engagement only.
2.2 Any timescales given are estimates. Delivery dates depend on the Client supplying content, approvals, credentials and feedback promptly. Delay by the Client extends our delivery dates accordingly and does not entitle the Client to any refund or discount.
2.3 We may use sub-contractors, upstream registrars, data centres and third-party suppliers to deliver parts of the Services. We remain responsible to you for the Services under these Terms.
2.4 We may modify, improve or discontinue any part of the Services. Where a change would materially reduce a Service you have paid for, we will give reasonable notice and, at our discretion, a pro-rata credit for the unused portion.
3.1 All fees are stated exclusive of VAT and any other applicable taxes, duties or bank charges, which are payable by the Client in addition.
3.2 Unless the Order states otherwise, design and development projects require an advance deposit before work commences, and the balance is payable before final delivery, launch or transfer of files. Domain, hosting, email, SSL and other recurring Services are payable in advance for the whole Service Period.
3.3 Invoices are due on the date stated on the invoice. Time for payment is of the essence.
3.4 All fees are non-refundable once the corresponding Service Period has begun or the corresponding work has commenced, except where a refund is required by applicable law. Domain registration, renewal, transfer and restoration fees are non-refundable in all cases, as these are paid onward to the registry and cannot be recovered.
3.5 We may revise our prices for any subsequent Service Period. We will give you notice of a price change before your renewal date. Registry, registrar and third-party price increases may be passed through to you.
3.6 The Client may not withhold or set off any amount against sums due to us on account of any alleged claim or dispute.
4.1 Services are hired for a fixed Service Period. Domain names and hosting accounts are supplied for the term stated on your invoice and are not sold outright or held in perpetuity. Continued use of a domain or hosting account beyond the end of a Service Period requires renewal and payment of the applicable renewal fee before the expiry date.
4.2 It is the Client's sole responsibility to renew on time and to keep contact and billing details accurate and current. We may send renewal reminders as a courtesy, but failure to send, deliver or receive a reminder does not extend any deadline, does not waive any fee, and does not create any liability on our part.
4.3 Suspension for non-payment. If a renewal or any other sum is not paid by its due date, we reserve the right, without further notice and without liability, to suspend, disable or withhold any or all of the Services, including hosting accounts, websites, email accounts, DNS and support. Content may become inaccessible to you and to the public during suspension.
4.4 Late payment charge. Overdue amounts carry a late payment charge of 1.5% per month (18% per annum), or USD 40 per month, whichever is the greater, or the maximum rate permitted by applicable law if lower, calculated from the due date until payment is received in full.
4.5 Account reinstatement fee. Where a Service has been suspended for non-payment, a non-refundable account unsuspension / reinstatement fee of USD 70 is payable in addition to all outstanding amounts and late payment charges before the Service is restored.
4.6 Termination and data deletion. If an account remains unpaid for 30 days after the due date, we may terminate the Services and permanently delete all Content, databases, email and backups associated with the account. Deleted data cannot be recovered. You are responsible for maintaining your own independent backups at all times.
4.7 We may also recover from the Client all reasonable costs of collection, including legal and debt recovery fees.
5.1 Domain registrations are supplied subject to the rules, policies and dispute resolution procedures of ICANN, the relevant Registry and our upstream Registrar, which are incorporated into these Terms. Where our Terms conflict with a Registry or ICANN requirement, the Registry or ICANN requirement prevails.
5.2 This clause 5 applies only to domains registered in the Client's own name. Domains supplied from the FiveOcean portfolio are governed by clause 6 instead. Where you are recorded as the Registrant, the domain is registered to you for the fixed Service Period. We act as reseller and administrative intermediary only. We do not guarantee that any requested domain is available, or that a registration application will succeed.
5.3 Expiry lifecycle. A domain that is not renewed and paid for before its expiry date will pass through the standard registry lifecycle: it will first be suspended and removed from service; it may then enter a renewal grace period, followed by a redemption period during which restoration is possible only on payment of the renewal fee plus a registry redemption/restore fee, currently USD 260 (this fee is set by the Registry and may change without notice); and it will thereafter be deleted by the Registry. Once deleted, the domain is released back into the public pool and may be registered by any other party, including a competitor, a domain investor, or a member of the public. We have no ability to prevent, reverse or recover such a registration, and we accept no liability for any resulting loss. Exact grace and redemption periods are set by each Registry and may change without notice.
5.4 We may place a domain on hold, disable DNS, or decline to renew or transfer a domain where sums are outstanding, where required by a Registry, ICANN, a court or a competent authority, or where the domain is being used in breach of clause 7.
5.5 Transfers away are permitted once the domain is out of any registry-imposed lock period, all sums owing to us are paid in full, and applicable Registry conditions are met.
5.6 You warrant that your registration and use of a domain does not infringe the trade mark or other rights of any third party, and you accept sole responsibility for defending any claim arising from your choice of domain name.
6.1 Separately from third-party registrations made in a Client's own name under clause 5, FiveOcean owns and maintains its own portfolio of registered domain names. We hold a large inventory of premium and keyword domains available now. If you are interested in a particular name, contact us at [email protected] and we will check availability and quote you. Availability, pricing and terms for portfolio names are agreed case by case and are not covered by any published price list.
6.2 Portfolio domains are licensed, not sold. Where you take a domain from the FiveOcean portfolio, you are granted a limited, non-exclusive, non-transferable licence to use that domain name for a fixed Service Period ("Leased Domain"). FiveOcean Computers LLC remains at all times the legal and beneficial owner and the recorded Registrant of a Leased Domain. No ownership, title, equity, goodwill or right of renewal in the domain passes to you, whether by use, by lapse of time, or by any investment you make in promoting it. Your Order or invoice will state expressly whether a domain is a Leased Domain under this clause 6 or a registration held in your own name under clause 5. If you are unsure which applies to your domain, ask us in writing before you rely on it.
6.3 Non-renewal of a Leased Domain. A Leased Domain licence ends automatically at the end of its Service Period unless renewed and paid for in advance. Where a Leased Domain is not renewed by its due date, or where the licence is terminated under clause 13, your right to use that domain ends immediately and FiveOcean may, at its sole and absolute discretion and without any obligation, notice, compensation, refund or share of proceeds to you: (a) retain the domain within its own portfolio; (b) point it to any other website or hold it inactive; (c) licence, lease or sell it to any other interested party, including a party operating in the same industry or market as you; or (d) allow it to lapse. You waive any claim to the domain, to its traffic, to its search engine ranking, or to any goodwill accrued in it.
6.4 Grace period. As a courtesy and not as an obligation, we will normally hold an expired Leased Domain for 15 days after expiry before re-letting it, during which you may reinstate the licence on payment of the renewal fee, all outstanding sums, the late payment charge under clause 4.4 and the reinstatement fee under clause 4.5. This courtesy period is discretionary, may be withheld where sums are overdue or where clause 7 has been breached, and creates no right or expectation of reinstatement.
6.5 Content on a Leased Domain. You own your own website content, and on request made within the courtesy period in clause 6.4 we will provide a copy of your files and databases, subject to all sums being paid in full. Ownership of the content does not give you any right to the domain name itself. Email addresses, DNS records, and any traffic or link equity attaching to the domain end with the licence.
6.6 Redirection and transfer. A Leased Domain may not be transferred, sub-licensed, assigned, sold, or moved to another registrar or provider by you. Any attempt to do so is void and is a material breach of these Terms.
6.7 No claim over Client-owned domains. For the avoidance of doubt, nothing in this clause 6 gives FiveOcean any right, title or claim over a domain registered in a Client's own name under clause 5. We do not resell, re-let or transfer a Client-owned domain to any third party while that Client remains the recorded Registrant.
6.8 Trade marks. We will not knowingly lease a domain that infringes a third party's trade mark, and we will not re-let an expired Leased Domain in a manner intended to trade off your own registered trade mark rights. If you hold a registered trade mark corresponding to a Leased Domain, notify us in writing so it can be recorded against the account.
7.1 FiveOcean operates a strict zero-tolerance policy on spam and network abuse. You must not use, and must not permit any third party to use, our servers, IP addresses, hosting accounts, email systems, domains or any other part of our network for any of the following:
7.2 Bulk and marketing email. Where the Services are used for legitimate marketing email, you must hold verifiable, documented opt-in consent for every recipient, include accurate sender identification and a valid physical postal address, and include a functioning one-click unsubscribe mechanism in every message. Unsubscribe requests must be honoured immediately and permanently. You must retain and, on request, produce proof of consent within 48 hours. We may impose sending limits, rate limits, or require use of a dedicated approved relay.
7.3 Resource abuse. Shared hosting resources (CPU, memory, disk I/O, inodes, bandwidth, concurrent processes, email throughput) are provided for normal website use. We may throttle, limit or suspend any account whose usage degrades service for other customers, regardless of any "unlimited" or "unmetered" wording in marketing material.
7.4 Enforcement. We may investigate any suspected breach and, at our sole discretion and without prior notice or refund: suspend or terminate the affected account and any other account you hold with us; block IP addresses, ports or mail delivery; remove or disable access to offending Content; disclose your details and Content to law enforcement, regulators, blocklist operators or affected third parties; and pursue recovery of our costs.
7.5 Clean-up and blocklist charges. Where your breach causes our IP ranges, mail servers or domains to be blocklisted, or requires investigation, remediation, delisting or abuse-desk handling, you will reimburse us for the resulting administrative cost at USD 135 per incident, plus USD 80 per hour of investigation and remediation time, together with any fines, penalties or third-party charges we incur.
7.6 Reporting abuse. Suspected abuse originating from our network should be reported to [email protected] with full headers and evidence. We investigate all credible reports.
8.1 You are solely responsible for all Content you or your users publish, transmit or store using the Services, and for obtaining all necessary licences, consents and clearances for that Content.
8.2 You are responsible for the security of your account: for keeping passwords, API keys and control panel credentials confidential, for applying security updates to any software you install (including CMS platforms, themes and plugins), and for all activity occurring under your account, whether authorised by you or not.
8.3 You must comply with all applicable data protection law in respect of personal data you process using the Services, including providing lawful notices and obtaining any required consents from your own users and customers.
8.4 You must supply accurate, complete and current registration, contact and billing information, and update it promptly on change. Providing false or unverifiable Registrant contact data is grounds for domain suspension under ICANN policy.
8.5 Backups. Any backup we provide is a courtesy and is not guaranteed. You remain responsible for maintaining your own current, independent, off-site backups of all Content and data.
8.6 Client Content is the Client's sole responsibility. All text, images, photographs, graphics, logos, video, audio, music, fonts, icons, illustrations, product data, pricing, descriptions, testimonials, reviews, documents, downloads and any other material supplied by you, uploaded by you, published on your website, or provided to us for use in the Services ("Client Content") remains your sole responsibility at all times. FiveOcean does not verify, vet, authenticate, moderate, fact-check, or check the ownership, licensing, accuracy or legality of Client Content, and accepts no liability whatsoever in respect of it. We act purely as a technical service provider in placing Client Content online at your direction.
8.7 Warranty of rights. You warrant and represent that, in respect of all Client Content, you either own the copyright and all other intellectual property rights outright, or hold a valid, current, and sufficiently broad licence permitting its use in the manner and territory in which it is published. This applies in particular to photographs, stock images, fonts, icons, video, music and any material obtained from the internet, from a search engine, from social media, or from a previous supplier or web designer. Material found online is not free to use merely because it is publicly accessible.
8.8 Material you instruct us to use. Where you supply material to us, or instruct or approve its use, you are deemed to have confirmed that you hold the necessary rights. We are entitled to rely on that confirmation without further enquiry. If we express any doubt about the provenance of an image or other material and you nonetheless instruct us to proceed, you accept sole and exclusive responsibility for that decision.
8.9 Accuracy of published information. You are solely responsible for the accuracy, completeness and legality of all information published on your website, including prices, specifications, availability, delivery terms, refund and returns policies, professional credentials, licence and registration numbers, health, medical, legal or financial claims, and any advertising or promotional claim. We accept no liability for loss arising from an error, omission, outdated entry, or misdescription in Client Content, whether the material was supplied by you or typed, transcribed or laid out by us at your direction.
8.10 Personal data in Client Content. Where Client Content includes personal data — including customer records, enquiry submissions, order details, photographs of identifiable individuals, employee or staff images, or testimonials attributed to named persons — you are the data controller in respect of that data. You are responsible for obtaining every necessary consent, model release and permission, and for complying with all applicable data protection law. We process such data only as your processor, on your instructions.
8.11 Removal. We may remove, disable or refuse to publish any Client Content, without notice and without refund, where we receive a credible complaint, takedown notice or legal demand concerning it, where we reasonably believe it infringes a third party's rights or breaches clause 7, or where we are required to do so by law or by a competent authority. Removal under this clause is not an admission of liability by either party.
8.12 Indemnity for Client Content. Without limiting clause 12, you indemnify FiveOcean Computers LLC in full against all claims, demands, takedown notices, copyright infringement demands, licensing charges, settlements, damages, fines, penalties, legal fees and costs arising out of or in connection with Client Content, including any claim brought by a photographer, stock image library, image licensing agency, font foundry, music rights holder, trade mark owner, competitor, regulator, or any individual whose personal data or image appears on your website. This clause survives termination.
8.13 Sample and placeholder material. Any stock photograph, icon, font, demo content or placeholder image supplied by us for layout or demonstration purposes is provided on a temporary basis only and may be subject to a licence held by us or by a third party. It is your responsibility to license or replace such material before or upon launch. Continued use of placeholder material after launch is at your own risk and cost.
9.1 All intellectual property rights in deliverables created by us remain vested in FiveOcean until we have received payment in full of all sums due under the relevant Order. On payment in full, we assign to you the rights in the final, delivered custom design and content produced specifically for you.
9.2 Nothing transfers to you any rights in: our pre-existing works, frameworks, libraries, source code, tools, methodologies or know-how; third-party components, themes, plugins, fonts, stock imagery or software, which remain subject to their own licences; or any element we reuse across multiple clients. We grant you a non-exclusive, non-transferable licence to use such elements as incorporated in your deliverable.
9.3 You grant us a non-exclusive licence to reproduce your name, logo and screenshots of the delivered work in our portfolio, website and marketing material, unless you notify us in writing that you do not consent.
9.4 You warrant that all material you supply to us is either owned by you or properly licensed, and you indemnify us against any claim to the contrary.
10.1 We will use commercially reasonable efforts to maintain availability of hosting Services, but we do not warrant that the Services will be uninterrupted, timely, secure, or error-free. Scheduled maintenance, emergency maintenance, upstream network failures, data centre incidents, and force majeure events may interrupt Services.
10.2 Where a specific uptime commitment or service level agreement is stated in your Order, the remedies set out there are your sole and exclusive remedy for failure to meet it.
10.3 We give no warranty as to search engine rankings, traffic volumes, conversion rates, advertising performance, leads, sales or revenue. Search engines and advertising platforms are third parties whose algorithms, policies and pricing are outside our control and may change at any time. SEO and marketing services are supplied on a best-efforts basis.
10.4 Except as expressly stated in these Terms, and to the maximum extent permitted by law, all warranties, conditions and terms implied by statute or common law are excluded. The Services are otherwise provided "as is" and "as available".
11.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
11.2 Subject to clause 11.1, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any: loss of profit; loss of revenue; loss of business, contracts or anticipated savings; loss of goodwill or reputation; loss of search engine ranking or traffic; loss, corruption or unavailability of data or Content; loss arising from the expiry, deletion or subsequent registration by a third party of a domain name; or any indirect, special or consequential loss.
11.3 Subject to clause 11.1, our total aggregate liability arising out of or in connection with the Services shall in no event exceed the total amount actually paid by you to us for the specific Service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim.
11.4 Any claim must be brought within twelve (12) months of the date on which you became aware, or should reasonably have become aware, of the circumstances giving rise to it.
You agree to indemnify, defend and hold harmless FiveOcean Computers LLC, its owners, directors, employees, agents and suppliers against all claims, demands, proceedings, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or in connection with: your Content; your use of the Services; your breach of these Terms, and in particular clause 7 (Acceptable Use); your infringement of any third-party intellectual property, privacy or other right; and any breach by you of applicable law.
13.1 We may suspend or terminate the Services immediately, without refund, where: any sum is overdue; you breach clause 7; you breach any other term and fail to remedy it within 7 days of written notice; you become insolvent, enter liquidation or cease trading; or we are required to do so by law, by a Registry, by ICANN, or by a competent authority.
13.2 You may terminate a recurring Service by giving written notice before the start of the next Service Period. Termination does not entitle you to a refund of fees already paid for the current Service Period.
13.3 On termination, all sums outstanding become immediately due, your licence to use the Services ends, and we may delete all Content and data associated with the account after 14 days. Clauses 3, 9, 11, 12, 14 and 15 survive termination.
14.1 Each party will keep confidential the other's non-public business information and use it only for the purpose of performing these Terms. This does not apply to information that is public, independently developed, or required to be disclosed by law.
14.2 Our handling of personal data is described in our Privacy Policy, and our email practices in our Spam Policy, both of which form part of these Terms.
14.3 We may access your account, files, databases and email where reasonably necessary to provide support, maintain security, investigate suspected breach of clause 7, or comply with a lawful request.
15.1 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, epidemic, government action, power or telecommunications failure, upstream provider or data centre failure, cyber-attack, or industrial action.
15.2 Variation. We may amend these Terms at any time by publishing the revised version on this page. The version published on this page at any given time is the version in force, and applies to all Services from the date of publication. Continued use of the Services, or renewal of any Service, after publication constitutes acceptance of the revised Terms. Material changes will, where practicable, be notified by email. We retain a dated record of each revision, which will be provided on written request.
15.3 Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or novate these Terms as part of a transfer of our business.
15.4 Entire agreement. These Terms, together with the applicable Order and the policies referenced above, form the entire agreement between the parties and supersede all prior discussions, proposals and representations.
15.5 Severance. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary or severed, and the remaining provisions shall continue in full force.
15.6 No waiver. No failure or delay by us in exercising any right constitutes a waiver of that or any other right.
15.7 Third parties. No person other than the parties has any right to enforce these Terms.
15.8 Governing law and jurisdiction. These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of the State of Montana, United States of America, without regard to its conflict of law principles. The parties irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Flathead County, Montana, and waive any objection to those courts on grounds of venue or inconvenient forum. Nothing in this clause prevents us from applying for injunctive relief, or from pursuing recovery of unpaid sums, in any court of competent jurisdiction where you are located or hold assets. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Questions about these Terms should be sent to:
FiveOcean Computers LLC
Office Address
1001 S Main St, Ste 500
Kalispell, MT 59901
United States
Email: [email protected]
Telephone: +1 (737) 210-0820