1. Scope
1.1
These General Terms and Conditions are referred to herein as “Terms” and apply between Perfect Privacy LLC (“Harakiri”) as the provider of the Services (as defined under section 2.1 below) and you as as the user of the Services.
1.2
By accessing and/or using the Services you are agreeing to be bound by these Terms, which establish a contractual relationship between you and Harakiri.
1.3
By using the Services and entering into these Terms you acknowledge that you are at least 18 years or older and that you have the right, authority and capacity to enter into any agreement with Harakiri.
1.4
Additional conditions other than those provided in these Terms may apply to certain parts of the Services and will in such case be provided to you in connection with the event for which they are to apply (such as for specific promotions etc.). Such additional conditions shall be considered to be an integral part of these Terms. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
1.5
Harakiri has the sole right to at any time amend or supplement these Terms. Any such made changes to these Terms will be immediately effective after being posted at the same location as these Terms. By accessing or using any of the Services you will be considered to have accepted any such amendments or supplements of these Terms. Further to the above, you agree to be bound by any applicable regulations and/or terms of any registry operator governing the domain top level domain that you have registered through the use of the Services. In case of conflict between such other aforementioned regulations and/or terms and these Terms, these Terms shall prevail between you and Harakiri to any possible extent.
2. The Services
2.1
The Services consist of domain name registration, domain name renewal, domain name hosting, email hosting, SSL certificate, and DNS-related services (the “Services”), unless otherwise specifically provided in the order receipt for purchased Services.
2.2
Harakiri reserves the right to change the content and/or the scope of the Services at any time. You shall always be entitled to terminate the Agreement with immediate effect in the event of any such change. No refunds will be made in case of such termination from you.
2.3
The Services are purchased on an annual basis, commencing on the date of Harakiri’s confirmation of purchased Services, and are renewed annually subject only to your due payment according to these Terms. Such payment shall be received by Harakiri not later than on such date communicated by Harakiri in the notification mentioned under section
5.3 below, or Harakiri will have the right to immediately terminate the provision of the Services and these Terms, as stipulated below under section 9.2.
Such termination will have the effect that Harakiri may, at its discretion, choose to assume the registered domain name and hold it in its own account or let it expire. If Harakiri, in its sole discretion, chooses to renew the registration, you will be entitled to a grace period of 42 days during which you may re-register the domain name with Harakiri. Additional costs for the redemption and re-registration will then apply.
2.4
Harakiri is not responsible for renewing the Services if you fail to duly pay for renewal of the Services before or on the due date of the renewal fee.
3. Registration
3.1
You must provide an email or XMPP address to Harakiri in order for Harakiri to provide the Services to you, and you must always ensure that such contact information provided to Harakiri is always up to date so that Harakiri can always reach you and provide you with invoices.
3.2
A domain name submitted via Harakiri will be deemed active when the relevant registry operator accepts your application and activates your requested domain name. Harakiri does not guarantee that you will obtain the domain name applied for, even if your inquiry has indicated that the applied for domain name is available at the time of application.
3.3
Domain names are registered under the name of Harakiri and not under your name, unless you specifically so request. You are aware that this means that Harakiri is registered as the registered owner of the domain name. However, Harakiri’s position is that of a middleman and Harakiri shall not have actual ownership of the domain name in relation to you.
Such ownership shall vest in you from date of registration of the domain name. You may however at any time request that the registration of the domain name is transferred to you formally meaning that you will be registered as the owner of the domain name with the registry operator in question. A precondition of the transfer is, however, that you agree in writing to be bound by any agreements and terms to which Harakiri is bound as a registrant of the domain name.
3.4
If you are purchasing the Services as a private person, you are entitled to withdraw from the Services and the Terms by written notification to Harakiri within 14 days of the date stated in the order confirmation. Notwithstanding the aforementioned, you shall not be entitled to withdrawal if you have requested that Harakiri shall start performing the Services during the withdrawal period and/or if you have started to use the Services. After payment of the Services is made, registration of the domain name will be immediately initiated and you will therefore not be entitled to withdraw from the Services or these Terms thereafter in accordance with the above.
4. Use of Services and domain name
4.1
It is your responsibility to ensure that you acquire and keep updated compatible hardware and software necessary to access and use the domain name and the Services.
4.2
You agree that you will not use the Services and/or the domain name provided by the Services for activities involving:
- – Launches or hosting of damaging automated programs or scripts, including, but not limited to, web robots, web spiders, web crawlers, web indexers, web robots, bots, viruses or worms, or any programs which may make multiple server requests per second, or that unduly burden or hinder the operation and/or performance of the Services (such as, but not limited to, running mining software);
- – Sending of spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- – Publicizing and/or spreading of content that is illegal according to any applicable laws; or
- – Any other measures in which the domain name is used for illegal activities.
5. Payments
5.1
Fees for the Services are as provided by Harakiri on the Njalla webpage at each time. Harakiri has the right to change its fees at any time. However, any change of fees may only enter into force in conjunction with a new subscription period following after the change of the fee has been made.
5.2
Payment for the Services is made by transfer through PayPal, transfer of crypto currencies or other payment options that are made available on the Njalla webpage, to your Njalla wallet.
5.3
Payments are made in advance before the Services are enabled. Prior to a renewal of the Services period, provided the Services can and will be renewed, Harakiri shall send at least one notification with reminder of renewal of the Services 14 days prior to the expiration date of the domain name.
5.4
Harakiri uses a third party payment solution for handling some of your payments of the Delivery Services, which is embedded into Njalla. Any delays in payments or defects in the payment service which are not attributable to Harakiri but are the effect of failures in the payment system provided by the third party service provider, shall not be attributable to Harakiri and Harakiri shall not have any liability for such delays or defects.
5.5
Payments will be inclusive of applicable taxes where required by law.
5.6
An annual penalty interest on due payment of 10% shall incur from the due date and until payment in full is made.
5.7
Payments made by you are final and non-refundable, unless otherwise determined by Harakiri at the sole discretion of Harakiri. All payments are due immediately upon confirmation of purchase of the Services and payment will be facilitated by Harakiri using the preferred payment method designated by you.
6. Your data
6.1
Harakiri will, and has the right to, collect data from you that is necessary for the provision of the Services in the form of email and/or XMPP addresses and the password(s) you set. Harakiri will not collect other data about you, other than the above mentioned data and other such data which is provided by you to Harakiri.
6.2
Harakiri reserves the right to provide relevant authorities, governmental bodies, courts or other similar institutions with any information mentioned under section 6.1 above about you in case of violation of section 4.2 above.
6.3
You are not obliged to provide any other information to Harakiri than information stated above under 3.1.
6.4
Regarding GDPR, we do not collect data or personal information without purpose, or stating what it’s going to be used for. All the data we have about clients are displayed in the logged in pages. GDPR is like a band-aid for a wound created by an exploding hand granade going of one meter away from your face. Being “compliant” means doing the bare minimum of protecting privacy.
7. Disclaimer and limitation of liability
7.1
Harakiri makes no representation or warranty with regard to the Services whatsoever, including but not limited to the reliability, timeliness, suitability, quality, or availability of the Services. Harakiri is not responsible for any inaccuracies or errors in the domain name registration or renewal process. Harakiri is furthermore not responsible or liable for the deletion or of failure to store any content and other communications maintained or transmitted through the use of the Services. You agree that the entire risk arising out of your use of the Services remains solely with you to the extent permitted under applicable law, and that you waive and release Harakiri from all liability, claims or damages arising from, or that are in any way related to, the performance of the Services, including direct and indirect, incidental, special, punitive, consequential or any other damages, such as lost data, personal injury, lost profits, or property damage related to, in connection with, or otherwise resulting from any use of the Services.
7.2
Harakiri does not guarantee the quality, suitability, safety or ability of any third party service providers, such as the service providers for whom Harakiri is reselling the domain names, and cannot be made responsible for any actions or services performed, or products delivered, by such third party service providers. You therefore waive and release Harakiri from all liability, claims or damages arising from, or that are in any way related to any third party service providers. Harakiri will not be a party to disputes or negotiations between you and such third party service providers.
7.3
In no event shall Harakiri’s total liability to you exceed the amount paid for the Services during the 12 month period preceding the date the liability arose. Repayment of such amount shall be the exclusive possible remedy.
7.4
The limitations and disclaimers in these Terms do not purport to limit liability or alter your rights as a consumer, where applicable, that cannot be excluded under applicable mandatory law.
8. Indemnity
You shall indemnify and hold Harakiri and its officers, directors, employees, agents etc. harmless from any claims, demands, losses, liabilities, and expenses arising out of or in connection with your use of the Services and the domain name, your breach of these Terms, or your violation of the rights of any third party.
9. Term
9.1
These Terms become effective between you and Harakiri upon the first use of the Services. Each party is entitled to terminate these Terms with immediate effect upon the other party’s material breach of these Terms or if the other party is placed into bankruptcy or liquidation, is the subject of composition proceedings, or is otherwise apparently insolvent. Termination shall be made through written notice to the other party’s email address – for you this means the email address you have registered with Harakiri and for Harakiri this means the email address provided on the Njalla webpage. A breach of sections 4.2 and/or 9.2, inter alia, shall be considered a “material breach” in the meaning of this section.
9.2
Harakiri may in its sole discretion, also terminate the Services and these Terms and choose to keep, suspend or cancel your domain name registration if:
- – you breach the obligations under section 4.2 above;
- – you fail to provide payment in due time or accurate contact information as requested under section 3.1;
- – required by ICANN or any other registry operator;
- – needed to comply with any applicable laws, government rules, requests of law enforcement, court orders or public authorities;
- – it is in compliance with any dispute resolution process;
- – to avoid any potential civil or criminal liability; or
- – your use of the Services in any other way incurs damage on the Services or Harakiri or entails a risk thereof.
9.3
Further to the above, Harakiri is entitled to suspend or terminate all or part of the Services where necessary due to technical reasons.
9.4
In all cases where Harakiri is entitled to terminate the Terms with immediate effect, Harakiri shall also be entitled to discontinue the Services with immediate effect.
10. Assignment
Your rights and/or obligations following from these Terms may not be assigned by you to a third party without the prior written approval of Harakiri.
11. Force Majeure
11.1
In the event either party is prevented from due performance of its obligations hereunder by any circumstance beyond the control of the party concerned, including but not limited to accidents, terrorist actions, fire, flood, war, government regulations, banking problems and labor strikes, that party shall be under no liability in respect of such breach as long as the force majeure continues. A party claiming force majeure shall advise the other party in writing at the commencement and the ceasing of the force majeure. The time for performance shall be delayed by a time equal to the force majeure event.
11.2
If the force majeure event does not cease within 30 days, the other party shall have the right to discontinue the Services and terminate these Terms.
12. Entire agreement
These Terms represent the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other terms with respect to the subject matter hereof, other than as explicitly stated in these Terms.
13. Amendments and waivers
No waiver of any provision, term or condition of this Agreement shall be binding on the parties, unless it is made in writing.
These Terms were last updated on 2024-07-26
